A.
Pursuant to Article VII, Pennsylvania Municipalities Planning Code (Act 247), the intent of this article is to provide, in the case of planned projects consisting of 10 acres or more, an added degree of variety and flexibility in the placement, bulk and interrelationship of the buildings and uses within the planned project and the implementation of new design concepts while, at the same time, maintaining the overall intensity of use, density of population and amounts of light, air, access and open space as specified by this chapter.
A.
The applicant, at least nine days prior to a regularly scheduled public meeting of the Mayor and Town Council of the Borough of Chambersburg at which consideration is desired, shall file six copies of a plan of the proposed planned residential development with the Borough Secretary, together with any supporting data and information listed under § 300-123 of this article. The applicant shall also submit concurrently a copy of the plan to the Chambersburg Planning and Zoning Commission.
B.
The Mayor and Town Council may submit copies of the
plan to the Borough Engineer, Borough Manager of Utilities, Borough
Planner, the Franklin County Soil and Water Conservation District,
Franklin County Planning Commission, and other public agencies for
advice and comment as part of the Borough of Chambersburg review.
C.
The Mayor and Town Council shall hold a public hearing
thereon, pursuant to public notice, within 60 days after the filing
of the application. The hearing may be continued from time to time,
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.
D.
Action following hearing.
(1)
The Borough of Chambersburg, within 30 days
following the conclusion of the public hearing provided for in this
section, shall, by official written communication to the landowner,
either:
(2)
In the event tentative approval is granted subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication of the Borough of Chambersburg,
notify the Borough of his refusal to accept all said conditions, in
which case the Borough shall be deemed to have denied tentative approval
of the development plan. In the event the landowner does not, within
said period, notify the governing body of his refusal to accept all
said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
E.
The grant or denial of tentative approval by official
written communication shall include not only conclusions but also
findings of fact related to the specific proposal and shall set forth
the reasons for the grant, with or without conditions, or for the
denial, and said communication shall set forth with particularity
in what respects the development plan would or would not be in the
public interest, including but not limited to findings of fact and
conclusions on the following:
(1)
In those respects in which the development plan
is or is not consistent with the Comprehensive Plan for the development
of the Borough of Chambersburg;
(2)
The extent to which the development plan departs
from zoning and/or 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 common open
space in the planned residential development, the reliability of the
proposals for the 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; and
(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 of
the residents of the planned residential development in the integrity
of the development plan.
F.
In the event a development plan is granted tentative
approval, with or without conditions, an application for final approval
of the development or portion thereof shall be filed not later than
six months. In the case of a development plan which provides for development
over a period of years, applications for final approval of each additional
part of the plan shall be filed within 12 months of the previous application
for final approval of a portion of the development.
G.
The official written communication provided for in
this article shall be certified by the Secretary of the Borough of
Chambersburg and shall be filed in the office of the Borough, and
a certified copy shall be mailed to the landowner. Where tentative
approval has been granted, it shall be recorded on the Municipal Zoning
Map.
H.
Tentative approval of a development plan shall not
qualify a plot of the planned residential development 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 accepted by the landowner, shall not be modified
or revoked nor otherwise impaired by action of the Borough of Chambersburg
pending an application or applications for final approval without
the consent of the landowner, provided an application for final approval
is filed or, in case of development over a period of years, provided
applications are filed within the periods of time specified above
and noted in the official written communication granting tentative
approval.
I.
In the event a development plan is given tentative
approval and thereafter, but prior to final approval, the landowner
shall elect to abandon said development plan and shall so notify the
Borough of Chambersburg in writing, or in the event the landowner
shall fail to file the application or applications for final approval
within the required period of time, 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 Municipal Zoning Map and in the records of the Secretary of
the Borough of Chambersburg.
The applicant shall submit, for review by the
Mayor and Town Council of the Borough of Chambersburg and the Chambersburg
Planning and Zoning Commission, a plan drawn on a map of the property
showing the following information, together with the supporting information
and documentation listed below:
A.
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 Comprehensive
Plan for the development of the Borough.
B.
The location, size and topography of the site and
the nature of the landowner's interest in the land proposed to be
developed.
C.
The density of land use to be allocated to parts of
the site to be developed.
D.
The location and size of the common open space.
E.
The form of organization proposed to own and maintain
the common open space.
F.
The use and the approximate height, bulk and location
of buildings and other structures.
G.
The feasibility of proposals for the disposition of
sanitary wastes and stormwater, including a Plan Revision Module for
Land Development for submission to the Department of Environmental
Resources.
H.
The substance of covenants, grants of easements or
other restrictions proposed to be imposed upon the use of the land,
buildings and structures, including proposed easements or grants for
public utilities.
I.
The provisions for parking of vehicles and the location, names, width of rights-of-way, width of cartway, and paving of proposed streets and easements in accordance with the design standards of Chapter 258, Subdivision and Land Development.
J.
In the case of development plans which call for development
over a period of years, a schedule showing the proposed time within
which applications for final approval of all sections of the planned
residential development are intended to be filed, and this schedule
must be updated annually, on the anniversary of its approval, until
the development is completed and accepted.
K.
The location, size and type of planting for buffer
yards.
L.
The location and size of areas to be set aside for
schools, parks, recreation or other public purposes.
M.
A copy of a report on soil characteristics of the
site prepared by the County Soil and Water Conservation District so
that the Commission may determine the type and degree of development
the site may accommodate because of the limitation of soil as related
to basement and foundation construction, street and parking area construction
and grading condition.
O.
The location and types of erosion and sediment control
measures prepared.
P.
A profile of each street, including grades.
Q.
Location of existing and proposed utility mains.
R.
Location plans of proposed sanitary and stormwater
sewers and any proposed water distribution system.
S.
Location and plans of any proposed private sewage
treatment plant and water supply plants.
T.
A profile of the proposed sanitary and storm sewers
and waterlines, with invert elevations and connections to existing
systems.
U.
A copy of the report from the County Conservation
District indicating the extent of erosion control plans needed and
whether in his opinion a permit for each moving activity may be required
from the Department of Environmental Resources.
V.
Evidence in writing, where 100 or more dwelling units
are proposed in the development, from the school district in which
the subdivision or land development is located containing the review
and comments of the school district on the proposed development.
W.
A copy of a report, where 100 or more dwelling units
are proposed in the development, indicating an estimated volume of
vehicular traffic movement and the adequacy of the proposed and existing
streets and highways to carry the traffic both within and beyond the
proposed development and possible solutions to such problems as may
be thereby identified.
X.
A copy of a report, where 100 or more dwelling units
are proposed in the development, indicating the general arrangement
for stormwater drainage, the estimated volume of water to be generated
and the effect of such volumes on the drainageways or streams within
the development and that projected volumes can be accommodated by
the existing drainage facilities or streams beyond the proposed development.
Y.
A copy of a report, where 100 or more dwelling units
are proposed in the development, indicating the general arrangement
for water supply, including the location, source, type and capacity
of the proposed supply to serve the proposed development signed by
a registered engineer.
A.
Application. 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 Borough of Chambersburg within the time (six months) specified by this chapter and indicated in official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bonds, approved Plan Revision Module for Land Development and such other requirements as may be specified by this chapter and Chapter 258, Subdivision and Land Development, for a final plat as well as any other 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, submitted for final approval, shall be held to determine if the application for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
B.
Final approval procedure.
(1)
The applicant, no later than six months after
the date of tentative approval of the planned residential development
and nine days prior to the regular public meeting of the Borough of
Chambersburg at which consideration is desired, shall file three reproducible
copies and three prints and an application for final approval with
the Borough of Chambersburg. In the case of development plans which
provides for development over a period of years, applications for
final approval of each part of a plan shall be filed not later than
12 months after each previous application for final approval of a
portion of the development.
(2)
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 article and
the official written communications of tentative approval, the Borough
of Chambersburg shall, within 30 days of such filing, grant such development
plan final approval.
(3)
In the event the development plan as submitted
contains variations from the development plan given tentative approval,
the Borough of Chambersburg 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.
(b)
If the landowner wishes to take either of such
alternate actions 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.
(c)
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 for public hearings on applications for tentative approval.
Within 30 days after the conclusion of the hearing, the Borough of
Chambersburg 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 in cases
arising under this section shall be in the form and contain the findings
required for an application for tentative approval set forth in this
chapter.
(4)
A development plan, or any part thereof, which
has been given final approval shall be so certified without delay
by the Borough of Chambersburg and shall be filed on record forthwith
in the office of the 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 a reasonable time of said planned
residential development or 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.
(5)
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 Borough of Chambersburg in writing, or in
the event the landowner shall fail to commence and carry out the planned
residential development within one year 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
the Chambersburg ordinance.
The applicant shall submit for review by the
Borough of Chambersburg and the Chambersburg Planning and Zoning Commission
a plan with the following information:
A.
On reproducible material in size at a scale of one
inch equals 100 feet, primary control points, approved by the Borough
Engineer, or description and ties to such control points, to which
all dimensions, angles, bearings, and similar data on the plat shall
be referred.
B.
Tract boundary lines, right-of-way lines of streets,
easements, and other rights-of-way, and property lines of residential
lots and other sites with accurate dimensions, bearings, or deflection
angles, and radii, arcs and central angles of all curves.
C.
Name and right-of-way width of each street or other
right-of-way.
D.
Location, dimensions, and purpose of easements.
E.
Number to identify each lot and/or site when applicable.
F.
Purpose for which sites other than residential lots
are dedicated or reserved.
G.
Building setback lines on all lots and other sites.
H.
Location and description of survey monuments. All
permanent reference monuments shall be shown by an "X" on the plat.
I.
Names of record owners of adjoining unplatted land.
J.
Reference to recorded subdivision plats of adjoining
platted land by record name, date, and number.
K.
Certification by a registered surveyor or registered
engineer, licensed in the Commonwealth of Pennsylvania, certifying
to accuracy of survey and plat.
L.
Certification of title showing that the applicant
is the owner of land, agent of the landowner or tenant with permission
of the landowner.
M.
Statement by the owner dedicating streets, rights-of-way
and any sites for public uses which are to be dedicated.
N.
Proposed protective covenants running with the land,
if any.
O.
Proposed contours at vertical intervals of five feet
or less as required by the Commission.
P.
The location and types of erosion and sediment control
measures.
Q.
Other data. The plat shall be accompanied by the following
data in form prescribed by the Borough of Chambersburg:
(1)
Profiles of streets showing grades.
(2)
Typical cross sections of each type of street,
minor street, collector, etc., showing the width of right-of-way,
width of cartway, location and width of sidewalks, if required, and
location and size of utility mains.
(3)
Plans and profiles of proposed sanitary and
stormwater sewers, with grades and pipe size indicated, and a plan
of any proposed water distribution system showing pipe sizes and location
of valves and fire hydrants.
(4)
A final erosion and sedimentation control plan,
showing the location and types of erosion and sediment control measures,
together with a report, signed by the County Conservation District,
indicating that the plan has been prepared and reviewed as required
by the Clean Streams Law of Pennsylvania, Act 222, July 31, 1970,
as amended.[1]
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
(5)
A copy of an application for a permit for earthmoving
activity or a permit issued and signed by the Department of Environmental
Resources as required by the Rules and Regulations, Chapter 102, Erosion
Control, under P.L. 1987, June 22, 1937, as amended.
(6)
A copy of the Sewage Plan Revision Module for
Land Development approved by the Department of Environmental Resources
in compliance with the requirements of the Pennsylvania Sewage Facilities
Act[2] and Section 71.16 of Chapter 71 of Title 25 of the Pennsylvania
Code.
[2]
Editor's Note: See 35 P.S. § 750.1
et seq.
(7)
Such other certificates, affidavits, endorsements,
or dedications as may be required by the Borough of Chambersburg in
the enforcement of these regulations.
A.
Permitted uses.
(2)
Permitted commercial uses:
(a)
Retail stores and shops;
(b)
Restaurants, delicatessens and cocktail lounges;
(c)
Pharmacies or drugstores, stationery, book,
tobacco and newsstand;
(d)
Self-service laundry and dry-cleaning and pickup
stations;
(e)
Barbershops and beauty shops;
(f)
Business and professional offices;
(g)
Banks and financial institutions; and
(h)
Garden centers and flower shops.
B.
Density. The density of dwelling units per acre for
the total acreage within the planned residential development shall
not exceed 16 dwelling units per acre.
C.
Setbacks. All structures shall be set back from public
right-of-way lines not less than 25 feet and not less than 50 feet
from the center line of private streets and not less than 50 feet
from all property lines adjacent to the planned residential development
tract.
D.
Building height. No building shall be erected to a
height in excess of 35 feet; provided, however, that this height limit
may be increased one foot for each additional foot that the width
of each yard exceeds the minimum required (not to exceed 72 feet)
up to a maximum of 72 feet.
E.
Vegetative cover. At least 50% of the gross area of
the planned residential development shall be maintained with a vegetative
material.
A.
Common open space areas not dedicated to the general
public shall be held in corporate ownership by the private owner of
the lots or parcels of land in the planned residential development
area, and the developer shall incorporate into the deeds of the owners
any interest in such common open space, indicating the use to be made
of such common open space and providing a means of permanent maintenance
of this common space. All common open space areas which, in the opinion
of the Borough of Chambersburg, should be developed as recreation
areas shall be improved or assured by means of a proper completion
guaranty in the form of a bond or a deposit of funds or securities
in escrow sufficient to cover the cost of the required improvements,
as estimated by the Borough Engineer, by the developer in a manner
acceptable to the Borough of Chambersburg prior to final plan approval
of the planned residential development or section thereof.
B.
Recreation areas.
(1)
One acre of playgrounds or playfields shall
be provided for each 100 dwelling units or 1/10 of an acre for each
10 dwelling units or fewer; or one acre of parks shall be provided
for each 100 dwelling units or 1/10 of an acre for each 10 dwelling
units or fewer.
(2)
In the case of a development plan which proposes
development over a period of years, recreation areas shall be shown
on the tentative plan in such a manner as to provide playgrounds and
parks of adequate size rather than a series of one-tenth-acre parcels.
C.
Provisions for determining the amount and location
of common open space or recreation areas:
(1)
Common open space shall be delineated specifically
on the tentative plan and shall not include street rights-of-way,
required setbacks, side yard, rear yards or the required space between
buildings. The area in acres of each separate parcel of such common
open space shall be clearly shown on the tentative plan.
(2)
Recreation areas, as common open space, shall
also be delineated on the tentative plan, and the area in acres of
each recreation area shall be shown separately from other common open
spaces.
A.
No commercial enterprises shall be permitted to operate
except in the area designated in the planned residential development
plan for commercial use. The permitted uses designed to serve the
neighborhood or development may be constructed provided they shall
be so located as to minimize traffic problems and be served by main
access roads and not primarily residential streets.
B.
The area for commercial use shall not exceed the following:
|
Acres
|
Area of Tract
| |
|---|---|---|
|
10 to 75
|
10%
| |
|
76 to 150
|
8%
| |
|
151 to 250
|
7%
| |
|
251 and up
|
8%
|
C.
At least 50% of the residential dwelling unit construction
shall be completed before any commercial construction may begin, and
at no time shall the commercial structures or uses exceed the percentage
requirements set forth above.
D.
The permissible lot coverage of commercial buildings
in the development of commercial center areas shall not exceed 25%
of the land area designed for commercial use of the proposed plan.
E.
The required parking spaces shall be provided in accordance with the provisions of Article XIII, Off-Street Parking, except that they shall be situated on the same lot within not more than 200 feet of the commercial buildings to be serviced.
F.
Buffer zone. Where a commercial area adjoins a residential
area within the planned development or in adjacent land around the
perimeter of the development, a buffer zone shall be required in addition
to the setback requirement of 10 feet.
G.
Screen plantings shall be required where commercial
use adjoins a residential use in the planned development or residential
areas adjacent to the development.
A planned residential development shall be served
by a sewage collection and treatment system and water supply. All
plans for sewage systems shall be subject to review and approval by
the Borough of Chambersburg upon the recommendation of the Commission,
the Municipal Sewer Authority and the Pennsylvania Department of Environmental
Resources.
Parking shall be provided in accordance with the provisions of Article XIII, Off-Street Parking.
A.
Streets. The design of streets in a planned residential development shall conform to the standards as shown in Chapter 258, Subdivision and Land Development, as amended.
B.
Easements. The design of easements for public utility facilities, drainage facilities, streams and watercourses in a planned residential development shall conform to the requirements shown in Chapter 258, Subdivision and Land Development.
C.
Erosion and sediment control. The control of erosion and sediment in a planned residential development shall be subject to the procedure and requirements of the Chapter 258, Subdivision and Land Development, as amended.
