The purpose of the PRD regulations 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 controls
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 of Robinson
Township and the open spaces within the Township.
[Amended 1-10-2022 by Ord. No. 01-2022]
PRD may be permitted in the R-1 and R-2 Zoning Districts in Robinson Township, subject to the restrictions, qualifications and requirements cited in this chapter, as enumerated herein below. Provisions of this chapter and Chapter 380, Subdivision and Land Development, 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. Mobile home parks may not be considered as a PRD and must meet the standards of applicable zoning and subdivision and land development provisions. 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The minimum land area for a PRD shall be the following:
[Amended 1-10-2022 by Ord. No. 01-2022]
B.
The applicant for a PRD plan approval shall show proof of legal title
or an executed binding sales agreement for the subject property.
C.
The project shall be in single, legal as well as equitable, ownership
prior to approval of the final development plan.
A.
An adequate supply of water shall be provided to all residential,
nonresidential, mixed-use, service, and accessory structures in a
proposed PRD. Where a public water supply system of satisfactory quantity,
quality, and pressure is available, connection shall be made thereto
and its supply shall be used exclusively. A PRD shall not be permitted
where a satisfactory public water supply system is not available.
Where a public supply of water is provided, fire hydrants shall be
installed as agreed upon by the Board of Supervisors and the agency
responsible for the water supply.
B.
An adequate and safe sewerage system shall be provided to all residential, nonresidential, mixed-use, service, and accessory structures in a PRD as defined by this chapter and Chapter 380, Subdivision and Land Development, as well as any other requirements of the federal and state government.
C.
The developer shall provide within the PRD a storm drainage system
which shall be of sufficient size and design to collect, carry off
and dispose of all predicable surface water runoff within the development
and shall be so construed as to conform with the statutes, ordinances
and regulations of the Commonwealth of Pennsylvania and the Township
of Robinson. The adequacy of said facilities shall be determined by
the Township Engineer.
D.
All PRDs shall be regulated to the local and regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission, Board of Supervisors, the Township Engineer 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 construction in PRDs shall conform to all standards of Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson, and any associated specifications.
The PRD provisions of this chapter shall first be administered
by the Robinson 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 and have final authority to approve,
modify or disapprove development plans.
[Amended 1-10-2022 by Ord. No. 01-2022]
A.
R-1 and R-2 Districts.
(1)
Permitted uses.
(a)
Land and buildings may be used for the following purposes:
[1]
Residential uses. Residential uses including detached, semidetached
(duplex), attached (townhouses, quadplexes) or multifamily (e.g.,
garden apartments, mid-rise apartments) structures, or any combination
thereof. In developing a balanced community, the use of a variety
of housing types shall be deemed most appropriate in keeping with
the intent of this part.
[2]
Nonresidential uses and mixed-use.
[a]
Nonresidential uses such as accessory commercial,
service, and other nonresidential uses may be permitted or required
where such uses are scaled primarily to serve the residents of the
PRD and the surrounding community. Because of the primarily residential
nature of a PRD, only those commercial uses compatible with reasonably
associated residential development shall be permitted, but not to
exceed 15% of land area. No industrial uses shall be permitted.
[b]
Accessory retail dining and service facilities
may be permitted by specific approval of the Board of Supervisors.
[c]
The proposed locations for nonresidential locations
in a PRD in this section must be approved by the Board of Supervisors.
[d]
Mixed-use structures may be permitted by specific
approval of the Board of Supervisors.
[3]
Home occupations. Home occupations pursuant to this chapter.
[4]
Licensed nursing homes or personal care homes, provided that
all lot yard height and coverage standards in the applicable district,
as well as any special conditions otherwise applicable to such structures
under this chapter, can be complied with. Such facilities shall not
exceed a ratio of one bed per each dwelling unit.
[5]
An elderly community which has a site area over 50 acres, houses
the elderly in individual dwelling units, has open space, recreation
and community facilities designed specifically to provide for special
needs of the elderly and includes integral facilities for extended
care for residents, provided that the health care facilities shall
have no more than one bed for every two dwelling units.
(b)
Customary accessory uses. Customary accessory uses, such as
private garages, parking areas for guests, garden and storage sheds,
pet shelters, signs, recreation community buildings and uses, churches,
schools, etc., may be permitted if appropriate to the overall development
of the Township.
(c)
No PRD shall be approved unless it is consistent with the purposes of the regulations as stated in § 420-501 of this article. 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 variety of housing types.
(2)
Density.
(a)
Residential density shall not exceed eight units per gross acre
of land in the R-1 and R-2 Districts. Buildable acres shall be determined
by determining total acreage less all land within the rights-of-way
of planned or exiting public streets or highways, or within the rights-of-way
of existing or proposed overhead utility lines, all land in designated
floodplain floodway, and all land in designated wetlands or open water,
and all land containing slopes greater than 25%. Buildable acres may
be decreased further if the following environmental conditions are
present in over 60% of the gross acreage:
(b)
The Township also 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.
(3)
Lot and structure requirements.
(a)
Lot size. There shall be no minimum lot size or lot width for residential structures in a PRD, provided the density requirements of § 420-505A(2)(a) are met.
(b)
Every dwelling shall have access to a public street, court,
walk or other area dedicated to public use.
(c)
Setback.
[1]
Minimum building setback on perimeter. In the R-1 and R-2 Districts
where a PRD is authorized, all structures shall be located at least
40 feet from the boundary of the PRD site. No accessory structure
and no off-street parking shall be located in this required perimeter
setback.
[2]
Internal setbacks and distance between buildings.
[a]
The minimum required front yard setback from a
public or private street for all dwelling types shall be 15 feet.
If individual lots are not proposed for fee simple ownership, there
shall be no other required setback internal to the PRD, provided that
where two or more principal residential buildings (regardless of dwelling
type) are proposed on the same lot, the minimum distance between the
buildings shall be 15 feet.
[b]
In the case of lots proposed for fee simple ownership,
all principal structures shall be set back a minimum of 15 feet from
a rear property line. Decks or other structures attached to the principal
building may encroach into the rear yard only if the rear yard lot
line adjoins common open space. Attached units shall have a zero side
yard along common walls. All other side yards shall be a minimum of
10 feet.
(d)
Maximum height: 45 feet (not to exceed 4 stories).
(e)
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.
(f)
The site shall be such a character as to avoid danger to health
or peril from fire, flood or other hazards.
A.
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 indicated herewith:
[Amended 1-10-2022 by Ord. No. 01-2022]
(a)
R-1 and R-2 Districts.
[1]
A maximum of 80% 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 abut and
primarily service residences or groups of residences.
[a]
A maximum of 15% of this 80% may be used for accessory
retail, dining and service facilities and parking associated with
these uses.
(2)
Open space uses may be any combination or single use listed
below:
[Amended 1-10-2022 by Ord. No. 01-2022]
(a)
R-1 and R-2 Districts:
[1]
Timber management and forestry.
[2]
Agriculture.
[3]
Equestrian activities by community residents.
[4]
Golf courses.
[5]
Scenic areas and vistas.
[6]
Fishing, hunting, wildlife observation, and similar outdoor
recreational pursuits.
[7]
Areas for conservation of unique natural and historic features.
[8]
Developed parklands.
[a]
Parks.
[b]
Parklets.
[c]
In addition to the residential uses permitted in
a PRD, recreation facilities designed for the use of the residents
of the PRD shall be permitted, including but not limited to hiking,
biking or exercise trails; tennis, paddle tennis, basketball, volleyball
or other playing courts, swimming pool and related facilities; community
building for meetings and social activities; picnic pavilions; other
active and passive recreational uses deemed appropriate to the proposed
residents of the PRD by the Board of Supervisors.
[9]
Unless devoted to agricultural or forest uses, these areas must
be operated and maintained by a land trust, government, homeowners'
association, or similar responsible body to ensure maintenance or
property management in perpetuity. If devoted to agriculture or private
forestry, means for appropriate permanent dedication or deed covenants
to prevent its development shall be required prior to approval.
(3)
Peripheral open space.
[Amended 1-10-2022 by Ord. No. 01-2022]
(a)
R-1 and R-2. Required setback areas from lot lines and road rights-of-way shall be maintained as permanent open space. This space shall surround the entire PRD. Developer must ensure that the peripheral open space remains undeveloped or utilized for agriculture/forest use in perpetuity. If the lands are to be used as parklands or golf courses, the developer shall submit a plan for a homeowners' association or similar management structure to assure maintenance in perpetuity. Unless devoted to agriculture, or containing natural vegetation of suitable size, this peripheral open space shall be planted with a buffer yard which shall meet minimum standards as contained in § 420-209, Industrial (I) District, of this chapter. The Township may require buffering between agricultural areas and other uses within the PRD.
(4)
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.
(5)
In cases where the Township will not be accepting dedications
of streets, recreation areas or open spaces to be used for general
recreation, the landowner shall provide for an organization or trust
for ownership and maintenance.
(6)
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 associated, to be submitted with the application for
the preliminary approval. If there is a homeowners' association under
the Uniform Planned Community Act,[1] the developer must file a declaration of rule 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 dwellings are sold.
(b)
Membership must be mandatory for each homebuyer 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. The assessment
levied by the association can become a lien on the property.
(f)
The association must be able to adjust the assessment to meet
changed needs.
(g)
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 require, as a condition of the approval
of a PRD, that land proposed to be set aside for common open space
be dedicated or made available to public use.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(7)
Maintenance by Township.
(a)
In the event that the organization established to own and maintain
open space, or any successor organization, shall at any time after
establishment of the PRD fail to maintain the open space 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 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 are not corrected within 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 open space from becoming a public
nuisance, may enter upon said open space and maintain the same for
a period of one year.
(b)
Maintenance by the Township shall not constitute a taking of
the open space, nor vest in the public any rights to use the same.
Before the expiration of one year, the Township shall, upon its initiative
or upon the request of the organization responsible for the maintenance
of the 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 open space in reasonable condition, the Township
shall cease to maintain said 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 following
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]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(c)
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 open space, and shall become a lien on said properties.
The Township at the time of entering upon the 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.
B.
Parking. Parking shall be provided as follows:
(1)
(2)
Nonresidential and mixed-use structures.
(a)
The minimum off-street parking shall be provided for each nonresidential use according to the standards required in § 420-406F.
(b)
The minimum off-street parking in mixed-use structures shall
be provided for each portion of the structure dedicated to residential
and nonresidential according to the standards required listed below:
[1]
Residential: § 420-506B(1).
C.
Circulation.
(1)
Vehicular access within the PRD shall be designed to permit
smooth traffic flow with minimum hazard to vehicular or pedestrian
traffic.
D.
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. The location
of trees shall be considered when planning the site elements such
as open space, buildings, 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 minimize excavation, earthmoving 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 and in any adjoining
district.
(6)
Within a PRD, all utilities including telephone, television
cable and electrical systems shall be installed underground whenever
possible; provided, however, appurtenances to these systems which
require on-grade installation must be effectively screened.
E.
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.
F.
Waste disposal. Adequate provision shall be provided for garbage
and trash removal.
A.
Following conditional use approval by the Township, the developer
shall obtain required approvals for PRDs by following a review process
which shall consist of a tentative development plan, public hearings
and approvals, and a final development plan.
B.
The Planning Commission shall review the initial submission and preliminary
development plan and make recommendations to the Board of Supervisors.
The Board of Supervisors shall hold public hearings and make a decision
on the final development plan.
C.
Initial submission.
(1)
Each applicant shall confer with the Robinson Township Planning
Commission at a scheduled monthly meeting.
(2)
A written statement of planning objectives to be achieved by
the developer shall be included in the initial application. The statement
shall include a description of the character of the proposed development
and the rationale behind the assumptions and choices made by the developer.
Every application shall be based on and interpreted in relation to
the community development goals and objectives for Robinson Township.
(3)
No formal requirement for plan or material submission is established
for the initial submission. However, the higher the level of data
the developer presents, such as sketch plans, land use concepts, density
ranges proposed, ancillary use proposals, site information, existing
perimeter conditions, access considerations and utility needs, the
more direction he will receive for guidance in preparing an acceptable
plan for local approval.
(4)
No final development plan shall be considered for formal Planning
Commission review until the preliminary development plan has been
filed.
D.
Preliminary development plan (application for tentative approval).
A preliminary development plan shall be presented in sufficient detail
to provide the Township Planning Commission with a major substantive
review of the proposed PRD. This step of approval process shall be
initiated by, or on behalf of, the developer, through the submission
of a formal application for tentative approval of a PRD to the Township
Planning Commission. The application shall be submitted no later than
14 days prior to the regular monthly meeting of the Planning Commission
at which the development plan is to be considered. The following documentation
shall be submitted in support of the application:
(1)
Written documents:
(a)
The title under which the PRD is to be recorded.
(b)
A legal description of the total site proposed for development
including a statement of present and proposed ownership, present and
proposed zoning, and the names and addresses of all owners of adjacent
property.
(c)
A statement of planning objectives as detailed under § 420-507C(2).
(d)
A statement of the developer's intentions with regard to the
future selling or leasing of all or portions of the PRD, such as land
areas, dwelling units, etc.
(e)
Quantitative data for the following: total number and type of
dwelling units; parcel size; proposed lot coverage of buildings and
structures; approximate gross and net residential densities; total
amount of open space, including a separate figure for usable open
space; total amount of nonresidential construction, including a separate
figure for commercial or institutional facilities; economic feasibility
studies or market analysis where necessary, and other studies as may
be designated by the Planning Commission.
(f)
The name and address of the owner of the subdivision or land
development, or of his agent, if any, and of the subdivider or developer.
(g)
The name and address of the engineer or surveyor, together with
his registration number and seal attached.
(2)
Site plan and supporting maps. A site plan at a scale no smaller
than one inch equals 100 feet (except where the total size of the
PRD dictates a smaller scale) and any maps necessary to show the major
details of the proposed PRD shall contain the following minimum information:
(a)
The existing site conditions including contours at a minimum
interval of two feet up to 10% slope and a minimum interval of five
feet for over 10% slope, watercourse, floodplains, unique natural
features, and forest cover and other natural vegetation considered
significant by the Planning Commission and the Township Engineer.
(b)
Proposed lot lines and plot designs. The plot and property lines
of the proposed plan to include their courses and distances and the
interior angles of their intersections with the boundary lines of
adjacent property.
(c)
The location and floor area of all existing and proposed buildings,
structures and other improvements, including maximum heights, types
of dwelling units by code, density per type, and nonresidential structures,
including commercial facilities. All structures shall be distinguished
and identified on the plan by code. Preliminary evaluations and/or
architectural renderings of typical structures and improvements shall
be provided. Such drawings shall be sufficient to relay the basic
architectural intent of the proposed improvements but should not be
encumbered with final detail at this stage.
(d)
The location and size in acres or square feet of all areas to
be conveyed, dedicated or reserved as common open spaces, public parks,
recreational areas, school sites and similar public and semipublic
uses. The form of organization proposed to own and maintain the open
space.
(e)
The existing and proposed circulation system of arterial, collector
and local streets including off-street parking areas, service areas,
loading areas and major points of access to public rights-of-way,
including major points of ingress and egress to the development. Notations
of proposed ownership, public or private, should be included where
appropriate. Detailed engineering drawings of cross sections and street
standards shall be handled in the final development plan stage.
(f)
The existing and proposed pedestrian circulation system, including
its interrelationship with the vehicular circulation system, including
proposed treatments of points of conflict.
(g)
The existing and proposed utility systems including sanitary
sewers, storm sewers and water, electric, gas and telephone lines.
(h)
A general landscape plan indicating the treatment of materials
used for private and common open space. The landscape plan should
be in general schematic form at this stage. A grading plan is not
required at this stage.
(i)
Enough information on land areas adjacent to the proposed PRD
to indicate the relationships between the proposed development and
existing and proposed adjacent areas, including land uses, zoning
classifications, densities, circulation systems, public facilities
and unique natural features of the landscape.
(j)
The proposed treatment of the perimeter of the PRD, including
materials and techniques used such as screens, fences and walls.
(k)
The substance of any covenants, grants, easements or other restrictions
to be imposed upon the use of lands or buildings in the development.
(l)
Any additional information as required by the Planning Commission
necessary to evaluate the character and impact of the proposed PRD.
(3)
Projected scheduling of phases. In the case of development plans
which call for development over a period of years, a schedule shall
be provided showing the proposed times within which applications for
final approval of all sections of the PRD are intended to be filed.
This schedule shall be reviewed annually with the Planning Commission
by the developer on the anniversary of the tentative approval, until
the development is completed and accepted. It shall be the obligation
of the developer to request said reviews, in writing, within the thirty-day
period prior to the anniversary date of the tentative approval. The
time period between grant of tentative approval and application for
final approval shall not be less than 90 days and, in the case of
developments to be carried out 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.
E.
Public hearings and approvals.
(1)
Within 60 days following the regular monthly meeting of the
Planning Commission at which the application for tentative approval
of a PRD is officially reviewed, a public hearing pursuant to public
notice on said application shall be held by the Board of Supervisors.
The Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses. All testimony by witnesses
at any hearing shall be given under oath and every party of record
at a hearing shall have the right to cross-examine adverse witnesses.
(2)
A verbatim record of the hearing shall be caused to be made
by the governing body whenever such records are requested by any party
to the proceedings; the cost of making and transcribing such a record
shall be borne by the party requesting it and the expense of copies
of such record shall be borne by those who wish to obtain such copies.
All exhibits accepted in evidence shall be identified and duly preserved
or, if not accepted in evidence, shall be properly identified and
the reason for the exclusion clearly noted in the record.
(3)
The Board of Supervisors may continue the hearing from time
to time; 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.
(4)
Approval or disapproval.
(a)
The Robinson Township Board of Supervisors, within 60 days following
the conclusion of the public hearing, shall, by official written communication
to the developer, 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 developer may, within 30 days after receiving a copy
of the official written communication of the Board of Supervisors,
notify such body of his refusal to accept all said conditions, in
which case, the Board of Supervisors shall be deemed to have denied
tentative approval of the development plan. In the event the developer
does not, within said period, notify the Board of Supervisors of his
refusal to accept all said conditions, tentative approval of the development
plan will all said conditions shall stand as granted.
(c)
The Board of Supervisors in its official written communication
to the developer, a copy of which shall be submitted to the Planning
Commission, shall indicate not only its decision but also findings
of fact resolving:
[1]
The extent to which the development plan is or is not consistent
with the Robinson Township Comprehensive Plan;
[2]
The extent to which the development plan departs from zoning
and the subdivision regulations otherwise applicable to the subject
property, and the reasons 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 development plan and proposals for maintenance and conservation
of the common open space;
[4]
The merits of the physical design including the manner in which
the design does or does not make adequate provisions for public service,
provide adequate control over vehicular traffic and furthers the amenities
of light and air, recreation and visual enjoyment;
[5]
The relationship, beneficial or adverse, of the proposed PRD
to the neighborhood in which it is proposed to be established; and
[6]
The adequacy of the terms and conditions governing the development
intended to protect the interests of the public and the residents
of the PRD if such development is carried out over a period of years.
(d)
The Secretary of Robinson Township shall certify two copies
of the official written communication. One copy shall be retained
by the Board of Supervisors and the other sent to the developer via
certified mail.
(e)
Tentative approval of a development plan, whether conditional
or unqualified, shall not qualify a plat of a PRD for recording nor
authorize development or the issuance of any building or construction
permits. Except for the terms specified by a tentative approval, a
tentative approval shall not be modified or revoked nor otherwise
impaired by action of the municipality pending the applications for
final approval provided that the applications for final approval are
filed no later than 90 days after the date of tentative approval.
(f)
The approval tentative plan shall be submitted to the Washington
County Planning Commission for review and comments.
(g)
In the event that the development plan is given tentative approval
and thereafter, but prior to final approval, the developer shall elect
to abandon said development plan and shall so notify the Secretary
of Robinson Township, in writing, or in the event the developer 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.
F.
Final development plan. After the preliminary development plan is
approved by the Planning Commission, the developer shall thereafter
submit detailed plans for any part or section of the land for which
he desires final approval. An application for final approval shall
be submitted to the Secretary of Robinson Township at least 20 days
prior to the regular Planning Commission meeting at which the application
is to be considered. The Planning Commission shall review the detailed
plans to determine if they comply with this section and with the overall
plan originally submitted by the developer and shall make recommendations
to the Board of Supervisors. No zoning or building permit shall be
issued until after approval by the Board of Supervisors of the detailed
plans for the section in which the proposed development is located.
Approval of any detailed plans shall lapse unless more that token
construction is started in this section within one year. No legal
or equitable conveyance of land or buildings within the development
may be made until the developer has complied with all applicable ordinances.
(1)
The application shall contain, for the areas for which final
approval is sought, all requirements of the proposed plan and the
written report necessary to obtain tentative approval and, in addition:
(a)
Construction documents for the building of streets, sidewalks,
parking areas, sanitary sewer lines, water lines, storm drainage systems,
erosion and sedimentation control facilities and recreation;
(b)
Letters from the public suppliers of water and sewage disposal
stating they will serve the development;
(c)
Certificate from either the Pennsylvania Department of Environmental
Protection of the Commonwealth of Pennsylvania or its successors or
the Washington County Conservation District stating that the erosion
and sedimentation control plan has been approved and that a permit
has been issued for earthmoving activity by the Department;
(d)
A certified performance bond, improvement bond or other security
acceptable to the benefit of the municipality in which the development
is located, the amount of bond equal to 110% of the estimated cost
for installation of all public improvements, such amount to be established
by the engineer designing the facilities in cooperation with the Township
Engineer. The Township Supervisor may require the posting of financial
security to secure the structural integrity of any improvement consistent
with standards authorized by the Pennsylvania Municipalities Planning
Code;[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(e)
Any covenants and rights of easement, in the form in which they
will be filed as legal documents, affecting developments; and
(f)
A written description indication changes made in the tentative
plan required to secure tentative approval.
(2)
In the event the application for final approval has been filed,
together with all drawings, specification and other documents in support
thereof, and as required by the official written communication of
tentative approval, the Board of Supervisors shall, within 45 days
of such filing, grant such development plan final approval.
(3)
The final development plan shall be deemed in substantial compliance
with the preliminary development plan, provided modification by the
applicant does not involve a change of any of the following:
(a)
Violate any provision of the MPC.
(b)
Vary the lot area requirement by more than 10% of the amount
specified on the approved preliminary development plan.
(c)
Increase the floor area proposed for nonresidential use by more
than 10% of the area specified on the approved preliminary development
plan.
(d)
Increase the total ground area covered by buildings by more
than 5% of the amount specified on the approved preliminary development
plan.
(4)
Minor changes in the location, proposed site, and height of
buildings and structures may be authorized by the Board of Supervisors
without additional public hearing if required by engineering or other
circumstances not foreseen at the time the preliminary plan was approved
and a positive recommendation received from the Planning Commission.
No change authorized by this subsection may cause any of the following:
(a)
A change in the use or character of the development.
(b)
An increase in overall coverage of structures.
(c)
An increase in the intensity of the use.
(d)
An increase in the problems of traffic circulation and public
utilities.
(e)
A reduction in approved open space.
(f)
A reduction of off-street parking and loading space.
(g)
A reduction in required pavement widths.
(5)
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Board of Supervisors
may refuse to grant final approval and shall, within 45 days from
the filing of the application for final approval, so advise the developer,
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.
(b)
If the developer 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 it the time for applying
for final approval shall have already passed at the time when the
developer was advised that the development plan was not in substantial
compliance. In the event the developer 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 developer, and the hearing shall be conducted in the
manner prescribed in this section for public hearings on the applications
for tentative approval. Within 30 after the conclusion of the hearing,
the Board of Supervisors shall by official written communication either
grant final approval to the development plan or deny final approval.
The grant or denial of final approval of the development plan, in
cases arising under this section, shall be in the form and contain
the findings required for an application for tentative approval.
(6)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed within 15 days after the grant of final approval in the office of the Washington County Recorder of Deeds; before any development plan or part thereof is so recorded, no construction shall commence on the project site. 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 within a reasonable time of said planned development or of that part thereof, as the case may be, that has been finally approved, no modifications of the provisions of said development plan or part thereof, as finally approved, shall be made except with the consent of the developer. Each structure in the development will require a separate building permit. Not later that the date on which the finally approved plan is recorded, the developer shall post with the Township the certified performance bond required by Subsection F(1)(d) above.
(7)
In the event that a development plan or a section thereof is
given final approval and thereafter the developer shall abandon such
plan or the section thereof that has been finally approved, and shall
so notify the Board of Supervisor in writing, or in the event the
developer shall fail to commence and carry out the planned development
within the schedule projected and approved in the application for
tentative approval, or such amendment as subsequently mutually agreed
to by the developer and the Board of Supervisors, no development or
further development shall take place on the property included in the
development plan until the property or portion not yet developed is
reclassified by enactment of an amendment to this chapter, placing
it in an appropriate zoning district.
(8)
If the sequence of construction of various portions of the development
is to occur in stages, then the open space and/or recreational facilities
shall be developed, or committed thereto, in proportion to the number
of dwelling units intended to be developed during any given stage
of construction as approved by the Board of Supervisors. Furthermore,
at no time during the construction of the project shall the number
of constructed dwelling units per acre of developed land exceed the
overall density per acre established by the approved final development
plan.
A.
After general construction commences, the Robinson Township Zoning
Officer shall review, at least once every six months, all building
permits issued and compare them to the overall development phasing
program. If he determines that the rate of construction of residential
units or nonresidential structures substantially differs from the
phasing program, he shall so notify the developer and the Board of
Supervisors, in writing. Thereafter, the Board of Supervisors may
issue such orders to the developer as it sees fit and, upon continued
violation of the subsection, may suspend the developer from further
construction of dwelling units or nonresidential structures until
compliance is achieved.
B.
Before any building permit may be issued in the planned development,
all agreements, contracts, deed restrictions and sureties shall be
in a form acceptable to the Township, all sureties required shall
be provided, and all payments due to the Township or its agents shall
be made.
C.
Financial security provided in the form of a performance bond shall
be provided by a corporate surety company licensed to do business
in the Commonwealth of Pennsylvania, although in specific cases other
forms of surety may be found to be acceptable to the Township.
D.
Financial security for continuing operation and maintenance of areas,
facilities and functions not to be a responsibility of the Township
or preferred at general Township expenses may take any form acceptable
to the Township, but shall include agreement that if operation and
maintenance of such areas, facilities and functions is not continued
as set forth in the final plan and report, the Township may, in addition
to the other remedies, operate and maintain such areas, facilities
and functions in the manner required in the final plan and report,
with costs assessed ratably against properties within the development
having right of use of such area, facilities and services and such
costs shall become a lien on said properties.
E.
Any decision of the Board of Township Supervisors in granting or
denying tentative or final approval of a PRD plan shall be subject
to appear to a court in the manner as provided for in the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The developer shall reimburse Robinson Township for all expenses
and disbursements incurred by it in connection with the application.
This shall include, but not be limited to, fees and expenses of planners,
professional engineers and/or registered surveyors, building inspectors,
electrical engineers, Township and community impact studies, legal
expertise, and such professional services as shall be deemed necessary
by the Robinson Township Planning Commission and the Board of Supervisors.
