Land development concepts which provide for varied housing needs require a different set of guidelines and standards for the developer to follow than those established by Chapter 370, Subdivision and Land Development, for conventional subdivisions and land development. It is therefore the intent of this article to establish uniform standards governing planned residential development (PRD). Mobile home Parks as defined by the Pa. Municipalities Planning Code,[1] may not be considered as planned residential developments, in whole or part, under any circumstances. Mobile home park development standards may be found in Chapter 370, Subdivision and Land Development and conditional use standards of this chapter. Where not specifically contained in this chapter, procedures and administrative requirements for PRDs shall be consistent with Article VII of the Pennsylvania Municipalities Planning Code[2] and Chapter 370, Subdivision and Land Development.
The purpose of this article is to create residential development
which is more creative and imaginative and which will foster more
efficient, aesthetic and desirable use of open areas than is generally
possible under conventional zoning district regulations and subdivision
requirements. Further, these regulations are intended to promote more
economical use of land potential while providing a latitude in building
design, building placement, amenities and community facilities of
appropriate quality, oriented to the specific development site characterized
by special features of topography, shape or size, and at the same
time preserve the natural scenic qualities, open spaces, and integrity
of single-family residential neighborhoods within Springfield Township.
A.
PRD development may be permitted in the C-1 Commercial and CR-2 Commercial
and Residential Districts subject to the restrictions, qualifications
and requirements cited in this section, as enumerated herein below.
Provisions of this chapter concerned with dwelling type, bulk, density
and open space shall not be applied when PRD proposals are approved,
except when specifically indicated by the provisions contained in
this chapter.
B.
Locational restrictions. To minimize conflict with airport hazard
areas and provide for appropriate transitional areas, PRD development
shall only be permitted in areas zoned C-1 and CR-2 when said areas
are south of Pa. Route 208 and West of Pa. Route 258.
A.
Minimum land area for a PRD shall be 10 contiguous acres.
B.
The applicant for a PRD plan approval shall evidence a full ownership
interest in the land. The evidence shall either be legal title or
an executed binding sales agreement that may be stated to be in effect
pending zoning approval.
C.
The project shall be in single, legal as well as equitable, ownership
prior to approval of the final development plan.
A.
The developer shall connect any proposed PRD to applicable public sewer or water facilities as may be required by applicable requirements of Chapter 370, Subdivision and Land Development. Any sewer or water line extension required shall be the sole financial responsibility of the developer.
B.
The developer shall conform to all provisions relative to stormwater management as stated in Chapter 358, Stormwater Management, and Chapter 370, Subdivision and Land Development, and Public and Private Improvements Code. All PRD developments shall be regulated to the local and regional highway systems.
C.
The developer must demonstrate to the satisfaction of the Planning Commission, Board of Supervisors, and appropriate officials of the Pennsylvania Department of Transportation that traffic circulation will not be adversely influenced, that additional traffic hazards will not be created and that public and private road systems are adequate, in terms of traffic volume capacity and construction type, to accommodate the projected PRD-generated traffic. Street design and construction in PRDs shall conform to Chapter 370, Subdivision and Land Development, any access management regulations, and all local street specifications. Any and all necessary improvements to public roads shall be the sole financial responsibility of the developer.
The planned residential development provisions of this article
shall first be administered by the Springfield Township Planning Commission
which shall review all applications on the basis of specified standards,
conditions, regulations and procedures and shall make recommendations
to the Board of Supervisors which shall conduct public hearings (or
designate the Planning Commission to hold public hearings). The Board
of Supervisors shall have final authority to approve, modify or disapprove
development plans.
A.
Density. Residential density shall not exceed five dwelling units
per acre. The Township reserves the right to reduce density levels
in any proposed PRD if it determines that:
(1)
There is inconvenient or inadequate vehicular access to the development;
(2)
Traffic congestion resulting in level of service ratings of "D" "E"
or "F," as determined by PennDot criteria, or a decrease of two or
greater level ratings, or similar conditions as determined by a traffic
analysis on adjoining streets will be generated;
(3)
An excessive burden will be placed upon the ability of responsible
public agencies to provide needed public facilities to serve the proposed
development.
(4)
More than 50% of the tract contains floodplain, wetlands, or other
significant environmental limitations.
B.
Lot and structure requirements.
(1)
Lot size. There shall be no minimum lot size or lot width. However,
every dwelling unit shall have access to a public street, court, walk
or other area dedicated to public use.
(2)
No structure or group of structures shall be erected within 20 feet
of any other structure or group of structures within the PRD.
(3)
Setback. All structures on the perimeter of the development must
be set back 100 feet from property boundaries and 100 feet from existing
road center lines.
(4)
In the CR-2 Commercial Residential districts no structure containing
more than one dwelling unit shall be constructed in a PRD within 200
feet of an occupied single-family dwelling unit adjacent to the PRD.
(5)
The minimum building setback on all interior streets and roads both
sides of which are located entirely within the boundary line of the
planned residential development is 50 feet from the road center line.
(6)
Maximum height: 40 feet.
(7)
Location of structures. The proposed location and arrangement of
structures shall not be detrimental to existing or prospective adjacent
structures or to existing or prospective development of the neighborhood.
(8)
It shall be the responsibility of the developer and the Board of
Supervisors, after receiving recommendations from the Planning Commission,
to take into consideration the health, safety and welfare of the residents
when determining the building location, length, width and height of
the proposed buildings.
(9)
Configuration of structures containing more than one dwelling unit.
Every building in a PRD containing more than one dwelling unit shall
have direct first floor access to an outdoor area. No multiple story
structure may have a dwelling unit located exclusively on a second
floor or higher.
(10)
Buildings housing more than one dwelling unit may be of a single
story configuration or of a townhouse configuration, provided that
all second story or higher areas are integral parts of a dwelling
unit with primary access on the first floor. Common stairways shared
by more than one dwelling unit, garden apartments, and upper story
"flats" are specifically prohibited. No building containing more than
one dwelling unit shall contain more than four dwelling units per
building, except that townhouse units may occur in blocks of no more
than six units per building.
C.
Open space.
(1)
Area limitations for various uses. Within the PRD, the following
percentages of the total gross land area shall be devoted to specified
uses as indicated herewith:
(a)
A maximum 50% of gross acreage for residential use. Land devoted
to residential use shall be deemed to include those streets, alleys,
parking areas, private open spaces and courts which are adjacent to
and service primarily residences or groups of residences.
[1]
A maximum of 25% of this 50% may be used for retail, dining and service
facilities and parking associated with residential uses.
(b)
A minimum of 50% of gross acreage for open space uses.
(2)
Open space shall not include space devoted to streets and parking.
Open space uses may be any combination or single use listed below:
(a)
Timber management and forestry.
(b)
Agriculture.
(c)
Equestrian activities by community residents.
(d)
Golf courses.
(e)
Scenic areas and vistas.
(f)
Fishing, hunting, wildlife observation, and similar outdoor
recreational pursuits.
(g)
Developed parklands.
(h)
Other open space uses, including innovative stormwater management,
may be accepted by the Township if approved prior to submission of
alternative plan and such uses do not entail residential or commercial
use.
(3)
All open space areas must be owned by a land trust, government, homeowners'
association, or similar responsible body to ensure maintenance or
proper management in perpetuity. Means for appropriate permanent dedication
or deed covenants to prevent its development shall be required prior
to approval. Golf courses may be held in single separate ownership,
provided that a deed covenant is present to prevent future development.
Unless developed parklands, playgrounds, or a central green surrounded
by streets or lots, no tract of open space shall be less than five
contiguous acres.
(4)
Peripheral open space. Required setback areas from property lines,
preexisting homes, and road rights-of-way shall be maintained as permanent
peripheral open space. This space shall surround the entire PRD. It
may be owned by a land trust, government, homeowners' association,
or all individual homeowners, provided that standards are provided
to ensure this peripheral area remains undeveloped or utilized for
agriculture/forest use in perpetuity. If the lands are to be developed
as parklands or golf courses, the developer shall submit a plan for
a homeowners' association or similar management structure to assure
maintenance in perpetuity.
(5)
A PRD shall be approved subject to the submission of a legal instrument
or instruments setting forth a plan or manner of permanent care and
maintenance of such open spaces, recreational areas and communally
owned facilities. No such instrument shall be acceptable until approved
by the Township Solicitor as to legal form and effect, and the Board
of Supervisors as to suitability for the proposed use of the open
areas.
(6)
The landowner shall provide for an organization or trust for ownership
and maintenance for all streets, recreation areas or open spaces to
be used for general recreation.
(7)
If the common open space is deeded to a homeowners' association or
a nonprofit corporation established on a membership basis, the developer
shall file a declaration of covenants and restrictions that will govern
the association, to be submitted with the application for the preliminary
approval. If there is a homeowners' association under the Unit Property
Act,[1] the developer must file a declaration of rules and regulations.
The provisions shall include, but not be limited to, the following:
(a)
The homeowners' association or nonprofit corporation must be
set up before the homes are sold;
(b)
Membership must be mandatory for each home buyer and any successive
owner;
(c)
The open space restrictions must be permanent, not just for
a period of years;
(d)
The association must be responsible for liability insurance,
local taxes, and the maintenance of recreational and other facilities;
(e)
Homeowners must pay their pro rata share of the cost;
(f)
The assessment levied by the association can become a lien on
the property;
(g)
The association must be able to adjust the assessment to meet
changed needs.
[1]
Editor's Note: The Unit Property Act, 68 P.S. § 700.101
et seq, was repealed 7-2-1980 by P.L. 286, No. 82. See now 68 Pa.C.S.A.
§ 3101 et seq.
(8)
The Township may, at any time and from time to time, accept the dedication
of land or any interest therein for public use and maintenance, and
the Township may, but need not, require, as a condition of the 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.
(9)
Maintenance by Township. In the event that the organization established
to own and maintain common space, or any successor organization, shall
at any time after establishment of the PRD fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan, the Township may serve written notice upon such
organization or upon the residents of the PRD setting forth the manner
in which the organization has failed to maintain the common open space
in reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be corrected within 30 days thereof,
and shall state the date and place of hearing thereon which shall
be held within 14 days of the notice. At such hearing, the Township
may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be corrected.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be corrected within said 30 days or an extension
thereof, the Township, in order to preserve the taxable values of
the properties within the PRD and to prevent the common open space
from becoming a public nuisance, may enter upon said common open space,
and maintain the same for a period of one year. Said maintenance by
the Township shall not constitute a taking of said common open space,
nor vest in the public any rights to use the same. Before the expiration
of said year, the Township shall, upon its initiative or upon the
request of the organization theretofore responsible for the maintenance
of the common open space, call a public hearing upon notice to such
organization, or to the residents of the PRD, to be held by the Township
Supervisors, at which hearing such organization of the residents of
the PRD shall show cause why such maintenance by the Township shall
not, at the option of the Township, continue for a succeeding year.
If the Township Supervisors shall determine that such organization
is ready and able to maintain said common open space in reasonable
condition, the Township shall cease to maintain said common open space
at the end of said year. If the Township Supervisors shall determine
that such organization is not ready and able to maintain said common
open space during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter. The decision of
the Township Supervisors shall be subject to appeal to court in the
same manner, and within the same time limitation, as is provided for
zoning appeals by the Pennsylvania Municipalities Planning Code Act
247 of 1968, as amended.[2] The cost of such maintenance by the Township shall be
assessed ratably against the properties within the PRD that have a
right of enjoyment of the common open space, and shall become a lien
on said properties. The Township, at the time of entering upon said
common 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 PRD.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Permitted uses. Land and buildings may be used for the following
purposes:
(1)
Single-family (detached dwelling units);
(2)
Multifamily dwelling units of not more than four dwelling units per
building; schools, public and private, if state accredited;
(3)
Churches and other places of worship and assembly;
(4)
Non-commercial community centers or recreation structures;
(5)
Licensed nursing homes or personal care homes, provided that all
normal lot yard height and coverage standards, as well as any special
conditions otherwise applicable for such structures under this Chapter
can be complied with. Such facilities shall not exceed a ratio of
one bed per each dwelling unit;
(6)
Retail shops, personal services, professional offices, and eating
and drinking places, subject to limitations on total PRD area. At
least 80% of the total planned dwelling units of the total project
must be physically constructed prior to any nonresidential use construction.
(7)
No PRD shall be approved unless it is consistent with the purposes
of the regulations as stated in this section. Each PRD shall be planned
as an entity, and such planning shall include a unified site plan,
consideration of land uses and usable open spaces, site-related vehicular
and pedestrian circulation systems, and preservation of significant
natural features. The plan may consider a multiplicity of housing
types.
E.
Circulation and parking.
(1)
Vehicular access within the PRD shall be designed to permit smooth
traffic flow with minimum hazard to vehicular or pedestrian traffic.
(2)
A pedestrian and bicycle circulation system shall be established
to serve all elements within the development. The pedestrian and bicycle
circulation system shall be reasonably segregated from vehicular traffic
to provide separation of vehicular and pedestrian movement. Such system
must be complete within the PRD and connect to any abutting trails
and sidewalks within the Township.
(3)
Streets shall conform to Chapter 370, Subdivision and Land Development, and public and private improvements code.
(4)
Parking for all uses or mixtures of uses shall conform to applicable
sections of the Springfield Township Zoning Ordinance, Subdivision
and Land Development Ordinance and public and private improvements
code.
F.
Landscaping.
(1)
A general landscaping plan shall be required at the time of the original
submission to be followed by a detailed landscaping plan prior to
final approvals. The detailed plan shall show the spacing, sizes and
specific types of landscaping materials.
(2)
Existing trees shall be preserved whenever possible. At least 50%
of all trees of minimum caliper of 10 inches diameter at breast height
(DBH) shall be preserved in the course of development. The location
of trees shall be considered when planning the site elements such
as open spaces, building location, walks, paved areas, playgrounds,
parking, circulation systems and finished grade levels.
(3)
A grading plan and an erosion and sedimentation plan shall be provided
prior to any construction or site development activity which will
confine excavation, earth moving procedures, and other changes to
the landscape in order to ensure preservation and prevent despoliation
of the character of the project site.
(4)
All manufactured slopes shall be planted or protected from erosion
and shall be of a character to blend with surrounding terrain.
(5)
Layout of parking areas, service areas, entrances, exits, yards,
courts and landscaping, and control of signs, lighting, noise or other
potentially adverse influences shall be established in a manner which
will protect residential character within the PRD district and in
any adjoining district.
(6)
Within a PRD, all utilities, including telephone, television cable
and electrical systems, shall be installed underground; provided,
however, appurtenances to these systems which require on-grade installation
must be effectively screened.
G.
Signs.
(1)
All sign internal installations and lighting of signs shall meet
the standards for signs established for residential districts by this
chapter.
(2)
Plans shall indicate the location, size and character of any sign
within the PRD intended to be seen from public ways outside the district.
(3)
No more than two sign surfaces, each with surface area not exceeding
20 square feet, shall be permitted at any principal entrance to the
district.
H.
Waste disposal. Adequate provision shall be provided for garbage
and trash removal.
A.
The method for processing a development plan for a planned residential
development under the provisions of this chapter, by Springfield Township,
shall utilize the following provisions:
B.
An application for tentative approval of the development plan for
a planned residential development shall be filed by or on behalf of
the landowner.
C.
The application for tentative approval shall be filed by the landowner
in such form, upon the payment of such a reasonable fee as is specified
by the Township. The application shall be filed with the Zoning Officer.
D.
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 Township, shall be determined and established
by the governing body with the advice of the Planning Commission.
E.
The provisions shall require only such information in the application
as is reasonably necessary to disclose to the Township:
(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 density of land use to be allocated to parts of the site to be
developed.
(3)
The location and size of the common open space and the form of organization
proposed to own and maintain the common open space (if required).
(4)
The use and the approximate height, bulk, and location of buildings
and other structures.
(5)
The proposals for water supply and the disposition of sanitary waste
and stormwater.
(6)
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 easements or grants for public utilities.
(7)
The provisions for parking of vehicles and the location and, if appropriate,
width of proposed streets and public ways.
(8)
The required modifications in the municipal land use regulations
otherwise applicable to the subject property.
(9)
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.
F.
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 Springfield
Township Comprehensive Plan.
G.
The application for tentative approval shall be forwarded to the
Springfield Township Planning Commission for its review and comments.
A.
Within 60 days after the filing of an application for tentative approval
of a planned residential development pursuant to this chapter, a public
hearing pursuant to public notice of said application shall be held
by the Township Supervisors (or Planning Commission, if designated)
in the manner prescribed in the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The governing body may continue the hearing from time to time, and,
where applicable, may refer the matter back to the Planning Commission
for additional review; 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.
A.
The governing body, within 60 days following the conclusion of the
public hearing provided for in this part or within 180 days of the
filing of the application, shall, by official written communication,
to the landowner, either:
B.
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, the tentative approval is granted subject to conditions,
the landowner may, within 30 days after receiving a copy of the official
written communication of the Township, notify such governing body
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 governing body of his refusal to accept all said conditions, tentative
approval of the development plan, with all said conditions, shall
stand as granted.
C.
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 set forth the reasons for the grant,
with or without conditions, or for the denial, and said communication
shall set forth with particularity in what respects the development
plan would or would not be in the public interest, including, but
not limited to, findings of fact and conclusions on the following:
(1)
In those respects in which the development plan is or is not consistent
with the Comprehensive Plan for the development of Springfield Township;
(2)
The extent to which the development plan departs from the regulations of this chapter or Chapter 370, Subdivision and Land Development, otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reason why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location, and amount of the common open space in the
planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential development;
(4)
The physical design of the development plan and the manner in which
said design does or does not make adequate provision for public services,
provide adequate control over vehicular traffic, and further the amenities
of light and air, recreation, and visual enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
(6)
In the case of a development plan which proposes development over
a period of years, the sufficiency of the terms and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plan.
D.
In the event a development plan is granted tentative approval, with
or without conditions, the Township may set forth in the official
written communication the time within which an application for final
approval of the development plan shall be filed or, in the case of
a development plan which provides for development over a period of
years, the periods of time within which applications for final approval
of each part thereof shall be filed. Except upon the consent of the
landowner, the time so established between grant of tentative approval
and an application for final approval shall not be less than 12 months
and, in the case of developments over a period of years, the time
between applications for final approval of each part of a plan shall
be not less than 12 months.
A.
The official written communication provided for in this part shall
be certified by the Township Secretary and shall be filed in the Township
office, and a certified copy shall be mailed to the landowner. Where
tentative approval has been granted, it shall be deemed an amendment
to the Zoning Map, effective upon final approval, and shall be noted
on the Zoning Map.
B.
Tentative approval of a development plan shall not qualify a plat
of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted, or which
has been given tentative approval with conditions which have been
accepted by the landowner (and provided that the landowner has not
defaulted nor violated any of the conditions of the tentative approval),
shall not be modified or revoked nor otherwise impaired by action
of the Township pending an application or applications for final approval,
without the consent of the landowner; provided an application or applications
for final approval is filed or, in the case of development over a
period of years, provided applications are filed, within the period
of time specified in the official written communication granting tentative
approval.
C.
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the landowner shall elect
to abandon said development plan and shall so notify the governing
body in writing, or, in the event the landowner shall fail to file
application or applications for final approval within the required
period of time or times, as the case may be, the tentative approval
shall be deemed to be revoked and all that portion of the area included
in the development plan for which final approval has not been given
shall be subject to those local ordinances otherwise applicable thereto
as they may be amended from time to time, and the same shall be noted
on the Zoning Map and in the records of the Springfield Township Secretary.
A.
An application for final approval may be for all the land included
in a development plan or, to the extent set forth in the tentative
approval, for a section thereof. Said application shall be made to
the Township Zoning Officer within one year of 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, 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 the part thereof, submitted
for final approval, 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. The submission shall
be reviewed by the Zoning Officer and the Planning Commission for
compliance prior to being forwarded to the governing body.
B.
In the event the application for final approval has been filed, together
with all drawings, specifications, and other documents in support
thereof, and as required by this chapter and the official written
communication of tentative approval, the Township shall, within 45
days from the date of the regular meeting of the Planning Commission
next following the date the application is filed, grant such development
plan final approval. Provided, however, that should the next regular
meeting occur more than 30 days following the filing of the application,
the forty-five-day period shall be measured form the 30th day following
the date the application has been filed.
C.
Variations from tentatively approved plan.
(1)
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Township may
refuse to grant final approval and shall, within 45 days from the
date of the regular meeting of the Planning Commission next following
the date the application is filed for final approval, so advise the
landowner, in writing, of said refusal, setting forth in said notice
the reasons why one or more of said variations are not in the public
interest. Provided, however, that should the next regular meeting
occur more than 30 days following the filing of the application, the
forty-five-day period shall be measured from the 30th day following
the date the application has been filed. In the event of such refusal,
the landowner may either:
(2)
If the landowner wishes to take either such alternate action, he
may do so at any time within which he shall be entitled to apply for
final approval, or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance. In the event the landowner shall fail to take either of
these alternative actions within said time, he 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 landowner
makes request for the hearing, and the hearing shall be conducted
in the manner prescribed in this part for public hearings on applications
for tentative approval. Within 30 days after the conclusion of the
hearing, the governing body 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 chapter. Failure of the governing body to render
a decision on an application for final approval and communicate it
to the applicant within the time and in the manner required by this
section shall be deemed an approval of the application for final approval,
as presented, unless the applicant has agreed, in writing, to an extension
of time of change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
of change in a manner or presentation of communication shall have
like effect.
D.
A development plan, or any part thereof, which has been given final
approval, shall be so certified without delay by the Township and
shall be filed of record forthwith in the Office of the Recorder of
Deeds before any development shall take place in accordance therewith.
Upon the filing of record of the development plan, the zoning and
subdivision regulations otherwise applicable to the land included
in such plan shall cease to apply thereto. Pending completion, in
accordance with the time provisions stated in Section 508 of the Pennsylvania
Municipalities Planning Code,[1] of said planned residential development or of that part
thereof, as the case may be, that has been finally approved, no modification
of the provisions of said development plan, or part thereof, as finally
approved, shall be made except with the consent of the landowner.
Upon approval of a final plat, the developer shall record the plat
in accordance with the provisions of Section 513(a) and post financial
security in accordance with Section 509 of the Pennsylvania Municipalities
Planning Code.[2]
E.
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 Township 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 stated in Section 508 of the
Pennsylvania Municipalities Planning Code[3] 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 any amendment to this chapter in the manner prescribed
for such amendments.
[3]
Editor's Note: See 53 P.S. § 10508.
