[Ord. 1998-5, 7/20/1998, § 10.100]
1.
Purposes.
A.
To provide for the uniform treatment of dwelling type, bulk, density,
and open space within each zoning district, shall not be applied to
the improvement of land by other than lot by lot development in a
manner which would distort the objective of that zoning ordinance.
B.
To encourage innovations in residential development so that the growing
demand for housing may be met by greater variety and maximum choice
in the type, design, and layout of dwellings and by the conservation
and more efficient use of open space ancillary to said dwellings.
C.
To provide, through the above innovations, greater opportunities
for better housing and recreation for existing and potential residents
of the Township.
D.
To encourage a more efficient use of land and services and to reflect
changes in the technology of land development so that the economies
secured may inure to the benefit of those who need homes.
E.
To encourage more flexible land development which will respect and
conserve natural resources such as streams, lakes, floodplains, wetlands,
wooded areas, steeply sloped areas, areas of unusual beauty, and significant
natural habitats.
F.
To provide a procedure which can relate the type, design, and layout
of residential development to the particular site and 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.
2.
AVERAGE GROSS RESIDENTIAL DENSITY
BOARD OF SUPERVISORS
COMMON OPEN SPACE
PRD DEVELOPMENT PLAN
STAGE
Definitions. As used in this chapter the following words and phrases
shall have the meaning indicated below:
The number of dwelling units per acre in a planned residential
development computed by dividing the number of dwelling units which
the applicant proposes to construct by the number of acres in the
development which are planned to be devoted to residential use. Street
rights-of-way, designated wetlands and areas of slope greater than
30% shall not be utilized in calculating residential density.
The Board of Supervisors of Stroud Township is hereby designated
as the official agency to give preliminary and final approval to applications
for planned residential developments. Provided, however, that the
Planning Commission of the Township shall give advisory recommendations
on all such applications to the Township Supervisors.
A parcel or parcels of land or a combination of land or water
area within a development site not including streets, off-street parking
areas, private yard space, and areas set aside for nonresidential
and public facilities. Common open space shall be substantially free
of structures but may contain such improvements as are in the development
plan as finally approved by the Supervisors and as are appropriate
for recreational use or enjoyment by the residents of the development
site:
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase "provisions of the development
plan" when used in this Part shall mean the written and graphic materials
referred to in this definition.
A section or sections of a planned residential development
in which a developer proposes to commence development at the same
time, as indicated in the development plan for the PRD and as part
of a timetable for development of a PRD over a period of years.
3.
Eligibility Requirements. An application for preliminary approval
shall be eligible for preliminary approval when all of the following
initial requirements are met:
A.
Planned residential developments are permitted as set forth in Schedule
27-I of this chapter.
B.
The proposed planned residential development shall consist of one
or more contiguous parcels of land under single ownership and control.
C.
The proposed planned residential development shall contain a minimum
of 25 acres of land.
D.
The proposed planned residential development shall be connected to
public water and sanitary sewer systems where public water and sewer
systems can feasibly be provided to the planned residential development
site. Where public water and sewer systems cannot feasibly be provided
to the planned residential development site the developer shall provide
a centralized water supply and centralized sewer system serving the
entire development.
[Ord. 1998-5, 7/20/1998, § 10.200]
1.
Only residential uses and housing types permitted within the respective
zoning districts shall be permitted within PRD's. However, exceptional
house types may be proposed when the design offers some overriding
advantages, such as: more effective site compatibility, esthetic considerations,
ecological improvement, more efficient land use; and generally any
combination of considerations leading to worthwhile trade-offs for
the betterment of the community.
2.
Only residential uses and related community building, library, laundromat,
recreation building shall be permitted in a PRD located in a residential
zoning district.
3.
Land use density within planned residential developments shall be
regulated by the following general standards:
B.
The percentage of the planned residential development site which
is to be covered by buildings, roads, parking areas, and other impermeable
cover shall not exceed 20% of the total site area.
C.
The percentage of the planned residential development site to be
devoted to open space shall be no less than 25% of the total site
area. Such open space shall be comprised of no more than 50% water
area.
[Ord. 1998-5, 7/20/1998, § 10.300]
1.
Natural Features Analysis. In order to determine which specific areas
of the total PRD site are best suited for high density development,
which areas are best suited for lower density development, and which
areas should be preserved in their natural state as open space areas,
a thorough analysis of the natural features of the site will be required
to be submitted as part of the preliminary plan. The following subject
categories must be included in this analysis:
A.
Hydrology. Analysis of natural drainage patterns and water resources
including an analysis of streams, natural drainage swales, ponds or
lakes, wetlands, floodplain areas, permanent high water tables areas,
and seasonal high water table (within 18 inches of ground surface)
areas throughout the site.
B.
Geology. Analysis of characteristics of rock formations underlying
the site including defining aquifers (particularly those locally subject
to pollution), shallow bedrock areas, and areas in which rock formations
are unstable.
C.
Soils. Analysis of types of soils present in the site area including
delineation of prime agricultural soil areas, aquifer recharge soil
areas, unstable soils, soils most susceptible to erosion and soils
suitable for urban development. The analysis of soils will be based
on the County Soil Survey of the U.S. Soil Conservation Service.
D.
Topography. Analysis of terrain of site including mapping of elevation
and delineation of slope areas over 30%, between 15% and 30% and under
15%.
E.
Vegetation. Analysis of tree and plant cover of the site, emphasizing
the location of woodland and meadowland areas. Dominant tree and plant
species should be identified and the characteristics of each understood.
F.
Micro-Climate. Analysis of seasonal temperatures, seasonal precipitation,
seasonal prevailing winds, and daily hours of sunlight in specific
areas of the PRD site.
2.
Community Impact Analysis. In order to determine the impact of the
planned residential development upon the municipality, an analysis
of the potential affects of the PRD upon public facilities, utilities,
and roadway systems will be required to be submitted as part of the
preliminary plan. A comparison the costs to the municipality versus
the revenues to the municipality produced by the PRD shall be included
in the analysis.
3.
Site Design Requirements.
A.
The natural features of the PRD site shall be a major factor in determining the siting of dwelling unit structures. The results of the natural feature analysis, in Subsection 1 shall be considered in the siting of all dwelling unit structures.
B.
Conventional siting practices such as building setbacks from streets
and minimum distances between buildings may be varied in order to
produce attractive and interesting arrangement of buildings.
C.
Dwelling unit structures shall be located and sited so as to promote
pedestrian and visual access to open space wherever possible.
D.
Dwelling unit structures shall be located and arranged so as to promote
privacy for residents within the PRD and maintain privacy for residents
adjacent to the PRD.
E.
Dwelling unit and other structures located within 200 feet of the
perimeter of a planned residential development shall be designed so
as to be architecturally and aesthetically harmonious with neighboring
areas. Harmonious design means similar height, materials, colors,
textures, and elements of style.
F.
Housing Site Design Requirements.
(1)
Dwellings may be provided for separate ownership, condominium
ownership, other forms of cooperative ownership or rental.
(2)
Attached dwellings and multifamily buildings shall be arranged
in groups or clusters without long unbroken facades. Buildings shall
not be arranged in long rows parallel to street lines.
(3)
To create architectural diversity in the layout and character
of a planned residential development, variations in building setbacks
shall be encouraged.
(4)
The developer shall make provisions for the maintenance of buildings
and associated yard areas planned for condominium ownership, or other
forms of cooperative ownership. Such provisions shall be subject to
approval of the Board of Supervisors.
(5)
All housing shall be designed with regard to the topography
and other natural features of the site.
(6)
Housing shall be designed and sited so as to provide privacy
between dwelling units.
(7)
Housing shall be designed and sited to avoid residential nuisance
conditions such as headlights flashing into the interior space of
homes.
(8)
The following requirements shall apply, except that the Supervisors
may, upon the recommendation of the Planning Commission, vary these
requirements where their strict application would be inconsistent
with the purposes of this Part:
(a)
No structure shall be within 30 feet of curb or private access
roads or street lines or within 20 feet of common parking areas.
(b)
No building shall be erected within 30 feet of any other building
except:
(c)
In addition to the requirements of Subsection 3F(2), where side or rear walls of adjoining dwellings are opposite each other and both walls so facing contain window areas aggregating at least 10% of the surface area of the wall, such dwellings shall be separated by at least 50 feet.
(d)
No structures shall be located less than 50 feet from the planned
residential development tract boundary lines.
4.
Open Space, Recreation Areas and Facilities.
A.
The location, shape, size, and character of the open space shall be provided in a manner consistent with the objectives set forth in this Part concerning the conservation of natural resources and the creative use of land to obtain a living environment of stable character, with natural feature constraints determined through the natural features analysis as described in Subsection 1.
B.
The uses authorized for the open space must be appropriate to the
scale and character of the planned development, considering its natural
features, size, land use intensity, potential population, and the
number and types of dwelling units to be developed.
C.
Whenever possible open space shall be designed as a contiguous area
interspersed with residential areas with pedestrian and visual access
available to all residents of the PRD.
D.
Significant natural features such as woodland areas, large trees,
natural watercourses and bodies of water, rock outcroppings, and scenic
views shall be incorporated into open space areas whenever possible.
However, no less than 25% of the total open space area shall be suitable
for intensive use as an active recreation area.
E.
Development of the PRD must be planned so as to coordinate the establishment
of open space areas and the construction of dwelling units.
5.
Streets.
A.
The street system of the planned residential development shall be
designed so as to:
(1)
Relate harmoniously with land uses within and adjacent to the
PRD through the establishment of a hierarchy of roadway functions
which includes collector and local streets.
(2)
Create a separation of automobile and pedestrian traffic through
the coordinated design of streets, dwelling units, open space areas,
and pedestrian walkways.
(3)
Create efficient and safe connections with the existing road
system of the municipality in order to insure PRD proper ingress and
egress.
(4)
Minimize through traffic in residential areas.
B.
Arterial, collector, local and local access streets abutting and within the PRD shall be so designated. These streets shall be designed and constructed according to standards and requirements within the Township Subdivision and Land Development Ordinance [Chapter 22]. Where site characteristics on community impact analysis indicate a need for greater or lesser right-of-way and cartway widths, the modifications may be authorized by the Board of Supervisors.
C.
In order to separate automobile and pedestrian circulation and to
increase accessibility to open space areas, pedestrian walkways are
required. The Board of Supervisors shall require sidewalks adjacent
to streets in PRDs where housing types and densities of development
warrant.
6.
Parking.
C.
Parking areas shall be arranged so as to prevent through traffic
to other parking areas.
D.
No more than 16 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping approved by the Board
of Supervisors.
E.
No more than 60 parking spaces shall be accommodated in any single
parking area.
7.
Lighting.
A.
All streets, off-street parking areas, and areas of intensive pedestrian
use shall be illuminated in accordance with the Illuminating Engineering
Society (IES) standards. All such lighting shall be designed and located
so as to direct glare away from adjacent residences. Glare shall be
defined as illumination from the proposed use in excess of 0.5 footcandle
on adjacent properties zoned for commercial use and streets, and 0.2
footcandle on properties zoned for residential or rural residential
use, measured at five feet from the property producing the illumination.
8.
Sewer and Water Utilities.
A.
Planned residential developments shall be provided with sanitary
sewer systems through one 'of the following methods:
(1)
Connection to a public sewer system shall be required where
a public sewer system can feasibly be provided to the PRD site.
(2)
Provision of centralized sanitary sewer system by the developer
which serves the entire PRD where the public sewer system cannot feasibly
be provided to the PRD site: Centralized sanitary sewer systems shall
be designed and constructed in a manner that would permit connection
to a public sanitary sewer system in the future: The design and construction
of centralized sanitary sewer system shall conform to the current
applicable standards of the State Department of Environmental Protection
and Stroud Township.
B.
Planned residential developments shall be provided with water supply
systems through one of the following methods:
(1)
Connection to a centralized water system shall be required.
The capacity of the system shall adequately fulfill the water supply
demands of the PRD and the required fire flows.
(2)
Provision of a centralized water supply system by the developer
which serves the entire PRD. Centralized water supply systems shall
be designed and constructed in a manner that would permit adequate
connection to a public water supply system in the future. The design
and construction of a centralized water supply systems shall conform
to the current applicable standards of the State Department of Environment
Protection and Stroud Township.
(3)
Applicants shall present evidence to the Board of Supervisors
that the planned residential development is to be supplied water by
a certified public utility, by a municipal corporation, authority
or utility or by a bona fide cooperative association of lot owners.
A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement, or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable evidence.
9.
Soil Erosion Control and Storm Drainage.
A.
The PRD shall be designed and constructed so as to minimize site
disturbance and earthmoving. The results of the natural features analysis
shall be taken into account in determining areas suitable for site
clearance and earthmoving.
B.
Where site disturbance and earthmoving are necessary, erosion control
measures shall be undertaken in accordance with standards set forth
by the Monroe County Conservation District.
C.
The storm drainage system for a planned residential development shall be designed and constructed so as to minimize erosion and flooding, using as necessary, drainage easements, swales, catchment basins, silt traps, culverts and the design of cartways so as to minimize runoff. The determinations of the site analysis of natural features shall be taken into account in designing and constructing the storm drainage system. The design and construction of the system shall be consistent with the design and improvement standards for storm drainage set forth in the Township Subdivision and Land Development Ordinance [Chapter 22] and in the McMichael Creek, Brodhead Creek or any other stormwater ordinance adopted by the Township.
[Ord. 1998-5, 7/20/1998, § 10.400]
1.
Existing trees shall be preserved wherever possible: The protection
of trees six inches or more in diameter (measured at a height 4 1/2
feet above the original grade) shall be a factor in determining the
location of open space, structures, underground utilities; walks,
and paved areas. Areas in which trees are preserved shall remain at
original grade level and undisturbed wherever possible.
2.
Where extensive natural tree cover and vegetation does not exist, landscaping shall be regarded as an essential feature of the PRD. In these cases extensive landscaping shall be undertaken in accordance with §§ 27-602 and 27-603 of this chapter 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 dwelling units.
3.
Utilities. Telephone, electric, and cable TV utilities shall be installed
underground.
4.
Refuse Removal. Refuse stations to serve residential, recreational,
and commercial areas shall be designed with suitable screening, and
located so as to be convenient for trash removal and not offensive
to nearby residential areas.
[Ord. 1998-5, 7/20/1998, § 10.500]
1.
The developer shall make provisions which insure that the open space
land shall continue as such and be properly maintained. The developer
shall provide for and establish an organization for the ownership,
maintenance, and preservation of open space which shall conform to
the following standards and procedures:
A.
The organization shall be established by the developer before the
sale or rent of dwelling units in the PRD.
B.
The form, financial capability, rules of membership, and methods
of cost assessment of the organization shall be devised so as to insure
the successful fulfillment of the maintenance, preservation, and the
successful fulfillment of the maintenance, preservation, and improvement
responsibilities of the organization.
C.
The organization shall be responsible for maintenance, preservation
and improvement of open space areas.
D.
The organization shall have or hire adequate staff to administer
common facilities and maintain the open space.
E.
Public dedication of open spaces-an offer of dedication of open space
made by the developer in the development plan, before the establishment
of any organization responsible for open space areas, and accepted
by the Township shall constitute a fulfillment of responsibility for
providing and maintaining open space areas. The Township shall not
be required to accept the land offered for public dedication.
[Ord. 1998-5, 7/20/1998, § 10.600]
1.
A planned residential development may be developed in stages if the
following standards are met:
A.
The location and approximate time of construction of each stage are
clearly marked on the development plan.
B.
At least 15% of the dwelling units in the development plan are included
in the first stage.
C.
The second and subsequent stages are completed consistent with the
development 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 15% of the dwelling units included in the development
plan.
D.
To encourage flexibility of housing density and design in accord
with the purposes of this chapter, gross residential density may be
varied from stage to stage. A gross residential density in one stage
which exceeds the permitted average gross residential density for
the entire planned residential development must be offset by a gross
residential density in a completed prior stage which is less than
the permitted average gross residential density for the entire planned
residential development, or there must be an appropriate reservation
of common open space on the remaining land by a grant of easement
or covenant in favor of the municipality, which specifies the amount
and, if necessary, the location of the open space.
[Ord. 1998-5, 7/20/1998, § 10.700]
1.
Application for Preliminary Approval.
A.
The application for preliminary approval shall be executed by or
on behalf of the landowner and filed with the Board of Supervisors.
An initial deposit in the amount set within the Township's fee
schedule shall be paid upon filing of the application to the applied
against the expenses of processing the application and additional
deposits shall be made from time to time as requested by the Board
of Supervisors, not to exceed actual expenses incurred by the Township.
C.
Required documentation shall include, but not be limited to, materials
illustrating the following information:
(1)
The location, size, and topography of the PRD site.
(2)
The nature of the landowner's interest in the planned residential
development. Names and addresses of principals and major shareholders
of any applicant corporation.
(3)
The proposed land use areas within the PRD, distinguishing between
types of residential, nonresidential, and open space uses. Existing
and proposed water bodies and wetlands should be delineated.
(4)
The land use density of each land use within the PRD and the
average gross residential density for the entire planned residential
development.
(5)
The use and the approximate height, bulk, and location of buildings
and other structures.
(6)
The location, function, size ownership, and manner of maintenance
of the common open space.
(7)
The location, rights-of-way, and cartway widths of proposed
streets, and the location and capacity of areas for the parking of
vehicles.
(8)
The feasibility of proposals for sanitary sewerage, water supply,
and stormwater disposition systems.
(9)
The proposed location of all underground utility lines.
(10)
The substance of covenants, grant of easements, or other restrictions
to be imposed upon the use of land, buildings and structures including
proposed grants and/or easements, for open space areas and public
utilities, and the legal form of provision thereof.
(11)
In the case of plans which call for development in stages, a
schedule showing the approximate time within which applications for
final approval of each stage of the planned residential development
are intended to be filed and the approximate number of dwelling units,
types of dwelling units, and gross residential density for each type
of dwelling unit planned for each stage. The schedule shall be updated
annually on the anniversary of submission for preliminary approval.
D.
Application for preliminary approval shall include the following
plans and documents necessary in order for the official review agencies
to determine the adequacy of the proposals indicated above:
(1)
A site map or maps at one inch equals 50 feet or at one inch equals 100 feet delineating the hydrology, geology, soils, topography, and vegetation of the site as explained in § 27-1003.
(2)
Documents indicating the impact of the completed planned residential
development upon public facilities, utilities, roadway systems and
existing development. Projections as to the number of school children
in the PRD and the vehicular traffic generated by the PRD shall be
included. Projections as to the required water supply capacity and
wastewater volumes generated by the PRD shall be included. The projected
municipal costs of the completed PRD shall be compared to projected
municipal revenues from the PRD.
(3)
A site plan at one inch equals 50 feet or at one inch equals
100 feet illustrating the following information:
(a)
Existing contour lines at vertical intervals of not more than
two feet for land with average natural slope of 10% or less, and at
intervals of not more than five feet for land with average natural
slope exceeding 10%.
(b)
Types and approximate location of all buildings.
(c)
Right-of-way, cartway widths, and approximate locations for
all streets and proposed connections with the public street system.
Approximate location and size of all parking areas.
(d)
Approximate location of all open space areas indicating size,
nature of facilities, uses, and structures, if any.
(e)
Approximate location, size, and material of all sanitary sewer,
water supply, and storm drainage system lines; and, any proposed connection
to existing public facilities.
(4)
A plan at one inch equals 400 feet illustrating the relation
of the proposed planned residential development to the surrounding
area and all existing development within 1,000 feet of the PRD.
(5)
In the case of plans which call for development in stages, a
plan at one inch equals 100 feet delineating each stage or section
of the PRD consecutively numbered so as to illustrate phasing of development.
(6)
A written statement by the landowner setting forth the reasons
why, in his opinion, the planned residential development would be
in the public interest and would be consistent with the Township's
Comprehensive Plan.
(7)
One copy of every application for preliminary approval received
by the Board of Supervisors shall be promptly forwarded by the applicant
to the Monroe County Planning Commission for study and recommendation
as required by law.
E.
Public Hearings. Within 60 days after the filing of a complete application
for preliminary approval of a planned residential development pursuant
to this chapter, a public hearing pursuant to public notice on said
application shall be held by the Board of Supervisors (in the manner
prescribed in this chapter) for the enactment of an amendment. The
Chairman, or, in his absence, the acting Chairman, of the Board of
Supervisors 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.
A verbatim record of the hearing shall be caused to be made
by the Board of Supervisors whenever such records are requested by
any party to the proceedings; but the cost of making and transcribing
such a record shall be borne by the party requesting it and the expense
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.
F.
Findings.
(1)
The Board of Supervisors shall, by official written communication
to the landowner, within 60 days following the conclusion of the last
public hearing provided for in this Part, either:
(2)
Failure to so act within said period shall be deemed to be a
grant of preliminary approval of the development plan as submitted.
In the event, however, that preliminary approval is granted subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication of the Board of Supervisors
notify such agency of his refusal to accept all said conditions, in
which case, the Board of Supervisors shall be deemed to have denied
preliminary approval of the development plan. In the event the landowner
does not, within said period, notify the Board of Supervisors of his
refusal to accept all said conditions, preliminary approval of the
development plan, with all said conditions, shall stand as granted.
(3)
The grant or denial of preliminary approval by official written
communication shall include not only conclusions but also findings
of fact related to the specific proposal and shall set forth the reasons
for the grant, with or without conditions, or for the denial, and
said communication shall set forth with particularity in what respects
the development plan would or would not be in the public interest
including, but not limited to, findings of fact and conclusions on
the following:
(a)
In those respects in which the development plan is or is not
consistent with the Comprehensive Plan for the development of the
Township.
(b)
The extent to which the development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including, but not limited to, density, bulk, and use, and the reasons
why such departures are or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the open space in the planned
residential development, the reliability of the proposals for maintenance
and conservation of the open space, and the adequacy or inadequacy
of the amount and purpose of the open space as related to the proposed
density and type of residential development.
(d)
The physical design of the development plan and the manner in
which said design does or does not make adequate provision for public
services, provide adequate control over vehicular traffic, and further
the amenities of light and air, recreation, and visual enjoyment.
(e)
The relationship, beneficial or adverse, the proposed planned
residential development to the neighborhood in which it is proposed
to be established.
(f)
In the case of a development plan which proposes development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interests of the public and the residents
of the planned residential development in the integrity of the development
plan.
(4)
In the event a development plan is granted preliminary approval,
with or without conditions, the Board of Supervisors shall 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 period 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 preliminary approval
and an application for final approval shall not be less than three
months and, in 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.
G.
Status of Plan after Preliminary Approval. The official written communication
provided for in Subsection 1F of this section shall be certified by
the Secretary of the Board of Supervisors and shall be filed in his
office, and a certified copy shall be mailed to the landowner. Where
preliminary approval has been granted, the same shall be noted on
the Zoning Map.
Preliminary approval of a development plan shall not qualify
a plat of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given preliminary approval with conditions which
have been accepted by the landowner (and provided that the landowner
has not defaulted nor violated any of the conditions of the preliminary
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 landowner, 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
preliminary approval.
In the event that a development plan is a given preliminary
approval and thereafter, but prior to final approval, the landowner
shall elect to abandon said development plan and shall so notify the
Board of Supervisors in writing, or in the event the landowner shall
fail to file application or applications for final approval within
the required period of time or times, as the case may be, the preliminary
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 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.
2.
Application for Final Approval.
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 preliminary
approval, a section thereof. Said application shall be made to the
Board of Supervisors and within the time or times specified by the
official written communication granting preliminary approval. If the
application for final approval is in compliance with the preliminary
approved development plan, a public hearing need not be held.
B.
The application for final approval shall include a final plan at
a scale of 50 feet to the inch. If the final plan is drawn in two
or more sections, a key map showing the location of the several sections
shall be placed on each sheet. The final plan shall show the following:
(1)
Name of the planned residential development and the municipality
or municipalities in which it is located.
(2)
Name and address of the landowner and developer.
(3)
North point, graphic scale, and date.
(4)
Source of title to the land of the development as shown by the
books of the Recorder of Deeds.
(5)
Accurate boundary lines, with dimensions and bearings, which
provide a survey of the tract, closing with an error of not more than
one foot in 10,000 feet.
(6)
Total number of lots, lot lines, and lot numbers, where applicable,
within the development with distances accurate to the nearest hundredth
of a foot.
(7)
Total acreage of development, land uses in each area, total
number of dwelling units, number of each type of dwelling unit, average
gross residential density, and gross residential density in each section.
(8)
Building coverage lines accurately locating all types of dwelling
units, and nonresidential structures, giving dimensions of the structures,
distances between the structures, distances to street rights-of-way
and parking areas, with distances accurate to the nearest hundredth
of a foot.
(9)
Accurate dimensions of open space areas specifically indicating
those areas to be preserved in their natural state and those areas
to be developed for active recreation. Where open space areas are
to be developed, the exact location of structures in open space areas
will be illustrated. The location of all water bodies including wetlands
shall be delineated.
(10)
Names, locations, cartways, rights-of-way, and other dimensions
of existing and proposed streets including center line courses, and
curve data.
(11)
Locations and dimensions of parking areas and pedestrian walkways.
(12)
Location and material of all permanent monuments and lot markers.
(13)
Location and dimensions of easements for utilities and any limitations
on such easements.
(14)
The following certificates:
(a)
Certification with seal and signature, by a registered engineer
or land surveyor to the effect that the survey and plan are correct.
(b)
Certificate for approval by the Board of Supervisors.
(c)
Certificate of dedication of streets, public facility sites,
or open space when such dedication is proposed.
(15)
In the case of a planned residential development proposed to be developed over a period of years final plan requirements as listed in Subsections 2B(6) through (13) above will apply only to the section for which approval is being sought. However, the final plan presented for the section to be developed must be considered as it related to information regarding densities and types of dwelling units, location of open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in the application for preliminary approval.
C.
The final plan shall be accompanied by the following materials:
(1)
Final drawings for the installation of all improvements based on § 27-1003 of this chapter and Part of the Township's Subdivision and Land Development Ordinance [Chapter 22]. Final profiles and cross-sections for street, sanitary sewer, water supply, and storm drainage system improvements shall be presented. Each system shall be illustrated on one or more separate sheets.
(2)
Architectural drawings illustrating exterior arid interior designs
of typical dwelling units of each type and nonresidential structures
to be constructed.
(3)
All covenants running with the land governing the reservation
and maintenance of dedicated or undedicated open space land. These
shall bear the certificate of approval of the Township Solicitor as
to their legal sufficiency.
(4)
Restrictions of all types which will run with the land and become
covenants in the deeds of lots shown on the final plan.
(5)
Such certificates of approval by authorities as have been required
in this chapter, including certificates approving the water supply
system and the sanitary sewer system.
4.
Procedure after Application for Final Approval.
A.
In the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support thereof,
as required by this chapter and the official written communication
of preliminary approval, the Board of Supervisors shall, within 45
days of such filing, grant such development plan final approval.
B.
In the event the development plan as submitted contains variations
from the development plan given preliminary approval, the Board of
Supervisors may refuse to grant final approval and shall, within 45
days from the filing of the application for final approval, so advise
the landowner in writing of 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 landowner may either:
(1)
Refile his application for final approval without the variations
objected.
(2)
File a written request with the Board of Supervisors that it
hold a public hearing on his application for final approval. If the
landowner 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 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. Any such public hearing shall be held pursuant to public notice
within 30 days after request for the hearing is made by the landowner,
and the hearing shall be conducted in the manner prescribed in this
chapter for public hearings on applications for preliminary approval.
Within 30 days after the conclusion of the last hearing, the Board
of Supervisors shall, by official written communication, either grant
final approval to the development plan or deny final approval. The
grant or denial of final approval of the development plan shall, in
cases arising under this section, be in the form and contain the findings
required for an application for preliminary approval set forth in
this chapter.
C.
A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by the governing body
and shall be filed of record within 90 days after final approval has
been granted in the office of the County 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 period of
five years 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.
D.
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 Board of Supervisors in writing; or, in the event the landowner
shall fail to commence and carry out the planned residential development
or of that part thereof, within a period of five 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 reclassified by enactment of an amendment to
this chapter in the manner prescribed for such amendments in this
chapter.
[Ord. 1998-5, 7/20/1998, § 10.800]
1.
To further the mutual interest of the residents of the planned residential
development and of the public in the preservation of the integrity
of the development plan, as finally approved, and to insure that modifications
if any, in the development plan shall not impair the reasonable reliance
of the said residents upon the provisions of the development plan,
nor result in changes that would adversely affect the public interest,
the enforcement and modification of the provisions of the development
plan as finally approved, whether those are recorded by plat, covenant,
easement or otherwise shall be subject to the following provisions:
A.
The provisions of the development plan relating to (1) the use, bulk
and location of buildings and structures, (2) the quantity and location
of common open space, except as otherwise provided in this chapter,
and (3) the intensity of use or the density of residential units,
shall run in favor of the Township and shall be enforceable in law
or in equity by the Township, without limitation on any powers of
regulation otherwise granted the Township by law.
B.
All provisions of the development plan shall run in favor of the
residents of the planned residential development but only to the extent
expressly provided in the development plan and in accordance with
the terms of the development plan, and to that extent said provisions,
whether recorded by plat, covenant, easement or otherwise, maybe enforced
by law or equity by said residents acting individually, jointly, or
through an organization designated in the development plan to act
on their behalf; provided, however, that no provisions of the development
plan shall be implied to exist in favor of residents of the planned
residential development except as to those portions of the development
plan which have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced
by the Township under this section may be modified, removed, or released
by the Township, except grants or easements relating to the service
or equipment of a public utility, subject to the following conditions:
(1) no such modification, removal or release of the provisions of
the development plan by the Township shall affect the rights of the
residents of the planned residential development to maintain and enforce
those provisions, at law or equity, as provided in this section; (2)
no modification, removal or release of the provisions of the development
plan by the Township shall be permitted except upon a finding by the
Board of Supervisors or its designated agency, following a public
hearing thereon pursuant to public notice called and held in accordance
with the provisions of this chapter, that the same is consistent with
the efficient development and preservation of the entire planned residential
development, does not adversely affect either the enjoyment of land
abutting upon or across the street from the planned residential development
or the public interest, and is not granted solely to confer a special
benefit upon any person.
D.
Residents of the planned residential development may, to the extent
and in the manner expressly authorized by the provisions of the development
plan, modify, remove or release their rights to enforce the provisions
of the development plan but no such action shall affect the right
of the Township to enforce the provisions of the development plan
in accordance with the provisions of this section.
