Loading...
(a) (1) The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Secretary. If the applicant is not the landowner, the executed consent of the landowner or evidence of the applicant’s legal authority to make such an application shall be so filed. The application for tentative approval shall include all plans, documents, papers and submissions proving compliance with all of the standards of this chapter. The Board of Commissioners may require such additional documentation as needed to aid them in the review of the application and accompanying papers.
(2) Application for tentative approval shall include, but not be limited to, the following documents:
A. A statement indicating the nature of the applicant’s and the landowner’s interest in the project;
B. A written statement by the applicant setting forth the reasons why the project would be in the public interest and would be specifically consistent with the Comprehensive Plan’s goals and objectives and its recommendations for land use, community facilities and utilities, circulation and other matters therein recommended;
C. A map indicating the location and size of the property and its relationship to surrounding properties, such map to be drawn at a scale of one inch equals 800 feet and showing all streets, roads, Municipal boundaries, subdivisions, adjoining properties and designated open space within 2,500 feet of any part of the tract. In the case of development of a section of the entire tract, the key map shall show the relationship of the section to the entire tract;
D. A plan at a scale of one inch equals 100 feet delineating the topography of the tract. Such plan shall be based on a physical survey and shall contain contours with two-foot intervals and shall accurately and conspicuously depict slopes from 0% to 8%, 8% to 15%, 15% to 25% and greater than 25%;
E. A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the vegetation of the tract. Such plan shall depict the location of all trees 12 inches in caliper and greater;
F. A plan at a scale of one inch equals 100 feet delineating the drainage characteristics of the tract. Such plan shall accurately and conspicuously depict, delineate and otherwise note in graphic fashion all perennial and intermittent streams and watercourses and their watersheds, as well as flood-prone and flood hazard areas;
G. A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the soils of the tract. Such plan shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed development and the tract;
H. A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the proposed use areas by type, size, location and gross density;
I. A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the location, use, height, bulk and location of buildings and other structures, and the location of streets, rights-of-way, cartways, parking areas and other improvements;
J. A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion common open space. Such plan shall depict the location, function and size of common open space areas and any existing natural and cultural features comprised within the common open space. In addition, the plan shall include any facilities or structures proposed. Accompanying the plan shall be a statement indicating the proposed means for ownership and maintenance of the common open space;
K. A detailed report indicating the feasibility and capability for operation and maintenance of water supply systems, sanitary sewage systems, stormwater systems and other utility systems. Such a report shall indicate the following.
1. With regard to water supply, there shall be an objective description of the ability of achieving a safe and efficient water supply system. The description shall reference geologic and hydro-geologic data relative to groundwater conditions, realistic potential yields and quality. In addition, the description shall indicate the demand by type of use for water from the proposed development and its related uses and users.
2. With regard to sanitary sewage disposal, there shall be an objective description of the ability of achieving a safe and efficient system for sewage disposal. The description shall indicate all proposed measures and methods for conveying and treating the sewerage and the sizes of all pipes and direction and quantities of flow anticipated from the development, as well as all connections which will be required to tie into existing sanitary sewers.
3. Assurance of the availability of safe and efficient public water and public sewer facilities shall be reported. Such assurance shall include letters signed by an officer of the company or authority concerned, indicating its ability and willingness to provide such service within the timetable proposed for the development, including a statement of maintenance responsibilities and rates and charges for service.
4. With regard to stormwater systems, there shall be an objective description of the ability of achieving a safe and efficient stormwater management system. Such report shall be in complete conformance with the township subdivision regulations.
L. A detailed plan illustrating all connections to existing public utilities, streets and rights-of-way, accompanied by documentation as to the impact of the proposed development on said public utilities, streets and rights-of-way;
M. A plan illustrating phasing, including a time schedule for all on-site and off-site improvements to be offered for dedication for public use which may be modified from time to time with approval of the Board of Commissioners;
N. A fully detailed soil erosion and sedimentation control plan;
O. A fully detailed grading plan, at a scale of one inch equals 100 feet, accurately and conspicuously delineating proposed contours at intervals of two feet;
P. A fully detailed landscaping plan, at a scale of one inch equals 100 feet, wherein existing and proposed plant materials are accurately and conspicuously differentiated, delineated, depicted or otherwise noted in a graphic fashion, and a plant list with botanical and common names as well as notations for the quantities and sizes of all proposed plant materials;
Q. A written report indicating the proposed methods and measures to be undertaken for energy conservation and the effective utilization of renewable energy resources;
R. The documents containing covenants, grants of easements or other restrictions to be imposed upon the use of land, buildings and structures, including proposed grants and/or easements for utilities and the like;
S. An environmental impact assessment report;
T. In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the project are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval;
U. A report which shall accompany the application and which shall, insofar as possible, indicate compliance with the provisions set forth for documentation herein; and
V. All other requirements for a preliminary plan as set forth in the latest adopted township subdivision regulations.
(b) The nine copies of every application for tentative approval shall be distributed for review and report to the following:
(1) Township Engineer, one copy;
(2) Building Inspector, one copy;
(3) Township file, one copy;
(4) Township Planning Commission, three copies; and
(5) County Planning Department, three copies.
(c) (1) One copy of the reports of the respective planning commissions shall be furnished to the applicant upon receipt by the Board of Commissioners.
(2) The applicant, the Board of Commissioners, the Township Planning Commission and the Delaware County Planning Department may consult informally concerning the project for the proposed PRD District prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the official review agency or of the planning agencies shall be binding upon the township.
(Ord. 896, passed 12-21-2011)
(a) Within 60 days after the filing of an application for tentative approval of a project pursuant to this chapter, a public hearing pursuant to the public notice on said application shall be held by the Board of Commissioners in the manner provided by this Zoning Code for the enactment of an amendment. The Chairperson, or in his or her absence, the Acting Chairperson, of the Board of Commissioners 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.
(b) A verbatim record of the hearing shall be caused to be made by the Board of Commissioners. Whenever such records are requested by any party to the proceedings, the cost of transcribing such a record shall be borne by the party requesting it and the expenses 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.
(c) The Board of Commissioners may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(Ord. 896, passed 12-21-2011)
(a) (1) The Board of Commissioners, within 60 days following the conclusion of the public hearing(s) provided for in this chapter, shall by official written communication to the applicant either:
A. Grant tentative approval of the development plan submitted;
B. Grant tentative approval subject to specified conditions not included in the development plan as submitted; or
C. Deny tentative approval to the development plan.
(2) Failure to do so within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the applicant may, within 30 days after receiving a copy of the official written communication from the Board of Commissioners, notify the Board of Commissioners of his or her refusal to accept all said conditions, in which case, the Board of Commissioners shall be deemed to have denied tentative approval of the development plan. In the event the applicant does not, within said period, notify the Board of Commissioners of his or her refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
(b) 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 shall 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) Those respects in which the development is or is not consistent with the Multi-Municipal Comprehensive Plan for Aston, Upper Chichester and Lower Chichester Townships and 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 purpose, location and amount of the common open space in the 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 proposed systems for sanitary sewers, water supply, stormwater control and soil erosion and sedimentation control, and the manner in which said proposals adequately or inadequately address the construction, operation and maintenance of such systems;
(5) 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 and pedestrian traffic, and further the amenities of light and air, recreation and visual enjoyment;
(6) The relationship, beneficial or adverse, of the proposed development to the neighborhood in which it is proposed to be established; and
(7) 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 development in the integrity of the development plan.
(c) In the event a development plan is granted tentative approval, with or without conditions, the Board of Commissioners 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 Board of Commissioners, the time so established between the grant of tentative approval and application for final approval shall be not less than three months nor more than one year and, in the case of development over a period of years, the time between applications for final approval of each part of the plan shall be not less than 12 months nor more than 18 months.
(Ord. 896, passed 12-21-2011)
Loading...