Loading...
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)
1. The official written communication provided for in this Part shall be certified by the Township Secretary and shall be filed in his or her 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.
2. Tentative approval of a development plan shall not:
A. Qualify a plat of the planned residential development for recording.
B. Authorize development.
C. Authorize issuance of any building permits.
A development plan which has been given tentative approval (and provided that the landowner has not defaulted nor validated any of the conditions of the tentative approval) shall not be modified, revoked, or impaired by action of the Township without the consent of the landowner. However, application for final approval must be filed within the periods of time specified in the official written communication granting tentative approval.
3. Tentative approval shall be deemed to be revoked in the following instances:
A. In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner abandons the plan and notifies the Board of Supervisors in writing.
B. In the event the landowner fails to file application or applications for final approval within the required period of time or times.
4. Such development plan whose tentative approval was revoked and for which final approval was not given shall be subject to those local ordinances otherwise applicable and the same shall be noted in the records of the Township Secretary.
(Ord. 3/9/1993B, § 616)
1. 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 Secretary within the time or times specified by the official written communication granting tentative approval.
2. The application shall include all documents specified in § 27-608 and 27-612(D) of 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 part thereof shall not be required provided the development plan, or the part thereof submitted for final approval, is in compliance with the development plan given tentative approval.
3. 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 Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval.
4. 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 landowner in writing of its refusal and setting forth 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:
A. Refile the application for final approval without the variations objected.
B. File a written request with the approving body that it hold a public hearing on the application for final approval.
5. If the landowner wishes to take either such alternate action he may do so within the period of time to which he is 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 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 Part for public hearings on applications for tentative approval. Within 30 days 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 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.
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 recorded in the County Office of the Recorder of Deeds before any development shall take place. Upon the recording of the development plan, the zoning and subdivision regulations otherwise applicable shall cease to apply thereto. Upon final approval, the developer shall guarantee improvements and post financial security in accordance with § 22305 of the Township Subdivision and Land Development Ordinance [Chapter 22].
7. In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner abandons such plan or the section thereof that has been finally approved, and so notifies the Board of Supervisors in writing; or, in the event the landowner fails to commence and carry out the planned residential development within a reasonable time, no development or further development shall take place on the property included in the development plan until after the property is reclassified by enactment of an amendment to this Chapter in the manner prescribed for such amendments.
(Ord. 3/9/1993B, § 617)
Whenever a developer installs or causes to be installed any sewer lines or water lines, the developer shall, as soon as practicable after installations are complete, furnish the Township with a copy of a drawing that shows the exact location of such lines. Such drawings must be verified as accurate by the service provider. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such development.
(Ord. 3/9/1993B, § 618)
District justices shall have initial jurisdiction over proceedings brought under this Section. The enforcement remedies are as follows:
A. Any person, partnership or corporation, who or which has violated the planned residential development provisions of this Chapter, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township. No judgement shall commence or be imposed, levied or payable until the date of the determination of a violation by the district Justice. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgement pursuant to the appropriate rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district Justice determines otherwise. All judgements, costs, and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid to the Township.
B. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per them judgement pending a final adjudication of the violation and judgement.
C. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.
(Ord.3/9/1993B,§ 619)
PART 7
SIGN REGULATIONS
SIGN REGULATIONS
The following requirements apply to all signs.
A. Signs must be constructed of durable material and maintained in good condition.
B. No sign shall be maintained within the Township in such a state of disrepair or the appearance of complete neglect.
C. Whenever a sign becomes structurally unsafe or endangers the safety of the building or premise, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises that such sign be made safe or removed within 5 days.
D. Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply.
E. Each sign shall be removed when the circumstances leading to its erection no longer apply.
F. Signs may be interior lighted with non-glaring lights, or may be illuminated by floodlights or spotlights that are. shielded so there is no direct light transmitted to other properties or public rights-of-way.
G. No sign shall be of the intermittent flashing or rotating type.
H. All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.
I. Signs must be positioned so that they do not interfere with a clear sight triangle or create a traffic danger.
J. No loud, vulgar, indecent or obscene advertising matter shall be displayed in any manner.
K. No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.
L. No sign shall be permitted which is permanently attached to public utility poles or trees within the right-of-way of any street.
O. In cases where signage is required by a franchiser, the minimum required sign shall be permitted.
P. Any advertising sign on a premise must advertise goods/services which represent a significant portion of the business conducted at the site.
Q. Determination of Size. The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs, the space between the letters, figures and designs shall be included. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and at no point more than 3 feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal size.
(Ord. 319/1993B, § 700)
In addition to the general sign regulations listed in the preceding Section and specific sign requirements that appear in the supplementary uses section of this Chapter, the following sign regulations shall also apply to the specific case and maintenance standards listed below. In the event there is conflict between the provisions of this section and the particular supplementary use categories in Part 5, the supplementary use requirement shall apply.
A. Real estate sale-sold-rent-development signs when placed on the property to be sold, rented or developed.
(1) These signs shall not exceed 6 square feet in area for each 100 feet of frontage, and provided further that no sign shall exceed 24 square feet in area.
(2) All such signs shall be removed within 5 days after final transactions are completed.
B. Open House Signs.
(1) These signs shall not exceed 6 square feet in area, and no more than one such sign shall be permitted per open house.
(2) No such sign may be erected earlier than 7 days prior to the open house, and must be removed no later than 1 day after the conduct of the open house.
(3) Open house signs need not be located on the premises of the open house; however, no open house sign shall be located within any street right-ofway.
C. Temporary (Special Event) Signs and Banners.
(1) One such sign may be permitted per lot for 1 period not exceeding 30 days during any calendar year.
(2) Temporary signs shall be limited to a maximum 64 square feet in total sign area.
(3) Special event signs must be removed within 24 hours of the event.
D. Clinton County Fairground Signs.
(1) One sign may be erected on the roadway approach to the Fairgrounds, SR 2008, and may be used on a year-round basis for publicizing fairground related activities conducted at the site.
(2) The sign may be one- or two-sided.
(3) The size of said sign shall not exceed 100 square feet.
(4) The sign may be illuminated by overhead or base mounted incandescent lights.
E. Billboards.
(1) Billboards shall be permitted by special exception within the LI district.
(2) No billboard shall be located within 1,000 feet of another billboard.
(3) All billboards shall be a minimum of 50 feet from all side and rear property lines.
(4) All billboards shall be setback at least 35 feet from any street right-ofway lines.
(5) All billboards shall be setback at least 100 feet from any land within a residential district.
(6) No billboard shall obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification.
(7) No billboard shall exceed an overall size of 300 square feet, nor exceed 25 feet in height.
(Ord.3/9/1993B,§ 701)
Loading...