Loading...
1. All improvements for streets, driveways, utilities, landscaping, stormwater management, etc., unless otherwise excepted, shall be designed and constructed in conformance with the standards and requirements of the Subdivision and Land Development Ordinance of the Township [Chapter 22]. All such improvements shall be guaranteed under the provisions of that Chapter 22.
2. All development shall also conform to the sensitive environmental area requirements including the following provisions of Part 4 of the Subdivision and Land Development Ordinance [Chapter 22]:
§ 22-413 "Stream Corridor"
§ 22-414 "Hydrogeology"
§ 22-415 "Severe Soils"
(Ord. 3/9/1993B, § 608)
If water is to be provided by other than individual onsite systems (wells owned and maintained by the individual lot owners), the final plan must include evidence that the subdivision or development will be supplied by one of the following:
A. Certificated public utility.
B. A bonafide cooperative association of lot owners.
C. A municipal corporation, authority or utility.
Acceptable evidence of the above would include a copy of the certificate of public convenience from the Pennsylvania Public Utility Commission (PUC) or an application for such certificate, a cooperative agreement or commitment to serve the area in question, whichever is appropriate.
(Ord. 3/9/1993B, § 609)
A planned residential development may be constructed in phases if the following criteria are met:
A. The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required.
B. At least 15% of the dwelling units in the tentatively approved plan are included in the first phase.
C. The second and subsequent stages are completed consistent with the tentatively approved plan and in no stage contain less than 15% of the dwelling units receiving tentative approval.
(Ord. 3/9/1993B, § 610)
Enforcement and any modification of the development plan as finally approved shall be subject to the following:
A. The following provisions of the development plan shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law:
(1) The use, size and location of buildings and structures. (2) The quantity and location of common open space. (3) The density of residential units.
B. All other provisions of the development plan shall run in favor of the residents of the planned residential development in accordance with the terms of the development plan, whether recorded by plat, covenant, easement or otherwise. The provisions may be enforced at law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf. However, no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development unless those portions of the development plan have been finally approved and recorded.
C. Grants or easements relating to the service or equipment of a public utility may not be modified, removed or released by the Township except by written authorization of the utility.
D. All provisions of the development plan authorized to be enforced by the Township under this Section may be modified, removed or released, subject to the following conditions:
(1) No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this Section.
(2) No modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon findings by the governing body following a public hearing pursuant to public notice.
(3) Any modification removal or release of the development plan provisions shall:
(a) Be consistent with the efficient development and preservation of the entire planned residential development.
(b) Not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest:
(c) Not be granted solely to confer a special benefit upon any person.
E. Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this Section.
(Ord. 3/9/1993B, § 611)
Whenever a land development is permitted as a special exception or conditional use, the zoning approval shall be obtained first. The applicant can be spared expenditures of plan preparation in the event the zoning application is denied. Once the developer has filed the zoning application for the special exception or conditional use, no intervening change or amendment to the zoning, subdivision or other governing ordinance may adversely affect the development plan.
(Ord. 3/9/1993B, § 612)
1. The application for tentative approval shall be filed with the Township Secretary and shall be accompanied with payment of application fee.
2. Application for planned residential development and any subsequent modifications shall be approved by the Board of Supervisors after review and recommendation by the Township Planning Commission.
3. The Township shall forward applications to the County Planning Commission for review and recommendation.
4. Information to Be Submitted. Five copies of the plan shall be submitted consisting of the following:
A. A map showing the location, size and topography of the site.
B. A map showing sinkholes, sinkhole prone soils, and wetlands if any. C. The proposed density for each area of the site to be developed.
D. The use and the approximate height, bulk and location of buildings and other structures.
E. The location and size of the common open space and the form of organization proposed to own and maintain it.
F. Plans for Stormwater Management. See § 22-409 of the Subdivision and Land Development Ordinance [Chapter 22].
G. Plans for Sewage Disposal. See § 22-416 of the Subdivision and Land Development Ordinance [Chapter 22].
H. Plans for Water Supply. See § 22-417 of the Subdivision and Land Development Ordinance [Chapter 22].
I. The covenants, easements or other restrictions proposed to be imposed upon the use of the land and/or buildings, including proposed easements for public utilities.
J. The provisions for parking of vehicles and the location and width of proposed streets and public ways.
K. The required modifications in the municipal land use regulations otherwise applicable to the subject property.
L. In the case of plans which call for development over a period of years, a schedule showing the proposed times for final approval application of all sections of the planned residential development are intended to be filed. This schedule must be updated annually, until the development is completed.
5. Landowner Statement. The application for tentative approval of the 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 Township Comprehensive Plan. The statement shall also state the landowner's interest in the land (whether an option, outright ownership, etc.).
6. In Lieu of Procedures. The application for and tentative and final approval of a development plan for a planned residential development prescribed in this Part shall be in lieu of all other procedures or approvals otherwise required pursuant to this Chapter and the Subdivision and Land Development Ordinance [Chapter 22] of the Township, unless otherwise referenced.
(Ord. 3/9/1993B, § 613)
1. Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this Part, a public hearing pursuant to public notice shall be held by the Board of Supervisors in the manner prescribed for an amendment to this Chapter.
2. The Board of Supervisors may continue the hearing from time to time, and where applicable, refer the matter back to the Planning Commission for a report; however, the public hearing process shall be concluded within 60 days after the date of the first public hearing.
3. The Township may offer a mediation option as an aid in completing proceedings authorized by this Section and by subsequent sections in this Part prior to final approval by the Board of Supervisors.
(Ord. 3/9/1993B, § 614)
1. Within 60 days following the conclusion of the public hearing, the Board of Supervisors shall by official written communication, to the landowner, either:
A. Grant tentative approval of the development plan as submitted.
B. Grant tentative approval subject to specified conditions not included in the development plan as submitted.
C. Deny tentative approval to the development plan.
2. Failure to so act within the 60 day period shall be deemed to be a grant of tentative approval of the development plan as submitted.
3. In the event, however, that tentative approval is granted subject to conditions, the landowners may, within 30 days, notify the Board of Supervisors of his refusal to accept the conditions. In this case, the Board shall be deemed to have denied tentative approval of the development plan. In. the event the landowner does not, within 30 days, notify the Board of Supervisors refusal to accept all said conditions, tentative approval of the development plan, with all conditions, shall stand as granted.
4. 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:
A. Those respects in which the development plan is or is not consistent with the Township Comprehensive Plan.
B. 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 ate not deemed to be in the public interest.
C. 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.
D. 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 of vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
E. The relationship, beneficial or adverse, of the proposed planned residential development to the surrounding area.
F. 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.
5. When a development plan is granted tentative approval, the Board of Supervisors 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 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 file. Except upon the consent of the landowner, the time between grant of tentative approval and an application for final approval shall not be less than 3 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.
(Ord. 3/9/1993B, § 615)
Loading...