The purpose of this article is to create residential
development which is more creative and imaginative and which will
foster more efficient, aesthetic and desirable use of open areas than
is generally possible under conventional zoning district controls
and subdivision requirements. Further, these regulations are intended
to promote more economical use of land potential while providing a
latitude in building design, building placement, amenities and community
facilities of appropriate quality, oriented to the specific development
site characterized by special features of topography, shape or size,
and at the same time preserve the natural scenic qualities of the
open spaces and of Girard Township.
Planned residential developments (PRD) may be permitted by conditional use in Girard Township, subject to the restrictions, qualifications and requirements cited in this chapter, as enumerated herein below and consistent with Article
VII of the Pennsylvania Municipalities Planning Code. Provisions of this chapter and Chapter
174, Subdivision and Land Development, concerned with dwelling type, bulk, density and open space shall not be applied when planned residential development proposals are approved, except when specifically indicated by the provisions contained in this chapter or within the Pennsylvania Municipalities Planning Code.
The planned residential development provisions
of this chapter shall first be administered by the Girard Township
Planning Commission which shall review all applications on the basis
of specified standards, conditions, regulations and procedures and
shall make recommendations to the Board of Supervisors which shall
conduct public hearings and have final authority to approve, modify
or disapprove development plans.
The developer shall obtain required approvals
for PRDs by following a four-step review process, which shall consist
of an initial submission, a preliminary development plan, public hearings
and approvals, and a final development plan. The Planning Commission
shall review the initial submission and preliminary development plan
and make recommendations to the Board of Supervisors which shall hold
public hearings and make a decision on the final development plan.
A. Initial submission.
(1) Each applicant shall confer with the Girard Township
Planning Commission at a scheduled monthly meeting.
(2) A written statement of planning objectives to be achieved
by the applicant shall be included for discussion. The statement shall
include a description of the character of the proposed development
and the rationale behind the assumptions and choices made by the applicant.
Every application shall be based on and interpreted in relation to
the community development goals and objectives and Comprehensive Plan
for Girard Township.
(3) No formal requirement for plan or material submission
is established for the initial submission. However, the higher the
level of data the developer presents, such as sketch plans, land use
concepts, density ranges proposed, ancillary use proposals, site information,
existing perimeter conditions, access considerations and utility needs,
the more direction he will receive for guidance in preparing an acceptable
plan for local approval.
(4) No development plans shall be considered for formal
Planning Commission review until the initial submission has been made.
B. Preliminary development plan (application for tentative
approval). A preliminary development plan shall be presented in sufficient
detail to provide the Township Planning Commission with a major substantive
review of the proposed PRD. This step of approval process shall be
initiated by, or on behalf of, the developer, through the submission
of a formal application for tentative approval of a PRD to the Township
Planning Commission. The application shall be submitted no later than
14 days prior to the regular monthly meeting of the Planning Commission
at which the development plan is to be considered. The following documentation
shall be submitted in support of the application:
(1) Written documents:
(a)
The title under which the subdivision or land
development is to be recorded;
(b)
A legal description of the total site proposed
for development, including a statement of present and proposed ownership,
present and proposed zoning, and the names and addresses of all owners
of adjacent property;
(c)
A statement of planning objectives as detailed under §
200-65A(2).
(d)
A statement of the applicant's intentions with
regard to the future selling or leasing of all or portions of the
PRD, such as land areas, dwelling units, etc.;
(e)
Quantitative data for the following: total number
and type of dwelling units; parcel size; proposed lot coverage of
buildings and structures; approximate gross and net residential densities;
total amount of open space, including a separate figure for usable
open space; total amount of nonresidential construction; including
a separate figure for commercial or institutional facilities; economic
feasibility studies or market analysis where necessary; and other
studies as may be designated by the Planning Commission;
(f)
The name and address of the owner of the subdivision
or land development, or of his agent, if any, and of the subdivider
or developer;
(g)
The name and address of the engineer or surveyor,
together with his registration number and seal attached.
(2) Site plan and supporting maps. A site plan at a scale
no smaller than one inch equals 100 feet (except where total size
of PRD dictates a smaller scale) and any maps necessary to show the
major details of the proposed PRD shall contain the following minimum
information:
(a)
The existing site conditions, including contours
at a minimum interval of two feet up to ten-percent slope and a minimum
interval of five feet for over ten-percent slope, watercourse, floodplains,
unique natural features, and forest cover and other natural vegetation
considered significant by the Planning Commission and the Township
Engineer.
(b)
Proposed lot lines and plot designs. The plot
and property lines of the proposed plan to include their courses and
distances and the interior angles of their intersections with the
boundary lines of adjacent property.
(c)
The location and floor area size of all existing
and proposed buildings, structures and other improvements, including
maximum heights, types of dwelling units by code, density per type,
and nonresidential structures, including commercial facilities. All
structures shall be distinguished and identified on the plan by code.
Preliminary evaluations and/or architectural renderings of typical
structures and improvements shall be provided. Such drawings shall
be sufficient to relay the basic architectural intent of the proposed
improvements but should not be encumbered with final detail at this
stage.
(d)
The location and size in acres or square feet
of all areas to be conveyed, dedicated or reserved as common open
spaces, public parks, recreational areas, school sites and similar
public and semipublic uses. The form of organization proposed to own
and maintain the common open space.
(e)
The existing and proposed circulation system
of arterial, collector and local streets, including off-street parking
areas, service areas, loading areas and major points of access to
public rights-of-way, including major points of ingress and egress
to the development. Notations of proposed ownership, public or private,
should be included where appropriate. Detailed engineering drawings
of cross sections and street standards shall be handled in the final
development plan stage.
(f)
The existing and proposed pedestrian circulation
system, including its interrelationships with the vehicular circulation
system, including proposed treatments of points of conflict.
(g)
The existing and proposed utility systems, including
sanitary sewers, storm sewers and water, electric, gas and telephone
lines. If on-lot sewage disposal (septic tank) is to be utilized in
the development, the developer shall submit soil percolation tests
certified by the Municipal Sewage Enforcement Officer or by the Department
of Environmental Protection of the Commonwealth of Pennsylvania or
its successor, conducted in accordance with the provisions of the
Pennsylvania Sewage Facilities Act, rules and regulations. If water
is to be provided by means other than by private wells owned and maintained
by the individual owners of lots within the plan, the developer shall
present evidence to the Planning Commission that the plan is to be
supplied by a certified public utility, a bona fide cooperative association
of lot owners or by a municipal corporation, authority or utility.
A copy of a certificate of public convenience from the Public Utility
Commission, or an application for such certificate, a cooperative
agreement, or a commitment for agreement to serve the plan, whichever
is appropriate, shall be acceptable evidence.
(h)
A general landscape plan indicating the treatment
of materials used for private and common open space. The landscape
plan should be in general schematic form at this stage. A grading
plan is not required at this stage.
(i)
Enough information on land areas adjacent to
the proposed PRD to indicate the relationships between the proposed
development and existing and proposed adjacent areas, including land
uses, zoning classifications, densities, circulation systems, public
facilities and unique natural features of the landscape.
(j)
The proposed treatment of the perimeter of the
PRD, including materials and techniques used, such as screens, fences
and walls.
(k)
The substance of any covenants, grants, easements
or other restrictions to be imposed upon the use of lands or buildings
in the development.
(l)
Any additional information as required by the
Planning Commission necessary to evaluate the character and impact
of the proposed PRD.
(3) Projected scheduling of phases. In the case of development
plans which call for development over a period of years, a schedule
shall be provided showing the proposed times within which applications
for final approval of all sections of the PRD are intended to be filed.
This schedule shall be reviewed annually with the Planning Commission
by the developer on the anniversary of the tentative approval, until
the development is completed and accepted. It shall be the obligation
of the developer to request said reviews, in writing, within the thirty-day
period prior to the anniversary date of the tentative approval. The
time period between grant of tentative approval and application for
final approval shall not be less than 90 days, and, in the case of
developments to be carried out over a period of years, the time between
applications for final approval of each part of a plan shall be not
less than 12 months.
C. Public hearings and approvals.
(1) Within 60 days following the regular monthly meeting
of the Planning Commission, at which the application for tentative
approval of a PRD is officially reviewed, a public hearing pursuant
to public notice on said application shall be held by the Board of
Supervisors. The Chairman, or in his absence the Acting Chairman,
may administer oaths and compel the attendance of witnesses. All testimony
by witnesses at any hearing shall be given under oath, and every party
of record at a hearing shall have the right to cross-examine adverse
witnesses.
(2) A verbatim record of the hearing shall be caused to
be made by the governing body whenever such records are requested
by any party to the proceedings; the cost of making and transcribing
such a record shall be borne by the party requesting it, and the expense
of copies of such record shall be borne by those who wish to obtain
such copies. All exhibits accepted in evidence shall be identified
and duly preserved or, if not accepted in evidence, shall be properly
identified and the reason for the exclusion clearly noted in the record.
(3) The Board of Supervisors may continue the hearing
from time to time; provided, however, that in any event, the public
hearing or hearings shall be concluded within 60 days after the date
of the first public hearing.
(4) Approval or disapproval.
(a)
The Girard Township Board of Supervisors, within
60 days following the conclusion of the public hearing, shall, by
official written communication to the developer, either:
[1]
Grant tentative approval on the development
plan as submitted;
[2]
Grant tentative approval subject to specified
conditions not included in the development plan as submitted; or
(b)
Failure to so act within said period shall be
deemed to be a grant of tentative approval of the development plan
as submitted. In the event, however, the tentative approval is granted
subject to conditions, the developer may, within 30 days after receiving
a copy of the official written communication of the Board of Supervisors,
notify such body of his refusal to accept all said conditions, in
which case, the Board of Supervisors shall be deemed to have denied
tentative approval of the development plan. In the event the developer
does not, within said period, notify the Board of Supervisors of his
refusal to accept all said conditions, tentative approval of the development
plan with all said conditions shall stand as granted.
(c)
The Board of Supervisors in its official written
communication to the developer, a copy of which shall be submitted
to the Planning Commission, shall indicate not only its decision but
also findings of fact resolving:
[1]
The extent to which the development plan is
or is not consistent with the Girard Township Comprehensive Plan;
[2]
The extent to which the development plan departs
from zoning and the subdivision regulations otherwise applicable to
the subject property, and the reasons why such departures are or are
not deemed to be in the public interest;
[3]
The purpose, location and amount of the common
open space in the development plan and proposals for maintenance and
conservation of the common open space;
[4]
The merits of the physical design, including
the manner in which the design does or does not make adequate provisions
for public services, provide adequate control over vehicular traffic
and furthers the amenities of light and air, recreation and visual
enjoyment;
[5]
The relationship, beneficial or adverse, of
the proposed PRD to the neighborhood in which it is proposed to be
established; and
[6]
The adequacy of the terms and conditions governing
the development intended to protect the interests of the public and
the residents of the PRD if such development is carried out over a
period of years.
(d)
The Zoning Administrator of Girard Township
shall certify two copies of the official written communication. One
copy shall be retained by the Board of Supervisors and the other sent
to the developer via certified mail.
(e)
Tentative approval of a development plan, whether
conditional or unqualified, shall not qualify a plat of a PRD for
recording nor authorize development or the issuance of any building
or construction permits. Except for the terms specified by a tentative
approval, a tentative approval shall not be modified or revoked nor
otherwise impaired by action of the municipality pending the applications
for final approval, provided that the applications for final approval
are filed not later than 90 days after being granted tentative approval.
(f)
The approved tentative plan shall be submitted
to the Erie County Planning Commission for review and comments.
(g)
In the event that the development plan is given
tentative approval and thereafter, but prior to final approval, the
developer shall elect to abandon said development plan and shall so
notify the Secretary/Treasurer of Girard Township, in writing, or
in the event the developer shall fail to file application or applications
for final approval within the required period of time or times, as
the case may be, the tentative approval shall be deemed to be revoked
and all that portion of the area included in the development plan
for which final approval has not been given shall be subject to those
local ordinances otherwise applicable thereto.
D. Final development plan. After the preliminary development
plan is approved by the Planning Commission, the developer shall thereafter
submit detailed plans for any part or section of the land for which
he desires final approval. An application for final approval shall
be submitted to the Zoning Administrator of Girard Township at least
14 days prior to the regular Planning Commission meeting at which
the application is to be considered. The Planning Commission shall
review the detailed plans to determine if they comply with this section
and with the overall plan originally submitted by the developer and
shall make recommendations to the Board of Supervisors. No zoning
or building permit shall be issued until after approval by the Board
of Supervisors of the detailed plans for the section in which the
proposed development is located. Approval of any detailed plans shall
lapse unless more than token construction is started in this section
within one year. No legal or equitable conveyance of land or buildings
within the development may be made until the developer has complied
with all applicable ordinances.
(1) The application shall contain, for the areas for which
final approval is sought, all requirements of the proposed plan and
the written report necessary to obtain tentative approval, and in
addition:
(a)
Construction documents for the building of streets,
sidewalks, parking areas, sanitary sewer lines, water lines, storm
drainage systems, erosion and sedimentation control facilities and
recreation;
(b)
Letters from the public suppliers of water and
sewage disposal starting they will serve the development; or a letter
from the Pennsylvania Department of Environmental Protection of the
Commonwealth of Pennsylvania or its successors stating that the proposed
sewage disposal system and/or water supply system to be provided by
the developer meet the requirements of the Department and that the
Department has approved said plans and specifications;
(c)
Certificate from either the Department of Environmental
Protection of the Commonwealth of Pennsylvania or its successors or
the Erie County Conservation District stating that the erosion and
sedimentation control plan has been approved and that a permit has
been issued for earthmoving activity by the Department;
(d)
A certified performance bond, improvement bond,
or other security acceptable, to the benefit of the municipality in
which the development is located, the amount of bond equal to 110%
of the estimated cost for installation of all public improvements,
such amount to be established by the engineer designing the facilities
in cooperation with the Township Engineer. The Township Supervisors
may require the posting of financial security to secure the structural
integrity of any improvements consistent with standards authorized
by the Pennsylvania Municipalities Planning Code.
(e)
Any covenants and rights of easement, in the
form in which they will be filed as legal documents, affecting development;
and
(f)
A written description indicating changes made
in the tentative plan required to secure tentative approval.
(2) In
the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support thereof,
and as required by the official written communication of tentative
approval, the Board of Supervisors shall, within 45 days of such filing,
grant such development plan final approval.
(3) The
final development plan shall be deemed in substantial compliance with
the preliminary development plan, provided modification by the applicant
does not involve a change of any of the following:
(a)
Violate any provision of this section.
(b)
Vary the lot area requirement by more than 10%
of the amount specified on the approved preliminary development plan.
(c)
Increase the floor area proposed for nonresidential
use by more than 10% of the area specified on the approved preliminary
development plan.
(d)
Increase the total ground area covered by buildings
by more than 5% of the amount specified on the approved preliminary
development plan.
(4) Minor changes in the location, siting, and height
of buildings and structures may be authorized by the Board of Supervisors
without additional public hearings if required by engineering or other
circumstances not foreseen at the time the final plan was approved
and a positive recommendation is received from the Planning Commission.
No change authorized by this subsection may cause any of the following:
(a)
A change in the use or character of the development.
(b)
An increase in overall coverage of structures.
(c)
An increase in the intensity of use.
(d)
An increase in the problems of traffic circulation
and public utilities.
(e)
A reduction in approved open space.
(f)
A reduction of off-street parking and loading
space.
(g)
A reduction in required pavement widths.
(5) In the event the development plan as submitted contains
variations from the development plan given tentative approval, the
Board of Supervisors may refuse to grant final approval and shall,
within 45 days from the filing of the application for final approval,
so advise the developer, in writing, of said refusal, setting forth
in said notice the reasons why one or more of said variations are
not in the public interest.
(a)
In the event of such refusal, the developer
may either:
[1] Refile his application for final approval within 60 days without
the objectionable variations; or
[2] File a written request with the Board of Supervisors that it hold
a public hearing on this application for final approval.
(b)
If the developer wishes to take either such
alternate action, he may do so at any time within which he shall be
entitled to apply for final approval, or within 30 additional days,
if the time for applying for final approval shall have already passed
at the time when the developer was advised that the development plan
was not in substantial compliance. In the event the developer shall
fail to take either of these alternate actions within said time, he
shall be deemed to have abandoned the development plan. Any such public
hearing shall be held pursuant to public notice within 30 days after
request for the hearing is made by the developer, and the hearing
shall be conducted in the manner prescribed in this section for public
hearings on applications for tentative approval. Within 30 after the
conclusion of the hearing, the Board of Supervisors shall by official
written communication either grant final approval to the development
plan or deny final approval. The grant or denial of final approval
of the development plan, in cases arising under this subsection, shall
be in the form and contain the findings required for an application
for tentative approval.
(6) A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed within 15 days after grant of final approval in the office of the Erie County Recorder of Deeds before any development shall take place in accordance therewith. Unless the development plan or part thereof is so recorded, no construction shall commence on the project site. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Each structure in the development will require a separate building permit. Not later than the date on which the finally approved plan is recorded, the developer shall post with the Township the certified performance bond required by Subsection
D(1)(d) above.
(7) In the event that a development plan, or a section
thereof, is given final approval and thereafter the developer shall
abandon such plan or the section thereof that has been finally approved,
and shall so notify the Board of Supervisors in writing; or, in the
event the developer shall fail to commence and carry out the planned
development within the schedule projected and approved in the application
for tentative approval, or such amendment as subsequently mutually
agreed to by the developer and the Board of Supervisors, no development
or further development shall take place on the property included in
the development plan until the property or portion not yet developed
is reclassified by enactment of an amendment to this chapter, placing
it in an appropriate zoning district.
(8) If the sequence of construction of various portions
of the development is to occur in stages, then the open space and/or
recreational facilities shall be developed, or committed thereto,
in proportion to the number of dwelling units intended to be developed
during any given stage of construction as approved by the Board of
Supervisors. Furthermore, at no time during the construction of the
project shall the number of constructed dwelling units per acre of
developed land exceed the overall density per acre established by
the approved final development plan.
As a prerequisite to issuance of final approval,
the developer shall reimburse Girard Township for all expenses and
disbursements incurred by it in connection with the application. This
shall include, but not be limited to, fees and expenses of planners,
professional engineers and/or registered surveyors, building inspectors,
electrical engineers, traffic engineers, Township and community impact
studies, legal expertise, and such professional services as shall
be deemed necessary by the Girard Township Planning Commission and
the Board of Supervisors.