The Planned Residential Development (PRD) District is designed
for the following purposes:
A.
To encourage innovation in residential development 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.
B.
To encourage more efficient allocation and maintenance of open space
for conservation and active and passive recreation.
C.
To provide greater opportunities for better housing and recreation
for all who are or will be residents of the Township.
D.
To encourage a more efficient use of land and public services and
to reflect changes in the technology of land development so that the
economies so secured may inure to the benefit of those who require
housing.
E.
To encourage sensitive land development which will respect and conserve
such natural features and resources of the land as flood hazard 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.
F.
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 shall be vested
solely in the Upper Chichester Township Board of Commissioners. All
applications for tentative and final approval of plans for such developments
shall be first referred to the Delaware County Planning Commission
and the Upper Chichester Township Planning Commission for their review
and comment.
No application for a PRD shall be considered or approved unless
the following conditions are met:
A.
The tract proposed for a PRD shall contain not less than 25 contiguous
acres of land.
B.
The tract shall be located in the R-1 or R-2 Residential Districts.
C.
The development will be served by public sewer and municipal public
water systems, which shall be constructed and operational and have
the assured capacity to serve the development at the time of occupancy
of the structures in the development. The feasibility of such construction
and operation shall be demonstrated to the satisfaction of the Board
of Commissioners at the time of application for tentative plan approval.
D.
All ownership interests shall be disclosed on the tentative and final
plans.
E.
If the owner or owners intend to develop said land over a delayed
time, said schedule and plan must be approved by the Board of Commissioners.
F.
The tract must have frontage on a collector or arterial road, as
described in the Comprehensive Plan adopted by Upper Chichester in
2005.
Land, buildings or premises shall be used by right for one or
more of the following uses:
The following uses shall be permitted by special exception, subject to Articles XXI and XXV and the regulations listed below:
C.
The above commercial uses shall be permitted only when a minimum
of 150 units are proposed or existing in the PRD. These uses shall
occupy no more than 5% of the area of the PRD and shall be intended,
designed and operated principally for the use of the residents of
the PRD.
In order to assure a variety of dwelling types in the PRD, a
minimum percentage of each dwelling type constructed shall be included
in the development as noted below:
Unit type, minimum percentage of total units in PRD shall be
as follows:
A.
Each PRD shall consist of not less than three of the dwelling types listed in § 600-90. In all cases, single-family detached dwellings shall constitute one of the three required dwelling types.
B.
The housing mix selected shall reflect the housing needs and market
place realities of the community.
The following dimensional requirements shall apply. All requirements
are minimums unless specifically noted otherwise:
The following regulations and standards shall apply to all planned
residential developments:
A.
General design standards.
(1)
All housing and other areas shall be planned, designed, constructed
and made maximally usable, operable and habitable with regard to the
topography and natural features of the tract. The effects of prevailing
winds and solar orientation on the physical layout and form of the
proposed buildings and other structures shall be reflected in the
development plan.
(2)
Variations in location of buildings and other structures shall be
provided where necessary to create architectural interest and/or preserve
areas of environmental concern and to further amenities of light and
air, recreation and visual enjoyment. All dwelling units shall be
based on a common architectural theme.
(3)
Every building and other structure shall be located and situated
to promote pedestrian and visual access to common open space to the
extent possible.
(4)
The physical design of the development plan shall make adequate provision
for public services and provide adequate control over vehicular traffic.
(5)
All utilities shall be placed underground unless such placement is
deemed not feasible by the Board of Commissioners.
(6)
Refuse stations to serve residential and recreational areas shall
be designed with suitable screening and located so as to be convenient
for trash removal and not offensive to nearby residential areas.
(7)
Fire hydrants shall be installed by the developer to meet the requirements
for the Middle Atlantic Fire Underwriters Association and the Township
Fire Marshal.
(8)
All housing shall be sited to enhance privacy and ensure natural
light for all principal rooms.
B.
Buildings.
(1)
No building shall be placed less than 75 feet from the perimeter
property line of the PRD, except for signs and structures associated
with ingress and egress.
(2)
No building shall be less than 50 feet from the street line of the
exterior road except for signs, street trees, ingress and egress structures
and other like structures typically located in such setback area such
as lighting standards, sidewalks, benches and the like.
(3)
No building shall be less than 30 feet from access roads or parking
areas.
(4)
No building shall exceed the length of 125 feet in any single direction.
(5)
Development near the perimeter of the property shall be designed
to be harmonious with neighboring areas and shall be screened from
such areas with landscaping approved by the Township.
(6)
Single-family attached dwellings shall be designed and arranged in
staggered groups and not in long rows parallel to street lines. The
arrangement of such units shall create a physical and visual distinction
in the lines of the facades and the roofs. Such distinction can be
achieved through the use of varied floor plans for adjoining units,
alternating two-story and one-story structures within an attached
group, the projections and angles of exterior walls and roofs, exterior
fencing, and other diversified space-articulating techniques.
(7)
Individual residential driveways shall not have direct access to
the exterior street.
(8)
Buildings in a PRD shall not exceed 35 feet or two stories in height.
C.
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 § 600-171 relating to landscaping.
(3)
Street trees shall be provided along all internal streets. Not 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 planted buffer of not less than 20 feet in width shall be provided
along all perimeter property lines except at points of vehicular ingress
and egress and on pedestrian accessways.
D.
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, catchments basins, silt traps and the design of
cartways so as to minimize runoff.
(2)
Where existing storm sewers are deemed by the Board of Commissioners
to be accessible, the Commissioners may require that the proposed
development connect therewith.
(3)
All stormwater management design standards shall be in accordance with Chapter 505, Subdivision and Land Development, of the Code of the Township of Upper Chichester, 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.
(5)
The design and construction of all storm drainage facilities and
stormwater systems shall be subject to the approval of the Township
Engineer.
E.
Soil erosion and sedimentation control. 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, the Bureau of Water
Quality Management and the USDA Natural Resources Conservation Service,
as amended.
F.
Streets and walkways.
(1)
The street system of the PRD shall be designed so as to relate harmoniously
with land uses within and adjacent to the development through the
establishment of a hierarchy 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, 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 Board of Commissioners determines that
they are not necessary.
G.
Lighting.
(1)
All streets, 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.
(2)
Appropriate lighting fixtures shall be provided for walkways and
to identify steps, ramps and similar features.
In this section relating to common open space, the term "open space" shall be construed to mean "common open space" as defined in Article II.
A.
General regulations.
(1)
Areas agreed by the developer and the Township to be set aside for
common open space shall be suitable for that purpose and consistent
with the Township policy and plan for future land use.
(2)
Open space areas shall contain no major structures other than those
related to the purpose of the open space.
(3)
Open space areas shall be arranged and located to serve the residents
of the development adequately and conveniently, taking into consideration
the characteristics of the site, and to preserve and enhance desirable
natural features.
(4)
Any land designated as common open space shall be restricted to continue
as such by an appropriate method approved by the Township Commissioners.
B.
Common open space design standards.
(1)
A minimum of 40% of the total area of the property shall be designated
as and devoted to common open space. At least 25% of the required
open space shall be made usable and physically prepared for playgrounds,
play fields, and other active recreation activities and or facilities.
(2)
Open space areas shall not be less than one acre of contiguous area
and shall not be less than 100 feet wide as determined by allowing
a circle with a one-hundred-foot diameter to travel freely through
it without touching the boundaries of the contiguous open space, except
when part of a trail system or pathway network or tot lot.
(3)
Not less than 60% of the total common open space areas shall be outside
the one-hundred-year floodplain areas and areas with slopes of 15%
or more.
(4)
Open space areas shall be not less than 70 feet wide and not less
than 15,000 square feet of contiguous area, except when part of a
trail system or pathway network or tot lot.
(5)
Open space areas shall be undivided by any road crossings, except
where necessary for proper traffic circulation, and then only upon
recommendation of the Township Engineer and Planning Commission.
(6)
Such areas shall be suitably landscaped by retaining existing natural
cover and wooded areas and/or by a landscaping plan which is consistent
with the purposes of this section and which minimizes maintenance
costs.
C.
Performance bond.
(1)
Designated planting and recreation facilities within the open space
area shall be provided by the developer. A performance bond or other
security shall be required to cover costs of installation.
(2)
An appropriate portion of the performance bond or other security
will be forfeited by the developer should he fail to install the planting
or recreational facilities.
D.
Ownership and maintenance of common open space.[1]
(1)
There
shall be provisions which ensure that the open space shall continue
as such and be properly maintained. Any of the following methods and
no other may be used, either individually or together, to preserve,
own and maintain open space:
(2)
The
following specific requirements are associated with each of the various
methods:
(a)
Fee simple dedication. The Township may, but shall not be required
to, accept an offer of a deed of dedication, provided that:
(b)
Homeowners' association. The establishment of a nonprofit homeowners'
association which may dedicate an easement for public use of the open
space land. The Board of Commissioners may, but shall not be required
to, accept such easement, unless a satisfactory agreement is reached
concerning the scope of public use and the future maintenance of the
easement.
(c)
Condominium agreement. The open space may be controlled through the
use of condominium agreements. Such agreements shall be in conformance
with the Uniform Condominium Act (68 Pa.C.S.A. § 3101 et
seq.). All open space land shall be held as a “common element.”
(d)
Dedication of easements. The Township may, but shall not be required
to, accept easements for public use of any portion of open space land,
the title of which is to remain in the ownership of the condominium
or homeowners' association, provided that:
(e)
Transfer to a private conservation organization. With the permission
of the Township, the landowner or developer may transfer either the
fee simple title with appropriate deed restrictions running in favor
of the Township; or the development rights or easements, to a private,
nonprofit organization among whose purposes is to conserve open space
land, provided that:
[1]
The organization is acceptable to the Township and is a bona fide
conservation organization with perpetual existence.
[2]
The organization is chartered under the laws of the Commonwealth
of Pennsylvania to administer deed restrictions limiting eventual
disposition of such property for the purposes stated in its Articles
of Incorporation.
[3]
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue to function.
[4]
A maintenance agreement acceptable to the Township is entered into
by the landowner or developer and the organization.
(f)
In the event of any proposed transfer of open space within the methods
permitted in this section, or the assumption of maintenance of open
space land by the Township as hereinafter provided, notice of such
action shall be given to all affected property owners.
(3)
If
a homeowners' association is formed, it shall be governed according
to the following regulations:
(a)
The landowner or developer shall provide the Township with a description
of the organization, including its bylaws and methods for maintaining
open space land, which shall be acceptable to the Township Solicitor.
(b)
The organization is to be organized by the landowner or developer
and operating with financial subsidization of the landowner or developer,
if necessary, before the sale of any lots within the development.
(c)
Membership in the organization is mandatory for all purchasers of
dwelling units therein and their successors.
(d)
The members of the organization shall share equitably the costs of
maintaining and developing open space, in accordance with the procedures
established by them. If a member fails to pay his pro rata share,
then a lien against an individual property may be made in accordance
with the provisions for same in the bylaws of the organization.
(e)
The organization shall be responsible for maintenance of and insurance
and taxes on open space land.
(f)
The organization shall have or hire adequate staff to administer
common facilities and maintain the open space land to the satisfaction
of the Board of Commissioners.
(4)
In
the event that the organization established to own and maintain open
space, or any successor organization, shall at any time after designation
fail to maintain the open space in reasonable order and condition
in accordance with any and all approved plans, the Township may serve
written notice upon such organization or upon the residents and owners,
setting forth the manner in which the organization has failed to maintain
the open space land in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be cured within
30 days thereof, and shall state the date and place of a hearing thereon
which shall be held within 14 days of the notice.
(a)
At such hearing, the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be cured. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within 30
days or an extension thereof, the Township, in order to preserve the
taxable values of the properties and to prevent the open space land
from becoming a public nuisance, may enter upon said open space land
and maintain the same for a period of one year, at the expense of
the organization. The cost of any such maintenance shall be borne
by the owners of lots within the development from which the open space
land was derived. Said entry and maintenance shall not vest in the
public any right to use the open space except when the same is voluntarily
dedicated to the public by the residents and owners.
(b)
Before the expiration of said year, the Township shall upon its initiative,
or upon the request of the organization therefor responsible for the
maintenance of the open space land, call a public hearing upon notice
to such organization, or to the residents and owners of the project,
to show cause why such maintenance by the Township shall not, at the
election of the Township, continue for a succeeding year. If the Township
shall determine that such organization is ready and able to maintain
said open space land in reasonable condition, the Township shall cease
to maintain said open space land at the end of said year. If the Township
shall determine that such organization is not ready and able to maintain
said open space land in a reasonable condition, the Township may,
in its discretion, continue to maintain said open space land during
the next succeeding year and subject to a similar hearing and determination
in each year thereafter. The decision of the Township in any such
case shall constitute a full administrative decision subject to judicial
review at the expense of the homeowners' association.
(c)
The cost of such maintenance by the Township shall be assessed ratably
against the properties within the project that have a right of enjoyment
of the open space land and shall become a municipal lien on said properties.
The Township, at the time of entering upon said open space land for
the purpose of maintenance, shall file a notice of lien in the office
of Judicial Support of Delaware County upon the properties affected.
The developer may construct a PRD in stages, provided the following
criteria are met:
A.
The application for tentative approval covers the entire PRD and
shows the location and approximate time of construction for each stage,
in addition to other information required by this chapter.
B.
At least 25% of the dwelling units in the plan given tentative approval
shall be included in the first stage.
C.
The tentative and final plans shall designate the use of open space,
a schedule for its phasing, the type of maintenance to be provided
and a planting plan or schedule. Not less than 25% of the total open
space and recreational facilities shall be provided for each phase.
In designating use and maintenance, the following classes may be used:
(1)
Lawn. A grass area with or without trees which may be used by residents
for a variety of purposes and which shall be mowed regularly to insure
a neat appearance.
(2)
Natural area. An area of natural vegetation undisturbed during construction
or replanted; such areas may contain pathways. Meadows shall be maintained
as such. Maintenance may be minimal but shall prevent the proliferation
of undesirable plants. Litter, dead trees and brush shall be removed
and streams kept in free-flowing condition.
(3)
Recreation area. An area designated for a specific recreational use,
including but not limited to tennis, swimming, shuffle board, play
fields, and tot lots. Such areas shall be located and maintained in
such a manner as not to create a hazard or nuisance and shall perpetuate
the proposed use.
D.
The second and subsequent stages are completed consistent with the
tentatively approved plan and are of such size and location, including
a sufficient degree of completion of the road network and other infrastructure,
that they constitute economically sound units of development. In no
event shall such stages contain less than 15% of the dwelling units
receiving tentative approval.
E.
Each stage shall include common open space in amounts and at locations
deemed acceptable by the Board of Commissioners to meet, at minimum,
the open space needs generated by that stage.
F.
All improvements within the particular stage shall be completed contemporaneously
with the completion of the dwellings of that stage.
G.
Gross residential density may be varied from stage to stage, provided
that final approval shall not be given to any stage if the gross residential
density of the area which includes stages already finally approved
and the stage for which final approval is being sought exceeds by
more than 20% the gross residential density allowed for the entire
PRD in the tentatively approved plan.
The application for tentative approval shall be executed by
or on behalf of the landowner and filed with the Township Secretary.
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. The application for tentative approval
shall include all plans, documents, papers, and submissions proving
compliance with all of the standards of this article. The Board of
Commissioners may require such additional documentation as needed
to aid them in the review of the application and accompanying papers.
Application for tentative approval shall include, but not be limited
to, the following documents:
A.
A statement indicating the nature of the applicant's and the landowner's
interest in the project.
B.
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.
C.
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.
D.
A plan at a scale of one-inch equals 100 feet delineating the topography
of the tract. Such plan shall be based on a physical survey and shall
contain contours with two-foot intervals and shall accurately and
conspicuously depict slopes from 0% to 8%, 8% to 15%, 15% to 25%,
and greater than 25%.
E.
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.
F.
A plan at a scale of one inch equals 100 feet 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.
G.
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.
H.
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.
I.
A 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 buildings and other structures;
and the location of streets, rights-of-way, cartways, parking areas
and other improvements.
J.
A plan at a scale of one-inch equals 100 feet accurately and 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.
K.
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:
(1)
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 hydro-geologic 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.
(2)
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 sewage 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.
(3)
Assurance of the availability of safe and efficient public water
and public sewer facilities shall 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.
L.
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.
M.
A plan illustrating phasing, including a time schedule for all on-site
and off-site improvements to be offered for dedication for public
use which may be modified from time to time with approval of the Board
of Commissioners.
N.
A fully detailed soil erosion and sedimentation control plan.
O.
A fully detailed grading plan at a scale of one inch equals 100 feet
accurately and conspicuously delineating proposed contours at intervals
of two feet.
P.
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.
Q.
A written report indicating the proposed methods and measures to
be undertaken for energy conservation and the effective utilization
of renewable energy resources.
R.
The documents containing covenants, grants of easements, or other
restrictions to be imposed upon the use of the land, buildings and
structures, including proposed grants and/or easements for utilities
and the like.
T.
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.
U.
A report accompanying the application shall, insofar as possible,
indicate compliance with the provisions set forth for documentation
herein.
W.
Twenty-three complete sets of plans of every application for tentative
approval shall be distributed for review and report to the following:
(1)
Township Commissioners: five sets.
(2)
Township Engineer: one set.
(3)
Township Planning Commission: seven sets.
(4)
Zoning Officer: one set.
(5)
Police Chief: one set.
(6)
Fire Chief: one set.
(7)
Fire Marshal: one set.
(8)
Sewage Enforcement Officer: one set.
(9)
Township files: one set.
(10)
Southern Delaware County Authority: one set.
(11)
Delaware County Planning Department: three sets.
|
One copy of the reports of the respective Planning Commissions
shall be furnished to the applicant upon receipt by the Board of Commissioners.
|
X.
The applicant, the Board of Commissioners, 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
public notice on said application shall be held by the Board of Commissioners.
B.
The Board of Commissioners 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.
Tentative approval.
(1)
The Board of Commissioners, within 60 days following the conclusion
of the public hearing(s) provided for in this chapter, shall by official
written communication to the applicant either:
(2)
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 from the Board of Commissioners,
notify the Board of Commissioners of his refusal to accept all said
conditions, in which case, the Board of Commissioners shall be deemed
to have denied tentative approval of the development plan. In the
event the applicant does not, within said period, notify the Board
of Commissioners 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 on 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 purposes, 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 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 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 plan 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 the residents
of the development in the integrity of the development plan.
C.
In the event a development plan is granted tentative approval, with
or without conditions, the Board of Commissioners 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 landowner, the time so established between grant of tentative
approval and application for final approval shall be not less than
three 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.
A.
The official written communication provided for in § 600-102 of this chapter shall be certified by the Township Secretary and shall be filed in his/her office, and a certified copy shall be mailed to the applicant. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
B.
Tentative approval of a development plan shall not qualify a plat
for recording nor authorize development or the issuance of any building
permits. A development plan which has been given tentative approval
with conditions which have been accepted by the 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
an application for final approval is filed or, in the case of development
over a period of years, provided applications are filed, within the
periods of time specified in the official written communication granting
tentative approval.
C.
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the applicant shall elect
to abandon said development plan and shall so notify the Board of
Commissioners in writing or in the event the applicant shall fail
to file 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
Secretary.
A.
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Board of Commissioners and within the time or times specified by the official written communication grating tentative approval as in § 600-102 or as otherwise mutually agreed upon between the applicant and the Board of Commissioners and set forth in writing by the Board of Commissioners. 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:
(1)
Development name or identifying title.
(2)
Municipality in which the development is located.
(3)
North arrow, scale and date.
(4)
Name of record owner of the tract and developer.
(5)
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 (if any) 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 be 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 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 are included
and typical planting details for tree planting and staking, shrub
planting and the like are provided.
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 homeowners' 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 acknowledgment 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 co-signed 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 Upper Chichester Township design standards.
(b)
That an offer to dedicate the street shall be made only for
the street as a whole.
(c)
That the method of assessing repair costs shall be as 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 Board
of Commissioners to make its 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 Board of Commissioners
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:
E.
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 30 days after the conclusion of the hearing,
the Board of Commissioners 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.
F.
A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by the Board of Commissioners
and shall be filed by the landowner of 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 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.
G.
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 Board of Commissioners in writing, or, in the event the
applicant shall fail to commence the development project or section
thereof within six months and complete it within two years 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 of any and all remedies provided
by law, including, but not limited to, the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 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 Board of Commissioners
for liability insurance.
The final plot plan will be recorded by the landowner in the
office of the Recorder of Deeds in and for Delaware County, Pennsylvania,
within 90 days of the granting of final approval by the Board of Commissioners.
Fees for the review of the final plan shall be established by
resolution of the Board of Commissioners, 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.
If a homeowners' association is required for any development located within the PRD Planned Residential Development District, it shall adhere to the requirements of § 600-179.
