A.
The provisions of this article are enacted for the
following purposes:
(1)
To respond to increasing urbanization and the growing
demands for housing of various types and designs.
(2)
To encourage innovations in residential development
and renewal so that the growing demand for housing may be met by greater
variety in type, design and layout of dwellings and by the conservation
and more efficient use of open space ancillary to said dwellings.
(3)
To encourage more efficient allocation and maintenance
of open space for conservation and active and passive recreation.
(4)
To provide greater opportunities for better housing
and recreation for all who are or will be residents of the Township.
(5)
To encourage a more efficient use of land and public
services and to reflect changes in the technology of land development
so that the economics so secured may inure to the benefit of those
who require housing.
(6)
To encourage sensitive land development which will
respect and conserve such natural features and resources of the land
as floodplain and flood-prone areas, important farmlands, steep and
very steep slopes, watercourses and water bodies, groundwater and
aquifer recharge areas, forested areas, terrestrial and aquatic wildlife
habitats, historic and cultural sites, visual resources and other
features of importance to the vitality of natural and cultural resources.
(7)
To provide a procedure which can relate the type,
design and layout of residential development to the particular site
and to the particular demand for housing existing at the time of development
in a manner consistent with the preservation of the property values
within existing residential areas and to assure that the increased
flexibility of regulations over land development established hereby
is carried out pursuant to sound, expeditious and fair administrative
standards and procedures.
The administration of the procedures concerning
the application for and approval of planned residential developments
(PRD) shall be vested solely in the Township Council. However, all
applications for tentative and final approval of plans for such developments
first shall be referred to the Delaware County and Middletown Township
Planning Commissions for their review and comment.
No application for planned residential development
shall be submitted, considered or approved unless the following conditions
are met:
A.
Any tract of land proposed for development shall be
in one ownership or in case of multiple ownership and/or several parcels,
evidence shall be presented of a written agreement between the parties
and owners involved that development will be in accordance with a
single plan with common authority and common responsibility.
B.
All ownership interests in any tract or in any adjacent
tract shall be disclosed in the tentative and final plans.
C.
The development will be served by public sewer and
public water systems, which shall be constructed and operational,
and having the assured capacity to serve the development at the time
occupancy of the structures in the development begins; and the feasibility
for such construction and operation shall be demonstrated to the satisfaction
of the Township Council at the time of the application for tentative
plan approval, except that:
(1)
Single-family detached dwellings on lots of one acre
or more may be served by an on-lot water supply system.
D.
The tentative and final plans shall provide a time
schedule within which the owner or owners agrees to develop said land
according to the plans submitted.
E.
In order to qualify under this chapter as a planned residential development (PRD), said development shall provide for a minimum of 70 acres of land. To achieve a sound relationship among components of the development, all lands in the proposed development shall be reasonably compact. If any portion of such tract is divided by an existing street or other public way from the remainder of the tract, the density requirements of § 275-54 shall be applied to each of the segments of land so divided, provided that this requirement may be modified by the Township Council on recommendation by the Planning Commission in any case where such modification is determined to be in the best interests of the Township.
A building may be erected, altered or used and land may be used or occupied, subject to the provisions of Articles XXIX and XXX, for any of the following uses and no other:
A.
C.
Conditional uses.
(1)
Cultural, religious or charitable uses.
(2)
Private club for recreation, provided that the principal
activity shall not be one which is customarily conducted as a business.
(3)
Communications antennas mounted on an existing public
utility transmission tower, building or other structure, and communications
equipment buildings.
The maximum height of dwellings and other structures erected, enlarged or used shall be 35 feet, except as provided in Article XXXIII.
A.
The gross density shall not exceed that of the underlying
zoning district.
B.
Not less than 50% of the total area of the property shall be designated as and devoted to common open space, subject to the provisions in Article XXXV.
C.
No less than 40% of the total number of dwelling units
shall be single-family detached dwellings.
D.
No less than 10% of the total number of dwelling units
shall be single-family attached dwelling units.
E.
In the case of a planned residential development (PRD)
proposed to be developed over a period of time and in stages, a variation
in the density of a stage to be developed may be permitted by the
Township Council, subject to the condition that the density and uses
as defined in this chapter and as shown on the final plan which is
approved by the Township Council shall not be changed thereafter if
the entire tract is not developed at one time and is developed in
stages.
[Amended 1-8-1990 by Ord. No. 461]
In addition to the setback requirements in § 275-56, the following shall apply:
A.
Where single-family detached dwelling units are proposed, the area and bulk regulations of § 275-26B(2) related to the R-2 District shall apply.
In addition to the design standards in Chapter 210, Subdivision and Land Development, the performance standards in the open space provisions and the standards of § 275-38, the following shall apply:
A.
General standards.
B.
Stormwater control.
(1)
The storm drainage system for a PRD shall be designed
and constructed so as to minimize erosion and flooding, using as necessary,
drainage easements, swales, catchment basins, silt traps and the design
of cartways so as to minimize runoff.
(2)
Where existing storm sewers are deemed by the Township
Council as being accessible, the Council may require that the proposed
development connect therewith.
(3)
All stormwater management design standards shall be in accordance with the provisions for design standards and required improvements embodied in Chapter 210, Subdivision and Land Development, as may be amended from time to time.
(4)
Storm sewer systems for the development shall be designed,
constructed and shall operate and be readily capable of being maintained
to prevent concentration of stormwater runoff on adjacent developed
or undeveloped properties and streets and other areas of impervious
surface.
(5)
The design and construction of all storm drainage
facilities and storm sewer systems shall be subject to the approval
of the Township Engineer.
C.
Soil erosion and sedimentation control.
(1)
Plans submitted for any PRD development shall conform to the guidelines for minimizing erosion and sedimentation as set forth in the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection prepared by the State Conservation Commission and Bureau of Water Quality Management and the USDA Natural Resources Conservation Service, as amended. In developing a plan for the control of erosion and sedimentation, the developer shall meet as a minimum the standards and specifications outlined in the aforementioned manual, as well as the standards set forth in Appendix C of the Erosion and Sediment Control handbook of the Delaware County Soil and Water Conservation District and those in Chapter 210, Subdivision and Land Development.
D.
Other environmental controls.
(1)
In addition to the controls presented in the above subsections herein, all development in a PRD shall be governed by the environmental controls set forth in Article XXXIII, § 275-207 pertaining to such matters as noise, vibration, storage, glare and heat, fire and explosion and traffic control; and all plans, documents and other submissions in regard to any approval sought shall demonstrate compliance herewith to the Township Council.
E.
Streets and pathways.
(1)
The street system of the planned residential development
shall be designed so as to relate harmoniously with land uses within
and adjacent to the development through the establishment of a hierarch
of roadway functions which includes internal collector and local streets;
to create a separation of automobile and pedestrian traffic through
the coordinated design of streets, dwelling units, common open space
areas and pedestrian walkways; and to create efficient and safe connections
with the existing road system of the municipality in order to insure
proper ingress and egress to and from the PRD and to minimize through
traffic in residential areas.
(2)
In order to separate automobile and pedestrian circulation
and to increase accessibility to common open space areas, pedestrian
walkways shall be provided unless the Township Council determines
that they are not necessary.
F.
Parking.
(1)
All provisions in Article XXXI shall apply. However, in the case of apartments with three or more bedrooms, 2 1/2 parking spaces for each such unit shall be provided.
(2)
Off-street parking spaces shall not be less than nine
feet in width and 18 feet in depth. However, 5% of the spaces shall
not be less than 12 feet in width and 20 feet in depth and shall be
reserved for the handicapped and so marked with an appropriate symbol.
(3)
Where parking spaces are grouped in lots, aisles at
least 25 feet in width shall be provided.
(4)
Where parking spaces are grouped in lots, aisles at
least 25 feet in width shall be provided.
(5)
No more than 60 parking spaces shall be accommodated
in any single parking area.
(6)
All off-street parking and/or loading areas shall
be surfaced with an asphaltic or portland cement pavement.
G.
Lighting.
(1)
All streets, off-street parking areas and areas of
intensive pedestrian use shall be adequately lighted. All such lighting
shall be designed and located so as to direct light away from adjacent
residences.
H.
Buffer area.
(1)
There shall be a buffer area between any building and the boundary line of such a planned residential development (PRD) or the right-of-way line of any abutting roadway. The buffer area shall be in accordance with Article XXXIV.
(2)
No building shall be placed within 150 feet of any
such line. Any such buffer area shall be in addition to the yard area
of any building abutting any boundary or right-of-way; provided, however,
that the dimensions of the buffer are may be reduced to less than
150 feet in any case in which the full width of such buffer is determined
to be unnecessary because of existing vegetation, topography, man-made
barriers or other natural screening, but in no case less than 100
feet.
I.
Tree conservation and landscaping.
(1)
Existing trees shall be preserved wherever possible.
The protection of trees 12 inches or more in caliper (measured at
a height 4 1/2 feet above the original grade) shall be a factor in
determining the location of common open space, structures, underground
utilities, walks and paved areas. Areas in which trees are to be preserved
shall remain at original grade level and in an undisturbed condition.
(2)
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, landscaping shall be regarded as an essential feature of the PRD. In these cases, extensive landscaping shall be undertaken in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of the dwelling units in accordance with Article XXXIV.
(3)
Street trees shall be provided along all internal
collector and local streets. No less than two four-inch-caliper trees
shall be provided for each fifty-foot increment of street, wherein
one tree shall be placed on each side of said street increment.
(4)
A landscaped buffer planting strip of 20 feet in width
shall be provided along all perimeter property lines, except at points
of vehicular ingress and egress and on pedestrian access ways.
An applicant may propose to develop the PRD
District project in stages and the Township Council may approve same
if the following criteria are met:
A.
The application for tentative approval covers the
entire planned residential development and shows the location and
time of construction for each stage in addition to other information
required by this chapter.
B.
At least 35% of the dwelling units in the plan given
tentative approval are included in the first stage.
C.
The second and subsequent stages are completed consistent
with the tentatively approved plan and are of such size and location
that they constitute economically sound units of development. In no
event shall such stages contain less than 25% of the dwelling units
receiving tentative approval.
D.
In no case shall work on the current stage area include
stripping or disturbance of woodland and forest or soils of any area
set aside for later stages.
E.
All improvements within the particular stage shall
be completed contemporaneously with the completion of construction
of the dwellings of the stage.
F.
Any plans and other documents required by the Township
Council to depict all of the foregoing and the limits thereof are
submitted to, and approved by, the Township Council.
Refer to Article XXXV, Open Space Provisions.
The application for tentative approval shall
be executed by or on behalf of the landowner and filed with the Township
Manager. 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. An initial deposit in
the amount of $1,000 to be applied against expenses associated with
the processing and review of the application shall be paid upon filing
the application. Additional deposits shall be made from time to time
as requested by the Township to cover costs in reviewing and administering
the application, not to exceed actual expenses. Seventeen copies of
the application shall be submitted to the Township Manager for various
required reviews. The application for tentative approval shall include
all plans, documents, papers and submissions proving compliance with
all the standards of this article. The Township Council may require
such additional documentation as needed to aid them in review of the
application and accompanying papers.
A.
Application for tentative approval shall include,
but not be limited to, the following:
(1)
A statement indicating the nature of the applicant's
and the landowner's interest in the project.
(2)
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.
(3)
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.
(4)
A plan at a scale of one inch equals 100 feet delineating
the topography of the tract. Such plan shall contain contours with
at least two-foot intervals; and shall accurately and conspicuously
depict slopes from 0% to 8%, 8% to 15%, 15% to 25% and greater than
25%.
(5)
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.
(6)
A plan at a scale of one inch equals 100 feet accurately
and conspicuously 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.
(7)
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.
(8)
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.
(9)
A site 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 streets, rights-of-way, cartways, parking areas and other improvements.
(10)
A plan at a scale of one inch equals 100 feet
accurately 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.
(11)
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:
(a)
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
hydrogeologic 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.
(b)
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.
(c)
Assurance of the availability of safe and efficient
public water and public sewer facilities shall also 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.
(12)
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.
(13)
A site plan illustrating phasing, including
a time schedule for all on-site and off site improvements may be modified
from time to time with approval of the Township Council.
(14)
A fully detailed soil erosion and sedimentation
control plan.
(15)
A fully detailed grading plan at a scale of
one inch equals 100 feet accurately and conspicuously delineating
proposed contours at intervals of at least two feet.
(16)
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.
(17)
A written report indicating the proposed methods
and measures to be undertaken for energy conservation and the effective
utilization of renewable energy resources.
(18)
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.
(20)
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.
(21)
A report accompanying the application shall,
insofar as possible, indicate compliance with the provisions set forth
for documentation herein.
B.
Seven copies of every application for tentative approval
received by the Township Manager shall be promptly forwarded to the
Township Planning Commission and one copy of each application to the
Natural Resources Conservation Service for its recommendation. The
Township Planning Commission and the Delaware County Planning Department
shall review and report upon the application to the Township Council.
One copy of the reports of the respective planning commissions shall
be furnished to the applicant upon receipt by the Township Council.
C.
The applicant, the Township Council, 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 be binding upon the Township.
A.
Within 60 days after the filing of an application
for tentative approval of a project pursuant to this article, a public
hearing pursuant to the public notice on said application shall be
held by the Township Council in the manner provided by this chapter
for the enactment of an amendment. The Chairman or, in his absence,
the Acting Chairman 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 adverse witnesses.
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, 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 Township Council 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.
A.
The Township Council 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.
(1)
Grant tentative approval of the development plan submitted;
(2)
Grant tentative approval subject to specified conditions
not included in the development plan as submitted; or
(3)
Deny tentative approval to the development plan. 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 of the Township Council, notify the Township Council
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 applicant 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.
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 of the following:
(1)
Those respects in which the development 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 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 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 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.
(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 that a development plan is granted tentative
approval, with or without conditions, the Township Council 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 Township Council, the time so established between
the grant of tentative approval and the 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.
[Amended by 1-8-1990 by Ord. No. 461]
A.
The official written communication provided for in § 275-61 of this article shall be certified by the Secretary of the Township Council and shall be filed in his/her office, and a certified copy shall be mailed to the applicant. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and the same shall be noted on the Zoning Map.
B.
Tentative approval of a development plan shall not
qualify a plot for recording nor authorize development or the issuance
of any building permits. A development plan which has been given tentative
approval as submitted or which has been given tentative approval with
conditions which have been accepted by the applicant (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 applicant, provided
that an application for final approval is filed or, in the case of
development over a period of years, provided that 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 tentative
approval and thereafter, but prior to final approval, the applicant
shall elect to abandon said development plan and shall so notify the
Township Council, in writing, or in the event that the applicant shall
fail to file an 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, as they may be amended from time to time, and
the same shall be noted on the Zoning Map and in the records of the
Township Manager.
[Amended by 1-8-1990 by Ord. No. 461]
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 as in § 275-61 or as otherwise mutually agreed upon between the applicant and the Township Council and set forth, in writing, by the Township Council. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held. The application for final approval shall consist of a plan or plans and accompanying documents which shall show and shall include the following information:
A.
The plan. The final plan shall be prepared in accordance with Chapter 210, Subdivision and Land Development. All plans shall be drawn at a scale not smaller than one inch equals 50 feet. They shall be clear and legible blue-line or black-line prints and shall include at least the following information:
(1)
The development name or identifying title.
(2)
The municipality in which the development is located.
(3)
North point, scale and date.
(4)
The name of the record owner of the tract and developer.
(5)
The name and seal of the registered professional engineer,
landscape architect, land planner, architect or surveyor responsible
for the plan.
(6)
Boundaries of the tract determined by accurate survey
in the field which shall be balanced and closed with an error of closure
not to exceed one foot in 10,000.
(7)
Property lines within the development.
(8)
Lot areas to 1/1,000 of an acre.
(9)
Street lines, lot lines, rights-of-way, easements
and areas dedicated to or proposed to be dedicated to public use.
Profiles for all streets and for proposed sanitary and storm sewer
mains, inlets and manholes and the location of all utilities.
(10)
The length of all straight lines, radii, lengths
of curves and tangent bearings for each street.
(11)
All dimensions and angles or bearings of the
lines of each lot and of each area proposed to dedicated to public
use.
(12)
The designation of common open space including
the area contained therein.
(13)
Location, grades, length and width of all private
driveways and all parking facilities and type of paving and other
surface to be used therefor.
(14)
Names proposed to be given to all streets.
(15)
Location of all structures.
(16)
Number of lots.
(17)
Number of dwelling units by type and, where
applicable, the number, location and square footage of areas to be
devoted to nonresidential use.
(18)
Architectural drawings, floor plans and elevations
to scale of all buildings, said drawings to bear the seal of the architect
who has prepared same.
(19)
Total property area of the entire development
tract and, in the case of development in sections, the size of the
section for which plans are submitted.
(20)
All permanent monuments.
(21)
A final grading plan, including existing and
proposed contours at vertical intervals of at least two feet, the
lines thereof to be conspicuously distinguishable.
(22)
All existing watercourses, tree masses and other
significant natural features, including all trees 12 inches in caliper
or greater to be retained and/or to be removed.
(23)
A final soil erosion and sedimentation control
plan.
(24)
A final landscaping plan, wherein existing and
proposed plant materials are differentiated, a final plant list indicating
the types, quantities and sizes of the proposed plant materials and
typical planting details for tree planting and staking, shrub planting
and the like.
(25)
A final environmental impact assessment report.
B.
The documentation. The application for final approval
shall also be accompanied by:
(1)
Copies of deed restrictions and/or easements, if any
and other documents relating to title, use or occupancy.
(2)
Copies of permits obtained: under authority of statutes
of the Commonwealth of Pennsylvania and/or the County of Delaware
regarding the provision for construction, operation and maintenance
of the proposed sanitary sewer system, water supply system, soil erosion
and sedimentation control system; and highway occupancy system.
(3)
An affidavit that the applicant is the owner of the
land proposed to be developed, or has been authorized by the landowner
to be the applicant, supported by a copy of the written authority
therefor.
(4)
Offers of dedication and covenants and other documents
governing the reservation and maintenance of undedicated open space,
provided that all such offers of dedication and covenants shall bear
the certificate of approval of the Township Solicitor as to their
legal sufficiency and compliance herewith.
(5)
Copies of the homeowner's agreements for common open
space not to be offered for dedication to the Township.
(6)
A statement duly acknowledged before an officer authorized
to take acknowledgement of deeds and signed by the owner or owners
of the property to the effect that the development as shown on the
application for final approval is made with his or their free consent
and that it is desired to record the application and accompanying
documents upon their approval.
(7)
Whenever a developer proposes to establish a street
which is not offered for dedication and not required to be offered
for dedication, he shall submit a copy of statements cosigned by the
Township Solicitor that he has made an agreement on behalf of his
heirs and assigns with the Township. Said agreement shall be subject
to the Township Solicitor's approval and shall be recorded with the
plan. Said agreement shall establish the condition under which the
streets may later be offered for dedication and stipulate among other
things:
(a)
That the street shall be in a good state of
repair as certified by the Township Engineer, or that the owner or
owners of the lots along it agree to include with the offer of dedication
sufficient money, as estimated by the Township Engineer, to restore
the street to conform with Middletown Township design standards.
(b)
That an offer to dedicate the street shall be
made only on the street as a whole.
(c)
That the method of assessing repair costs shall
be stipulated.
(d)
That, where applicable, agreement to offer the
street for dedication by the owners of 60% of the lots shall be binding
on owners of the remaining lots.
(8)
Such other related information as deemed necessary
by the Township Council to make their determination.
C.
In the event the application for final approval has
been filed, together with all drawings, specifications, covenants,
easements, performance bonds and other documents in support thereof
and as required by this chapter and the official written communication
for tentative approval, the Township shall within 45 days of such
filing, grant such development plan final approval.
D.
In the event the development plan as submitted contains
variations from the development plan given tentative approval, the
Township Council shall refuse to grant final approval and shall, within
45 days from the filing of the application for final approval, so
advise the applicant 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 applicant
may either:
(1)
Refile his application for final approval without
the variations objected to; or
(2)
File a written request with the Township Council that
it hold a public hearing on his application for final approval. If
the applicant 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 of receipt of notice that the
development plan was not in substantial compliance. In the event that
the applicant 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 applicant,
and the hearing shall be conducted in the manner prescribed in this
chapter for public hearings on applications for tentative approval.
Within 45 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 article.
E.
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 by the Recorder of Deeds before any development
shall take place in accordance therewith. Pending completion, in accordance
with the time provisions stated in Section 508 of the Pennsylvania
Municipalities Planning Code,[1] 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. Upon approval of the final plan, the applicant shall record the plan in accordance with § 275-67 herein and post financial security in accordance with § 210-11 of Chapter 210, Subdivision and Land Development.
[1]
Editor's Note: See 53 P.S. § 10508.
F.
In the event that a development plan or a section
thereof is given final approval and thereafter the applicant 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
that the applicant shall fail to commence and complete the development
project or section thereof in accordance with the time provisions
stated in Section 508 of the Pennsylvania Municipalities Planning
Code, after final approval has been granted, no development or further
development shall take place on the property included in the development
plan until after said property is resubdivided and is reclassified
by enactment of an amendment to this chapter.
The Township may avail itself to any and all
remedies provided by law, including but not limited to those specified
in the Pennsylvania Municipalities Planning Code.
Security shall be provided which is acceptable
to the Township in an amount to cover the costs of any improvements
which may be required.
The Township shall require appropriate liability
insurance and minimum limits of coverage in regard to any development
in a PRD. The Township shall be a "named insured" under all such liability
policies, without premium liability therefor; said policies shall
further be written to exclude the operation of any "other insurance"
clause. The Township shall also require from the applicant a defense,
indemnity and hold-harmless agreement in favor of the Township, which
shall be insured by the applicant to at least the minimum limits required
by the Township Council for liability insurance.
[Amended 1-8-1990 by Ord. No. 461]
The final plot plan will be recorded by the
landowner in the Office for the Recording of Deeds in and for Delaware
County, Pennsylvania, within 90 days of the granting of final approval
by the Township Council. The Recorder of Deeds of the county shall
not accept any plan for recording unless such plan officially notes
the approval of the Township Council and review by the Delaware County
Planning Department.
Fees for review of the final plan shall be established
by resolution of the Township Council, which fees shall not exceed
costs incurred. Should any funds remain after the final plan is processed
and reviewed, they will be returned to the applicant.
