[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The Planned Residential Districts are strategically located in or
proximate to the franchise or service areas of public utilities or
Township authorities as each of the districts contains severe or moderate
soils limitations for on-site, sanitary sewer systems or is in the
zone of low (0-10 gpm) groundwater capability. The purposes for which
this Part is enacted are:
A.
To provide a means to attain the goals, objectives and strategies
of the Comprehensive Plan relative to orderly growth, diversified
residential development, the conservation of open space, and the preservation
and enhancement of environmental resources.
B.
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 at the time of development in a manner consistent
with the preservation of the property values within existing residential
areas.
C.
To encourage innovations in residential development so that the demand
for housing may be met by greater variety in type, design and layout
of dwellings.
D.
To encourage more efficient use of land and public facilities associated
with residential development.
E.
To encourage more efficient allocation and maintenance of open space
for conservation and active and passive recreation.
F.
To encourage sensitive land development which will respect and conserve
such natural features and resources of the land as flood hazard and
flood fringe areas, agricultural soils, steep and very steep slopes,
surface watercourses and water bodies, groundwater and aquifer recharge
areas, forested areas, terrestrial and aquatic wildlife habitats,
historic and cultural sites, visual resources and other critical environmental
areas and features of importance to the vitality of natural and cultural
resources.
G.
To assure that the flexibility of regulations herein described is
carried out pursuant to sound, expeditious and fair administrative
standards and procedures.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The administration of the procedures for application for and approval
of a planned residential development in a Planned Residential District
(PRD) and control of such development therein is vested in the Board
of Supervisors. Every provision of this Part shall apply to such development
unless the Board of Supervisors expressly determines that a particular
provision is inapplicable.
2.
Unless specifically provided in this Part to the contrary or unless the Board of Supervisors expressly determines and resolves to the contrary, all provisions of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, shall apply to such development and are hereby incorporated herein as if fully set forth hereafter by this reference thereto.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
No application for planned residential development shall be submitted,
accepted, considered or approved unless the following conditions are
met:
A.
Any tract of land proposed for such development shall be in one ownership
or in case of multiple ownership and/or several parcels, evidence
shall be presented of a written agreement between or among the parties
and landowners involved that such development will be in accordance
with a single governing plan and other documents with common authority
and common responsibility, all of which shall be submitted to the
Township upon the making of an application for such development.
B.
Each planned residential development shall have the following minimum
contiguous area requirements:
(1)
In PRD-1, such development shall consist of a contiguous area of at least 25 acres; for tracts less than 25 acres, the regulations of § 27-607, Subsection 2, shall apply.
C.
The development shall be served by public sanitary sewer and public
water systems which shall be constructed, operational and have the
assured capacity to serve the development at the time of first use
or occupancy of any structures in the development begins. The feasibility
and other requirements for such construction, operation and capacity
shall be proved to the satisfaction of the Board of Supervisors as
a condition of approval of the application for a tentative plan and
a final plan.
[Ord. 6/20/1979; as amended by Ord. 112-2003, 11/17/2003,
§ 2; and by Ord. 113-2003, 11/17/2003]
1.
The following provisions apply to all planned residential developments
in the following Districts:
A.
Planned Residential Development-1 (PRD-1) District. This District
is located within and proximate to the service area of the Valley
Forge Sewer Authority. It is in the zones of high (60 gpm and over)
groundwater capability and moderate (10-60 gpm) groundwater capability.
The eastern portion of this District however contains soils having
severe limitations for on-site sanitary sewer systems while the western
portion thereof contains soils having moderate limitations for on-site
sanitary sewer systems.
A building or other structure may be erected, altered or used,
and a lot may be used and/or occupied subject to Parts 11 and 12,
for the following:
(1)
(3)
Conditional Uses. (Refer to § 27-1809)
(a)
Public utility structures or facilities, provided that no exterior
storage of equipment, no housing of construction or repair crews,
no aboveground storage of gaseous or liquid fuel, and no aboveground
structures related to pipelines shall be permitted.
[Amended by Ord. No. 210-2019, 11/4/2019]
(b)
Home occupation, subject to the provisions of Part 16.
(c)
Religious use.
[Amended by Ord. No. 210-2019, 11/4/2019]
(d)
Private clubhouse for recreation as an accessory use, provided
that the principal activity shall not be one which is customarily
carried on as a business.
[Amended by Ord. No. 210-2019, 11/4/2019]
B.
Planned Residential Development-2 (PRD-2) District. This District
is located adjacent to the service areas of Township authorities.
It is within the zone of low (0-10 gpm) groundwater capability but
within the zone of soils having moderate limitations for on-site sanitary
sewer systems except for the northeast portion thereof which contains
soils having severe limitations for on-site sanitary sewer systems.
A building or other structure may be erected, altered or used,
and a lot may be used and/or occupied subject to Parts 11 and 12,
for the following:
C.
Planned Residential Development-3 (PRD-3) District. This District
is located within the potential service area of the Valley Forge Sewer
Authority and within the franchise area of the Philadelphia Suburban
Water Company. It is, however, within the zone of low (0-10 gpm) groundwater
capability and contains soils having severe limitations for on-site
sanitary sewer systems except for a bisecting band of soils having
moderate limitations for on-site sanitary sewer systems.
A building or other structure may be erected, altered or used,
and a lot may be used and/or occupied subject to Parts 11 and 12,
for the following:
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The maximum height of dwellings and other structures erected
or enlarged in PRD-1, PRD-2 and PRD-3 shall be 35 feet, except as
provided in Part 16.
[Ord. 6/20/1979; as amended by Ord. 59-1991, 6/3/1991, § 1;
and by Ord. 113-2003, 11/17/2003]
1.
The following provisions apply in all planned residential developments
in the following PRDs:
A.
Planned Residential Development-1 (PRD-1) District.
(1)
The gross density in PRD-1 shall not be greater than 2 1/2
dwelling units per acre; however, in the case of a mobile home park,
the gross density shall not be greater than four dwelling units per
acre.
(2)
Not less than 50% of the total area of the property shall be
designated as open space, subject to the provisions of Part 15.
(3)
The dwelling units in PRD-1 shall consist of a minimum of each
of the following: a minimum of 20% single-family detached dwelling
units; a minimum of 35% single-family attached dwelling units; and,
a maximum of 40% apartments. However, in the case of a mobile home
park, all dwelling units may be single-family detached.
B.
Planned Residential Development-2 (PRD-2) District.
(1)
The gross density of PRD-2 shall not be greater than 3 1/2
dwelling units per acre.
(2)
Not less than 50% of the total area of the property shall be
designated as open space, subject to the provisions of Part 15.
(3)
A planned residential development within PRD-2 Zoning District
shall include not less than 40% single-family attached dwelling units
and not greater than 50% apartment dwelling units.
C.
Planned Residential Development-3 (PRD-3) District.
(1)
The gross density of PRD-3 shall not be greater than 2 3/4
dwelling units per acre.
(2)
Not less than 50% of the total area of the property shall be
designated as open space, subject to the provisions of Part 15.
(3)
The dwelling units in PRD-3 shall consist of a minimum of each
of the following: a minimum of 75% single-family attached dwelling
units; and, a maximum of 25% apartments.
[Ord. 6/20/1979; as amended by Ord. 50-1985, 5/6/1985, § 2;
and by Ord. 113-2003, 11/17/2003]
1.
The following provisions shall apply to all planned residential developments
in a PRD:
A.
Planned Residential Developments.
(2)
The area and bulk regulations for single-family detached dwelling
units within a mobile home park shall be as follows:
(a)
Minimum Lot Area. A lot area not less than 10,000 square feet
shall be provided for each mobile home.
(b)
Minimum Lot Width at the Building Line. A lot width of 90 feet
at the building line shall be provided for every building or dwelling.
(c)
Minimum Lot Width at the Street Line. A lot width of 50 feet
at the street line shall be provided.
(d)
Maximum Impervious Surface and Building Coverage. Not more than
50% of any lot shall be covered by impervious surfaces and not more
than 20% of any lot area shall be occupied by buildings.
(e)
Minimum Depth of Front and Rear Yards. There shall be a front
yard and a rear yard on each lot, neither yard having a depth of less
than 30 feet.
(f)
Minimum Depth of Side Yards. On each lot there shall be two
side yards having an aggregate width of 35 feet; neither side yard
shall have a width of less than 10 feet. On each corner lot there
shall be two side yards: the side yard abutting a street shall have
a width of not less than 30 feet and the side yard not abutting the
street shall have a width of not less than 10 feet.
(3)
Where single-family attached dwelling units, such as duplex or "twin" or other like single structure multi-dwelling units are proposed within a PRD, the area and bulk regulations of § 27-504, Subsection 1, shall apply for each individual dwelling, except in the case of the minimum depth of side yards, where the following shall apply:
(a)
Minimum Depth of Side Yards. On each lot there will be one side
yard which shall have a width of not less than 25 feet. However, when
duplex or "twin" units are adjacent to the intersection of two streets,
the dwelling whose side yard abuts the street shall have a width of
40 feet; and, the side yard of the individual dwelling whose side
yard does not abut the street shall have a width of not less than
25 feet.
B.
Other Development. Where a tract contains less than the minimum contiguous areas for a planned residential development as required in § 27-603, Subsection 2, the area and bulk regulations for single-family detached dwelling units (i.e., single structure single-family dwelling units) shall be as follows:
(1)
In PRD-1, for tracts less than 25 acres, the regulations of
Part 4 shall apply, and the FR — Farm Residential District shall
be the applicable District when the minimum contiguous area requirement
is not met.
(2)
In PRD-2 and PRD-3, for tracts less than 50 acres, the regulations
of Part 4 shall apply, and the FR — Farm Residential District
shall be the applicable District when the minimum contiguous area
requirement is not met.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
In addition to design standards satisfying the Board of Supervisors and those contained in Part 5 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, which pertains to streets, paved cartway, curbs and gutters, sidewalks, storm sewers and surface drainage, water supply systems, sanitary sewer systems and like matters, and the open space provisions of Part 15, in particular the performance standards in Part 15, § 27-1505, the following design standards shall apply to all planned residential developments in any PRD:
A.
All housing areas (and other areas on, in, under or above which structures
are, or are to be, located) shall be planned, designed, constructed
and made maximally usable, operable and habitable, with regard to
the topography and natural features of the tract. The effects of prevailing
winds, seasonal temperatures and hours and angles of sunlight on the
physical layout and form of the proposed buildings and other structures
shall be included herein.
B.
Variations in building and other structural locations shall be provided
to create architectural interest and/or preserve critical environmental
areas and amenities.
C.
Every building and other structure (except for streets, and utilities,
within the street right-of-way) shall be sited to promote pedestrian
and visual access to common open space in accordance with the provisions
of Part 15.
D.
The length of any building and other structure shall not exceed 175
feet in any single direction.
E.
Any building and other structure shall be at least 100 feet from
the peripheral boundary line of the tract.
F.
Any building and other structure shall be at least 30 feet from the
right-of-way of local streets, 40 feet from the right-of-way of rural
collector streets, and 50 feet from the right-or-way of minor and
principal arterial streets; no structures shall be less than 20 feet
from the limit of parking areas.
G.
Any structure shall be at least 30 feet from the closest point of
any other structure, except where walls of adjoining buildings are
within 25° of being parallel to each other for a distance of 35
feet, the minimum distance between such walls shall not be less than
50 feet at the closest point.
H.
All utilities shall be designed, placed and installed underground
at angles, grades, locations and depths satisfactory to the Board
of Supervisors.
I.
Fire hydrants shall be installed to meet the requirements of the
Middle Atlantic Fire Underwriters Association and the Board of Supervisors.
J.
All off-street parking areas, streets and other areas of pedestrian
and motor vehicle use shall be permanently illuminated with the least
energy intensive devices, structures and systems while providing the
maximum illumination so that the Board of Supervisors is assured to
its satisfaction that such illumination assures safety to pedestrians
and motor vehicles at the least cost of operation and maintenance.
All such lighting shall be so arranged to direct light either downward
or away from residences.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
Where existing storm sewer systems are deemed by the Board of Supervisors
as accessible, the Board of Supervisors may require a proposed development
connect therewith.
3.
Storm sewer systems for the development shall be designed, constructed
and shall operate and be readily capable of being maintained to prevent
concentration of stormwater runoff on adjacent developed or undeveloped
properties and streets and other areas of impervious surface. The
developer shall be responsible for the installation or improvement
of off-tract systems as deemed necessary by the Board of Supervisors.
4.
The design and construction of all storm drainage facilities and
storm sewer systems shall be subject to the approval of the Township
Engineer.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003;
and by Ord. 159-2010, 10/4/2010, § 4]
1.
Plans submitted for a development shall conform to the provisions for minimizing erosion and sedimentation as set forth in the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection, and in § 22-512 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time. In preparing a plan for the control of erosion and sedimentation, the developer shall meet as a minimum the standards and specifications outlined in the aforementioned manual and ordinance.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
In addition to the controls presented in the above section herein,
all developments and land use in a PRD shall be governed by Parts
13 and 16 and all plans, documents and other submissions in regard
to any approval sought shall demonstrate to the Board of Supervisors
compliance therewith.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
Landscaping shall be an essential feature of every development in
a PRD. In addition to the preservation of natural features, trees
and slopes of the tract, landscaping of parking areas and the installation,
of street trees shall be performed as follows:
A.
All parking areas shall be landscaped. The interior of each lot shall
have one three-inch caliper shade tree for every five parking spaces
if there are no existing shade trees in such areas.
B.
Shade trees shall be provided along all streets. Trees shall be within the right-of-way, two feet from the edge of the right-of-way. No less than one four-inch caliper tree shall be planted at the average interval set forth in the Appendix of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
C.
The type of trees and plants to be planted shall be subject to the
approval of the Board of Supervisors, approval of types of trees and
plants to be based on, but not limited to, the following criteria:
(1)
Trees and plants shall be typical of their species and variety;
and have normal growth habits, well developed branches, and densely
foliated, vigorous, fibrous root systems.
(2)
Trees and plants shall be free from defects and injuries and
certified by appropriate federal and state authorities to be free
from diseases and insect infestations.
(3)
Trees and plants shall be freshly dug and nursery grown. They
shall have been grown under climatic conditions similar to those in
the locality of the project or properly acclimated to the conditions
of the locality of the development.
D.
Planting screens shall be landscaped for the full required width
and length with plant material of sufficient density and of sufficient
height to constitute an effective screen. The requirements for planting
screens and compliance therewith shall be determined by the Board
of Supervisors.
E.
Existing trees shall be preserved except where the Board of Supervisors
determines removal to be necessary. The protection of trees of six-inch
caliper or greater shall be a factor in determining the location of
open space, buildings, underground services, walks, paved areas, playgrounds,
parking areas and finished grade levels. The developer shall plant
one tree of not less than three inches in caliper for each tree of
six-inch caliper or more to be removed or which has been otherwise
damaged or destroyed. In the event such trees cannot be planted on
the development property because of site constraints, as mutually
determined by the Township and the developer, the Township and the
developer shall agree on one or more of the following methods to comply
with the trees replacement requirement:
(1)
The number of required trees may be reduced by installing larger
or more valuable trees to attain equal monetary value.
(2)
The required trees shall be planted on a Township owned and
maintained property.
(3)
The monetary value of the required trees shall be donated to
the Township. Such value shall be determined by using current wholesale
prices from plant nursery catalogues, multiplied by 2.1 (to account
for handling, shipping and installation costs).
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
A developer may propose to develop a development in a PRD in stages
and the Board of Supervisors may approve same if the following criteria
are met:
A.
The application for tentative approval covers the entire development
and shows the location and time of construction for each stage, in
addition to other information required by this chapter.
B.
At least 35% of the dwelling units in the plan given tentative approval
are included in the first stage.
C.
The second and subsequent stages are completed in strict accordance
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 25% of the dwelling units
receiving tentative approval.
D.
In no case shall work on the current stage area include stripping
or disturbance of woodland and soils set aside for later stages.
E.
All improvements in the tract other than dwellings shall be completed
contemporaneously with the completion of construction of the first
stage of development.
F.
Any plans, documents and other papers required by the Board of Supervisors
to depict all of the foregoing and the limits thereof are submitted
to and approved by the Board of Supervisors.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
All development in a PRD and the plans, documents and other
papers therefore shall comply with Part 15, "Open Space Provisions."
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The application for tentative approval of a development in a PRD
shall be executed by the developer and submitted for filing with the
Township Secretary. If the applicant is not the landowner, the executed
consent of the landowner or evidence of the applicant's legal
authority to make such an application shall be so submitted. An initial
deposit in the amount specified by the Board of Supervisors by resolution
or otherwise, to be applied against expenses associated with the processing
and review of the application, shall be paid upon filing the application.
Additional deposits shall be made from time to time as requested by
the Township not to exceed actual expenses. Nineteen copies of the
application shall be submitted to the Township Secretary for various
required reviews. The application for such tentative approval shall
include all plans, documents, papers and submissions proving compliance
with all of the standards and requirements of this Part, but the Board
of Supervisors may require such additional plans, documents and submissions
as needed to aid them in the review of the applications and accompanying
papers.
A.
Application for tentative approval shall include, but not be limited
to, the following documents:
(1)
A statement indicating the nature of the applicant's and
the landowner's interest in the project.
(2)
A written statement by the applicant setting forth the reasons
why the development would be in the public interest and would be consistent
with this chapter and the Comprehensive Plan's goals, objectives
and strategies, and its recommendations for land use, community facilities
and utilities, circulation and other matters as therein recommended.
(3)
Documentary evidence proving that the applicant has notified the abutting owners that an application for tentative approval of a proposed development of the subject tract has been submitted for filing with the Township Secretary. Such notification shall occur within 10 days after the submission of an application with the Township Secretary and shall be by Registered Mail, return receipt requested, postage prepaid. Evidence of such notification shall be presented to the Board of Supervisors at the first public hearing at which the tentative plan is discussed as set forth in § 27-616 herein.
(4)
A map to be drawn at a scale of one inch equals 800 feet indicating
the location and size of the tract and its relationship to surrounding
properties, and showing all streets, roads, Township boundaries, subdivisions,
adjoining properties and designated open space within 2,500 feet of
any part of the tract. 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.
(5)
A plan at a scale of one inch equals 100 feet delineating the
topography of the tract. Such plan shall contain contours with at
least two foot intervals and shall accurately and conspicuously depict,
delineate, and otherwise note in graphic fashion, slopes from 0% to
4%, 4% to 10%, 10% to 15%, 15% to 25% and greater than 25%.
(6)
A plan at a scale of one inch equals 100 feet accurately and
conspicuously depicting, delineating, and otherwise noting in graphic
fashion the vegetation of the tract. Such plan shall depict the location
of all trees six inches to 12 inches in caliper, and, those greater
than 12 inches in caliper.
(7)
A plan at a scale of one inch equals 100 feet delineating the
drainage characteristics of the tract. Such plan shall accurately
and conspicuously depict, delineate and otherwise note in graphic
form all perennial and intermittent streams and other watercourses
and their watersheds, as well as all flood fringe and flood hazard
areas.
(8)
A plan at a scale of one inch equals 100 feet accurately and
conspicuously depicting, delineating and otherwise noting in graphic
fashion the soils of the site. Such plan shall depict, delineate and
otherwise note in graphic fashion all soil types and shall include
a table identifying soil characteristics pertinent to the proposed
development and the tract.
(9)
A plan at a scale of one inch equals 100 feet accurately and
conspicuously depicting, delineating and otherwise noting in graphic
fashion the proposed use areas by type, size, location and gross density.
(10)
A plan at a scale of one inch equals 100 feet accurately and
conspicuously depicting, delineating and otherwise noting in graphic
fashion the use, height, bulk and location of the buildings and other
structures, and the location of streets, rights-of-way, cartways and
parking areas and other improvements.
(11)
A plan at a scale of one inch equals 100 feet depicting, delineating
and otherwise noting in graphic fashion common open space. Such plan
shall accurately and conspicuously depict, delineate and otherwise
note in graphic fashion the location, function and size of open space
areas, and any existing natural and cultural features contained within
the open space. In addition, the plan shall include any facilities
or other structures proposed. Accompanying the plan shall be a statement
indicating the proposed means for ownership and maintenance of the
common open space.
(12)
A written report indicating the feasibility of proposals for
water supply and sanitary sewage disposal.
(a)
With regard to water supply, there shall be an objective description
of the ability to achieve a safe and efficient water supply system.
The description shall reference geologic and hydrologic data relative
to groundwater conditions, realistic potential yields and quality.
In addition to such information regarding water supply, the description
shall indicate the demand by type of use for water from the proposed
development and its related uses and users.
Where 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, the applicant shall include documentary
evidence that water is to be supplied by a certified public utility,
a bona fide cooperative association of lot owners, or by a Township
corporation, authority or utility.
(b)
With regard to sanitary sewage disposal, there shall be an objective
description of the ability to achieve a safe and efficient system
for sewage disposal. The description shall indicate all proposed measures
and methods for conveying and treating the sewerage and the sizes
of all pipes and direction and quantities of flow anticipated from
the development, as well as all connections which will be required
to tie into existing sanitary sewers.
(c)
Assurance of the availability of safe and efficient public water
and public sewer facilities shall also be reported. Such assurance
shall include a letter signed by an officer of the company or authority
concerned, indicating its ability and willingness to provide such
service within the timetable proposed for the development, including
a statement of maintenance responsibilities and rates and charges
for service.
(13)
A written report indicating the proposed stormwater system and methods of stormwater management. Said report shall include a conservation plan and be in complete conformance with § 22-404 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time. Said report shall also include a fully detailed soil erosion and sedimentation control plan.
(14)
A written report indicating the proposed methods and measures
to be undertaken for energy conservation and the effective utilization
of renewable energy sources.
(15)
A plan illustrating phasing, including a time schedule for all
on-site and off-site improvements to be offered for dedication for
public use.
(16)
A fully detailed grading plan at a scale of one inch equals
100 feet delineating proposed contours at minimum intervals of two
feet.
(17)
A fully detailed landscaping plan at a scale of one inch equals
100 feet differentiating existing and proposed plant materials and
including a plant list with the botanical and common names of all
proposed plan materials, as well as notations for the quantities and
sizes of proposed plant materials.
(18)
The documents containing covenants, grants of easements, or
other restrictions to be imposed upon the use of land, buildings and
other structures including proposed grants and/or easements for utilities
and the like.
(20)
In the case of plans which call for construction of the development
in permitted stages, a schedule showing the time within which applications
for final approval of all parts of the Development are intended to
be filed, and which shall be updated annually on the anniversary of
submission for final approval.
(21)
A report accompanying the application shall demonstrate compliance
with the provisions set forth for documentation herein.
B.
Copies of every application for tentative approval received by the
Township Secretary shall be promptly forwarded to the Township Planning
Commission and the Chester County Planning Commission for review and
recommendation. One copy of the Township Planning Commission report,
if any, shall be furnished to the applicant upon receipt by the Board
of Supervisors.
C.
The applicant, the Board of Supervisors, the Township Planning Commission
and the Chester County Planning Commission may consult informally
concerning the proposed development in a PRD prior to the filing of
an application for tentative approval, provided that no statement
or representation by a member of the official review agency or of
the planning agencies be binding upon the Township.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
Within 60 days after the filing of an application for tentative approval of the development pursuant to this Part, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors. The hearing shall be held in accordance with the procedures set forth in §§ 27-1903, Subsections 1 through 6, hereof, except that references to the Zoning Hearing Board shall be deemed to be references to the Board of Supervisors.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The Board of Supervisors, within 60 days following the conclusion
of the public hearing(s) provided for in this Part, shall by official
written communication to the applicant, either:
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.
C.
Deny tentative approval of the development plan.
Failure to do so 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 applicant may, within 30 days after receiving a
copy of the official written communication of the Board of Supervisors
notify such Board of Supervisors of his refusal to accept all said
conditions, in which case, the Board of Supervisors shall be deemed
to have denied tentative approval of the development plan. In the
event the applicant 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.
2.
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:
B.
The extent to which the development plan departs from zoning and
subdivision regulations otherwise applicable to the subject tract,
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
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 proposed systems for sanitary sewers, water supply, stormwater
control and soil erosion and sedimentation control, and the manner
in which said proposals adequately or inadequately address the construction,
operation and maintenance of such systems.
E.
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 and pedestrian traffic, and
further the amenities of light and air, recreation and visual enjoyment.
F.
The relationship, beneficial or adverse, of the proposed development
to the neighborhood in which it is proposed to be established.
G.
In the case of a development plan which proposed 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
development in the integrity of the development plan.
3.
In the event a development plan is granted tentative approval, with
or without conditions, the Board of Supervisors may set forth in the
official written communication the time within, which an application
for final approval of the development plan shall be filed or, in the
case of 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
Board of Supervisors the time so established between grant of tentative
approval and application for final approval shall be not less than
three months nor more than one year, and in the case of development
over a period of years, the time between applications for final approval
of each part of the plan shall not be less than 12 months nor more
than 18 months.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The official written communication provided for in § 27-617 of this Part shall be certified by the Secretary of the Board of Supervisors and shall be filed in his/her office, and a certified copy shall be mailed to the applicant.
2.
Tentative approval of a development plan shall not qualify a plot
for recording nor authorize development or the issuance of any building
permits.
3.
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the applicant shall elect
to abandon said development plan and shall so notify the Board of
Supervisors in writing, or in the event the applicant 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
in the records of the Township Secretary.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
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 Board of Supervisors and within the time or times specified by the official written communication granting tentative approval as in § 27-617 or as otherwise mutually agreed upon between the applicant and the Board of Supervisors and set forth in writing by the Board of Supervisors. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held. The application for final approval shall consist of a plan or plans and accompanying documents which shall show and shall include the following information:
A.
The Plan. The final plan shall be prepared in accordance with the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, and with the requirements set forth below. All plans shall be drawn at a scale not smaller than one inch equals 50 feet and shall be clear and legible blue-line or black-line prints, containing or showing:
(1)
Development name or identifying title.
(2)
Municipality in which the development is located.
(3)
North point, scale and date.
(4)
Name of record owner of the tract and developer.
(5)
Name and seal of the registered professional engineer, landscape
architect, land planner, architect or surveyor responsible for the
plans.
(6)
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.
(7)
Property lines within the development.
(8)
Lot areas to 1/1000 of an acre.
(9)
Street lines, lot lines, rights-of-way; easements and areas
to be offered for dedication for public use or proposed to be restricted
to common open space. Profiles for all streets and for proposed sanitary
and storm sewer mains, inlets and manholes, and location of all utilities.
(10)
The length of all straight lines, radii, lengths of curves and
tangent bearings for each street.
(11)
All dimensions and angles or bearings of the lines for each
lot and of each area to be offered for dedication for public use.
(12)
The designation of common open space including the area contained
therein.
(13)
Location, grades, length and width of all private driveways
and all parking facilities and type of paving and other surface to
be used therefor.
(14)
Names proposed to be given to all streets and details of all
juncture points to state, township or private roads.
(15)
Location of all structures.
(16)
Number of lots.
(17)
Number of dwelling units by type and the number, location and
square footage of areas to be devoted to nonresidential use.
(18)
Architectural drawings and elevations to scale of all buildings,
said drawings to bear the signature and the seal of the architect
who has prepared same.
(19)
Gross area of the entire development tract and, in the case
of development in stages or the gross area of the stage or section
both for which plans are submitted and not submitted.
(20)
All permanent monuments.
(21)
All existing watercourses, tree masses and other natural features,
including all trees six inches in caliper or greater.
(22)
A final soil erosion and sedimentation control plan.
(23)
A final landscaping plan, differentiating existing and proposed
plan materials and including a final plant list that indicates the
types, quantities and sizes of proposed plant materials.
B.
The Documentation. The application for final approval shall also
be accompanied by:
(1)
Copies of deed restrictions and/or easements, and other documents
relating to title, use or occupancy.
(2)
Copies of permits from the state, county or other authority
or entity regarding the construction, operation and maintenance of
the proposed sanitary sewer system, water supply system, soil erosion
and sedimentation control system, and high occupancy system; and copies
of permits from the Township regarding soil erosion, sedimentation
and grading control and highway occupancy.
(3)
An affidavit that the applicant is the owner of the land proposed
to be developed or has been authorized by the landowner to be the
applicant, supported by a copy of the written authority therefor.
(4)
Offers of dedication, covenants and other documents governing
the reservation and maintenance of undedicated open space, provided
that all such offers of dedication and covenants shall be subject
to the approval of the Township Solicitor as to their legal sufficiency
and compliance herewith.
(5)
Copies of the homeowners agreements for common open space not
to be offered for dedication to the Township.
(6)
Such other information related to the development as is deemed
necessary by the Board of Supervisors to make their determination.
All such information shall be in writing.
C.
In the event the application for final approval has been filed, together
with all drawings, specifications, covenants, easements, performance
bonds, and other documents, papers and submissions in support thereof
and in compliance herewith, and as required by this chapter and the
official written communication for tentative approval, the Township
shall within 45 days of such filing, grant such development plan final
approval.
D.
In the event the development plan, documents and other papers as
submitted contain variations from the development plan, documents
and other papers 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 applicant
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.
In the event of such refusal, the applicant may either:
(1)
Refile his application for final approval without the variations
objected to.
(2)
File a written request with the Board of Supervisors that it
hold a public hearing on his application for final approval.
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If the applicant 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 of receipt of notice
that the development plan was not in substantial compliance. In the
event that the applicant shall fail to take either of these alternate
actions within said time, he shall deemed to have abandoned the development
plan. Any such public hearing held pursuant to public notice within
30 days after request for the hearing is made by the applicant 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(s), 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 Part.
|
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 by the landowner of record forthwith in the Office
of the Recorder of Deeds before any development shall take place in
accordance therewith.
F.
In the event that a development plan, or a section thereof, is given
final approval and thereafter the landowner shall abandon such plan
or the section thereof that has been finally approved, and shall so
notify the approving body in writing; or, in the event the landowner
shall fail to commence and carry out the planned residential development
in accordance with the time provisions set forth in § 508
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508,
after final approval has been granted, no development or further development
shall take place on the property included in the development plan
until after the said property is reclassified by enactment of an amendment
to this chapter in the manner prescribed in Article VI of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10601 et seq.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The Township may avail itself of any and all remedies or penalties for violations as set forth in §§ 27-2102 and 27-2103 hereof and any other such remedies available at law and in equity including, but not limited to those specified in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
Upon approval of the final plan, the applicant shall post financial
security in accordance with § 509 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10509.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The Township shall require appropriate liability insurance and
minimum limits for coverage in regard to any development. The Township
shall be a "named insured" under all such liability policies, without
premium liability therefor. Said policy shall further be written to
exclude the operation of any "other insurance" clause. The Township
shall also require from the applicant a defense, indemnity and hold
harmless agreement in favor of the Township which shall be insured
by the applicant to at least the minimum limits required by the Board
of Supervisors for liability insurance.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The final plan will be recorded by the landowner in the Office
for the Recording of Deeds in and for Chester County, Pennsylvania,
within 90 days of the granting of final approval by the Board of Supervisors.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
Fees for review of the tentative and final plan shall be established
by resolution of the Board of Supervisors. Should any funds remain
after the final plan is processed and reviewed, they will be returned
to the applicant.
