The purpose of these planned residential development (PRD) regulations
is to permit residential development which is more creative and imaginative
than is generally possible under conventional zoning district controls
and subdivision requirements. Further, these regulations are intended to promote more
economical and efficient use of the land while providing a compatible
blend of housing types, amenities and community facilities of high
quality, oriented to the specific development site and preserving
the natural scenic qualities of open space.
The site proposed for a planned residential development (PRD)
shall be under single ownership and control. Prior to submitting an
application for tentative approval, the applicant shall demonstrate
that he is the landowner, as defined by this chapter. Legal, as well
as equitable, ownership shall be demonstrated coincident with approval
of the final development plan.
The planned residential development (PRD) provisions of this
chapter shall be administered by the Board of Supervisors. The Planning
Commission shall review all applications on the basis of the standards
specified in this article and make a recommendation to the Board of
Supervisors. The Board of Supervisors shall conduct the public hearings
required by the Pennsylvania Municipalities Planning Code (Act 247,
as amended) and shall have the final authority to approve, approve
with conditions or disapprove a planned residential development (PRD).
A. Preapplication conference. Each applicant shall confer with the Zoning
Officer to schedule a preapplication conference. Upon written request
of the applicant, the Zoning Officer shall schedule a preapplication
conference with Township officials. The conference shall include members
or a designated representative of the Planning Commission and the
Zoning Officer. The Township Solicitor, the Township Engineer, the
Board of Supervisors or representatives thereof and local utility
service representatives may be included, as deemed appropriate.
B. Application for tentative approval. Within 120 days following the
preapplication conference, three copies of an application for tentative
approval shall be submitted. The application shall be in sufficient
detail for the Planning Commission to determine compliance with the
standards of this article and shall contain, at a minimum, the following
information:
(1)
A legal description of the total tract proposed for development,
including a statement of present and proposed ownership.
(2)
A written statement of planning objectives to be achieved by
the planned residential development (PRD) through the particular approach
proposed by the developer. The statement shall include a description
of the character of the proposed development and its relationship
to the immediate area in which it is to be located.
(3)
A written statement setting forth the reasons why the proposed
planned residential development (PRD) would be in the public interest
and would be consistent with the Township's Comprehensive Plan.
(4)
A written statement of the modifications to Township zoning
and subdivision regulations otherwise applicable to the property.
(5)
A location map that clearly shows the location and area of the
site proposed for development with relation to all lands, buildings
and structures within 200 feet of its boundaries, the location and
distance to existing streets and highways and the names of landowners
of adjacent properties.
(6)
A development plan prepared at a scale no smaller than one inch
equals 50 feet showing the following information:
(a)
Existing contours at intervals of five feet; watercourse; floodplains;
wetlands; woodlands; soils; steep slopes; and other natural features.
(b)
Proposed lot lines and subdivision plat, if any.
(c)
The location of all existing and proposed buildings, structures
and other improvements, including maximum heights, types of dwelling
units and dwelling unit density. Preliminary elevations and architectural
renderings shall be provided.
(d)
The location and size in acres or square feet of all areas to
be conveyed, dedicated or reserved as common open space.
(e)
The existing and proposed vehicular circulation system of local
and collector streets, including off-street parking areas, service
areas, loading areas and major points of access from the planned residential
development (PRD) to public rights-of-way.
(f)
The existing and proposed pedestrian circulation system, including
its interrelationship with the vehicular circulation system and proposed
treatment for any points of conflict between the two systems.
(g)
The existing and proposed utility systems, including sanitary
sewers, storm sewers and water, electric, gas and telephone lines.
(h)
Subsurface conditions, including slope stability.
(i)
A minimum of three cross sections showing existing and proposed
contours and their relationship to proposed buildings, structures,
highways, streets, parking areas, walkways and existing woodlands.
(j)
A general landscaping plan indicating the treatment and materials
proposed to be used in buffer areas and common areas on the site.
(k)
Evidence of compliance with the environmental performance standards of §
200-702A of this chapter.
(l)
Any additional information required to determine compliance
with the requirements of this article.
(7)
In the case of development plans that call for development over
a period of years, a schedule for phasing the development shall be
provided. This phasing schedule shall be reviewed annually with the
Planning Commission on the anniversary of tentative approval or as
each phase is completed, whichever occurs first.
C. Public hearing.
(1)
Within 60 days following the submission of an application for
tentative approval of a planned residential development (PRD) which
contains all of the required documentation, a public hearing pursuant
to public notice shall be held by the Board of Supervisors. At least
14 days prior to the hearing, the Zoning Officer shall mail a copy
of the notice by certified mail to each property owner within 300
feet of the entire perimeter of the property, including those located
across a street right-of-way. The cost of mailing the certified notices
shall be paid by the applicant.
(2)
The public hearing shall be conducted in the manner prescribed in Article
IX of the Pennsylvania Municipalities Planning Code (Act 247, as amended, 53 P.S. § 10901 et seq.) and all references to the Zoning Hearing Board in Article
IX shall apply to the Board of Supervisors.
(3)
The Township may offer mediation as an aid in completing these proceedings, provided that, in exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in §
200-1107 of this chapter.
D. Tentative approval.
(1)
Within 60 days following the conclusion of the public hearings,
the Board of Supervisors shall, by written communication, either:
(a)
Grant tentative approval of the development plan, as submitted;
(b)
Grant tentative approval of the development plan, subject to
specified conditions not included in the development plan as submitted;
or
(2)
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 after receipt of the official written
communication of the Board of Supervisors, notify the Board of Supervisors
of his refusal to accept all said conditions, in which case, the Board
of Supervisors shall be deemed to have denied tentative approval of
the development plan. In the event that the landowner does not, within
said period, notify the Board of Supervisors of his refusal to accept
all said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
The Board of Supervisors shall grant tentative approval if and
only if all applicable requirements of this article are met and all
of the following criteria are met:
A. The proposed application for tentative approval complies with all
standards, restrictions, criteria, requirements, regulations and procedures
of this chapter; preserves the community development objectives of
this chapter; and is found by the Board of Supervisors to be compatible
with the public interest and consistent with the Township's Comprehensive
Plan.
B. Where the proposed application for tentative approval provides standards that vary from this chapter and Chapter
178, Subdivision and Land Development, otherwise applicable to the subject property, such departure shall promote protection of the environment, and public health, safety and welfare and shall be in the public interest.
C. The proposals for the maintenance and conservation of any proposed
common open space are reliable and meet the standards of this chapter
and the amount and extent of improvements within the common open space
are appropriate with respect to the purpose, use and type of the residential
development proposed.
D. The physical design of the proposed development plan adequately provides
for public services, traffic facilities and parking, light, air, recreation
and visual enjoyment.
E. The proposed development plan is beneficially related to the immediate
area in which it is proposed to be located.
F. The proposed development plan will afford adequate protection of
natural watercourses, wetlands, topsoil, woodlands, steep slopes and
other natural features and will prevent erosion, landslides, siltation
and flooding.
G. In the case of a development plan that proposes development over
a period of years, the terms and conditions thereof are sufficient
to protect the interests of the public and of the residents of the
planned residential development (PRD) in the integrity of the final
development plan.
After the development plan is granted tentative approval by
the Board of Supervisors, the developer shall submit the application
for final approval which shall consist of detailed plans for any phase
or section of the development plan. No building permit shall be issued
until final approval has been granted by the Board of Supervisors
for the phase or section in which the proposed development is located.
Final approval for any phase or section shall expire if construction
is not initiated for the phase or section within one year of the date
of final approval of the phase or section by the Board of Supervisors.
A. In the event that an application for final approval has been filed,
together with all drawings, specifications and other documentation
in support thereof, in accordance with the requirements of this chapter
and the official written communication granting tentative approval,
the Board of Supervisors shall, within 45 days of such filing, grant
final approval to the development plan.
B. Changes in the location and siting of buildings and structures deemed
minor by the Board of Supervisors may be authorized without additional
public hearings, if required by engineering or other circumstances
not foreseen at the time of tentative approval. However, gross and
net density established at the time of tentative approval shall not
be changed without a public hearing.
C. The application for final approval shall comply with all applicable
ordinance provisions and the development plan shall include, at a
minimum, the following information:
(1)
All data required by Chapter
178, Subdivision and Land Development, for a final plan.
(2)
Accurately dimensioned locations for all proposed buildings,
structures, parking areas and common open space.
(3)
The number of families to be housed in each building or structure
and the intended use of each building or structure.
(4)
A landscaping plan, as defined by this chapter, including the
location and types of materials of sidewalks, trails and recreation
facilities authorized by this chapter.
(5)
Supplementary data, including any covenants, grants of easements
or other restrictions to be imposed on the use of the land, buildings
and structures and provisions for the ownership maintenance and operation
of common open space facilities.
(6)
An engineering report that shall include the following data,
wherever applicable:
(a)
Profiles, cross sections and specifications for proposed public
and private streets.
(b)
Profiles and other explanatory data concerning installation
of water distribution systems, storm sewers and sanitary sewers.
(c)
Feasibility of the sanitary sewerage system in terms of capacity
to serve the proposed development.
(7)
Erosion and sediment control plan.
(a)
An erosion and sedimentation control plan that shall specifically
indicate all erosion and sedimentation control measures to be utilized
on the site and evidence that the plan has been submitted to the Washington
County Conservation District for review and approval. The erosion
and sedimentation control plan shall be designed to prevent accelerated
erosion and sedimentation, including but not limited to the following:
[1]
The topographic features of the site.
[2]
The types, depth, slope and extent of the soils by area.
[3]
The proposed alterations to the site.
[4]
The amount of runoff from the site area and the upstream watershed.
[5]
The staging of earthmoving activities.
[6]
Temporary control measures and facilities during earthmoving.
[7]
Permanent control measures and facilities for long-term protection.
[8]
A maintenance program for the control facilities, including
disposal of materials removed from the control facilities or site
area.
(b)
If the Washington County Conservation District has not approved
the plan before the date on which the Board of Supervisors acts on
the application for final approval, evidence of the County Conservation
District's approval of the plan shall be made a condition of
final approval.
(8)
Variations.
(a)
In the event that the final development plan as submitted contains
variations from the plan granted tentative approval, the Board of
Supervisors may refuse to grant final approval and shall, within 45
days from the filing of the application for final approval, so advise
the landowner, in writing, of such refusal. In the event of such refusal,
the landowner may either:
[1]
Refile the application for final approval without the variations
objected to; or
[2]
File a written request with the Board of Supervisors that it
hold a public hearing on the application for final approval.
(b)
If the landowner wishes to take either 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.
(c)
If the landowner fails to take either of these alternate actions
within said time, he shall be deemed to have abandoned the development
plan.
(9)
Public hearing.
(a)
Any public hearing held on an application for final approval
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 article for public hearings
on an application for tentative approval. At least 14 days prior to
the hearing, the Zoning Officer shall mail a copy of the notice by
certified mail to each property owner within 300 feet of the entire
perimeter of the property, including those located across a street
right-of-way. The cost of mailing the certified notices shall be paid
by the applicant.
(b)
Within 30 days after the conclusion of the public hearing, the
Board of Supervisors shall, by official written communication, either
grant or deny final approval. The grant or denial of final approval
of the development plan shall, in cases where a public hearing is
required, be in the form and contain the findings required for an
application for tentative approval.
D. A final development plan, or any part thereof, which has been granted final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to posting of the financial security required by Chapter
178, Subdivision and Land Development, for public and private improvements in the development plan.
E. In the event that a development plan, or section thereof, is given
final approval and thereafter the landowner shall abandon such plan,
or section thereof, that has been finally approved, and shall so notify
the Board of Supervisors in writing; or, in the event that the landowner
shall fail to commence and carry out the planned residential development
(PRD) in accordance with the time provisions stated in 53 P.S. § 10508
of the Pennsylvania Municipalities Planning Code (Act 247, as amended)
after final approval has been granted, no development or further development
shall take place on the property included in the development plan
until after said property is reclassified by enactment of an amendment
to this chapter.