[Ord. No. 130, 12/9/1991]
The Township, being confronted with increasing urbanization,
and acknowledging that the technology of land development and the
demand for housing are enduring substantial and frequent modifications,
and recognizing the applicability of the objectives specified under
Articles VI and VII of Act 247, as amended (the Pennsylvania Municipalities
Planning Code), adopts this Part for the following purposes:
(a)
To provide an optional approach to community development with provisions
to permit more efficient utilization of land and of public services;
(b)
To encourage innovations in development (residential and nonresidential),
so that the growing demand for housing and other development is adequately
achieved by greater variety in type, design and layout of structures:
(c)
To conserve and efficiently utilize open space and environmental
amenities;
(d)
To encourage flexible land development which will provide additional
options towards the preservation of environmentally sensitive areas;
(e)
To encourage more efficient use of public facilities that are required
in association with new development;
(f)
To permit a mixture of land uses (including nonresidential development)
which will provide even more flexibility for land development.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 164, 4/26/1999;
by Ord. No. 192, 9/16/2002; and
by Ord. No. 236, 5/16/2007]
(a)
Eligibility. No application for tentative approval of a planned residential
development shall be considered for approval unless the following
conditions are in compliance:
(1)
Planned residential development is permitted as a conditional
use within the MDR (Medium Density Residential) Zoning District.
(2)
The planned residential development shall consist of a minimum
contiguous land area of 50 acres in the MDR (Medium Density Residential)
Zoning District.
(3)
The land area under consideration should not include any portion
of land located within existing rights-of-way and land that has been
previously developed. The area shall not be considered contiguous
if it is divided by an existing street exceeding 60 feet in width
of ultimate right-of-way.
(4)
The PRD shall be served by a public or community water supply
system and sewage disposal system, approved by the appropriate local
and state agencies, and shall be constructed and certified operational
by the appropriate authorities before the occupancy permits are issued.
(b)
Permitted Uses.
(1)
Residential dwelling units as single-family detached, single-family
semi-detached, single-family attached (townhouses) and apartments.
(2)
Non-residential uses of recreational, commercial, office and
institutional character to the extent they are designed and intended
primarily to serve the residents of the PRD. The commercial uses shall
not exceed 5% of the gross area of the PRD and shall be located in
an inconspicuous location.
(c)
Density Specifications.
(1)
The PRD shall not exceed the overall gross residential density
of four dwelling units per acre in the MDR (Medium Density Residential)
Zoning District.
(2)
The PRD shall not exceed the net residential density for the
following residential uses:
|
Dwelling Type
|
Maximum Design Density
|
|---|---|
|
Single-family detached
|
3 dwelling units/acre
|
|
Single-family semi-detached
|
4 dwelling units/acre
|
|
Townhouses
|
10 dwelling units/acre
|
|
Apartments
|
12 dwelling units/acre
|
(3)
The PRD shall comply with the following proportions for each
residential use:
|
Dwelling Type
|
Percentage of Total Units
|
|---|---|
|
Single-family detached
|
Minimum of 25%
|
|
Single-family semi-detached
|
Maximum of 30%
|
|
Townhouses
|
Maximum of 60%
|
|
Apartments
|
Maximum of 40%
|
(4)
The area to be utilized and calculated for development purposes
shall not include lands within the Environmental Protection Overlay
District.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 192, 9/16/2002;
and by Ord. No. 229, 12/19/2006]
(a)
Comprehensive Planning Considerations.
(1)
The PRD shall be designed with regard to the topographic and
natural features of the site. The effects of prevailing winds, seasonable
temperatures and hours of sunlight on the physical layout and design
of the PRD shall be considered by the developer.
(2)
The intent of PRD is to encourage a higher quality of development
and to take into consideration the overall appearance of all structures.
(3)
All natural features (lakes, streams, topsoil, knolls, basins,
trees and shrubs) should be preserved and incorporated into the final
landscaping of the PRD whenever possible and desirable. The finished
topography of the site shall adequately facilitate the PRD without
excessive earthmoving and neglect for the natural amenities.
(4)
The PRD shall provide a planting screen along the property lines at the periphery of the development to protect the privacy of the adjacent residents. The planting screen shall be consistent with the standards specified under § 27-517, entitled "Landscaping Regulations," of Chapter 27, entitled "Subdivision and Land Development," of the Township of Amity Code of Ordinances.
(b)
Residential Site Design and Location.
(1)
All structures shall be designed with regard to topography and
natural features of the site.
(2)
The PRD should encourage architectural variations and interest
in the layout and character of housing structures and setbacks.
(3)
All buildings and structures shall be designed and located to
enhance privacy and insure natural light for all principal rooms.
(4)
The proposed residential dwelling units located within the PRD
should not be located along existing roads within the Township and/or
along any proposed interior collector street. This provision may be
waived by the Township if the applicant demonstrates that the design
options are limited based on physical development constraints.
(c)
Area, Yard and Height Regulations.
(1)
Each of the following maximum and minimum dimensional requirements
shall apply to the specified land use as indicated below, except as
specifically provided in this Part or Chapter.
|
Minimum Regulations
|
Single-family Detached
|
Single-family Semi-Detached
|
Townhouses
|
Apartments
|
|---|---|---|---|---|
|
Lot Area (net)
|
10,000 square feet
|
8,000 square feet.*
|
—
|
—
|
|
Lot Width
|
70 feet
|
60 feet*
|
20 feet
|
200 feet
|
|
Building Setback
|
40 feet
|
40 feet
|
30 feet
|
70 feet
|
|
Rear Yard
|
30 feet
|
30 feet
|
30 feet
|
70 feet
|
|
Side Yard
|
10 feet
|
10 feet
|
30 feet
|
50 feet
|
|
Maximum Regulations
|
Single-family Detached
|
Single-family Semi-Detached
|
Townhouses
|
Apartments
|
|---|---|---|---|---|
|
Building Height
|
35 feet
|
35 feet
|
35 feet
|
35 feet
|
|
Lot Coverage
|
20%
|
20%
|
—
|
—
|
|
*
|
Per Dwelling Unit
|
(2)
In addition to the area, yard and height regulations specified
above, the following provisions will apply:
(i)
No structure shall be constructed within 50 feet of the 100-year
flood boundary on soils that have been classified as hydric, alluvial
and/or having a high water table, and slopes that exceed 25%.
(ii)
No group of townhouses shall consist of more than seven continuous
attached buildings in a single building group and no more than 12
dwelling units in an apartment building group.
(iii)
All multifamily structures (townhouses and/or
apartments) shall be located at a minimum of 100 feet from the property
lines of the PRD and 150 feet from the ultimate right-of-way of any
arterial or collector streets.
(iv)
The horizontal distance between groups of multifamily structures
shall be a minimum of 60 feet between the closest structural points.
(v)
Apartment units shall not exceed 150 feet in length.
(d)
Non-Residential Site Design and Location.
(1)
Non-residential development in the PRD shall be limited to neighborhood
retail and service facilities, churches, community activity centers,
banks, saving and loan associations, recreational facilities and health
clubs. Non-residential uses of commercial, office or institutional
nature shall be designed and intended primarily for the residents
of the PRD.
(2)
The nonresidential uses shall not exceed 5% of the gross area
of the PRD.
(3)
The location of nonresidential uses shall be situated on a collector
street and shall minimize traffic congestion.
(4)
The design and architectural characteristics shall be harmonious
with the integrity and values of the adjoining residential areas.
All nonresidential uses shall be adequately screened.
(5)
The inclusion, proportion and location of nonresidential uses
shall require approval of the Planning Commission and Board of Supervisors.
(e)
Street Design Standards.
(1)
The street system shall be designed to relate with the proposed
land uses and existing adjacent streets, and to minimize through traffic
in the residential areas.
(2)
The PRD shall provide a system of collector and minor streets
that will provide a safe and efficient measure of ingress/egress.
(3)
Points of ingress and egress should be designed and located
to prevent traffic hazards and/or congestion.
(4)
The street system shall be designed to create a separation for
automobile and pedestrian traffic. The location of all residential,
commercial, recreational and open space should be analyzed to provide
a safe circulation pattern.
(5)
All means of ingress and/or egress from a PRD to any public
street or state highway shall be located at an intersection or at
least 500 feet from any intersecting street(s) and shall be designed
to conduct traffic circulation in a safe and efficient manner, except
where existing conditions make this requirement impractical and where
the applicant can demonstrate that a deviation from this standard
is safe. The developer shall be responsible for the purchase and erection
of any necessary traffic control devices and the construction of additional
acceleration or deceleration lanes as may be required by the Pennsylvania
Department of Transportation or by the Township.
(6)
In addition to the above specifications, the PRD should comply with all technical requirements for streets, conforming to the policies of the Township Subdivision and Land Development Ordinance (see Chapter 27 of the Township Code of Ordinances) and this chapter. This includes all specifications and requirements for street widths, grades, horizontal curves, vertical curves, intersections, sight distances, access restrictions, cul-de-sac's, names of streets and construction materials.
(7)
The Board of Supervisors, or the Planning Commission, if designated,
may request the developer (depending on size, location and magnitude
of the PRD) to perform a traffic study to analyze the traffic circulation
patterns and volumes at pre- and post-development conditions.
(8)
All streets located within the PRD shall be offered for dedication
to the Township by the developer.
(f)
Parking Design and Loading Area Requirements.
(1)
There shall be two off-street parking spaces measuring 10 feet
by 20 feet for each dwelling unit with aisles a minimum of 20 feet
wide.
(2)
There shall be one off-street parking space measuring 10 feet
by 20 feet for each 100 square feet, or portion thereof, of commercial
floor area devoted to patron use with the requirements specified generally
for parking areas herein.
(3)
Parking areas shall be arranged to prevent through traffic to
other parking areas.
(4)
Parking areas shall be screened from adjacent structures, access road and/or traffic arteries. The developer shall utilize landscaping (§ 32-914), earth berms (not exceeding six feet in height) and/or decorative walls (not exceeding six feet in height).
(5)
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by approved landscaping.
(6)
No more than 50 parking spaces shall be accommodated in any
single parking area.
(7)
All off-street parking shall be adequately lighted. All such
lighting shall be so arranged as to direct the light away from adjoining
residences or use approved nonglare fixtures.
(8)
All off-street parking areas and off-street loading areas shall
be graded and drained so as to dispose of all surface water without
erosion, flooding and other inconveniences.
(9)
Every building or structure used for commercial purposes shall
provide one off-street truck loading space for the first 10,000 square
feet or less of gross floor area, plus a minimum of one additional
off-street truck loading area for each additional 40,000 square feet
of gross floor area.
(10)
An off-street truck loading space shall have a minimum of 12
feet in width, a minimum of 50 feet in length and a minimum clear
height of 14 feet.
(11)
All parking areas shall be a minimum of 20 feet from all structures,
access roads and traffic arteries.
(g)
Street Lighting and Sign Standards.
(1)
All streets, parking areas, buildings and areas of high pedestrian
use shall be adequately lighted. This schematic lighting plan should
not irritate, distract and/or inconvenience the PRD residents or adjacent
property owners.
(2)
Outdoor signs shall be designed to be harmonious with the characteristics
of the PRD. The character, size and shape of all outdoor signs shall
be reviewed by the Board of Supervisors, or the Planning Commission,
if designated, at the time of request for final approval, which reserves
the rights to reject any or all outdoor signs.
(3)
All street lighting, signs and furniture shall be designed and
located so they do not interfere with the character and integrity
of the PRD.
(h)
Sanitary Sewage Disposal.
(1)
The PRD will be served by public or community sewage disposal
system.
(2)
The sanitary sewage system shall be designed and constructed
in accordance with all Pennsylvania Department of Environmental Protection
guidelines and standards that govern sewage disposal.
(3)
All residential and nonresidential buildings shall be serviced
by the public or community sewage disposal system.
(4)
All preliminary planning and engineering of the proposed sewage
system shall be submitted with the tentative development plan.
(5)
The Pennsylvania Department of Environmental Protection shall
approve the planning and engineering for all sewage disposal facilities
and techniques. This approval shall be submitted with the final plan.
(6)
The sewage disposal system shall be certified operational by
the Pennsylvania Department of Environmental Protection and all other
authorities before building permits are issued.
(7)
Suitable agreements shall be established for the operation and
maintenance of all sewage disposal components.
(i)
Water Supply.
(1)
The PRD will be serviced by a public or a community water system.
Where accessible, public water will be the primary source of supply
and community water will be an alternative to unaccessible public
water supplies.
(2)
All residential and nonresidential buildings shall be serviced
by public or community water.
(3)
All preliminary planning and engineering for the proposed water
supply system shall be submitted with the tentative development plan.
(4)
The Pennsylvania Department of Environmental Protection shall
approve the planning and engineering for the water supply system.
This approval shall be submitted with the final plan.
(5)
The water supply system shall provide a satisfactory supply
of water to each unit, with adequate main sizes, water supply and
pressure that will meet the specifications of the Township.
(6)
The developer of the PRD will substantiate that the water supply
system will provide adequate fire protection.
(7)
The water supply system shall be certified operational by the
Pennsylvania Department of Environmental Protection before occupancy
permits are issued.
(8)
Suitable agreements shall be established for the operation and
maintenance of all water supply components.
(j)
Solid Waste Management.
(1)
Exterior storage areas for refuse stations shall be properly
screened. All containers shall be air-tight, vermin-proof and have
adequate storage capacity to accommodate the projected volumes of
solid waste.
(2)
The PRD shall have a plan for the storage and removal of solid
waste. This plan shall be in accordance with all applicable Township
ordinances.
(k)
Storm Water Management.
(1)
The PRD shall have a plan for storm water management. This storm
water management plan shall be submitted with the tentative plan.
(l)
Erosion and Sediment Control.
(1)
The PRD shall have a plan for erosion and sediment control.
All plans shall comply with the rules, regulations and guidelines
as set forth by the Pennsylvania Department of Environmental Protection
under Title 25, Chapter 102.
(2)
The erosion and sediment control plans shall be approved by
the Pennsylvania Department of Environmental Protection and/or the
County Conservation District.
(m)
Landscaping and Tree Conservation.
(1)
Landscaping shall be regarded as an essential feature of every
PRD in order to enhance the appearance and marketability of housing,
for screening purposes, and for erosion and sediment control.
(3)
Conservation of existing trees is encouraged. The developer
should attempt to preserve the existing trees and incorporate them
into the overall concept of the PRD.
(5)
A generalized landscaping plan shall be required and submitted
with the tentative development plan. A detailed landscaping plan,
illustrating the spacing, sizes and specific types of landscaping
material, is required with the final development plan.
(n)
Natural Amenities and Environmental Considerations.
(1)
The PRD shall be designed to be congenial with all natural and
physical characteristics of the site. All natural features (Waterways,
topography and vegetation) should be preserved and incorporated into
the final landscaping of the PRD whenever possible and desirable.
(2)
No structure shall be constructed within 50 feet of the 100-year flood boundary; on soils that have been classified as hydric, alluvial and/or having a seasonable high water table; and on slopes exceeding 25% in grade (pre-development conditions). These areas have been classified, categorized and identified under Part 5 (Environmental Protection Overlay District Regulations) of this chapter.
(3)
The developer of the PRD shall be obligated to conduct the following
analysis:
(i)
Topographical Analysis. Identify slope areas over 25% in pre-development
conditions.
(ii)
Soil Analysis. Identify soils that are alluvial, hydric (high
water table), unsuitable for development, susceptible to erosion and/or
are associated with aquifer recharge.
(iii)
Hydrological Analysis. Identify the 100-year
flood boundary, wetlands, bodies of waters (streams, rivers, lakes)
and all natural drainage patterns.
(iv)
Geological Analysis. Identify sinkholes, karst formations, outcroppings,
shallow bedrock areas and/or aquifer recharge zones.
(v)
Geotechnical Analysis. Determine through core boring samples
the structural stability for development.
(vi)
Foliage Analysis. Identify and determine the characteristics,
aggregate and type of woodland and meadowland areas at pre- and post-development
conditions.
(4)
The Board of Supervisors, or the Planning Commission, if designated,
shall have the right to waive, add to or modify any of the above specifications
and requirements when the applicant can demonstrate that the modifications
are not applicable and will not be detrimental to the PRD.
(5)
Significant natural features shall be incorporated into the
overall schematic of the PRD as common open space areas whenever possible.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 192, 9/16/2002]
(a)
Requirements and Specifications.
(1)
A minimum of 50% of the gross area of the PRD shall be set aside
as common open space. No more than 50% of the common open space shall
be located on lands within the Environmental Protection Overlay District
(Part 5).
(2)
The common open space shall be planned as a contiguous area
located for maximum benefit for all residents of the PRD.
(3)
Significant natural features [§ 32-703(n)] shall be incorporated into the overall schematic of the PRD as common open space areas whenever possible.
(4)
A minimum of 25% of the common open space shall be available
for the development of active recreation facilities and every effort
shall be made to adhere to the Township Comprehensive Recreation Plan.
The utilization of the common open space shall correspond to the size
and character of the PRD.
(5)
The area devoted to common open space shall be comprised of
areas not less than 50 feet in width and shall not contain less than
one contiguous acre of land. In addition, there shall be at least
one designated common area within the PRD containing no less than
50% of the required open space.
(b)
Management and Maintenance.
(1)
The developer of the PRD shall make arrangements, provisions
and/or agreements to insure that the common open space shall continue
to be adequately managed and maintained.
(2)
The developer of the PRD shall have the following options for
ownership, management and maintenance of the common open space:
(i)
Retain ownership and responsibility for the management and maintenance;
or
(ii)
Dedicate the land to a homeowners association which is comprised
of all the residents of the PRD; or
(iii)
Dedicate the land to the Township. The Township
shall have the option to accept or refuse the land offered for dedication.
(3)
If the common open space is dedicated to a homeowners' association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the tentative
development plan. The provisions shall include, but not be limited
to, the following:
(i)
The homeowners association must be established before any lots
or units are sold.
(ii)
Membership shall be mandatory for each home buyer and any successive
buyer.
(iii)
The open space restrictions must be permanent.
(iv)
The association shall be responsible for the liability insurance,
taxes and maintenance of the open space and recreational facility.
(v)
The association shall employ an adequate staff to manage and
maintain the common open space.
(vi)
The homeowners shall pay their pro rata share of the cost; the
assessment levied by the association can become a lien on the property.
(vii)
The association shall adjust the assessment to
comply with additional and/or modified demands.
(viii)
The Township may supervise the operation, management
and maintenance of the common open space.
(4)
The common open space that is not dedicated to the Township
shall be guaranteed by a restrictive covenant describing the open
space, and its operation and maintenance shall be for the enjoyment
(passive or active) of the PRD residents and/or adjacent property
owners. The developer shall file an agreement stipulating restrictions
for the utilization of the common open space with the final development
plan.
(5)
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, but the Township need not require, as a condition of
the approval of the PRD, that land proposed to be set aside for common
open space be dedicated or made available to public use. The provisions
may require that the landowner provide for and establish an organization
for the ownership and maintenance of the common open space, and that
such organization shall not be dissolved nor shall it dispose of the
common open space, by sale or otherwise (except to an organization
conceived and established to own and maintain the common open space),
without first offering to dedicate the same to the public.
(6)
In the event that the organization established to own and maintain
common open 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.
(7)
If the deficiencies set forth in the original notice are not
corrected within said 30 days, or any 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.
(8)
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, and shall show cause why such maintenance by the Township shall
not, at the option of the Township, continue for the succeeding year.
If the Board of Supervisors, or its designated agency, 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 Board of Supervisors,
or its designated agency, shall determine that such organization is
not ready and able to maintain said common open space in a reasonable
condition, the Township may, in its discretion, continue to maintain
said common open space during the next succeeding year and, subject
to a similar hearing and determination, in each year thereafter.
(9)
The decision of the Board of Supervisors or its designated agency
shall be subject to appeal to court in the same manner, and within
the same time limitations, as is provided for zoning appeals by the
Act, as amended.
(10)
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
open space for the purpose of maintenance, shall file a notice of
lien in the Office of the Prothonotary of the county, upon the properties
affected by the lien within the PRD.
[Ord. No. 130, 12/9/1991]
(a)
General Requirements.
(1)
Physical improvements of the proposed PRD shall be provided, constructed and installed as shown on the final development plan. The improvements shall comply with all specifications regarding contracts and improvements guarantees of the Township Subdivision and Land Development Ordinance (see Chapter 27 of the Township Code of Ordinances).
(2)
All applicable Township ordinances and/or regulations that pertain
to improvements shall be enforced.
[Ord. No. 130, 12/9/1991]
(a)
Pre-application Conference.
(1)
The applicant shall convene informally with the Board of Supervisors,
or the Planning Commission, if designated at a regularly scheduled
meeting.
(2)
The applicant shall verbally expound all intentions for PRD.
(3)
The Board of Supervisors, or the Planning Commission, if designated,
shall apprise the applicant of local and municipal and state ordinances,
laws, procedures, fees and regulations that are applicable to PRD.
(b)
Application for Tentative Approval.
(2)
An application for tentative approval of the development plan
for a PRD shall be filed by or on behalf of the landowner.
(3)
The application for tentative approval shall be filed by the
landowners in such form, upon the payment of such a reasonable fee
and with such officials of the Township as shall be designated in
the provisions adopted pursuant to this section.
(4)
All planning, zoning and subdivision matters relating to the
planning, use and development of the PRD 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 Board of Supervisors, or the Planning Commission, if designated.
(5)
The provisions shall require only such information in the application
as is reasonably necessary to disclose to the Board of Supervisors,
or the Planning Commission, if designated:
(i)
The location, size and topography of the site and the nature
of the landowner's interest in the land proposed to be developed;
(ii)
The density of land use to be allocated to parts of the site
to be developed;
(iii)
The location and size of the common open space
and the form of organization proposed to own and maintain the common
open space;
(iv)
The use and the approximate height, bulk and location of buildings
and other structures;
(v)
The feasibility of proposals for water supply and the disposition
of sanitary waste and storm water;
(vi)
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;
(vii)
The provisions for parking of vehicles and the
location and width of proposed streets and public ways;
(viii)
The required modifications in the municipal
land use regulations otherwise applicable to the subject property;
(ix)
The feasibility of proposals for energy conservation and the
effective utilization of renewable energy sources; and
(x)
In the cases 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 PRD 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.
(6)
The application for tentative approval of a PRD shall include
a written statement by the landowner setting forth the reasons why,
in his opinion, a PRD would be in the public interest and would be
consistent with the Comprehensive Plan for the development of the
Township.
(7)
The application for and tentative and final approval of a development plan for a PRD prescribed in this section shall be in lieu of all other procedures or approvals otherwise required pursuant to the Township Subdivision and Land Development Ordinance (see Chapter 27 of the Township Code of Ordinances) and this chapter.
(c)
Public Hearing.
(1)
Within 60 days after the filing of an application for tentative approval of a PRD pursuant to § 32-706(b), a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors, or the Planning Commission, if designated, in the manner prescribed in Part 11 of this chapter.
(2)
The Board of Supervisors, or the Planning Commission, if designated,
may continue the hearing from time to time, and where applicable,
may refer the matter back to the Planning Commission for a report;
provided, however, that in any event, the public hearing or hearings
shall be concluded within 60 days after the date of the first public
hearing.
(3)
The Township may offer a mediation option as an aid in completing proceedings authorized by this section and by subsequent sections in this Part prior to final approval by the Board of Supervisors. In exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in Part 11 of this chapter.
(d)
The Findings.
(1)
The Board of Supervisors, or the Planning Commission, if designated,
within 60 days following the conclusions of the public hearing provided
for in this chapter, shall, by official written communication, to
the landowners, either:
(2)
Failure to so act within said period shall be deemed to be a
grant of tentative approval of the development plan as submitted.
In the event, however, that tentative approval is granted subject
to conditions, the landowners may, within 30 days after receiving
a copy of the official written communication of the Board of Supervisors,
notify such agency of his refusal to accept all of 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 landowner
does not notify the Board of Supervisors within said period, tentative
approval of the development plan, with all conditions, shall stand
as granted.
(3)
The grant or denial of tentative approval shall be in the form
of a written resolution which shall include findings of fact related
to the specific proposal and shall set forth the reasons of the grant,
with or without conditions, or for the denial, and shall set forth
particularly in what respects the development plan would or would
not be in the public interest, including but not limited to findings
of facts and conclusions on those matters as required in the Act,
as amended. A copy of the written resolution shall accompany the official
written communications to the landowner as provided under this section.
(e)
Status after Tentative Approval. Where tentative approval has been
granted, the same shall be noted on the Township Zoning Map and the
development plan shall have the status established by and be subject
to the provisions of Section 710 of the Act, as amended.
(f)
Application for Final Approval.
(1)
An application for final approval may be for all of 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 within the time or times specified by the
official written communication granting tentative approval. The application
shall include any drawings, specifications, covenants, easements,
performance bond or such other requirements as may be specified by
ordinance, as well as any conditions set forth in the official written
communication at the time of tentative approval. A public hearing
on an application for final approval of the development plan, or part
thereof, shall not be required provided the development plan, or the
part thereof, submitted for final approval, is in compliance with
the development plan theretofore given tentative approval and with
any specified conditions attached thereto.
(2)
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 grant
such final approval to the PRD, as required by the Act, as amended.
(3)
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the governing
body may refuse to grant final approval and shall, within the time
frame specified by the Act, as amended, 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.
In the event of such refusal, the landowner may either:
(i)
Refile his application for final approval without the variations
objected to; or
(ii)
File a written request with the approving body that it hold
a public hearing on his application for final approval.
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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 alternate 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 request for the hearing
is made by the landowner, 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 approving 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.
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(4)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the approving body and shall be filed of record forthwith in the Office of the Recorder of Deeds before the 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 specified, of said PRD 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 plan, the developer shall record the plan and post financial security (contracts and agreements) in accordance with the Township Subdivision and Land Development Ordinance (see Chapter 27 of the Township Code of Ordinances).
(5)
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 not notify the approving body in writing; or in the event the
landowner shall fail to commence and carry out the PRD in accordance
with the time provisions specified (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 for such amendments.
[Ord. No. 130, 12/9/1991]
(a)
Issuance of permits and all matters pertaining to administration
of the plan as finally approved shall be the responsibility of the
Township Zoning Officer.
(b)
Upon application of the landowner showing compliance with the requirements
of final approval, the Zoning Officer shall issue permits for construction
pursuant to the plan, or any section thereof.
(c)
The provisions of Part 11 (Administration and Enforcement) of this chapter shall be fully applicable to the plan as finally approved insofar as the provisions thereof are consistent with the provisions of this Part and the conditions of final approval. The Zoning Officer shall review the progress and status of construction of the plan and render monthly reports thereon to the Board in order to assure compliance with the provisions of this Part and the conditions of final approval.
(d)
A PRD shall be designed in accordance with the design standards and regulations of Part 7 and the Township Subdivision and Land Development Ordinance (see Chapter 27 of the Township Code of Ordinances) unless a waiver is granted or there is a conflict between them. In the case of a conflict, Part 7 of this chapter shall govern.
