The purpose of this article is to create residential
development which is more creative and imaginative and which will
foster more efficient, aesthetic and desirable use of open areas than
is generally possible under conventional zoning district controls
and subdivision requirements. Further, these regulations are intended
to promote more economical use of land potential while providing a
latitude in building design, building placement, amenities and community
facilities of appropriate quality, oriented to the specific development
site characterized by special features of topography, shape or size,
and at the same time preserve the natural scenic qualities of the
open spaces and of Girard Township.
Planned residential developments (PRD) may be permitted by conditional use in Girard Township, subject to the restrictions, qualifications and requirements cited in this chapter, as enumerated herein below and consistent with Article VII of the Pennsylvania Municipalities Planning Code.[1] Provisions of this chapter and Chapter 174, Subdivision and Land Development, concerned with dwelling type, bulk, density and open space shall not be applied when planned residential development proposals are approved, except when specifically indicated by the provisions contained in this chapter or within the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
A.
A minimum land area for a PRD shall be 25 contiguous
acres. The applicant for a PRD plan approval shall evidence a full
ownership interest in the land. The evidence shall either be legal
title or an executed binding sales agreement.
B.
The project shall be in single, legal as well as equitable,
ownership prior to approval of the final development plan.
A.
In any instance where public or municipal sewer and
water facilities are available and are capable of being extended to
the development site, the developer shall connect the project to such
facilities. If the cost of the connector facility or line is more
than the cost for the installation of an interim treatment facility,
the developer shall not be required to connect to the municipal system.
B.
Central water service shall be supplied to each structure
to be erected in the development subject to the above-mentioned rules
and regulations, as well as any other requirements of the federal
or state government. A fire hydrant shall be provided within 500 feet
of each structure.
C.
The developer shall provide within the planned development
a storm drainage system which shall be of sufficient size and design
to collect, carry off and dispose of all predicable surface water
runoff within the development and shall be so constructed as to conform
with the statutes, ordinances and regulations of the Commonwealth
of Pennsylvania and the Township of Girard. The adequacy of said facilities
shall be determined by the Township Engineer.
D.
All PRD developments shall be regulated to the local and regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission, Board of Supervisors, the Township Engineer and appropriate officials of the Pennsylvania Department of Transportation that traffic circulation will not be adversely influenced, that additional traffic hazards will not be created and that public and private road systems are adequate in terms of traffic volume capacity and construction type to accommodate the projected PRD generated traffic. Street construction in PRDs shall conform to all street and roads standards of Chapter 174, Subdivision and Land Development.
The planned residential development provisions
of this chapter shall first be administered by the Girard Township
Planning Commission which shall review all applications on the basis
of specified standards, conditions, regulations and procedures and
shall make recommendations to the Board of Supervisors which shall
conduct public hearings and have final authority to approve, modify
or disapprove development plans.
A.
Density.
(1)
Residential density shall not exceed four units per
gross acre of land within the development. If less than 30% of the
gross acres are considered buildable acres, the density shall be reduced
to three units per acre.
(2)
The Township reserves the right to reduce density
levels in any proposed PRD if it determines that:
(a)
There is inconvenient or inadequate vehicular
access to the development;
(b)
Traffic congestion resulting in level of service
ratings of D, E or F, as determined by PennDOT criteria, or a decrease
of two or greater level ratings, or similar conditions as determined
by a traffic analysis on adjoining streets will be generated;
(c)
An excessive burden will be placed upon the
ability of responsible public agencies to provide needed public facilities
to serve the proposed development.
B.
Lot and structure requirements.
(1)
Lot size. There shall be no minimum lot size or lot
width. However, every single-family dwelling shall have access to
a public street, court, walk or other area dedicated to public use.
No structure or group of structures shall be erected within 20 feet
of any other structure or group of structures.
(2)
Setback. All structures on the perimeter of the development
must be set back 100 feet from property boundaries and 100 feet from
existing road center lines.
(3)
Height: consistent with zoning district.
(4)
Location of structures. The proposed location and
arrangement of structures shall not be detrimental to existing or
prospective adjacent structures or to existing or prospective development
of the neighborhood.
(5)
It shall be the responsibility of the developer and
the Board of Supervisors, after receiving recommendations from the
Planning Commission, to take into consideration the health, safety
and welfare of the residents when determining the building location,
length, width and height of the proposed buildings.
(6)
Lot coverage shall be consistent with the zoning district
in which the PRD is located and shall be based upon the entire PRD.
C.
Open space.
(1)
Area limitations for various uses. Within the PRD,
the following percentages of the total gross land area shall be devoted
to specified uses as indicated herewith:
(a)
A maximum of 50% of gross acreage for residential
use. Land devoted to residential use shall be deemed to include those
streets, alleys, parking areas, private open spaces and courts, which
abut and service primarily residences or groups of residences. A maximum
of 10% of this 50% may be used for accessory retail, dining and service
facilities and parking associated with these uses;
(b)
A minimum 50% of gross acreage for open space
uses. Open space shall not include space devoted to streets and parking.
(2)
Use.
(a)
Open space uses may be any combination or single
use listed below:
(b)
Unless devoted to agriculture or forest uses,
these areas must be owned by a land trust, government, homeowners'
association, or similar responsible body to ensure maintenance or
proper management in perpetuity. If devoted to agriculture or private
forestry, means for appropriate permanent dedication or deed covenants
to prevent its development shall be required prior to approval. Unless
developed parklands for active recreation, no tract of open space
shall be less than five contiguous acres.
(3)
Peripheral open space. Required setback areas from property lines and road rights-of-way shall be maintained as permanent peripheral open space. This space shall surround the entire PRD. It may be owned by a single party, land trust, government, homeowners' association, or individual homeowners, provided that means are emplaced to ensure this peripheral area remains undeveloped or utilized for agriculture/forest use in perpetuity. If the lands are to be developed as parklands or golf courses, the developer shall submit a plan for a homeowners' association or similar management structure to assure maintenance in perpetuity. Unless devoted to agriculture, or containing natural vegetation of suitable size, this peripheral open space shall be planted with a buffer yard which shall meet minimum standards as contained in § 200-58A(1) of this chapter. The Township may require buffering between agricultural areas and other uses within the PRD.
(4)
A PRD shall be approved subject to the submission
of a legal instrument or instruments setting forth a plan or manner
of permanent care and maintenance of such open spaces, recreational
areas and communally owned facilities. No such instrument shall be
acceptable until approved by the Township Solicitor as to legal form
and effect, and the Board of Supervisors as to suitability for the
proposed use of the open areas.
(5)
In cases where the Township will not be accepting
dedications of streets, recreation areas or open spaces to be used
for general recreation, the landowner shall provide for an organization
or trust for ownership and maintenance.
(6)
If the common open space is deeded to a homeowners'
association or a nonprofit corporation established on a membership
basis, the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application
for the preliminary approval. If there is a homeowners' association
under the Unit Property Act,[1] the developer must file a declaration of rule and regulations.
The provisions shall include, but not be limited to, the following:
(a)
The homeowners' association or nonprofit corporation
must be set up before the homes are sold;
(b)
Membership must be mandatory for each home buyer
and any successive owner;
(c)
The open space restrictions must be permanent,
not just for a period of years;
(d)
The association must be responsible for liability
insurance, local taxes, and the maintenance of recreational and other
facilities;
(e)
Homeowners must pay their pro-rata share of
the cost. The assessment levied by the association can become a lien
on the property.
(f)
The association must be able to adjust the assessment
to meet changed needs.
[1]
Editor's Note: The Unit Property Act was repealed by 1980,
July 2, P.L. 286, No. 82, § 2. For current provisions see
the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
(7)
The Township may, at any time and from time to time,
accept the dedication of land or any interest therein for public use
and maintenance, and the Township may, but need not, require, as a
condition of the approval of a planned residential development, that
land proposed to be set aside for common open space be dedicated or
made available to public use.
(8)
Maintenance by Township.
(a)
In the event that the organization established
to own and maintain common space, or any successor organization, shall
at any time after establishment of the PRD fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan, the Township may serve written notice upon such
organization or upon the residents of the PRD setting forth the manner
in which the organization has failed to maintain the common open space
in reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be corrected within 30 days thereof,
and shall state the date and place of hearing thereon which shall
be held within 14 days of the notice. 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 corrected.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be corrected within said 30 days or an extension
thereof, the Township, in order to preserve the taxable values of
the properties within the PRD and to prevent the common open space
from becoming a public nuisance, may enter upon said common open space
and maintain the same for a period of one year.
(b)
Said maintenance by the Township shall not constitute
a taking of said common open space, nor vest in the public any rights
to use the same. Before the expiration of said year, the Township
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such organization, or to the
residents of the PRD, to be held by the Township Supervisors, at which
hearing such organization of the residents of the PRD shall show cause
why such maintenance by the Township shall not, at the option of the
Township, continue for a succeeding year. If the Township Supervisors
shall determine that such organization is ready and able to maintain
said common open space in reasonable condition, the Township shall
cease to maintain said common open space at the end of said year.
If the Township Supervisors shall determine that such organization
is not ready and able to maintain said common open space during the
next succeeding year and, subject to a similar hearing and determination,
in each year thereafter. The decision of the Township Supervisors
shall be subject to appeal to court in the same manner, and within
the same time limitation, as is provided for zoning appeals by the
Pennsylvania Municipalities Planning Code Act 247 of 1968, as amended.
(c)
The cost of such maintenance by the Township
shall be assessed ratably against the properties within the PRD that
have a right of enjoyment of the common open space, and shall become
a lien on said properties. The Township, at the time of entering upon
said common space for the purpose of maintenance, shall file a notice
of lien in the office of the Prothonotary of the County, upon the
properties affected by the lien within the PRD.
D.
Permitted uses:
(2)
Accessory retail dining and service facilities may
be permitted by specific approval of the Board of Supervisors, provided
that such uses are primarily for the service and convenience of the
residents of the PRD. At least 80% of the total planned dwelling units
of the total project must be physically constructed prior to any nonresidential
use construction.
(3)
Personal care homes and nursing homes, as an accessory
to provide a continuum of care in PRDs exclusively for the residence
of persons over the age of 55.
(4)
No PRD shall be approved unless it is consistent with
the purposes of the regulations as stated in the purpose of this article.
Each PRD shall be planned as an entity, and such planning shall include
a unity site plan, consideration of land uses and usable open spaces,
site-related vehicular and pedestrian circulation systems, and preservation
of significant natural features. The plan may consider a multiplicity
of housing types.
E.
Parking. Parking shall be provided as follows:
(1)
There shall be a minimum of two off-street parking
spaces for each dwelling unit. Said spaces shall be situated within
200 feet of the dwelling units served.
(2)
Parking areas shall be designed to minimize excessive
numbers of vehicles in any one area. Continuous rows of more than
10 vehicles shall be interrupted with appropriate landscaping.
F.
Circulation.
(1)
Vehicular access within the PRD shall be designed
to permit smooth traffic flow with minimum hazard to vehicular or
pedestrian traffic. All internal streets shall be oriented and designed
in a manner which will discourage use by through traffic.
(2)
A pedestrian and bicycle circulation system shall
be established to serve all elements within the development. The pedestrian
and bicycle circulation system shall be reasonably segregated from
vehicular traffic to provide separation of vehicular and pedestrian
movement.
G.
Landscaping.
(1)
A general landscaping plan shall be required at the
time of the original submission to be followed by a detailed landscaping
plan prior to final approvals. The detailed plan shall show the spacing,
sizes and specific types of landscaping materials.
(2)
Existing trees shall be preserved whenever possible.
The location of trees shall be considered when planning the site elements
such as open spaces, building location, walks, paved areas, playgrounds,
parking, circulation systems and finished grade levels.
(3)
A grading plan and an erosion and sedimentation plan
shall be provided prior to any construction or site development activity
which will confine excavation, earth moving procedures, and other
changes to the landscape in order to ensure preservation and prevent
despoliation of the character of the project site.
(4)
All manufactured slopes shall be planted or protected
from erosion and shall be of a character to blend with surrounding
terrain.
(5)
Layout of parking areas, service areas, entrances,
exits, yards, courts and landscaping, and control of signs, lighting,
noise or other potentially adverse influences shall be established
in a manner which will protect residential character within the PRD
District and in any adjoining district.
(6)
Within a PRD all utilities, including telephone, television
cable and electrical systems, shall be installed underground; provided,
however, appurtenances to these systems which require on-grade installation
must be effectively screened.
H.
Signs.
(1)
All sign internal installations and lighting of signs
shall meet the standards for signs established for residential districts
by this chapter.
(2)
Plans shall indicate the location, size and character
of any sign within the PRD intended to be seen from public ways outside
the district.
(3)
No more than two sign surfaces, each with surface
area not exceeding 20 square feet, shall be permitted at any principal
entrance to the district.
I.
Waste disposal. Adequate provision shall be provided
for garbage and trash removal.
The developer shall obtain required approvals
for PRDs by following a four-step review process, which shall consist
of an initial submission, a preliminary development plan, public hearings
and approvals, and a final development plan. The Planning Commission
shall review the initial submission and preliminary development plan
and make recommendations to the Board of Supervisors which shall hold
public hearings and make a decision on the final development plan.
A.
Initial submission.
(1)
Each applicant shall confer with the Girard Township
Planning Commission at a scheduled monthly meeting.
(2)
A written statement of planning objectives to be achieved
by the applicant shall be included for discussion. The statement shall
include a description of the character of the proposed development
and the rationale behind the assumptions and choices made by the applicant.
Every application shall be based on and interpreted in relation to
the community development goals and objectives and Comprehensive Plan
for Girard Township.
(3)
No formal requirement for plan or material submission
is established for the initial submission. However, the higher the
level of data the developer presents, such as sketch plans, land use
concepts, density ranges proposed, ancillary use proposals, site information,
existing perimeter conditions, access considerations and utility needs,
the more direction he will receive for guidance in preparing an acceptable
plan for local approval.
(4)
No development plans shall be considered for formal
Planning Commission review until the initial submission has been made.
B.
Preliminary development plan (application for tentative
approval). A preliminary development plan shall be presented in sufficient
detail to provide the Township Planning Commission with a major substantive
review of the proposed PRD. This step of approval process shall be
initiated by, or on behalf of, the developer, through the submission
of a formal application for tentative approval of a PRD to the Township
Planning Commission. The application shall be submitted no later than
14 days prior to the regular monthly meeting of the Planning Commission
at which the development plan is to be considered. The following documentation
shall be submitted in support of the application:
(1)
Written documents:
(a)
The title under which the subdivision or land
development is to be recorded;
(b)
A legal description of the total site proposed
for development, including a statement of present and proposed ownership,
present and proposed zoning, and the names and addresses of all owners
of adjacent property;
(c)
A statement of planning objectives as detailed under § 200-65A(2).
(d)
A statement of the applicant's intentions with
regard to the future selling or leasing of all or portions of the
PRD, such as land areas, dwelling units, etc.;
(e)
Quantitative data for the following: total number
and type of dwelling units; parcel size; proposed lot coverage of
buildings and structures; approximate gross and net residential densities;
total amount of open space, including a separate figure for usable
open space; total amount of nonresidential construction; including
a separate figure for commercial or institutional facilities; economic
feasibility studies or market analysis where necessary; and other
studies as may be designated by the Planning Commission;
(f)
The name and address of the owner of the subdivision
or land development, or of his agent, if any, and of the subdivider
or developer;
(g)
The name and address of the engineer or surveyor,
together with his registration number and seal attached.
(2)
Site plan and supporting maps. A site plan at a scale
no smaller than one inch equals 100 feet (except where total size
of PRD dictates a smaller scale) and any maps necessary to show the
major details of the proposed PRD shall contain the following minimum
information:
(a)
The existing site conditions, including contours
at a minimum interval of two feet up to ten-percent slope and a minimum
interval of five feet for over ten-percent slope, watercourse, floodplains,
unique natural features, and forest cover and other natural vegetation
considered significant by the Planning Commission and the Township
Engineer.
(b)
Proposed lot lines and plot designs. The plot
and property lines of the proposed plan to include their courses and
distances and the interior angles of their intersections with the
boundary lines of adjacent property.
(c)
The location and floor area size of all existing
and proposed buildings, structures and other improvements, including
maximum heights, types of dwelling units by code, density per type,
and nonresidential structures, including commercial facilities. All
structures shall be distinguished and identified on the plan by code.
Preliminary evaluations and/or architectural renderings of typical
structures and improvements shall be provided. Such drawings shall
be sufficient to relay the basic architectural intent of the proposed
improvements but should not be encumbered with final detail at this
stage.
(d)
The location and size in acres or square feet
of all areas to be conveyed, dedicated or reserved as common open
spaces, public parks, recreational areas, school sites and similar
public and semipublic uses. The form of organization proposed to own
and maintain the common open space.
(e)
The existing and proposed circulation system
of arterial, collector and local streets, including off-street parking
areas, service areas, loading areas and major points of access to
public rights-of-way, including major points of ingress and egress
to the development. Notations of proposed ownership, public or private,
should be included where appropriate. Detailed engineering drawings
of cross sections and street standards shall be handled in the final
development plan stage.
(f)
The existing and proposed pedestrian circulation
system, including its interrelationships with the vehicular circulation
system, including proposed treatments of points of conflict.
(g)
The existing and proposed utility systems, including
sanitary sewers, storm sewers and water, electric, gas and telephone
lines. If on-lot sewage disposal (septic tank) is to be utilized in
the development, the developer shall submit soil percolation tests
certified by the Municipal Sewage Enforcement Officer or by the Department
of Environmental Protection of the Commonwealth of Pennsylvania or
its successor, conducted in accordance with the provisions of the
Pennsylvania Sewage Facilities Act, rules and regulations. If water
is to be provided by means other than by private wells owned and maintained
by the individual owners of lots within the plan, the developer shall
present evidence to the Planning Commission that the plan is to be
supplied by a certified public utility, a bona fide cooperative association
of lot owners or by a municipal corporation, authority or utility.
A copy of a certificate of public convenience from the Public Utility
Commission, or an application for such certificate, a cooperative
agreement, or a commitment for agreement to serve the plan, whichever
is appropriate, shall be acceptable evidence.
(h)
A general landscape plan indicating the treatment
of materials used for private and common open space. The landscape
plan should be in general schematic form at this stage. A grading
plan is not required at this stage.
(i)
Enough information on land areas adjacent to
the proposed PRD to indicate the relationships between the proposed
development and existing and proposed adjacent areas, including land
uses, zoning classifications, densities, circulation systems, public
facilities and unique natural features of the landscape.
(j)
The proposed treatment of the perimeter of the
PRD, including materials and techniques used, such as screens, fences
and walls.
(k)
The substance of any covenants, grants, easements
or other restrictions to be imposed upon the use of lands or buildings
in the development.
(l)
Any additional information as required by the
Planning Commission necessary to evaluate the character and impact
of the proposed PRD.
(3)
Projected scheduling of phases. In the case of development
plans which call for development over a period of years, a schedule
shall be provided showing the proposed times within which applications
for final approval of all sections of the PRD are intended to be filed.
This schedule shall be reviewed annually with the Planning Commission
by the developer on the anniversary of the tentative approval, until
the development is completed and accepted. It shall be the obligation
of the developer to request said reviews, in writing, within the thirty-day
period prior to the anniversary date of the tentative approval. The
time period between grant of tentative approval and application for
final approval shall not be less than 90 days, and, in the case of
developments to be carried out 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.
C.
Public hearings and approvals.
(1)
Within 60 days following the regular monthly meeting
of the Planning Commission, at which the application for tentative
approval of a PRD is officially reviewed, a public hearing pursuant
to public notice on said application shall be held by the Board of
Supervisors. The Chairman, or in his absence the Acting Chairman,
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.
(2)
A verbatim record of the hearing shall be caused to
be made by the governing body whenever such records are requested
by any party to the proceedings; 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.
(3)
The Board of Supervisors may continue the hearing
from time to time; provided, however, that in any event, the public
hearing or hearings shall be concluded within 60 days after the date
of the first public hearing.
(4)
Approval or disapproval.
(a)
The Girard Township Board of Supervisors, within
60 days following the conclusion of the public hearing, shall, by
official written communication to the developer, either:
(b)
Failure to so act within said period shall be
deemed to be a grant of tentative approval of the development plan
as submitted. In the event, however, the tentative approval is granted
subject to conditions, the developer may, within 30 days after receiving
a copy of the official written communication of the Board of Supervisors,
notify such body of his refusal to accept all said conditions, in
which case, the Board of Supervisors shall be deemed to have denied
tentative approval of the development plan. In the event the developer
does not, within said period, notify the Board of Supervisors of his
refusal to accept all said conditions, tentative approval of the development
plan with all said conditions shall stand as granted.
(c)
The Board of Supervisors in its official written
communication to the developer, a copy of which shall be submitted
to the Planning Commission, shall indicate not only its decision but
also findings of fact resolving:
[1]
The extent to which the development plan is
or is not consistent with the Girard Township Comprehensive Plan;
[2]
The extent to which the development plan departs
from zoning and the subdivision regulations otherwise applicable to
the subject property, and the reasons why such departures are or are
not deemed to be in the public interest;
[3]
The purpose, location and amount of the common
open space in the development plan and proposals for maintenance and
conservation of the common open space;
[4]
The merits of the physical design, including
the manner in which the design does or does not make adequate provisions
for public services, provide adequate control over vehicular traffic
and furthers the amenities of light and air, recreation and visual
enjoyment;
[5]
The relationship, beneficial or adverse, of
the proposed PRD to the neighborhood in which it is proposed to be
established; and
[6]
The adequacy of the terms and conditions governing
the development intended to protect the interests of the public and
the residents of the PRD if such development is carried out over a
period of years.
(d)
The Zoning Administrator of Girard Township
shall certify two copies of the official written communication. One
copy shall be retained by the Board of Supervisors and the other sent
to the developer via certified mail.
(e)
Tentative approval of a development plan, whether
conditional or unqualified, shall not qualify a plat of a PRD for
recording nor authorize development or the issuance of any building
or construction permits. Except for the terms specified by a tentative
approval, a tentative approval shall not be modified or revoked nor
otherwise impaired by action of the municipality pending the applications
for final approval, provided that the applications for final approval
are filed not later than 90 days after being granted tentative approval.
(f)
The approved tentative plan shall be submitted
to the Erie County Planning Commission for review and comments.
(g)
In the event that the development plan is given
tentative approval and thereafter, but prior to final approval, the
developer shall elect to abandon said development plan and shall so
notify the Secretary/Treasurer of Girard Township, in writing, or
in the event the developer 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.
D.
Final development plan. After the preliminary development
plan is approved by the Planning Commission, the developer shall thereafter
submit detailed plans for any part or section of the land for which
he desires final approval. An application for final approval shall
be submitted to the Zoning Administrator of Girard Township at least
14 days prior to the regular Planning Commission meeting at which
the application is to be considered. The Planning Commission shall
review the detailed plans to determine if they comply with this section
and with the overall plan originally submitted by the developer and
shall make recommendations to the Board of Supervisors. No zoning
or building permit shall be issued until after approval by the Board
of Supervisors of the detailed plans for the section in which the
proposed development is located. Approval of any detailed plans shall
lapse unless more than token construction is started in this section
within one year. No legal or equitable conveyance of land or buildings
within the development may be made until the developer has complied
with all applicable ordinances.
(1)
The application shall contain, for the areas for which
final approval is sought, all requirements of the proposed plan and
the written report necessary to obtain tentative approval, and in
addition:
(a)
Construction documents for the building of streets,
sidewalks, parking areas, sanitary sewer lines, water lines, storm
drainage systems, erosion and sedimentation control facilities and
recreation;
(b)
Letters from the public suppliers of water and
sewage disposal starting they will serve the development; or a letter
from the Pennsylvania Department of Environmental Protection of the
Commonwealth of Pennsylvania or its successors stating that the proposed
sewage disposal system and/or water supply system to be provided by
the developer meet the requirements of the Department and that the
Department has approved said plans and specifications;
(c)
Certificate from either the Department of Environmental
Protection of the Commonwealth of Pennsylvania or its successors or
the Erie County Conservation District stating that the erosion and
sedimentation control plan has been approved and that a permit has
been issued for earthmoving activity by the Department;
(d)
A certified performance bond, improvement bond,
or other security acceptable, to the benefit of the municipality in
which the development is located, the amount of bond equal to 110%
of the estimated cost for installation of all public improvements,
such amount to be established by the engineer designing the facilities
in cooperation with the Township Engineer. The Township Supervisors
may require the posting of financial security to secure the structural
integrity of any improvements consistent with standards authorized
by the Pennsylvania Municipalities Planning Code.
(e)
Any covenants and rights of easement, in the
form in which they will be filed as legal documents, affecting development;
and
(f)
A written description indicating changes made
in the tentative plan required to secure tentative approval.
(2)
In
the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support thereof,
and as required by the official written communication of tentative
approval, the Board of Supervisors shall, within 45 days of such filing,
grant such development plan final approval.
(3)
The
final development plan shall be deemed in substantial compliance with
the preliminary development plan, provided modification by the applicant
does not involve a change of any of the following:
(a)
Violate any provision of this section.
(b)
Vary the lot area requirement by more than 10%
of the amount specified on the approved preliminary development plan.
(c)
Increase the floor area proposed for nonresidential
use by more than 10% of the area specified on the approved preliminary
development plan.
(d)
Increase the total ground area covered by buildings
by more than 5% of the amount specified on the approved preliminary
development plan.
(4)
Minor changes in the location, siting, and height
of buildings and structures may be authorized by the Board of Supervisors
without additional public hearings if required by engineering or other
circumstances not foreseen at the time the final plan was approved
and a positive recommendation is received from the Planning Commission.
No change authorized by this subsection may cause any of the following:
(a)
A change in the use or character of the development.
(b)
An increase in overall coverage of structures.
(c)
An increase in the intensity of use.
(d)
An increase in the problems of traffic circulation
and public utilities.
(e)
A reduction in approved open space.
(f)
A reduction of off-street parking and loading
space.
(g)
A reduction in required pavement widths.
(5)
In the event the development plan as submitted contains
variations from the development plan given tentative approval, the
Board of Supervisors may refuse to grant final approval and shall,
within 45 days from the filing of the application for final approval,
so advise the developer, in writing, of said refusal, setting forth
in said notice the reasons why one or more of said variations are
not in the public interest.
(b)
If the developer 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 developer was advised that the development plan
was not in substantial compliance. In the event the developer 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 developer, and the hearing
shall be conducted in the manner prescribed in this section for public
hearings on applications for tentative approval. Within 30 after the
conclusion of the hearing, the Board of Supervisors shall by official
written communication either grant final approval to the development
plan or deny final approval. The grant or denial of final approval
of the development plan, in cases arising under this subsection, shall
be in the form and contain the findings required for an application
for tentative approval.
(6)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed within 15 days after grant of final approval in the office of the Erie County Recorder of Deeds before any development shall take place in accordance therewith. Unless the development plan or part thereof is so recorded, no construction shall commence on the project site. 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. Each structure in the development will require a separate building permit. Not later than the date on which the finally approved plan is recorded, the developer shall post with the Township the certified performance bond required by Subsection D(1)(d) above.
(7)
In the event that a development plan, or a section
thereof, is given final approval and thereafter the developer 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 developer shall fail to commence and carry out the planned
development within the schedule projected and approved in the application
for tentative approval, or such amendment as subsequently mutually
agreed to by the developer and the Board of Supervisors, no development
or further development shall take place on the property included in
the development plan until the property or portion not yet developed
is reclassified by enactment of an amendment to this chapter, placing
it in an appropriate zoning district.
(8)
If the sequence of construction of various portions
of the development is to occur in stages, then the open space and/or
recreational facilities shall be developed, or committed thereto,
in proportion to the number of dwelling units intended to be developed
during any given stage of construction as approved by the Board of
Supervisors. Furthermore, at no time during the construction of the
project shall the number of constructed dwelling units per acre of
developed land exceed the overall density per acre established by
the approved final development plan.
A.
A PRD may be resold or leased, or subdivided for purposes
of sale or lease, after final completion of all phases of the final
development plan.
B.
If the subdivision of such planned development will
create a new lot or plot line, the applicant shall apply to the Planning
Commission for review of the subdivision. The Planning Commission
shall submit a recommendation to the Board of Supervisors, which shall
take action on the subdivision plan only if each section of the subdivided
development meets all provisions of this chapter governing PRDs.
C.
All sections of a subdivided planned development shall
be controlled by the final development plan.
A.
After general construction commences, the Girard Township
Zoning Administrator shall review, at least once every six months,
all building permits issued and compare them to the overall development-phasing
program. If he determines that the rate of construction of residential
units or nonresidential structures substantially differs from the
phasing program, he shall so notify the developer and the Board of
Supervisors in writing. Thereafter, the Board of Supervisors may issue
such orders to the developer as it sees fit, and, upon continued violation
of this subsection, may suspend the developer from further construction
of dwelling units or nonresidential structures until compliance is
achieved.
B.
The Board of Supervisors shall require a performance
bond be furnished and filed with the Zoning Administrator for private
improvements. An escrow agreement and account approved by the Township
Solicitor as to form and content shall be required in the amount of
125% of the estimated construction cost and engineering for each phase
of development. These funds may be dispersed upon certification by
the project engineer and by the Township acting through the Township
Engineer. Said escrow shall accompany the request for final approval
to ensure completion of all public site improvements, streets, parking
areas, sewers, utilities, landscaping, plantings and screening.
C.
Before any building permit may be issued in the planned
development, all agreements, contracts, deed restrictions and sureties
shall be in a form acceptable to the Township, all sureties required
shall be provided, and all payments due to the Township or its agents
shall be made.
D.
Sureties regarding completion of development shall
generally take the form of sureties by a corporate surety company
licensed to do business in the Commonwealth of Pennsylvania, although
in specific cases other forms of surety may be found to be acceptable
to the Township.
E.
Sureties for continuing operation and maintenance
of areas, facilities and functions not to be a responsibility of the
Township and performed at general Township expense may take any form
acceptable to the Township, but shall include agreement that if operation
and maintenance of such areas, facilities and functions is not continued
as set forth in the final plan and report, the Township may, in addition
to other remedies, operate and maintain such areas, facilities and
functions in the manner required in the final plan and report, with
costs assessed ratably against properties within the development having
right of use of such areas, facilities and services and such costs
shall become a lien on said properties.
F.
In the event that a development plan, or a section
thereof, is given final approval and thereafter the developer shall
abandon such plan or the section thereof that has been finally approved
and shall so notify the Planning Commission in writing; or, in the
event the developer shall fail to commence and carry out the PRD within
such reasonable period of time as may be fixed by ordinance after
final approval has been granted, no development or further development
shall take place on the property included in the development plan
until after the said property is resubdivided and is reclassified
by enactment of an amendment to this chapter in the manner prescribed
for such amendments.
G.
Any decision of the Board of Township Supervisors
in granting or denying tentative or final approval of a planned residential
development plan shall be subject to appeal to a court in the manner
as provided for in the Pennsylvania Municipalities Planning Code,
Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
As a prerequisite to issuance of final approval,
the developer shall reimburse Girard Township for all expenses and
disbursements incurred by it in connection with the application. This
shall include, but not be limited to, fees and expenses of planners,
professional engineers and/or registered surveyors, building inspectors,
electrical engineers, traffic engineers, Township and community impact
studies, legal expertise, and such professional services as shall
be deemed necessary by the Girard Township Planning Commission and
the Board of Supervisors.
