The provisions of this article are enacted in order:
A.
To recognize the need to direct increasing urbanization to appropriate
locations in the Township;
B.
To accommodate for housing of all required forms at a scale and design
configuration which compliments the semi-rural, open character of
the Township;
C.
To encourage desirable innovations in residential and nonresidential
design which preserve and incorporate the agricultural, natural, scenic,
historic and open space resources of the Township;
D.
To provide uniform procedures which relate the type, design and layout
of a unified development to the particular physical characteristics
of site;
E.
To establish design provisions which allow for flexible lot layout
and more efficient use of land and open space than is afforded under
conventional zoning;
F.
To prolong the effective life of community services and facilities,
maintain fiscal solvency of the Township and protect property values
within the Township;
G.
To develop large tracts of land in accordance with Article XIV, Natural Resource Protections; and
H.
To further implement the goals and objectives of the Township's
Comprehensive Plan and the Open Space, Recreation and Environmental
Resources Plan.
The provisions of this article shall be interpreted in relation
to the goals and objectives of the Thornbury Township Comprehensive
Plan. Every development plan for approval of a PRD shall be based
and interpreted in relationship to the Comprehensive Plan. Specifically,
the development plan shall be designed to:
A.
Guide and encourage the future development of Thornbury Township
in accordance with Comprehensive Planning of land use and population
density that represents the most beneficial and convenient relationship
among the agricultural, residential, commercial and other areas within
the Township, having regard to their suitability for the various uses
appropriate to each of them and their potential for such uses;
B.
Minimize the grading or other alteration of the site, in order, among
other things, to prevent soil erosion and to conserve important vegetative
and scenic resources;
C.
Protect the character and the social and economic stability of the
Township and encourage orderly and beneficial growth;
D.
Protect and conserve the value of land and buildings throughout the
Township appropriate to the various uses proposed;
E.
Aid in bringing about the most beneficial relationship between land
use and the traffic circulation patterns throughout the Township,
having particular regard to the avoidance of congestion in the roads
and the provision of safe and convenient access appropriate to the
various land uses;
F.
Aid in providing a guide for public policy and action in the efficient
provision of public facilities and services, in the provision of safe
and proper sanitary sewage disposal;
The following conditions shall be satisfied prior to the consideration
of the Board of Supervisors on any application request for a PRD:
A.
The tract of land so developed shall be in single ownership or, in
the case of multiple ownership of the tract, the application shall
be filed jointly by all of the owners of the tract and, in any case,
it shall be agreed that the tract will be developed, within the time
limits specified by the Board, under a single direction and in the
manner approved;
B.
The tract shall be located entirely in the PRD District;
C.
Tract size.
(1)
A tract in the PRD District shall have a minimum contiguous
area of 100 acres. In the event that the minimum tract acreage in
the PRD District is not contiguous due to separation by one or more
public roads or public rights-of-way, such separation shall not preclude
development of the tracts as a PRD if they are developed in a unified
manner as a single PRD.
(2)
Those portions of the tract encumbered by land conservancy easements
or similar easements requiring the eased land to be maintained as
open space or parkland shall not be included in the tract area for
purposes of the calculation of density of dwellings.
D.
All PRDs shall have primary access onto a designated collector road;
E.
The tract shall be served by either an approved community or public
water and community or public sewer systems;
F.
Soil and subsoil conditions must be suitable for excavation and site
preparation and for on-site water systems, where applicable;
G.
Impact studies shall be developed in accordance with § 155-704 and made part of the application for tentative plan approval so that existing and possible negative impacts will be mitigated;
H.
The development will preserve and incorporate a limited visibility
of the proposed development into the proposed landscaping, to the
maximum extent possible, taking into consideration natural features
such as topographic conditions, ponds, streams, tree stands, shrubs
and other vegetation;
I.
The topography of the tract of land and its drainage shall be suitable
for the proposed development, with consideration given to preventing
soil erosion;
J.
All dwelling units shall have direct access to internal streets within
the proposed PRD; and
K.
The application shall provide a minimum of 40% open space.
In order to facilitate a comprehensive review of site suitability,
the following standards shall be applied to sites being considered
for a PRD except wherein 25 acres are developed for mobile homes,
wherein the mobile home ordinance standards shall apply:
A.
Modification of otherwise applicable standards.
(1)
The uniqueness of each proposal for PRD may require that the standards and specifications in the other parts of this chapter and/or Chapter 115, Subdivision and Land Development, may be subject to modification for such features as: the width and surfacing of the streets and highways; alleys; public utilities; curbs; gutters; sidewalks; pathways/trails; streetlights; public parks and playgrounds; school grounds; stormwater drainage; water supply and distribution; sanitary sewers and sewage collection and treatment; parking spaces and areas; and setbacks and separations of structures in relation to each other and property lines.
(2)
The Board of Supervisors may modify certain standards and specifications, provided that the modifications of such standards and specifications are: consistent with the public interest; consistent with the purpose and intent of this chapter; and that such modification represents the least change to the chapter. Where there is conflict between standards and specifications of this article and other ordinance provisions, the Board of Supervisors shall determine which ordinance provisions will prevail; and where not specifically modified by the Board of Supervisors, the provisions of the other parts of this chapter and Chapter 115, Subdivision and Land Development, shall fully apply to developments under this article.
B.
General tract considerations. In order to determine which areas of
a prospective tract are suitable for development and which areas should
remain in open space, a thorough analysis of the natural and man-made
resources of the site shall be mapped and described in a written report.
The Township shall require site design proposals to address the results
of these analyses in a way which will conserve natural resources.
The analysis shall include the following inventory:
(1)
Natural features such as lakes, streams, wetlands and wooded
slopes to be preserved and incorporated into the proposed landscaping
of the development plan to the maximum extent possible. The applicant
shall demonstrate the means whereby trees and other natural features
shall be protected during construction. The location of such trees
and other natural features must be considered when planning and designing
such features as: common open space, locations of buildings, underground
utilities and services, sidewalks, pathways, paved areas and finished
grade levels.
(2)
An analysis of the watershed in which the tract is located,
including site-specific analysis of water resources such as streams,
drainage swales, floodplain areas, wetlands and areas with high water
table soils. Water bodies shall be preserved in their natural state
and incorporated into the design of the development.
(3)
An analysis of rock formation characteristics underlying the
tract, including aquifers, areas of shallow soil and rock outcroppings
and areas which are unsuitable to serve as foundation materials.
(4)
An analysis of the terrain of the tract, including the mapping
of elevation in at least twenty-foot bands on a topographic elevation
map and the delineation of slope into the following categories: 0%
to 15%, 15% to 25% and over 25% slope. The mapping of slopes shall
be performed using a two-foot contour interval aerial or field-derived
topographic survey. All moderate and steep slopes shall be mapped.
However, restrictions on use of the slopes shall apply whenever three
or more consecutive two-foot contours (six cumulative feet or more)
are impacted. Slopes exceeding 25% shall be reserved in their natural
state. Seeding, sodding and other plantings shall be applied to stabilize
steep slopes and to enhance the appearance of open areas.
(5)
Where adequate surface drainage is not possible by grading alone,
a supplementary drainage system approved by the Township shall be
required.
C.
General design guidelines. The following guidelines shall apply:
(1)
All housing shall be designed with regard to the topography
and natural features of the site. All proposed building locations
shall be set back at least 10 feet from slopes in excess of 25%, floodplain
areas and wetlands. In addition, all proposed building locations shall
be free of high water table soil types and unstable geologic formations.
The effects of prevailing winds, seasonable temperature and hours
of sunlight on the physical layout and form of the proposed development
shall be demonstrated.
(2)
Variations in the building design shall be required to create
architectural interest in the layout and character of dwellings. Such
variations may be achieved, among other ways, through the design of
buildings to include such features as porches, courtyards or atrium
spaces formed by attached dwellings or multifamily buildings and arcade/foyer
spaces formed by nonresidential buildings.
(3)
All dwellings shall be designed to ensure natural light and
ventilation, while affording maximum privacy.
(4)
Access to vehicular parking and pedestrian walks shall be convenient
to dwellings without creating a nuisance or detracting from privacy
of residents. All dwellings shall be served by local streets.
(5)
The entire perimeter of the tract(s) to be developed shall include
a landscape buffer in accordance with this article. However, if the
Design Review Committee determines that sufficient existing vegetation
and/or topography buffer and screen views of the proposed development,
the buffer requirement may not be required. All proposed residential
principal structures shall be set back from the tract boundary a minimum
distance of 100 feet, and all proposed residential accessory structures
shall be set back at least 50 feet from the tract boundary, both of
which shall be measured from the adjacent property lines, or, in the
case of a street, alley, roadway or highway, from the ultimate right-of-way
lines.
(6)
Dwelling units and lots shall be clustered to minimize the disruption
of the site and to provide for an adequate open space design.
(7)
This article is intended to encourage good quality development
by taking into consideration the appearance of all elevations and
layouts of buildings and external spaces and materials used therein.
The Design Review Committee shall evaluate the quality of development
proposed and may make recommendations to the Board to improve such
quality.
(8)
Lots, buildings, roads and other structures shall be grouped
into clusters so as to create a sense of neighborhood. A sense of
neighborhood shall be achieved by incorporating the following features
into the development plan: a neighborhood center; parks, playgrounds
or other recreation facilities within a one-fourth-mile radius of
a group or cluster of dwellings; a street, sidewalk and pathway system
designed in an integrated manner and leading to and from the neighborhood
center; and parking on the side and rear of buildings in the neighborhood
center so as to create and promote pedestrian space between the building
façades and the street lines.
(a)
A sense of neighborhood may also be created by the design and
placement of dwellings and structures in the form of a traditional
neighborhood with: buildings 25 feet from the street line and detached
garages accessible from a rear service alley; front porches; street
trees; sidewalks on both sides of the street; and pathways leading
to parks and a neighborhood center.
(9)
Development shall be located on areas of the tract to minimize
the disruption of sensitive environmental features such as hedgerows,
woodlands, steep slope areas and water bodies. These features shall
be incorporated into the common open space to provide visual screening
between clusters. Clusters of lots shall be defined and separated
by common open space in order to allow direct access to open space
and recreational facilities. The common open space between clusters
shall have a minimum width of 100 feet. A minimum setback of 20 feet
from the exterior walls of all multiple-dwelling structures shall
be achieved in order to define the boundary of the common open space
close to proposed buildings.
(11)
Historic resources, as shown on the Thornbury Township Historic
Resources Map,[1] shall be protected and, when not proposed as a residence,
shall be preserved in a setting surrounded by open space. The applicant's
proposal for protection and preservation shall include provisions
for future ownership and maintenance approved by the Design Review
Committee.
[1]
Editor's Note: Said map is on file in the Township offices.
(12)
Eighty percent of the area of the minimum required lot size
shall be outside areas subject to floodplain management, wetlands,
steep slopes, and stormwater management basins. For purposes of this
regulation, the area of a stormwater basin shall be calculated by
measuring the area of the water surface within the basin projected
to exist at the level of the basin overflow. Every lot shall be free
of wetlands, floodplains and steep slopes. Whenever this subsection
conflicts with any other provision of this section, the stricter regulation
shall apply.
D.
Optional sketch plan review and discussion.
(1)
Although optional, the applicant is strongly urged to submit
a sketch plan for review and discussion with the Township.
(3)
The sketch plan shall include typical elevations of the proposed
buildings.
(4)
The sketch plan review and discussion process is intended to
provide the Thornbury Township Board of Supervisors, Planning Commission
and Design Review Committee with an opportunity to engage in a meaningful
analysis of design issues, alternatives and options.
(5)
Through the review and discussion of the sketch plan, the applicant
and the Township can explore conceptual design solutions for ingress/egress,
vehicular and pedestrian circulation, open space, recreational areas,
the use of developable areas, the relationship of developable areas
to one another, the location and form of the design to create a sense
of neighborhood and other matters.
The applicant shall be responsible for the preparation of the
following impact studies. These studies shall be submitted as part
of the application for tentative plan approval. This supporting data
shall be designed to assist the Township in the review of the proposal
and offer documentation on how negative impacts associated with the
project shall be minimized and mitigated.
A.
Traffic impact study. The applicant shall hire a Transportation Engineer/Traffic Consultant to prepare said study with the approval of the Township. The study shall follow current PennDOT guidelines for such studies and the methodology shall be subject to Thornbury Township review and approval. The study area shall include all intersections within 2,000 feet of the tract and any other major intersections as recommended by the Planning Commission. The study shall assess the impact of a proposed development on the highway network and Township roads, to identify traffic problems associated with the proposed development, to identify potential solutions and to present improvements to be incorporated into the project design. Mitigating measures shall include methods of maintaining the capacity of the road network within the study area. Mitigation measures shall be proposed to minimize adverse impacts, and the Board of Supervisors may condition any PRD Plan approval on such mitigation in accordance with § 155-714.
B.
Community impact study. The applicant shall submit an impact study
which will sufficiently assess the impact the development will have
on the Township and the level of public services. The study shall
address the manner in which identified negative impacts shall be mitigated
by the applicant to enable the Board of Supervisors to ascertain if
the proposed development is capable of being serviced by existing
public services and, further, to specify what efforts the applicant
has made to minimize the demand for services. The study shall analyze
the following services and facilities:
(1)
Fire protection. The impact the proposed development will have
on fire protection capability, including, but not limited to, municipal
water supply, pumping capacity and specialized equipment, shall be
analyzed. The applicant must adequately demonstrate what effect the
proposed development will have on these factors and its ability to
meet any specialized needs so that the development will not have any
impact on the public safety by adversely affecting the fire protection
capability available to the community.
(2)
Solid waste. A study to determine what amount of solid waste
will be generated as a result of the development shall be prepared.
The study shall identify what method will be used to dispose of the
solid waste and what effort will be directed toward recycling solid
waste.
(3)
Historical. A study shall be made that determines the location
of historic properties and structures both on and within 200 feet
of the site and the effect said development will have on these properties
and structures and what effort the developer will make to preserve
such historic properties and structures. All historic resources, as
shown on the Thornbury Township Historic Resources Map,[1] shall be preserved.
[1]
Editor's Note: Said map is on file in the Township offices.
(4)
Water. A study of the amount of water needed for domestic and
fire use shall be provided. The study shall indicate the location
of the source and anticipated pressure of proposed source of water.
The applicant shall pay for the cost of improvements to a public water
system if connection to said system is proposed.
(5)
School facilities. A study to determine the impact the development
will have on school enrollment within the West Chester Area School
District shall be provided. The study shall project the number of
school-aged children to be generated by the development. Calculations
shall be made for each dwelling type proposed and shall utilize demographics
of the U.S. Census, the Township Comprehensive Plan and/or other available
sources.
(6)
Fiscal impact. The applicant shall submit a report which identifies
the fiscal consequences of the proposed PRD. The report shall be prepared
by a qualified professional and shall address:
(a)
The economic and fiscal characteristics related to the proposed
development, including a profile of the Township, county and school
district revenues which the proposal may generate and the Township,
county and school district costs it may create. Such information shall
be related to initial, phased and completed development conditions.
(b)
The extent to which the development can be expected to be or
not to be detrimental to the Township for annual and capital budgeting
purposes.
(c)
The ability or inability of the development to make adequate
provision for educational, recreational and other essential community
facilities which will be required as a result of the development.
Other essential community facilities shall include a day-care center
and other civic amenities as part of the neighborhood center.
C.
Environmental impact study. The applicant shall submit a report which
identifies the environmental consequences of the proposed PRD and
the measures proposed to mitigate environmental impacts. Said study
shall be prepared by a licensed engineer, architect, landscape architect
or a certified land planner. Particular emphasis shall be placed on
the effects of the proposed project on the site and abutting properties.
The study shall consist of text, tables, mapping and photography designed
to illustrate how environmental resources will be conserved and/or
protected. The study shall include, as a minimum, the following components:
(1)
Site analysis plan. A composite map shall be prepared which
depicts natural and man-made features of the site. Said plan shall
be displayed at a scale of not greater than one inch equals 100 feet.
The plan shall, as a minimum, identify and analyze the following features:
(a)
Topographic conditions of the site depicted by existing contours at vertical intervals of two feet based on information derived from either actual field survey or aerial topographic interpretation, consistent with National Mapping Accuracy Standards. Slope shall be accurately depicted through the use of shading between contour intervals for slope between 15% and 25% and for slope equal to or exceeding 25%. Datum, which elevations refer to, shall be identified. Points of highest elevation, including hilltops and ridgelines, shall also be clearly noted. [Refer to § 155-703B(4) for mapping criteria.]
(b)
All existing watercourses and water bodies, including such features
as ponds, creeks and intermittent streams, shall be identified.
(c)
The actual limits of the floodplain and wetlands shall be accurately
presented on the plan. Both floodplain and wetland limits shall be
based on actual field survey and include the limits of hydric soil
conditions and the designated one-hundred-year flood hazard area as
defined by the Flood Hazard Map of FEMA. Wetland areas shall be based
upon the criteria of the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection and include all hydric soil
areas.
(d)
All soils on the tract, depicted by the limits of soil series
as identified by the Soil Survey for Chester and Delaware Counties,
by the USDA Soil Conservation Service. A table listing the soil characteristics
pertaining to slope, depth to water table, depth to bedrock and septic
tank limitations shall be included.
(e)
The location of all tree masses, hedgerows and individual trees
shall be shown as part of the topographic survey plan for the property.
The predominant type of all trees shall be noted, along with any plants
or natural areas as identified in the 1994 "Natural Areas Inventory
for Chester County, Pennsylvania."
(f)
The limits of all existing streets, utilities, pipelines and
associated rights-of-way or easements shall be identified.
(g)
The limits of each geologic formation or rock type on the tract
shall be plotted. The location and type of rock outcroppings shall
be identified.
(h)
The location of all buildings and structures, including ruins
and remnants. Structures of historic and archaeological significance
shall be documented. Such resources shall include those listed on
the National Register of Historic Places, the Pennsylvania Inventory
of Historic Places and the Chester County Historic Site Survey.
(i)
An analysis of access to the site, including the identification
of existing accesses and optimum points of access in terms of sight
distance, intersection alignment, turning movement conditions and
other important factors.
(2)
Site character and current conditions. A combination of narrative and series of photographs depicting the general character of the site as viewed from ground level and from an aerial photographic base. Key aspects of the site analysis study in § 155-704C(1) shall be addressed, including woodlands, hedgerows, fields, primary views into the tract, water bodies and streams, significant views and the like.
(3)
Land use conditions. A narrative shall be prepared which defines
current and past land use activities of the site. Current land uses
and the location of buildings and structures, including the distance
each is set back from the tract boundaries.
(4)
Historic and archaeological resource protection. Methods of
conserving and protecting the resources identified in the site analysis
plan shall be described through a combination of narrative and maps.
(5)
Visual resource protection. Methods of preserving the visual
resources associated with the tract shall be described, including
vistas, ridgelines, hilltops and stream valleys which can be seen
from public streets. Preservation methods shall include conservation
of existing features, landscaping, berming, the use of buffers and
creative building setbacks through the placement of buildings and
structures in less visually prominent locations.
(6)
Adverse effects of the project. The study shall identify adverse
impacts which cannot be precluded through design alterations. The
narrative shall identify whether the impact poses an immediate or
indirect impact on a particular resource or characteristic of the
site.
(7)
Mitigating measures. The study shall identify and depict measures which will mitigate the impacts identified in § 155-704C(6). The narrative shall identify measures that are required by existing standards and those which are unique to the proposed project. All adverse impacts shall be mitigated. All mitigation measures shall be clearly depicted on a separate plan sheet to be entitled "Impact Mitigation Plan."
D.
The Board of Supervisors may require additional specific information
and analysis as it deems necessary to adequately assess traffic impacts,
community impacts, environmental impacts and fiscal impacts and to
prescribe mitigation measures.
The uses permitted in a PRD shall be limited to:
A.
A combination of dwelling units in single-family detached, two-family or multifamily detached, semidetached and attached when in accordance with the provisions of § 155-707;
B.
Those nonresidential uses deemed to be appropriate for the incorporation
in the design of the PRD, including, but not limited to, a neighborhood
center, community facilities, day-care centers, agricultural facilities
and uses and recreational facilities;
C.
Accessory uses customarily incidental to the foregoing uses; and
D.
Use of common open space areas.
(1)
Common space areas may include:
(a)
Agriculture, including cultivation of the soil; raising and
harvesting of products of the soil, including nurserying, horticulture
and forestry; or any other agricultural use which the Board of Supervisors
deems appropriate for incorporation within PRD.
(b)
Natural areas, including, but not limited to, woodland, meadow,
wetlands, streams, boundary buffer or similar conservation-oriented
area.
(c)
Lawn: a grass area with or without trees which may be used by
the residents for a variety or purposes and which shall be mowed regularly
to ensure a neat and tidy appearance.
(d)
Outdoor recreation area, either active or passive.
(e)
Sewage disposal system involving land application and groundwater
recharge, but excluding buildings and other aboveground structures
associated with such facilities.
(f)
Historic resources.
(2)
Common open space areas shall not include:
A.
Base residential density. The Board of Supervisors may permit a PRD application to include a greater number of dwelling units per acre than would be permitted by the zoning regulations otherwise applicable to the site. Such density increase shall be contingent upon the applicant successfully meeting the requirements of this chapter. The maximum base density computed over the developable area of the PRD shall not exceed 3.0 dwellings per acre, except for those areas of the tract developed for mobile homes, wherein Article X, MHP - Mobile Home Park Overlay District, shall apply.
B.
Maximum achievable density. The Board of Supervisors may permit a
further increase in density, provided that the total density shall
not exceed 4.0 dwellings per acre of developable area. The maximum
density permitted under this section may not necessarily be achievable
due to natural constraints and configurations of the site. To qualify
for an increase in density, the applicant shall satisfy the following
conditions:
(1)
Common open space is increased to a minimum of 50%.
(2)
Active recreation facilities, as recommended by the Design Review
Committee and deemed appropriate by the Board of Supervisors, are
incorporated into the project design.
(3)
Watercourses, wetlands, trees of 12 inches DBH or greater remain
undisturbed in their natural state.
(4)
The preservation of agricultural uses and prime agricultural
soils as defined by the USDA Soil Conservation Service.
(5)
All buildings located along the tract perimeter are screened
from view along public roads through the use of landscaping and earthen
berms which, when combined, total a minimum of 12 feet in height,
unless the Design Review Committee determines that the perimeter is
sufficiently screened by existing vegetation and topography.
(6)
The applicant pays for the installation of off-site road improvements
required as a direct result of the project and provide an equitable
share of the cost of those off-site road improvements where it is
documented that the project will generate a portion of the improvement
need as identified in the traffic impact study.
C.
Commercial use. Retail and office facilities shall be permitted only
under the following conditions:
(1)
The application shall propose a minimum of 100 dwelling units;
(2)
A minimum of 25% of the proposed dwelling units shall be constructed
and ready for occupancy prior to the commencement of constructing
any retail and office facility;
(3)
The maximum land area reserved for commercial use shall not
exceed 5% of the total tract area, and any such use shall be located
in the neighborhood center(s);
(4)
The area planned for commercial use shall be integrated into
the neighborhood center of the PRD design in terms of lot layout,
building design, environmental conditions and internal pedestrian
and vehicular access;
(5)
The amount of permitted retail floor area shall be computed
by allotting 250 square feet of gross floor area per each dwelling
unit proposed. No more than 10% of the total dwelling units proposed
may be used in determining maximum floor space; and
(6)
A minimum of 40% of the land area devoted to commercial use
shall remain as a landscaped area. Such landscaped area shall be designed
to be contiguous to the proposed open space to the maximum extent
possible, in order to promote pedestrian linkages from the commercial
area to the immediate neighborhood(s) that it serves.
D.
Phased development. The application for PRD shall designate divisible
geographic sections of the proposal which are to be developed in phases.
Such designation shall include the following:
(1)
The number, type and density of the proposed uses. The net density
phase may differ from phase to phase, provided that the overall gross
density of the proposal complies with the terms of this article. Such
deviation shall not exceed 10 dwelling units per acre in any given
phase. Further, no less than 15% of the total number of proposed units
shall be included in any phase.
(2)
The timing of development. The applicant shall submit a construction
schedule which will indicate when each phase will be constructed.
Such schedule shall include the number of units, the length of road,
sewer and water facilities and lines, stormwater management devices
and open space areas to be included in each phase.
(3)
The minimum required percentage of open space (as per § 155-709) shall be achieved/proposed for each individual phase of the development.
(4)
A master plan shall be submitted with or before submission of
the final plan for each phase of the PRD. The master plan shall be
produced at a scale of one inch equals 100 feet. The master plan shall
be the first one or two sheets of the plan set, at the time of filing
for approval of any phase thereof, and it shall reflect or be revised
to reflect any changes made to the plan in all prior phases of final
approval as an as-built condition and any changes to the overall contemplated
layout for the entire development.
(5)
Each phase of the final PRD plan shall show all easements for
stormwater drainage that are required on any area of the site outside
of the phase under consideration, and easements for such drainage
shall be required as a condition of final approval of that phase,
if required.
(6)
The required typical elevations of all building types shall
be submitted at the time of submission of plans for each phase of
PRD plan approval.
(7)
The construction period for the entire development and commencement
date for each section thereof may be modified from time to time by
the Board of Supervisors upon the showing of good cause by the applicant.
(8)
The applicant shall establish a declaration of covenants, easements and other restrictions and shall furnish such performance bond or bonds in place of or in addition to those required by Chapter 115, Subdivision and Land Development. Such bonding shall be required to ensure completion of streets, utilities, community and recreation facilities and other on-site or off-site improvements in accordance with the plan to protect the public interest in the event of abandonment of said plan before completion.
A PRD shall comply with the following dwelling unit combination
to ensure a variety of housing types:
A.
A minimum of 30% single-family;
B.
A minimum of 5% two-family;
C.
A minimum of 20% multifamily;
D.
The remainder of the housing units shall be left to the discretion
of the developer, except that single-family dwellings shall comprise
no more than 75% of the total number of housing units; and
E.
At the discretion of the Board of Supervisors, dwelling unit combinations
may be modified upon the showing of good cause by the applicant.
The following area and bulk requirements shall apply to all
residential uses permitted within a PRD:
A.
Single-family.
(1)
Base minimum lot size: 10,000 square feet.
(2)
Bonus minimum lot size: 8,000 square feet.
(4)
Minimum front yard depth: 25 feet.
(5)
Minimum side yard: 10 feet.
(6)
Minimum rear yard depth: 30 feet.
(7)
Base maximum building coverage: 30%.
(8)
Bonus maximum building coverage: 35%.
(9)
Base maximum lot coverage (total): 40%.
(10)
Bonus maximum lot coverage (total): 50%.
(11)
Maximum building height: 35 feet.
B.
Two-family (twin and duplex).
(1)
Base minimum lot size per dwelling unit: 5,000 square feet.
(2)
Bonus minimum lot size per dwelling unit: 4,000 square feet.
(4)
Minimum front yard depth: 25 feet.
(5)
Minimum side yard: 10 feet.
(6)
Minimum rear yard depth: 30 feet.
(7)
Base maximum building coverage: 30%.
(8)
Bonus maximum building coverage: 35%.
(9)
Base maximum lot coverage (total): 40%.
(10)
Bonus maximum lot coverage (total): 50%.
(11)
Maximum building height: 35 feet.
C.
Multifamily.
(1)
Base minimum allowable lot area to be reserved for each dwelling
unit, exclusive of common parking and street areas: 4,000 square feet.
(2)
Bonus minimum allowable lot area to be reserved for each dwelling
unit, exclusive of common parking and street areas: 3,000 square feet.
(3)
Minimum distance between buildings: 50 feet.
(4)
Minimum setback from common parking: 20 feet.
(5)
Base maximum building coverage: 25%.
(6)
Bonus maximum building coverage: 30%.
(7)
Base maximum lot coverage: 40%.
(8)
Bonus maximum lot coverage: 50%.
(9)
Maximum building height: 35 feet.
(10)
Maximum building length: 160 feet.
(11)
Minimum setback from common open space: 20 feet.
(13)
Maximum number of dwelling units per building: 12 units.
A.
Area calculation standards.
(1)
A minimum of 40% of the site shall be set aside for common open
space.
(2)
When providing the minimum amount of open space as required by § 155-709, no more than 50% of its land area shall be comprised of floodplain, wetlands and slopes in excess of 25%.
(3)
Land areas designated for commercial, infrastructure and utilities, stormwater management facilities, wells, streets, internal drives, parking areas, as well as those features described in § 155-705D(2), shall not be included in the calculation for minimum open space. Included in the calculation of minimum open space may be a sewage disposal system involving land application and groundwater recharge, but excluding buildings and other aboveground structures associated with such system.
B.
Design and location standards. In addition to the standards of §§ 155-703, through 155-706 and § 155-710, the following shall apply:
(1)
Open space shall be planned in accordance with the best principles
of site design in order to be sensitive to the physical characteristics
of the site. Open space shall be available to all residents of the
PRD and shall be designed to provide direct access from all dwelling
units.
(2)
A minimum of 20% of the area designated for common open space
shall have environmental characteristics which make it suitable for
supporting active recreation in the form of playfields (soccer fields,
baseball fields), courts (tennis, basketball), swimming pools and
the like.
(3)
A minimum of 30% of the designated open space area shall remain
undisturbed in its natural state or designated for agricultural use.
This may include floodplain areas and slopes in excess of 25%; provided,
however, that no more than 50% of such undisturbed/natural/agricultural
open space shall be floodplain areas and/or slopes in excess of 25%,
either individually or cumulatively.
(4)
Land designated as open space shall not be a collection of scattered
and narrow strips, but shall create a network of meaningful open space
resources. Common open space areas shall not be less than two acres
in area, except that the open space areas within a neighborhood center
may be 1/2 acre in size.
(5)
Open space areas shall contain only those structures relating
to the designated purpose for which the land has been reserved.
(6)
All land set aside for open space shall be deed-restricted from
further subdivision or land development.
(7)
All alluvial, floodplain and/or hydric soils as delineated in accordance with § 155-704C(1)(c) shall be preserved into permanent open space.
(8)
A declaration of covenants, easements and restrictions shall
be required to limit excavation, earthmoving procedures and other
changes to the landscape in order to ensure preservation of the areas
to be retained as open space.
(9)
The provisions for the placement and forms of open space shall
be consistent with the Open Space, Recreation and Environmental Resources
Plan.
C.
Maintenance of open space.
(1)
The applicant of every PRD shall prepare and present at the
time of submission of the tentative development plan for the approval
of the Board of Supervisors documents creating and governing a property
owner's organization and containing the declarations of covenants,
restrictions, easements, charges and liens deemed necessary to own
and maintain the common open space and recreation areas within the
PRD.
(2)
Areas to be preserved in common open space shall be held either
individually or collectively using the following methods of ownership:
(a)
Homeowners' association. The common open space areas and their facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated in accordance with the provisions of § 155-709C(3).
(c)
Fee simple dedication to the Township. The Board of Supervisors
may consider for dedication open space lands and their facilities
for public use at the time of application for PRD approval. The Township
has neither the obligation to accept such property nor the need to
require common property be dedicated as a condition for approval.
(d)
Dedication of easements. Easements within common areas along
such unique natural features as water bodies may be offered for dedication
to the Township for public use or to a private conservancy. Title
to such lands remains in ownership by homeowners' association
or condominium agreement.
(e)
Lease-back option. To encourage the retention of agricultural lands, the Township, homeowners' association or the condominium agreement may permit all or portion of the open space lands to be leased back to a farmer. Approval of the lease-back option shall be conditioned on appropriate agreements between the title holder and the farmer concerning permitted farming practices and use of land in the event that farming practices cease in addition to the requirements of § 155-710C(3).
(3)
In addition to the foregoing, these documents shall contain
the following minimum essential provisions with respect to such organization:
(a)
Powers and duties in maintaining and administering open space,
recreational and community facilities and supplementary project facilities
like light fixtures, refuse stations, shopping areas, etc.; in administering
and enforcing all covenants and restrictions and in the levying, collecting
and disbursing of assessments and charges.
(b)
Membership and voting rights.
(c)
Rights and duties of the Township of Thornbury, members of the
organization and residents of the PRD in the event of a breach of
the covenants and restrictions.
(d)
If such organization is abandoned or abolished or if such organization
desires to dispose of the common open space and recreation areas,
said open space recreation areas shall be first offered to dedication
to the Township of Thornbury at no cost to the Township before it
is otherwise disposed of. The Township may refuse to accept such dedication
and elect, as provided in the next subsection, to maintain the open
space, with all costs of such maintenance being paid ratably by the
residents of the development.
(e)
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 plan, the
Board may proceed as provided in Section 705(f)(2) of the Act[2] to demand that the deficiencies of maintenance be corrected
or that the Township will enter upon and maintain common open space.
[1]
The Township may continue to maintain such open space, as further
provided in that section of the Act, until an organization is established
by the residents of the PRD which the Board of Supervisors finds is
ready and able to maintain such common open space. Notice to affected
property owners in accordance with the provisions of the plan as required
above shall be deemed to be adequate by the Township. 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 Chester County upon the properties affected
by the lien within the PRD.
[2]
Editor's Note: See 53 P.S. § 10705(f)(2) of the
Municipalities Planning Code.
A.
Streets.
(1)
Types. The street system shall be related in design and type to the uses served by them and to the streets with which they intersect, and shall be identified on the plan as collector streets, secondary streets, minor streets and service alleys. The definitions of the types of such streets specified in § 115-6 of Chapter 115, Subdivision and Land Development, shall apply, except to the extent inconsistent with the requirements of this section. Service alleys, when incorporated in the design and layout of the street system, are defined as passageways providing secondary vehicular access to the rear of dwellings.
(2)
Widths.
(a)
All entrances to the proposed development and through streets within the development shall be designed as collector streets. Collector streets must have a minimum right-of-way of 60 feet and a cartway width of 28 feet. Collector streets shall be designed for all types of vehicles and through traffic. Pedestrian crossovers shall be limited to a minimum of controlled points, and segregated pedestrian underpasses shall be encouraged. Length of collector streets is unlimited, the maximum grade is 8% and the minimum grade is 1%, with other technical requirements conforming to the policies of the Township and design standards of Chapter 115, Subdivision and Land Development.
(b)
When the PRD is not provided with two principal entrance and
exit collector streets to existing public roads, the collector street
providing the principal means of ingress and egress to the development
shall be provided with a boulevard entrance extending to the first
intersecting street within the development, which shall be not less
than 200 feet from the existing intersecting road. The boulevard shall
have a paved cartway surface of 16 feet for ingress and a paved cartway
surface of 16 feet for egress, separated by a raised planting bed
having a minimum width of 10 feet.
(c)
All internal roads accessing directly onto a collector road
shall be designed as secondary streets. Secondary streets must have
a minimum right-of-way of 50 feet and a cartway width of 24 feet.
They shall serve primarily private and service vehicles; through traffic
is discouraged. Pedestrian crosswalks shall be designated. Intersections
with collector roads should be T-shaped. A maximum grade of 8% shall
be maintained.
(d)
Minor streets must have a minimum right-of-way of 50 feet and
a twenty-four-foot cartway width. The maximum grade shall be 8%. The
minimum grade of secondary and minor streets shall not be less than
1%.
(e)
Service alleys must have a minimum paved cartway and right-of-way
of 18 feet for two-way access and 12 feet for one-way access. The
maximum and minimum grades shall be as required for minor streets.
(3)
Vertical curves. For all streets, vertical curves shall be used
in all changes of grading exceeding 1% and must be designed for maximum
visibility. A 1% grade per 25 feet of cartway shall be the maximum
allowance.
(4)
Culs-de-sac; dead-end streets.
(a)
Cul-de-sac. A cul-de-sac street may be used only when designed
and constructed as a minor street providing access to not more than
25 dwelling units. A cul-de-sac street shall have a minimum length
of 250 feet and a maximum length of 1,000 feet and shall be provided
at the closed end with a paved turnaround having a minimum radius
to the outer pavement edge of 50 feet and a corresponding right-of-way
having a minimum radius of 60 feet within the turnaround areas.
(b)
Dead-end street. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, if approved by the Board, or when approved as cul-de-sac. Dead-end streets shall be designed and constructed with a paved turnaround having a paved radius of not less than 25 feet. Should the Board determine that development of adjoining property is not imminent, the Board shall require that a permanent curbed cul-de-sac complying with the minimum standard of this § 155-710A(4)(a) be constructed.
(5)
All streets and parking areas shall have curbs. The type of
curb shall be approved by the Board of Supervisors upon the recommendation
of the Township Engineer.
(6)
Sidewalks, pathways and bridle, bicycle and hiking trails.
(a)
Collector streets shall have four-foot-wide paved sidewalks
at least two feet from the curb. A sidewalk must be provided on both
sides of a secondary or minor street. Sidewalks and pedestrian ways
shall supplement and complement street systems in establishing the
character of a residential neighborhood environment.
(b)
Pedestrian circulation systems must be provided as convenient,
safe and attractive links between residential groupings, open space
areas, recreation areas, schools, local shopping facilities and the
neighborhood center. Sidewalks shall be provided in all multifamily
residential areas at a minimum width of four feet. All pedestrian
accessways shall be in compliance with the Americans with Disabilities
Act (ADA). Bridle, bicycle and hiking trails also shall be provided.
An overall pedestrian circulation system shall be proposed to form
a looped system throughout the development. However, the maximum grade
for any pedestrian path shall be 12 to 1.
B.
Off-street parking.
(1)
There shall be a minimum of 2.5 off-street parking spaces measuring
nine feet by 18 feet for each townhouse dwelling unit with aisles
at least 20 feet wide. For other residential types, there shall be
a minimum of two off-street parking spaces. Driveways and garages
can be substituted for parking space requirements, provided that the
minimum area is provided. Detached garages accessible from a rear
service lane or alley are encouraged to save the frontage appearance
of the dwellings from the suburban garage door appearance and to promote
the sense of neighborhood for the PRD.
(2)
There shall be one off-street parking space measuring nine feet
by 18 feet for each 250 square feet of shopping or office space with
the requirements specified generally for parking areas herein.
(3)
Parking areas shall be arranged in the neighborhood center to
be on the side and rear of buildings in order to promote a pedestrian-oriented
streetscape.
(4)
Parking areas shall be screened from adjacent collector streets
with the use of hedges, dense planting, earth berms, changes in grade
or decorative walls. All parking lots shall be a minimum of 20 feet
from all structures, buildings, access drives and/or streets.
(5)
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by an approved landscaping island which
shall be a minimum of nine feet in width and 18 feet in depth.
(6)
No more than 60 parking spaces shall be accommodated in any
single parking lot. Where the proposed development contains 50% or
more of multifamily dwelling units, the Board may require that at
least 15% of the overall parking be provided with garages.
(7)
All common off-street parking areas shall be adequately illuminated.
All such lighting shall be so arranged as to direct the light away
from adjoining residences and shall be shielded.
(8)
All common off-street parking areas and off-street loading (i.e.,
elevated docks or other areas where merchandise is loaded onto vehicles)
areas shall be graded and drained so as to manage all surface water
without soil erosion or flooding. Any drainage toward buildings shall
be collected through a subsurface system of piping.
(9)
All storage for other than private automobiles shall be structurally
enclosed or permanently screened from view, including, but not limited
to, boats, camping trailers and similar vehicles.
C.
Landscaping, screening and tree replacement.
(1)
Landscaping shall be an essential feature of every PRD area
in order to enhance the appearance and marketability of housing, provide
protection from wind and sun; and for screening and buffering roads,
parking areas and other development from view by nearby properties.
(2)
The applicant shall submit a master landscaping plan at the
time of tentative PRD plan submission which depicts the location,
quantity, type and size of plant materials to be incorporated into
the design of the PRD.
(3)
A minimum of 10% of all parking areas shall be landscaped. In
addition to the other requirements of this section, the interior of
the lot shall have one four inch caliper shade tree for every four
vehicle spaces.
(4)
Shade trees shall be provided to landscape the tract, the internal
streets and other features. In determining the appropriate amount
of trees to be provided, the Board of Supervisors shall consider the
character of the development, the comfort of the residents of the
development and the presence or absence of existing trees. However,
there shall be at least three deciduous trees of two-and-one-half-inch-to-three-inch
caliper per dwelling unit and at least two conifer trees of six feet
to eight feet per dwelling unit, distributed over the lot and/or PRD
site, which shall be in addition to the required street trees and
trees within a parking lot.
(5)
The plant materials selected shall have suitable characteristics
for their particular application and shall be free of disease and
injury. Plantings shall be permanently maintained and shall comply
with the American Standard for Nursery Stock of the American Association
of Nurserymen.
(6)
All trees which are mapped to fulfill the requirements of § 155-704C(1)(e) shall be identified on the landscape plan. Trees to be preserved shall be protected from disturbance during construction and may be used in the street tree and shade tree calculation for streets and parking areas, if located within 20 feet of the curbline.
(7)
Any building lot having more than one viable tree of 12-inch
DBH or greater per 1,500 square feet shall be considered a wooded
lot. On wooded lots, no more than 25% of the trees of 12-inch DBH
or greater shall be lost to disturbance without replacement or compensatory
plantings being required on lots where trees are to be reduced by
more than 25%, compensatory plantings shall be required on a one-for-one
basis, with one new tree with a minimum caliper of 2.5-inch to three
inches being required for each tree over 12 inches DBH being lost.
The trees to be eliminated shall be shown on the tentative and final
PRD plans, along with the location of any new plantings required.
The new plantings shall be native species placed at the edge of the
remaining wooded area to the maximum extent possible.
(8)
Retaining walls, tree walls, tree wells and the like shall be
proposed to the maximum extent possible to save existing trees, wooded
lots, hedgerows and other vegetation.
(9)
Street trees shall be planted along both sides of all streets,
existing and proposed, at an interval of 50 feet on each side of the
street. Street trees shall be staggered such that the interval along
the street for each tree from one side to the other is 25 feet. After
the number of street trees is calculated, such trees may be grouped
to achieve the intended design solution when approved by the Board
of Supervisors.
D.
Street signs, street furniture and streetlighting.
(1)
Careful attention shall be given to the quality of design of
street signs, street furniture (such as benches and plant receptacles)
and streetlighting. Street names are subject to approval by the Board
of Supervisors and the U.S. Postal Service.
(2)
All streets and areas of high pedestrian use shall be adequately
illuminated, pursuant to standards determined by the Board of Supervisors.
(3)
The character, size and shape of all outdoor directional signs
shall be reviewed by the Board of Supervisors at the time of request
for final approval.
(4)
Detailed designs of outdoor signs shall be reviewed by the Board
of Supervisors prior to the issuance of permits.
(5)
Outdoor directional signs shall be designed so as not to be
a nuisance to adjacent residences and so that size, shape and design
shall be in harmony with its context. The Board may order the removal
of any sign which it deems objectionable. The declaration of covenants,
easements and restrictions shall address all signage proposed for
the PRD.
(6)
Development name signs shall be limited to one per entrance
and shall not exceed four feet in height or obstruct clear sight distances.
Earthworks and the use of natural materials is encouraged.
E.
Supplementary PRD facilities.
(1)
Commercial and office use areas within a PRD shall be located to blend with the residential character of nearby dwelling units. Parking and loading spaces must be carefully screened from view of adjacent residential development. The neighborhood center shall be designed to promote the sense of neighborhood as described in § 155-703C(8).
(2)
The use and design of commercial and office facilities shall
be reviewed by the Board at the time of submission for tentative plan
approval.
(3)
Swimming pools, skating rinks and other recreational areas shall
be located to blend with the residential character of adjacent dwellings
and, where necessary, shall be screened and/or fenced.
(4)
The neighborhood center shall have common open space in the
form of a centrally located park or lyceum. The developer and/or landowner
shall provide special facilities and common open space to ensure that
the neighborhood center functions to serve the PRD as the hub of civic
activity. Benches, bus stops and special event parking spaces shall
be accommodated.
(5)
Refuse stations must be screened by fencing, placed in locations
convenient for collection and removal and not offensive to the occupants
of adjacent dwelling units; and contain adequate capacity to handle
the units intended to be served by them. The applicant shall demonstrate
to the Township that garbage disposal for the uses proposed on the
site will be adequate.
(6)
Adequate lighting must be provided to the outdoor areas used
by residents after dark. Lighting fixtures must be provided for walkways
and to identify streets, steps, ramps, directional changes and signs.
Lighting shall be shielded and positioned to avoid shining directly
into habitable room windows or into private yard areas associated
with dwelling units.
(7)
All utilities, cable television and other lines shall be located
underground within the PRD.
(8)
Water and sewage disposal must be furnished in accordance with
the requirements of the state, county and the Township. Off-site water
and sewage facilities or an on-site sewage treatment plant may be
required where deemed necessary to the Board. In all cases where trunk
line, sanitary sewer facilities are available, owners shall be required
to install sanitary sewers and connect the same to such trunk line
sewers. Plans for the design of water and sewer systems shall clearly
show that they are free of such deficiencies as undersized pumps,
insufficient distance of pipes below the ground, inadequate sealing
protection from tree roots, inadequate distance between sewer and
water lines, inadequate distance from natural gas lines, location
in the paved section of roadways, inappropriate size of pipes, inappropriate
material for pipes and other equipment, inadequate distance from property
lines and other such deficiencies.
(9)
Plans for the operation of water and sewage disposal systems
shall disclose that appropriate personnel will be hired, including
that there will be a continuing consulting contract with an engineering
firm familiar with the operation of such systems and that, in other
respects, such operations shall be appropriate. In the event that
the operations are improper, the Township may take such legal action
as is necessary to create a municipal receivership of such systems
and operate them in a manner that all cost of such systems are paid
only by the residents they were initially intended to serve or actually
serving.
(10)
The Board shall require the developer to provide areas for playfields and other recreational and community facilities in accordance with § 155-709B(2). Areas provided for such facilities should be adequate to provide for building sites, landscaping, off-street parking and other facilities appropriate to the use proposed. Such areas also shall be located in a manner best designed to serve the residents by way of pathway, trail and/or sidewalk connections. All such facilities will be operated by the organization described in § 155-709 to maintain common open space. In the event of improper operations, the Township may operate such facilities as a receiver for the residents of the PRD, as further provided in this section.
(11)
Accessory buildings shall be located so as to visually and aesthetically
be related to the principal buildings on the property where they are
located, shall be screened by landscaping and shall otherwise comply
with any Township ordinances dealing with such buildings.
(12)
All signs shall be in accordance with Article XVII, Signs, and the following regulations:
(a)
All signs shall be evaluated by the Design Review Committee.
No entrance sign(s), directional signs, street name signs or other
signs shall be approved by the Board of Supervisors until recommendations
are received by the Design Review Committee.
(b)
Any development name sign(s), which are installed as an approved
temporary sign, shall be removed within 60 days after the issuance
of an occupancy permit for the last dwelling unit or nonresidential
building.
A.
Administration. The Board of Supervisors shall administer PRD as
set forth in this article. The Board of Supervisors, however, shall
refer all plans for such development to the Planning Commission for
their evaluation and recommendations. The Planning Commission may
request comments from the Township Solicitor on the legal implications
of the proposed development, may request comments from the Township
Engineer on the engineering aspects of the proposed development and
may request comments from the Design Review Committee.
B.
Referral. All applications for tentative approval shall be referred
to:
(1)
The Chester County Planning Commission for study and recommendations
to all aspects of the proposed development.
(2)
The West Chester Area School District for study and recommendation
as to the provision of appropriate educational and related facilities
in the proposed development.
(3)
The Design Review Committee for study and recommendation as to preventing adverse impacts to ecological systems and natural resources and to creating a bona fide sense of neighborhood as described in § 155-703C(8).
(4)
The Chester County Conservation District for study and recommendation
as to preventing soil erosion and sedimentation during and after construction
of the proposed development.
(5)
The Pennsylvania Department of Transportation for study and
recommendations as to the impact of the proposed development on the
highway systems serving it and the adequacy of its storm drainage
systems.
(6)
The Chester County Health Department for study and recommendations
to the adequacy of sanitary sewer systems.
(7)
The Pennsylvania Department of Environmental Protection as necessary
for sewer, water, wetlands or other matters.
C.
All reviewing agencies, other than the Township's Planning Commission, shall report to the Board of Supervisors. The Township's Planning Commission shall have such time necessary, but not to exceed 60 days for tentative plan approval and 45 days for final plan approval, to complete its evaluation and comments, including the review of the recommendations made by other reviewing agencies. The Township's Planning Commission will present its findings and those of the other reviewing agencies in the public hearings required by § 155-713.
A.
An application for tentative approval of a development plan of a
PRD shall be filed by or on behalf of the owners of the land. If an
application form is made available by the Board, any such application
shall be made upon such form. An application shall be accompanied
by such fee as may be fixed by the Board from time to time. An application
shall be filed with the Township Secretary.
B.
Plans shall be at a scale of one inch equals 100 feet, except for
the neighborhood center plan, which shall be at one inch equals 50
feet. In the event that the tract requires multiple sheets, a master
sheet at a scale of one inch equals 200 feet shall be provided.
C.
An application for tentative plan approval of a PRD shall demonstrate
compliance with this chapter and all other applicable ordinances and
shall contain the following as a minimum:
(1)
Site analysis plan.
(2)
Development plan.
(3)
Open space, recreation, community facilities, sidewalks, pathways
and trails plan (such plan shall indicate the exact location of common
open space and the exact areas intended to meet the minimum required
open space and recreational space requirements).
(4)
Neighborhood center plan.
(5)
Grading plan.
(6)
Landscaping and lighting plan.
(7)
Utilities plan.
(8)
Stormwater management plan.
(9)
Road profiles plan.
(10)
Environmental impact mitigation plan.
(11)
Architectural elevations, floor plans and perspectives.
D.
The above mentioned, submitted for tentative plan approval, shall
include the following:
(1)
The location, size, topography and natural features, including,
but not limited to, vegetation, hydrology, drainage and soils of the
site; and the nature of the owner's interest in the land proposed
for development.
(2)
All sections of the development plan which include topography
shall have the areas of 15% to 25% and 25% and greater slopes shaded.
(3)
The types and density of land use proposed for each of the various
parts of the site.
(4)
The location, size and types of active and passive recreational
areas and the natural areas proposed for portions of common open space;
and the dimensions and location of areas reserved for community facilities.
All open space, recreational and community facility areas shall be
depicted and noted on the plans.
(5)
The use and approximate height, bulk and location of buildings
and other structures in plan and profile. All building lots and dwelling
units shall be numbered consecutively. Architectural elevations, floor
plans and perspectives shall be submitted by a registered architect.
(6)
A grading plan depicting existing and proposed contours at two-foot
intervals and delineating retaining walls and other measures to minimize
land disturbance.
(7)
The feasibility of proposals for the disposition of the sanitary
waste and storm sewer and provision of water supply.
(8)
A draft document describing the substance of covenants, grants
and easements or other restrictions proposed to be imposed upon the
use of the land, buildings and structures, including homeowner's
documents, proposed easements and grants for public utilities and
common open space.
(9)
The provisions for parking of vehicles and the location and
width of proposed street, public ways, sidewalks, pathways, crosswalks,
trails and the like.
(10)
The requested modifications in the land use regulations otherwise
applicable to the subject property.
(11)
Fifteen copies of the plan shall be submitted and will be distributed
by the Township Secretary to all the aforementioned review agencies.
(12)
In the case of development plans which call for development
over a period of years, a schedule shall be submitted 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 approval, until the development
is completed and accepted.
E.
An application for tentative plan approval shall contain all applicable impact studies as required by § 155-704.
F.
Filing fee.
(1)
Every applicant shall, at the time of filing application for
PRD, pay to the Township of Thornbury a base filing fee, as per the
schedule established by resolution of the Board.
(2)
Every applicant shall, as part of his application for approval
of a plan, agree to pay the Township of Thornbury such fees and expenses
as said Township incurs for the services of a land planner, landscape
architect, architect, Township Engineer and/or Inspector, Township
Solicitor and such other consultants determined by the Board to be
necessary in investigation, tests and advising the Board in relation
to the plan, inspection of construction of public improvements and
review agreements and documents required by this chapter.
G.
The application for tentative plan 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. The statement shall include projections of the costs to
be incurred and the revenues to be realized by the Township for both
annual and capital budgeting purposes. Furthermore, to provide the
Township with information regarding the risk to it that the owner
might not complete the development, the owner will estimate the total
development cost and describe the financial arrangements he has made
to secure the necessary capital. Letters of intent of commitments
from the financing sources will be attached to the application.
A.
Within 60 days after the filing of an application for tentative plan approval of a PRD pursuant to this article, a public hearing pursuant to public notice on said applicant shall be held by the Board of Supervisors, in the manner prescribed in § 155-2002. The Chairman, or in his absence the Acting Chairman, of the Board may administer oaths and compel the attendance of witnesses. All testimony by witnesses at the hearing shall be given under oath, and every party of record at the hearing shall have the right to cross-examine adverse witnesses.
B.
The Board may continue the hearing from time to time and may refer
the matter back to the Planning Commission for a further report.
A.
The Board, within 60 days following the conclusion of the public
hearing provided for in this article, shall, by official written communications
to the landowner, either:
B.
In the event that tentative plan approval is given subject to conditions,
the landowner may, within 30 days after receiving a copy of the official
written communications of the Board of Supervisors, notify the Board
of his refusal to accept all said conditions, in which case the Board
shall be deemed to have denied tentative plan approval of the development
plan. In the event that the landowner does not, within said period,
notify the Board of his refusal to accept all said conditions, the
tentative plan approval of the development plan, with all said conditions,
shall stand as granted.
C.
The grant or denial of tentative plan approval by official written
communication shall include not only conclusions but also findings
of fact related to the specific proposal and shall set forth the reasons
for the grant, with or without conditions, or for denial, and said
communications shall set forth with particularity in what respects
the development plan would or would not be in the public interest,
including, but not limited to, findings of fact and conclusions on
the following:
(1)
In what respects the development plan is or is not consistent
with the Comprehensive Plan for the development of the Township;
(2)
The extent to which the development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including, but not limited to, density, bulk and use, and the reasons
why such departures are or are not deemed to be in the public interest;
(3)
The purposes, composition and amount of the common open space
in the PRD, the reliability of the proposals for maintenance and conservation
of the common open space and the adequacy or inadequacy of the amount
and purpose of the open space as related to the proposed density and
type of residential development;
(4)
The physical design of the development plan and the manner in
which said design does or does not make adequate provision for utilities
and public service, provide adequate control over vehicular traffic
and further the amenities of light and air, recreation and visual
enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed PRD
to the neighborhood in which it is proposed to be established;
(6)
The adequacy or inadequacy of the provisions in the development
plan for protecting against imbalances in ecological systems, air
and water pollution, soil erosion and unjustifiable destruction of
natural resources;
(7)
The adequacy or inadequacy of the development plan to create the sense of neighborhood described in § 155-703C(8);
(8)
The probability that the applicant will be able to obtain adequate
financing to complete the development;
(9)
Special conditions that must be met, such as reserving land,
providing bonds or, in some other manner, providing for a fair contribution
by the development to utilities, schools and other public and community
facilities which will be required within the area where the development
is located; and
(10)
In the case of a development plan which proposed development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interest of the public and the residents of
the PRD in the integrity of the development plan.
D.
In the event that the development plan is granted tentative plan
approval, with or without conditions, the Board may set forth in the
official written communications, the time within which an application
for final plan approval of the development plan shall be filed or,
in the case of a development plan which provides for development over
a period of years, the periods of time within which applications for
final plan approval of each part thereof shall be filed. Except upon
the consent of the applicant, the time so established between grant
of tentative plan approval and an application for final plan approval
shall not be less than three months and, in the case of development
over a period of years, the time between applications for final plan
approval of each part of the plan shall not be less than 12 months.
A.
The official written communication provided for in this article shall
be certified by the Secretary of the Township and shall be filed in
his office, and a certified copy shall be mailed to the landowner.
B.
Tentative plan approval of a development plan shall not qualify a
plan of the PRD for recording nor authorize development or the issuance
of any building permits. A development plan which has been given tentative
plan approval with conditions which have been accepted by the landowner
(and provided that the landowner has not defaulted or violated any
of the conditions of the tentative plan approval) shall not be modified
or revoked nor otherwise impaired by action of the Township pending
an application or applications for final plan approval without the
consent of the landowner, provided that an application for final plan
approval is filed or, in the case of a development over a period of
time, provided that applications are filed within the time specified
in the official written communications granting tentative plan approval.
C.
In the event that the development plan is given tentative plan approval,
and thereafter, but prior to final plan approval, the landowner shall
elect to abandon said development plan and shall so notify the governing
body, in writing, or in the event that the landowner shall fail to
file application or applications for final plan approval within the
required period of time or times, as the case may be, the tentative
plan approval shall be deemed to be revoked, and all that portion
of the area included in the development plan for which final plan
approval has not been given shall be subject to those ordinances otherwise
applicable thereto as they may be amended from time to time and shall
be noted in the records of the Secretary of the Township.
D.
By agreement of all interested parties, application for both tentative
plan and final plan approval of a development plan may be made concurrently
and both tentative plan approval and final plan approval shall be
given by the Board if said plan meets the requirements for both types
of approval.
A.
An application for final plan approval may be for all the land included in a development plan or, to the extent set forth in the tentative plan approval, for a section thereof. Said application shall be made to the Board within the time or times specified by the official written communication granting tentative plan approval. The application shall include any drawings, specifications, covenants, easements, performance bonds and such other requirements as may be specified by this article or by Chapter 115, Subdivision and Land Development, or regulations of Thornbury Township, as amended, as well as any conditions set forth in the official written communication at the time of tentative plan approval. A public hearing on an application for final plan approval of the development plan, or a part thereof, shall not be required, provided that the development plan, submitted for final plan approval, is in compliance with the development plan theretofore given tentative plan approval and with any specified conditions attached thereto.
B.
Plans submitted for final plan approval of all or a portion of the
PRD shall be prepared in accordance with the following requirements:
(1)
Each application for approval of any final plan shall be accompanied
by at least 15 copies of such plan, which shall be a clear and legible
print. (One copy must be ink, on linen or equivalent.)
(2)
The final plan shall be at a scale of not more than 50 feet
to the inch and shall include the following information:
(a)
Name, seal and appropriate certification of the registered professional
engineer, architect and landscape architect responsible for the plan.
(b)
All information required under tentative plan approval in § 155-713 to be submitted in final form.
(c)
Street lines, lot lines, rights-of-way, easements and area proposed
to be open space.
(d)
Sufficient data to determine readily the location, bearing and
length of every street, lot and boundary lines and to reproduce such
lines on the ground.
(e)
The lengths of all straight lines, radii, lengths of curves
and tangent bearings for each street.
(f)
The proposed building setback line for each street and/or the
proposed placement of each building.
(g)
Stormwater management plan which shall delineate the location,
size and invert elevation of all sanitary and storm sewers and location
of all manholes, inlets and culverts, headwalls, water mains, petroleum
or petroleum product lines, fire hydrants and other significant man-made
features. The size and nature of all culverts, inlets, catch basins,
etc., and all headwalls, with the height in feet from the bottom of
the pipe indicated.
(h)
All dimensions shall be shown in feet and hundredths of a foot.
(i)
Permanent reference monuments shall be shown on the plan thus:
(x).
(j)
Road profile plan which shall delineate the location, width
and character of the paved cartway and a typical cross section of
said cartway showing curbs and/or gutters, sidewalks and maximum bank
slopes.
(k)
Utilities plan which shall delineate ownership, maintenance
and location of all utilities (e.g., electric lines, sewer and water
lines, lighting standards, pipelines, etc.) and utility easements
located within the tract boundary.
C.
The specifications governing the construction of streets, storm drainage,
sidewalks and all public improvements shall be in strict accordance
with the specification and general standards of the Township of Thornbury
and the Commonwealth of Pennsylvania covering similar types of construction.
D.
Where any public improvements are to be constructed within a PRD, Chapter 115, Subdivision and Land Development, shall govern the construction and acceptance of such public improvements, including the provisions for requirements of performance and maintenance bonds.
E.
In the event that the application for final plan approval has been
filed, together with all drawings, specifications and other documents
in support thereof and as required by this article and the official
written communication of tentative plan approval, the Board shall,
within 45 days of such filing, grant such development plan final plan
approval.
F.
Action on application for final approval.
(1)
In the event that the development plan as submitted contains
variations from the development plan given tentative plan approval,
the Board may refuse to grant final plan approval and shall, within
45 days from the filing of the application for final plan approval,
so advise the landowner, in writing, of said refusal, setting forth
in said notice the reasons why one or more of the said variations
are not in the public interest. In the event of such refusal, the
landowner may either:
(2)
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 plan approval, or within 30 additional days if the time for
final plan 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 that 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 article for the public hearings on
applications for tentative plan approval.
(3)
Within 30 days after the conclusion of the hearing, the Board
shall by official written communication either grant final plan approval
to the development plan or deny final plan approval. The grant or
denial of final plan approval of the development plan shall, in cases
arising under this section, be in the form and contain findings required
for an application for tentative plan approval set forth in this article.
G.
A development plan, or any part thereof, which has been given final
plan approval shall be so certified without delay by the governing
body or its designated agency and shall be filed of record forthwith
by the applicant in the office of the Recorder of Deeds before any
development shall take place in accordance therewith. Upon the filing
of record of the development plan, the zoning and subdivision regulations
otherwise applicable to the land included in such plan shall cease
to apply thereto except as herein noted. Pending completion within
a reasonable time 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 owner.
H.
In the event that a development plan, or section thereof, is given final plan approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved and shall so notify the Board, in writing; or in the event the landowner shall fail to commence and carry out the PRD within 12 months after final plan approval has been granted, no development or further development by the landowner shall take place on the property included in the development plan until after the said property is resubdivided; if necessary, said property may be reclassified by enactment of an amendment to the municipal zoning ordinance in the manner prescribed for such amendments. The Board further may act, pursuant to § 155-706D(8), to use the proceeds of a performance bond or bonds to satisfactorily complete all or a portion of an abandoned PRD. In the event that the Board finds that the developer is not proceeding with reasonable diligence in executing the development, it may consider the plan abandoned and proceed as provided below.
A.
To further the mutual interest of the residents of a PRD and of the
public in the preservation of the integrity of the development plan,
as finally approved, and to ensure that modifications, if any, in
the development plan shall not impair the reasonable reliance of the
said residents upon the provisions of the development plan, nor result
in changes that would adversely affect the public interest, the enforcement
and modifications of the provisions of the development plan, as finally
approved, whether those are recorded by plan, covenant, easement or
otherwise, shall be subject to the following provisions:
(1)
The provisions of the development plan relating to the following
shall run in favor of the Township and shall be enforceable in law
or equity by the Township without limitation on any powers or regulations
otherwise granted the Township by law:
(2)
All provisions of the development plan shall run in favor of
the residents of the PRD, but only to the extent expressly provided
in the development plan and in accordance with the terms of the development
plan, and to that extent said provisions, whether recorded by plan,
covenant, easement or otherwise, may be enforced at law or equity
by said residents acting individually, jointly or through an organization
designated in the development plan to act on their behalf; provided,
however, that no provisions of the development plan shall be implied
to exist in favor of residents of the PRD except as to those portions
of the development plan which have been finally approved and have
been recorded.
(3)
All those provisions of the development plan authorized to be
enforced by the Township under this section may be modified, removed
or released by the Township except grants or easements relating to
the service or equipment of a public utility, subject to the following
conditions:
(a)
No such modification, removal or release of the provisions of
the development plan by the municipality shall affect the rights of
the residents of the PRD to maintain and enforce those provisions,
at law or equity, as provided in this section.
(b)
No modification, removal or release of the provisions of the
development plan by the municipality shall be permitted except upon
a finding by the Board, following a public hearing thereon pursuant
to public notice called and held in accordance with the provisions
of this article, that the same is consistent with the efficient development
and preservation of the entire PRD, does not adversely affect either
the enjoyment of land abutting upon or across the street from the
PRD or the public interest and is not granted solely to confer a special
benefit upon any person.
(4)
Residents of the PRD may, to the extent and in the manner expressly
authorized by the provisions of the development plan, modify, remove
or release their rights to enforce the provisions of the development
plan, but no such action shall affect the right to the Township to
enforce the provisions of the development plan in accordance with
the provisions of this section.
B.
Violations and penalties.
(1)
Any person who violates or permits a violation of this section
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a District Justice, pay a fine of
not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this section.
No judgment shall be imposed until the date of the determination of
the violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense, unless the District Justice,
determining that there has been a violation, further determines that
there was a good-faith basis for the person, partnership or corporation
violating this section to have believed that there was not such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of PRD provisions
shall be paid over to Thornbury Township, Chester County. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
(2)
The Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem judgment pending a
final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than Thornbury Township, Chester
County, the right to commence any action for enforcement pursuant
to this section.
