1. Pre-Application Consultation.
A. Prior to the preparation and submission of an Application for Tentative Approval, a Pre-Application Consultation meeting shall be held with the Township Planning Commission by the prospective Applicant for tentative approval. The purpose of the informal meeting is to discuss the general intent of the landowner, to consider relationships to the Township Comprehensive Plan and to outline the approval process and the specific requirements for Plan preparation and submission. No statement or representation of the Township Planning Commission shall be binding on the Township. A sketch plan shall be submitted showing at least the following information:
(1) Tract boundaries, acreage and north point.
(2) Streets on and adjacent to the tract.
(3) Significant natural features.
(4) Proposed general street layout, general land use pattern and general lot and building arrangement.
2. Application for Tentative Approval.
A. Fees.
(1) The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Council.
(2) An initial deposit in the amount of $1,000 shall be paid upon filing of the application to be applied against the expenses of processing the application.
(3) Additional deposits shall be made from time to time as requested by the Township Council, not to exceed actual expenses incurred by the Township.
(4) Expenses of processing and reviewing the application shall include the fees of the Township Solicitor, the Township Engineer and other services related to such processing and review, together with all other reasonable "out of pocket" expenses incurred by the Township.
(5) At the conclusion of the tentative application process, the landowner shall receive an itemized statement of receipts and expenditures; and the remaining deposit, if any, shall be returned to the landowner.
(6) Disputes regarding the deposit and review fees shall be resolved as provided by Pennsylvania Municipalities Planning Code, Section 503(1).
Ord. 285)
C. Required documentation shall include, but not be limited to materials illustrating the following information:
(1) The location, size and topography of the PRD site.
(2) The nature of the landowner's interest in the Planned Residential Development.
(3) The proposed land use areas within the PRD distinguishing between types of residential, non-residential and open space uses.
(4) The land use density of each land use within the PRD and the average gross residential density for the entire Planned Residential Development.
(5) The use and the approximate height, bulk and location of buildings and other structures.
(6) The location, function, size, ownership and manner of maintenance of the common open space.
(7) The location, rights-of-way and cartway widths of proposed streets and the location and capacity of areas for the parking of vehicles.
(8) The feasibility of proposals for sanitary sewerage, water supply and storm water disposition systems.
(9) The proposed location for all underground utility lines.
(a) The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and /or easements for common open space areas and public utilities and the legal form of provision thereof
(b) In the case of plans which call for development in stages, a schedule showing the approximate time within which application for final approval of each stage of the Planned Residential Development are intended to be filed and the approximate number of dwelling units, types of dwelling units and gross residential density for each type of dwelling unit planned for each stage. The schedule shall be updated annually on the anniversary of submission for tentative approval.
D. Application for tentative approval shall include the following plans and documents necessary in order for the Township Council to determine the adequacy of the proposals indicated above:
(1) A site map or maps at a scale of 1 inch equals 50 feet or 100 feet, delineating the hydrology, geology, soils, topography and vegetation of the site as explained in § 27-803(1). The combined impact of the natural features upon the development potential of each specific area of the site will be clearly illustrated on the map or maps. (Ord. 285)
(2) An impact analysis in accordance with § 27-803, "Site, Market and Impact Analysis, 3. Impact Analysis, shall be included in the application for tentative approval. (Ord. 285)
(3) A site plan at a scale of 1 inch equals 50 feet or 100 feet illustrating the following information: (Ord. 285)
(a) Contour lines at vertical intervals of not more than 2 feet for land with average natural slope of 15% or less and at intervals of not more than 5 feet for land with average natural slope exceeding 15%. (Ord. 285)
(b) Types and approximate location of all buildings.
(c) Function, right-of-way and cartway width and approximate location for all streets and proposed connections with the public street system. Approximate location and size of all parking areas.
(d) Approximate location of all common open space areas indicating size, nature of facilities, uses and structures, if any.
(e) Approximate location, size and material of all sanitary sewer water supply and storm drainage system lines and any proposed connection to existing public facilities.
(f) A plan at 1 inch equals 800 feet illustrating the relation of the proposed PRD to the surrounding area and all existing development within 1,000 feet of the PRD.
(g) In the case of plans which call for development in stages, a plan at 1 inch equals 100 feet delineating each stage or section of the PRD consecutively numbered so as to illustrate phasing of development.
(h) A written statement by the landowner setting forth the reasons why, in his opinion, the PRD would be in the public interest and would be consistent with the Township's Comprehensive Plan.
(i) One copy of every application for tentative approval received by the Township Council shall be promptly forwarded to the Hanover Township Planning Commission and one copy shall be promptly forwarded to the Joint Planning Commission Lehigh-Northampton Counties for study and recommendation as required by law. The Planning Commissions shall review and report upon the application to the Township Council within 30 days of such referral. One copy of each report of each Planning Commission shall be furnished to the landowner not less than 5 days before the appointed time of the public hearing provided for in § 27-808(3).
3. Public Hearings.
A. Within 60 days after the filing of a complete application for tentative approval of a Planned Residential Development pursuant to this Section, a public hearing pursuant to public notice on said application shall be held by the Township Council in accordance with the MPC, Section 908. The chair, or, in his/her absence, the acting chair, of the Township Council 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 witnesses. (Ord. 285)
B. A verbatim record of the hearing shall be caused to be made by the Township Council whenever such records are requested by any party to the proceedings; but 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.
4. Findings.
A. The Township Council shall, by official written communication to the landowner, within 60 days following the conclusion of the public hearing provided for in this Section or within 180 days following the filing of the application for tentative approval, whichever occurs first, either:
(1) Grant tentative approval of the development plan as submitted.
(2) Grant tentative approval subject to specified conditions not included in the development plan as submitted.
(3) Deny tentative approval to the development plan.
(Ord. 451)
B. Failure to so act within said period shall be deemed to be a grant to tentative approval of the development plan as submitted. In the event, however, that 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 Council notifying such agency of his refusal to accept all said conditions, in which case, the Township Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Township Council 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 shall set forth the reasons for the grant, with or without conditions, for the denial and said communication shall set forth with particularity in what respect 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 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 departures are or are not deemed to be in the public interest.
(3) The purpose, location and amount of the common open space in 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.
(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 the residents of the Planned Residential Development in the integrity of the development plan.
D. In the event a development plan in granted tentative approval, with or without conditions, the Township Council shall 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 period 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 rant of tentative approval and an application for final approval shall not be less than three months and, in 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.
5. Status of Plan After Tentative Approval.
A. The official written communications provided for in § 27-08(4)(B) shall be certified by the secretary of the Township Council and shall be filed in his office and certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the zoning map.
B. Tentative 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 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 for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.
C. In the event that a development plan is given approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Township Council in writing, or in the event the landowner shall fail to file 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 the may be amended from time to time and the same be noted on the zoning map and in the records of the secretary or clerk of the Township.
6. Application for Final Approval.
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, a section thereof. Said application shall be made to the Township Council and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.
B. The application for final approval shall include a final plan at a scale of 50 or 100 feet to the inch. If the final plan is drawn in two or more sections, a key map showing the location of the several sections shall be placed on each sheet. The final plan shall show the following: (Ord. 285)
(1) Name of the Planned Residential Development and the municipality or municipalities in which it is located.
(2) Name and address of the landowner and developer.
(3) North point, graphic scale and date.
(4) Source of title to the land of the development as shown by the books of the recorder of deeds.
(5) Accurate boundary lines, with dimensions and bearings, which provide a survey of the tract, closing with an error of not more than 1 foot in 10,000 feet.
(6) Total number of lots, lot lines and lot numbers, where applicable, within the development with distances accurate to the nearest hundredth of a foot.
(7) Total acreage of development, land uses in each area, total number of dwelling units, number of each type of dwelling unit, average gross residential density and gross residential density in each section.
(8) Building coverage lines accurately locating all types of dwelling units,and non-residential structures, giving dimensions of the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest hundredth of a foot.
(9) Accurate dimensions of common open space areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where common open space areas are to be developed, the exact location of structures in common open space areas will be illustrated.
(a) Names, locations, cartways, rights-of-way and other dimensions of existing and proposed streets including center line courses and curve data.
(b) Locations and dimensions of parking areas and pedestrians walkways.
(c) Location and material of all permanent monuments and lot markers.
(d) Location and dimensions of easements for utilities and any limitations on such easements.
(e) The following certificates:
1) Certification with seal, by a registered engineer or land surveyor to the effect that the survey and plan are correct.
2) Certificate for approval by the Township Council.
3) Certificate of dedication of streets, public facilities sites, or open space when such dedication is proposed.
(f) In the case of a Planned Residential Development proposed to be developed over a period of years, final plan requirements will apply only to the section for which final approval is sought. However, the final plan presented for the section to be developed must be considered as it relates to information regarding densities and types of dwelling units, location of common open space, sanitary sewer and water distribution system and street systems presented for the entire development in the application for tentative approval.
C. The final plan shall be accompanied by the following materials:
(1) Final drawings for the installation of all improvements based on sections § 27-804(4) through § 27-804 (7) of this Part and the applicable section of the Township Subdivision and Land Development Chapter. Final profiles and cross-sections for street, sanitary sewer, water supply and storm drainage system improvements shall be presented. Each system shall be illustrated on one or more separate sheets.
(2) Representative architectural drawings illustrating exterior designs of typical dwelling units of each type and nonresidential structures to be constructed. (Ord. 285)
(3) All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. These shall bear the certificate of approval of the Township Attorney as to their legal sufficiency.
(4) Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the final plan.
(5) Such certificates of approval by authorities as have been required in this Chapter including certificates approving the water supply system and the sanitary sewer system.
D. The Township Council shall render a final review and decision upon the plan.
7. Guarantee of Improvements. In order to guarantee the improvements as set forth in this Section and in the Township Subdivision and Land Development Chapter, to the extent to which it applies, the final plan will be accompanied by one of the following, which shall be posted, administered and released in accordance with MPC Sections 509 and 510: (Ord. 285)
A. A certificate from the applicant, signed by the Township Council that all improvements and installations in the development required by these regulations shall be made or installed in accordance with specifications; or,
B. A certificate from the applicant, signed by the Township Council that a bond, certified check, or other security satisfactory to the Township Council has been filed with the Township; or
C. A bond, certified check or other security satisfactory to the Township Council which shall:
(1) Run or be made payable to the Township.
(2) Be in an amount determined by the Township Council to be sufficient to complete the improvements and installation in compliance with these regulations.
(3) In the case of a bond, it shall also be with surety satisfactory to the Township Council and be in form, sufficiency and execution acceptable to the Township Council.
(4) The bond, certified check or other acceptable securities shall specify the time for the completion of the required improvements. Such time shall be satisfactory to the Township Council. When the improvements have been completed and approved by the Township Council, the guarantee shall be released and returned. As the required improvements progress and are approved by the Township Council, a portion of the bond, monies or other security commensurate with the cost of the improvement may be released and returned.
(5) In the event that cash or its equivalent is deposited as an improvement guarantee, it shall be held in an escrow fund.
8. Procedures After Application For Final Approval.
A. In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this Section and the official written communication of tentative approval, the Township Council shall, within 30 days of such filing, grant such development plan final approval.
B. In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township Council may refuse to grant final approval and shall, within 30 days from the filing of the application 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. In the event of such refusal, the landowner may either:
(1) Refile his application for final approval without the variations objected.
(2) File a written request with the Township Council that it hold a public hearing on his application for final approval. 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 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 Section for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Township Council 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 Part.
C. A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Township Council and shall be filed of record within 90 days after final approval has been granted in the office of the County 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 within the time periods provided by MPC, § 508(4), or such longer time periods allowed by the final approval 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. (Ord. 285)
D. 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 Council in writing; or, in the event the landowner shall fail to commence or carry out the Planned Residential Development or of that part thereof, within the time periods provided by MPC, § 508(4), or such longer time periods that may be allowed by the final approval, 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 re-subdivided and is reclassified by enactment of an amendment to the Township Zoning Chapter in the manner prescribed in the Zoning Chapter.
(Ord. 45, Z-§ 808, 5/12/76; by Ord. 285, 7/1/1992, §§ 19-25; and by Ord. 451, 10/20/2004, § 5)