Land development concepts which provide for varied housing needs require a different set of guidelines and standards for the developer to follow than those established by Chapter 405, Subdivision and Land Development, of the Code, for conventional subdivisions and land development. It is therefore the intent of this chapter to establish uniform standards governing Planned Residential Development (PRD). 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. § 10701 et seq.
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 natural areas
than is generally possible under conventional zoning district regulations
and subdivision requirements. Further, this article are intended to
promote more economical use of land potential while providing a latitude
in building design, building placement, amenities and community facilities
of appropriate quality, oriented to the specific development site
characterized by special features of topography, shape or size, and
at the same time preserve the natural scenic qualities, open spaces,
and integrity of single-family residential neighborhoods within Harborcreek
Township.
PRD may be permitted in the "R-1" Rural Residential, "R-2A" and "R-2B" Medium-Density Residential, and "LF" Lakefront Districts, subject to the restrictions, qualifications and requirements cited in this chapter, as enumerated herein below. Provisions of this chapter and Chapter 405, 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.
A.
A minimum land area for a PRD shall be 20 contiguous acres. The applicant
for a PRD plan approval shall evidence a full ownership interest in
the land. The evidence shall either be legal title or an executed
binding sales agreement.
B.
The project shall be in single, legal. as well as equitable, ownership
prior to approval of the final development plan.
C.
All PRD developments shall be regulated to the local and regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission, Board of Supervisors, and appropriate officials of the Pennsylvania Department of Transportation that traffic circulation will not be adversely influenced, that additional traffic hazards will not be created, and that public and private road systems are adequate in terms of traffic volume capacity and construction type to accommodate the projected PRD-generated traffic. Street design and construction in PRDs shall conform to Chapter 405, Subdivision and Land Development, of the Code.
[Amended 9-19-2018 by Ord. No. 2010-200-20]
The planned residential development provisions of this article
shall first be administered by the Harborcreek Township Planning Commission,
which shall review all applications on the basis of specified standards,
conditions, regulations and procedures and shall make recommendations
to the Board of Supervisors, which shall conduct public hearings (or
designate the Planning Commission to hold public hearings). The Board
of Supervisors shall have final authority to approve, modify or disapprove
development plans at their discretion as to what is best for the Harborcreek
community based on the provisions of this article and other issues
affecting the health, safety and welfare of citizens in, or adjacent
to, the PRD.
A.
Residential density shall be consistent with the following standards,
based upon the zoning district underlying the proposed PRD.
[Amended 9-19-2018 by Ord. No. 2010-200-20; 3-3-2021 by Ord. No. 2010-200-26]
|
Zoning District
|
Allowable Dwelling units per Buildable Acre
|
Allowable Number of Dwelling Units per building
|
|---|---|---|
|
"R-1" Rural Residential
|
1 dwelling unit per each 40,000 square feet of buildable area
|
4
|
|
"R-2A" or "R-2B" Residential and "LF" Lakefront Districts
|
1 dwelling unit per each 20,000 square feet of buildable area
|
Up to 8
|
|
"R-2A" or "R-2B" (min. of 20 acres)
|
Single-family, duplex, triplex, quadruplex type designs
Multistory design (shall not exceed 3 stories)
One dwelling unit per each 4,000 square feet of buildable area
|
Up to 36
|
B.
Buildable area shall be determined by determining total acreage less
all lands within the rights-of-way of planned or existing public streets
or highways, or within the rights-of-way of existing or proposed overhead
utility lines, all land in designated floodplain, and all land in
designated wetlands or open water, and all land containing slopes
greater than 15% (as determined by the USGS 1:24000 series of topographic
maps).
C.
The Township further 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.
A.
Lot size. There shall be no minimum lot size or lot width. However,
every dwelling unit shall have access to a public street, court, walk
or other area dedicated to public use. No structure or group of structures
shall be erected within 25 feet of any other structure or group of
structures.
B.
Setback. All structures on the perimeter of the development must
be set back feet from property boundaries, existing road center lines
and occupied single-family dwelling unit adjacent to the PRD, as follows:
[Amended 3-3-2021 by Ord.
No. 2010-200-26]
|
Zoning District
|
Distance of structures from property lines or road center lines
(feet)
|
Distance of structures from an occupied single-family dwelling
adjacent to PRD
(feet)
|
Distance of structures containing more than one dwelling unit
from an occupied single-family dwelling adjacent to PRD
(feet)
|
|---|---|---|---|
|
"R-1"
|
100
|
200
|
300
|
|
"R-2A," "R-2B," "LF" Lakefront
|
50
|
100
|
200
|
|
"R-2A" or "R-2B" (multistory structure)
|
50
|
200
|
500
|
C.
Lot coverage shall be consistent with the zoning district in which
the PRD is located and shall be based upon the entire PRD.
D.
Configuration of structures containing more than one dwelling unit.
Buildings housing more than one dwelling unit may be of a single-story
configuration or of a townhouse configuration or multistory structure
not exceeding three stories.
[Amended 3-3-2021 by Ord.
No. 2010-200-26]
E.
Area limitations for various uses:
(1)
Within the PRD, the following percentages of the total gross land
area shall be devoted to specified uses as indicated herewith:
(a)
A maximum of 50% of gross acreage for residential use. Land
devoted to residential use shall be deemed to include those streets,
alleys, parking areas, private yard areas and courts which abut and
service primarily residences or groups of residences:
(b)
A minimum of 50% of gross acreage for open space uses. Open
space shall not include space devoted to streets and parking. Open
space uses may be any combination or single use listed below:
[1]
Timber management and forestry.
[2]
Agriculture.
[3]
Equestrian activities by community residents.
[4]
Scenic areas and vistas.
[5]
Fishing, hunting, wildlife observation, and similar outdoor
recreational pursuits.
[6]
Developed parklands.
[7]
Other open space uses, including innovative stormwater management,
may be accepted by the Township if approved prior to submission of
alternative plan and such uses do not entail residential or commercial
use.
(2)
Unless within the "R-1" District, all open space areas must be owned
by a land trust, government, homeowners' association, or similar
responsible body to ensure maintenance or proper management in perpetuity.
Means for appropriate permanent dedication or deed covenants to prevent
its development shall be required prior to approval. Unless developed
parklands, playgrounds, or a central green surrounded by streets or
lots, no tract of open space shall be less than five contiguous acres.
Open space areas in "R-1" may be privately owned if accompanied by
a conservation easement to prevent further development.
(3)
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 by the Board
of Supervisors as to suitability for the proposed use of the open
areas.
(4)
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.
(5)
If the common open space is deeded to a homeowners' association
or a nonprofit corporation established on a membership basis, the
developer shall file a declaration of covenants and restrictions that
will govern the association, to be submitted with the application
for the preliminary approval. If there is a homeowners' association
under the Unit Property Act,[1] the developer must file a declaration of 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 homes 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, but need not, require as a condition
of the approval of a planned residential development that land proposed
to be set aside for common open space be dedicated or made available
to public use.
[1]
Editor's Note: See 68 P.S. § 700.101 et seq.
A.
In the event that the organization established to own and maintain
common space or any successor organization shall at any time after
establishment of the PRD fail to maintain the common open space in
reasonable order and condition in accordance with the development
plan, the Township may serve written notice upon such organization
or upon the residents of the PRD setting forth the manner in which
the organization has failed to maintain the common open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be corrected within 30 days thereof, and shall state
the date and place of hearing thereon, which shall be held within
14 days of the notice. At such hearing, the Township may modify the
terms of the original notice as to the deficiencies and may give an
extension of time within which they shall be corrected. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be corrected within said 30 days or an extension thereof, the
Township, in order to preserve the taxable values of the properties
within the PRD and to prevent the common open space from becoming
a public nuisance, may enter upon said common open space and maintain
the same for a period of one year.
B.
Said maintenance by the Township shall not constitute a taking of
said common open space, nor vest in the public any rights to use the
same. Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space, call a public
hearing upon notice to such organization or to the residents of the
PRD, to be held by the Township Supervisors, at which hearing such
organization of the residents of the PRD shall show cause why such
maintenance by the Township shall not, at the option of the Township,
continue for a succeeding year. If the Township Supervisors shall
determine that such organization is ready and able to maintain said
common open space in reasonable condition, the Township shall cease
to maintain said common open space at the end of said year. If the
Township Supervisors shall determine that such organization is not
ready and able to maintain said common open space during the next
succeeding year and, subject to a similar hearing and determination,
in each year thereafter. The decision of the Township Supervisors
shall be subject to appeal to court in the same manner and within
the same time limitation as is provided for zoning appeals by the
Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.Magisterial
District Judge
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 common open space and shall become a lien on said properties.
The Township at the time of entering upon said common space for the
purpose of maintenance shall file a notice of lien in the office of
the prothonotary of the county upon the properties affected by the
lien within the PRD.
A.
Land and buildings may be used for the following purposes:
(1)
Single-family (detached dwelling units).
(2)
Multifamily dwelling units of a duplex, triplex, quadriplex or townhouse
design and configuration (pursuant to limitations upon dwelling units
per building).
(3)
Multistory structures are only permitted in "R-2A" or "R-2B" Zoning
Districts and shall not exceed three stories in height.
[Added 3-3-2021 by Ord.
No. 2010-200-26]
(4)
Schools, public and private, if state-accredited.
(5)
Churches and other places of worship.
(6)
Noncommercial community centers or recreation structures.
(7)
Licensed nursing homes or personal care homes, provided that all
normal lot yard, height and coverage standards as well as any special
conditions otherwise applicable for such structures under this chapter
can be complied with. Such facilities shall not exceed a ratio of
one bed per each dwelling unit.
(8)
Accessory retail dining and service facilities may be permitted by
specific approval of the Board of Supervisors. At least 80% of the
total planned dwelling units of the total project must be physically
constructed prior to any nonresidential use construction.
B.
No PRD shall be approved unless it is consistent with the purposes of the regulations as stated in § 490-83 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 multiplicity of housing types.
A.
Vehicular access within the PRD shall be designed to permit smooth
traffic flow with minimum hazard to vehicular or pedestrian traffic.
B.
A pedestrian and bicycle circulation system shall be established
to serve all elements within the development. The pedestrian and bicycle
circulation system shall be reasonably segregated from vehicular traffic
to provide separation of vehicular and pedestrian movement.
A.
General plan.
(1)
A general landscaping plan shall be required at the time of the original
submission to be followed by a detailed landscaping plan prior to
final approvals. The detailed plan shall show the spacing, sizes and
specific types of landscaping materials.
(2)
Existing trees shall be preserved whenever possible. At least 50%
of all trees of minimum size of 15 inches diameter at breast height
(DBH) shall be preserved in the course of development. The location
of trees shall be considered when planning the site elements, such
as open spaces, building location, walks, paved areas, playgrounds,
parking, circulation systems and finished grade levels.
(3)
A grading plan and an erosion and sedimentation plan shall be provided
prior to any construction or site development activity, which will
confine excavation, 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 district and in
any adjoining district.
(6)
Within a PRD, all utilities including telephone, television cable
and electrical systems shall be installed underground; provided, however,
appurtenances to these systems which require on-grade installation
must be effectively screened.
B.
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.
C.
Waste disposal. Adequate provision shall be provided for garbage
and trash removal.
A.
Planned residential developments shall be reviewed in three separate
stages: conditional use, tentative plan, and final plan. The previous
phase must be approved before the next phase may be sought.
(1)
Application for conditional use approval. Conditional use submission
and approval must precede submission of a tentative plan. The conditional
use approval stage is meant to approve a concept or sketch plan, without
significant engineering or design costs on the part of the applicant.
Conditional use approval will grant the applicant the right to submit
a tentative plan that conforms to the concepts approved, especially
with regards to the number and configuration of housing, and the amount
and types of open space. Application and review shall follow standard
processes for other conditional uses.
(2)
Sketch plan requirements for conditional use approval.
(a)
Site context map. A map showing the location of the proposed
subdivision within its neighborhood context shall be submitted. For
sites under 100 acres in area, such maps shall be at a scale not less
than one inch equals 200 feet and shall show the relationship of the
subject property to natural and man-made features existing within
1,000 feet of the site. For sites of 100 acres or more, the scale
shall be one inch equals 400 feet and shall show the above relationships
within 2,000 feet of the site. The features that shall be shown on
site context maps include topography (from USGS maps), stream valleys,
wetland complexes (from maps published by the U.S. Fish and Wildlife
Service or the USDA Natural Resources Conservation Service), woodlands
over 1/2 acre in area (from aerial photographs), ridge lines, public
roads and trails, utility easements and rights-of-way, public land,
and land protected under agricultural or conservation easements.
(b)
Existing resources and site analysis plan.
[1]
A vertical aerial photograph enlarged to a scale not less detailed
than one inch equals 400 feet, with the site boundaries clearly marked.
[2]
Topography, the contour lines interpolated from USGS published
maps. Slopes over 15% shall be clearly indicated.
[3]
The location and delineation of ponds, streams, ditches, drains, and natural drainage swales, as well as the 100-year floodplains and wetlands, as defined in this chapter, the Comprehensive Plan or Chapter 230, Flood Damage Prevention, of the Code. Additional areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.
[4]
Vegetative cover conditions on the property according to general
cover type including cultivated land, permanent grass land, meadow,
pasture, old fields, hedgerow, woodland and wetland, trees with a
caliper in excess of 15 inches DBH, the actual canopy line of existing
trees and woodlands. Vegetative types shall be described by plant
community, relative age and condition.
[5]
If on-lot or nonpublic community sewer systems are proposed,
soil series, types and phases, as mapped by the U.S. Department of
Agriculture, Natural Resources Conservation Service, in the published
Soil Survey for Erie County, and accompanying data published for each
soil relating to its suitability for construction and for septic system
suitability.
[6]
Ridgelines and watershed boundaries shall be identified.
[7]
A viewshed analysis showing the location and extent of views
into the property from public roads and from public parks, public
forests, and state game lands.
[8]
Geologic formations on the proposed development parcel, including
rock outcroppings, cliffs, sinkholes, and fault lines, based on available
published information or more detailed data obtained by the applicant.
[9]
All existing man-made features, including but not limited to
public roads, driveways, farm roads, other roads, buildings, foundations,
walls, wells, drainage (septic) fields, dumps, utilities, waterlines,
fire hydrants, and storm and sanitary sewers.
[10]
Locations of trails that have been in public use
(pedestrian, equestrian, bicycle, etc.).
[11]
All easements and other encumbrances of property,
which are or have been filed of record with the Recorder of Deeds
of Erie County shall be shown on the plan.
[12]
Total acreage of the tract.
(c)
All conceptual plans shall include documentation of a four-step
design process in determining the layout of proposed greenway lands,
house sites, streets and lot lines, as described below.
[1]
Step 1: delineation of greenway lands.
[a]
The minimum percentage and acreage of required
greenway lands shall be calculated by the applicant and submitted
as part of the sketch plan or conceptual preliminary plan in accordance
with the provisions of this chapter.
[b]
Proposed greenway lands shall be designated using
the existing resources and site analysis plan as a base map and complying
the Township's Map of Conservation Considerations and its Comprehensive
Plan shall also be referenced and considered. Primary conservation
areas shall be delineated comprising floodplains, wetlands and slopes
over 15%.
[c]
In delineating secondary conservation areas, the
applicant shall prioritize natural and cultural resources on the tract
in terms of their highest to least suitability for inclusion in the
proposed greenway, in consultation with the Planning Commission and
in accordance with Comprehensive Plan priorities.
[d]
On the basis of those priorities and practical
considerations given to the tract's configuration, its context
in relation to resources areas on adjoining and neighboring properties,
and the applicant's subdivision objectives, secondary conservation
areas shall be delineated to meet at least the minimum area percentage
requirements for greenway lands and in a manner clearly indicating
their boundaries as well as the types of resources included within
them.
[2]
Step 2: location of house sites. Potential house sites shall
be tentatively located, using the proposed greenway lands as a base
map as well as other relevant data on the existing resources and site
analysis plan such as topography and soils. House sites should generally
be located not closer than 100 feet from primary conservation areas
and 50 feet from secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas as well as the potential positive benefits of such locations
to provide attractive views and visual settings for residences.
[3]
Step 3: alignment of streets and trails. Upon designating the
house sites, a sketch street plan shall be designed to provide vehicular
access to each house, bearing a logical relationship to topographic
conditions. Impacts of the street plan on proposed greenway lands
shall be minimized, particularly with respect to crossing environmentally
sensitive areas such as wetlands and traversing slopes exceeding 15%.
Street connections shall generally be encouraged to eliminate new
culs-de-sac to be maintained by the Township and to facilitate access
to and from homes in different parts of the tract (and adjoining parcels).
[4]
Step 4: drawing in the lot lines. Upon completion of the preceding
three steps, a sketch of any proposed new lot lines should be drawn
as required to delineate the boundaries of individual residential
lots. These need not include bearings and distances.
B.
Applicants shall be prepared to submit four separate sketch maps
indicating the findings of each step of the design process, to the
Planning Commission and the Board of Supervisors.
A.
An application for tentative approval of the development plan for
a planned residential development shall be filed by or on behalf of
the landowner.
B.
The application for tentative approval shall be filed by the landowner
in such form upon the payment of such a reasonable fee as is specified
by the Township. The application shall be filed with the Zoning Administrator.
C.
All planning, zoning, and subdivision matters relating to the platting,
use, and development of the planned residential development and subsequent
modifications of the regulations relating thereto, to the extent such
modification is vested in the Township, shall be determined and established
by the Board of Township Supervisors with the advice of the Planning
Commission.
(1)
Tentative plan requirements.
(2)
Name of proposed planned residential development.
(3)
North point.
(4)
Graphic scale and legend describing all symbols shown on the plan.
(5)
Day, month and year the plan was prepared and date and description
of revisions to the plan occurring after formal submission.
(6)
Name and address of the owner and deed book and page numbers of the
deeds conveying the property to the owner. Name of the developer and
their billing address (if different).
(7)
Name, address and seal of the individual or firm preparing the plan.
(8)
Names of abutting property owners, tax parcel numbers, and their
deed book and page numbers.
(9)
Key map showing the location of proposed planned residential development
and all roads within 5,000 feet therefrom.
(10)
Erie County tax parcel numbers of all parcels included in the
planned residential development.
(11)
A certification of ownership and plan acknowledgment signature
block.
(12)
An offer of dedication signature block.
(13)
Township approval signature block.
(14)
Recorder of Deeds signature block.
(15)
Existing features per the conditional use approval phase, updated
as necessary.
(16)
Perimeter boundaries of the total property showing bearings
to the nearest minute and distances to the nearest hundredth of a
foot.
(17)
Total acreage of the property and total square feet within each
lot of the development.
(18)
Primary and secondary conservation areas as identified during
the conditional use phase.
(19)
Existing features, including sewer lines and laterals, water
mains and fire hydrants, electrical lines and poles, culverts and
bridges, railroads, buildings, streets, including right-of-way and
cartway widths and approximate grades, development of abutting properties,
including local and types of uses.
(20)
Land under current agricultural uses, including cultivated fields,
orchards, pastures and similar uses.
A.
The planned residential development is envisioned as an area in which
an integrated development will occur which incorporates a variety
of residential and related uses permitted within the conditional use.
The respective areas of the master plan devoted to specific residential,
commercial and institutional uses should be shown and within each
area, the following should be included:
(1)
The appropriate location and use of buildings and other structures
(all area dimensions shall be indicated in square feet); scale of
one inch equals 50 feet horizontal and one inch equals five feet vertical.
(2)
A conceptual landscaping plan indicating the treatment of materials
and landscaping concepts used for private and common open space.
(3)
A general grading plan showing any major alterations to the topography
of the site.
(4)
The approximate location and area of proposed common or dedicated
greenways, including the proposed use and improvements of common open
space, the approximate location and use of common recreational facilities,
and the approximate location and area of land to be dedicated for
public purposes.
(5)
A table shall be included on the plan describing each phase or section
with quantitative data, including the total area of the development
and approximate area of each phase.
(6)
The total area devoted to each use, the number of residential units,
the percentage of each type of use and the total floor area in the
development and in each phase.
(7)
The area of streets, parking, sidewalks, and walkways and the total
area paved and percent of area paved or covered by the structures
in the development and each phase or section.
(8)
The total area devoted to planned recreational or open space use
throughout the entire development and in each phase.
(9)
The calculations of impervious surface in the development and in
each phase.
B.
The following information should be included with a narrative statement
submitted with the master plan:
(1)
A statement of the ownership of all of the land included within the
master plan.
(2)
An explanation of the design pattern of the planned residential development.
(3)
A statement describing any proposed innovative design concepts included
in the plan.
(4)
The substance of covenants, grants of easements or other restrictions
proposed to be imposed on the use of land, buildings and structures,
including proposed easements or grants for public use or utilities.
(5)
The covenants should specifically indicate that any land proposed
for parks, recreation or open space shall be used for such purposes
in perpetuity.
(6)
A description of the form of organization proposed to own and maintain
the common open space, recreational facilities or other common facilities.
(7)
A statement of the proposed use and improvement of common open space
and recreational facilities, and prime or active farmlands.
(8)
A description of proposals to preserve natural features and existing
patterns and detention pond areas. The plan should include preliminary
pond sizing calculations.
When it is anticipated that development pursuant to an approved
master plan will occur in phases over a period of years, the following
shall be included with the application for master plan approval:
A.
The phases in which the land development will be submitted for final
land development approval and the approximate date when each phase
will be submitted for final plan approval.
B.
The approximate date when each phase will be completed.
C.
Any phase of development pursuant to an approved master plan shall
be able to function independently of the undeveloped phases while
being compatible with adjacent or neighboring land use.
D.
If development pursuant to a master plan is to be done in phases,
over a period of years and according to an approved schedule, the
gross density of any phase, or in combination with previously developed
phases, shall be in general proportion to residential and nonresidential
density requirements.
E.
The application for tentative approval of a planned residential development
shall include a written statement by the landowner setting forth the
reasons why, in his opinion, a planned residential development would
be in the public interest and would be consistent with the Comprehensive
Plan for the development of the municipality.
F.
The application for tentative approval shall be forwarded to the
Harborcreek Township Planning Commission and Erie County Department
of Planning for their review and comments.
A.
Within 60 days after the filing of an application for tentative approval
of a planned residential development pursuant to this chapter, a public
hearing pursuant to public notice of said application shall be held
by the Township Supervisors (or Planning Commission if designated)
in the manner prescribed in the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Board of Township Supervisors may continue the hearing from time
to time, and where applicable, may refer the matter back to the Planning
Commission for additional review; provided, however, that in any event,
the public hearing or hearings shall be concluded within 60 days after
the date of the first public hearing.
A.
The governing body, within 60 days following the conclusion of the
public hearing provided for in this part or within 180 days of the
filing of the application shall, by official written communication
to the landowner, either:
B.
Failure to so act within said period shall be deemed to be a grant
of tentative approval of the development plan as submitted. In the
event, however, the tentative approval is granted subject to conditions,
the landowner may, within 30 days after receiving a copy of the official
written communication of the Township, notify such governing body
of his refusal to accept all said conditions, in which case the Township
shall be deemed to have denied tentative approval of the development
plan. In the event the landowner does not, within said period, notify
the governing body of his refusal to accept all said conditions, tentative
approval of the development plan, with all said conditions, shall
stand as granted.
C.
The grant or denial of tentative approval by official written communication
shall include not only conclusions but also findings of fact related
to the specific proposal and set forth the reasons for the grant,
with or without conditions, or for the denial, and said communication
shall set forth with particularity in what respects the development
plan would or would not be in the public interest, including, but
not limited to, findings of fact and conclusions on the following:
(1)
In those respects in which the development plan is or is not consistent
with the Comprehensive Plan for the development of Harborcreek 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 reason
why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location, and amount of the common open space in the
planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential development;
(4)
The physical design of the development plan and the manner in which
said design does or does not make adequate provision for public services,
provide adequate control over vehicular traffic, and further the amenities
of light and air, recreation, and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
(6)
In the case of a development plan which proposes development over
a period of years, the sufficiency of the terms and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plan.
D.
In the event a development plan is granted tentative approval, with
or without conditions, the Township may set forth in the official
written communication the time within which an application for final
approval of the development plan shall be filed or, in the case of
a development plan which provides for development over a period of
years, the periods of time within which applications for final approval
of each part thereof shall be filed. Except upon the consent of the
landowner, the time so established between grant of tentative approval
and an application for final approval shall not be less than 12 months
and, in the case of developments over a period of years, the time
between applications for final approval of each part of a plan shall
be not less than 12 months.
A.
The official written communication provided for in this part shall
be certified by the Township Secretary and shall be filed in the Township
office, and a certified copy shall be mailed to the landowner. Where
tentative approval has been granted, it shall be deemed an amendment
to the Zoning Map, effective upon final approval, and shall be noted
on the Zoning Map.
B.
Tentative approval of a development plan shall not qualify a plat
of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted, or which
has been given tentative approval with conditions which have been
accepted by the landowner (and provided that the landowner has not
defaulted nor violated any of the conditions of the tentative approval),
shall not be modified or revoked nor otherwise impaired by action
of the Township pending an application or applications for final approval
without the consent of the landowner, provided an application or applications
for final approval is filed or, in the case of development over a
period of years, provided applications are filed within the period
of time specified in the official written communication granting tentative
approval.
C.
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the landowner shall elect
to abandon said development plan and shall so notify the governing
body in writing or, in the event the landowner shall fail to file
application or applications for final approval within the required
period of time or times, as the case may be, the tentative approval
shall be deemed to be revoked, and all that portion of the area included
in the development plan for which final approval has not been given
shall be subject to those local ordinances otherwise applicable thereto
as they may be amended from time to time, and the same shall be noted
on the Zoning Map and in the records of the Harborcreek Township Secretary.
A.
An application for final approval may be for all the land included
in a development plan or, to the extent set forth in the tentative
approval, for a section thereof. Said application shall be made to
the Township Zoning Administrator within one year of the official
written communication granting tentative approval. The application
shall include any drawings, specifications, covenants, easements,
performance bond, and such other requirements as may be specified
by this chapter, as well as any conditions set forth in the official
written communication at the time of tentative approval. A public
hearing on an application for final approval of the development plan,
or the part thereof, submitted for final approval, shall not be required,
provided the development plan or the part thereof submitted for final
approval is in compliance with the development plan theretofore given
tentative approval and with any specified conditions attached thereto.
The submission shall be reviewed by the Zoning Administrator and the
Planning Commission for compliance prior to being forwarded to the
governing body.
B.
In the event the application for final approval has been filed, together
with all drawings, specifications, and other documents in support
thereof, and as required by this chapter and the official written
communication of tentative approval, the Township shall, within 45
days from the date of the regular meeting of the Planning Commission
next following the date the application is filed, grant such development
plan final approval; provided, however, that should the next regular
meeting occur more than 30 days following the filing of the application,
the forty-five-day period shall be measured from the 30th day following
the date the application has been filed.
C.
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Township may
refuse to grant final approval and shall, within 45 days from the
date of the regular meeting of the Planning Commission next following
the date the application is filed for final approval, so advise the
landowner in writing of said refusal, setting forth in said notice
the reasons why one or more of said variations are not in the public
interest; provided, however, that should the next regular meeting
occur more than 30 days following the filing of the application, the
forty-five-day period shall be measured from the 30th day following
the date the application has been filed.
E.
If the landowner wishes to take either such alternate action, he
may do so at any time within which he shall be entitled to apply for
final approval or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance. In the event the landowner shall fail to take either of
these alternative actions within said time, he shall be deemed to
have abandoned the development plan. Any such public hearing shall
be held pursuant to public notice within 30 days after the landowner
makes request for the hearing and the hearing shall be conducted in
the manner prescribed in this part for public hearings on applications
for tentative approval. Within 30 days after the conclusion of the
hearing, the governing body shall by official written communication
either grant final approval to the development plan or deny final
approval. The grant or denial of final approval of the development
plan shall, in cases arising under this section, be in the form and
contain the findings required for an application for tentative approval
set forth in this chapter. Failure of the governing body to render
a decision on an application for final approval and communicate it
to the applicant within the time and in the manner required by this
section shall be deemed an approval of the application for final approval,
as presented, unless the applicant has agreed in writing to an extension
of time of change in the prescribed manner of presentation of communication
of the decision, in which case failure to meet the extended time of
change in a manner or presentation of communication shall have like
effect.
F.
A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by the Township and shall
be filed of record forthwith in the Office of the Recorder of Deeds
before any development shall take place in accordance therewith. Upon
the filing of record of the development plan, the zoning and subdivision
regulations otherwise applicable to the land included in such plan
shall cease to apply thereto. Pending completion, in accordance with
the time provisions stated in Section 508 of the Pennsylvania Municipalities
Planning Code,[1] of said planned residential development or of that part
thereof, as the case may be, that has been finally approved, no modification
of the provisions of said development plan, or part thereof, as finally
approved shall be made except with the consent of the landowner. Upon
approval of a final plat, the developer shall record the plat in accordance
with the provisions of Section 513(a) of the Pennsylvania Municipalities
Planning Code and post financial security in accordance with Section
509 of the Pennsylvania Municipalities Planning Code.[2]
G.
In the event that a development plan, or a section thereof, is given
final approval and thereafter the landowner shall abandon such plan
or the section thereof that has been finally approved and shall so
notify the Township in writing or, in the event the landowner shall
fail to commence and carry out the planned residential development
in accordance with the time provisions stated in Section 508 of the
Pennsylvania Municipalities Planning Code after final approval has
been granted, no development or further development shall take place
on the property included in the development plan until after the said
property is reclassified by enactment of any amendment to this chapter
in the manner prescribed for such amendments.
