Chadds Ford Township
City Zoning Code
City Zoning Code
ARTICLE VII
PRD Overlay District Planned Residential Development
§ 135-37 Purpose.
The provisions of this article are enacted in order that the purposes of this chapter are furthered in an era of increasing urbanization, development pressures and growing demand for housing of all types and design. These provisions are also intended:
A.
To create opportunities for the Development of a variety of housing types, and styles, including Single-Family Detached Dwellings; Single-Family Semi-Detached Dwellings; Two-Family Detached Dwellings; Single-Family Attached Dwellings; Multi-Family Dwellings in the form of a Retirement Residence; and Mobile Home Park Development, so that the demand for such housing may be met by greater variety in type, design and layout of Dwellings.
B.
To encourage more efficient allocation, use and maintenance of Common Open Space for conservation and Active and Passive Recreation.
C.
To encourage a more efficient use of land and public services and to reflect changes in the practice and technology of Land Development so that economies of scale may be so secured.
D.
To encourage sensitive Land Development that will respect and conserve such natural features and resources of the land as Flood hazard and Flood-prone areas, Steep and Very Steep Slopes, Watercourses and water bodies, groundwater recharge areas, forested areas, historic and cultural sites, visual resources, and other features of importance to the vitality of natural and cultural resources.
E.
To provide a procedure that can relate the type, design and layout of residential Development to the particular Tract and to the particular demand for housing existing at the time of Development in a manner consistent with the preservation of the property values, and to ensure that the increased flexibility of regulations over Land Development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.
F.
To implement the Recommendations of the Chadds Ford Township Comprehensive Plan.
§ 135-38 Referral of plans for review.
A.
The Board of Supervisors shall administer Planned Residential Development (PRD) as set forth in this article. The Board shall, however, refer all Tentative Plans for such Development to the Chadds Ford Township Planning Commission for its review and comment. All applications for tentative and final approval of PRD shall also be referred by the Board to the Delaware County Planning Commission for study and recommendation.
B.
Applicants are invited to submit Sketch Plans for informal review, subject to application procedures, including a reimbursement agreement, to the Chadds Ford Township Planning Commission and any such submission of Plans shall not constitute a Formal Filing as hereinafter described.
§ 135-39 Required conditions.
The following conditions are required for PRD:
A.
The Tract of land so developed shall be in single ownership or, in the case of multiple ownership of the Tract, the application filed jointly by all of the Owners of the Tract and, in any case, it shall be agreed that the Tract will be developed as specified in § 135-51 under a single direction and in the manner approved.
B.
The holder or holders of any outstanding mortgage shall agree in writing that said mortgage or mortgages shall be subject to all of the terms and conditions imposed upon the Tract by reason of the PRD.
C.
The Tract shall consist of Contiguous Lots of a minimum of 100 acres; except that the minimum Tract size for a Mobile Home Park or a Retirement Community shall be a minimum of 50 acres.
D.
The Tract shall be located only in an R-1 or R-2 District, and no portion of the PRD shall be located in the Historic Overlay District.
E.
The Development shall be served by public or community sanitary sewer and public or Community Water Systems having the assured capacity to serve the Development at the time Occupancy of the Structures in the Development begins; and the feasibility for such Construction and operation shall be demonstrated to the satisfaction of the Board of Supervisors at the time of the application for Tentative Plan approval. However, where public off-site or Community Sewer and/or public off-site or Community Water is not available or reasonably accessible, the Development may be served by alternative sewer and Water Systems subject to the approval of the Pennsylvania Department of Environmental Protection and the Board of Supervisors, provided that:
(1)
In the case of a Mobile Home Park, the gross density shall not exceed 2.0 Dwelling Units per acre of net Tract area as further described in § 135-42B(1)(a).
F.
The Tract of land shall be developed so that existing site conditions and possible physical or natural constraints shall be taken into consideration.
G.
The Development shall preserve and incorporate into the final landscaping so far as possible natural features such as lakes, streams, rock outcrops, topsoil, Woodlands, trees and shrubs.
H.
The topography of the Tract of land and its drainage shall be suitable for the proposed Development and the Plan shall be designed to prevent soil erosion and sedimentation.
I.
Soil and subsoil conditions shall be suitable for excavation and site preparation.
§ 135-40 Uses permitted by right.
A Building may be erected, altered or used, and land may be used or occupied, for any of the following uses and no other:
A.
Planned Residential Development-1 (PRD-1) Overlay District.
(1)
Dwelling Units in Single-Family Detached Dwellings, Single-Family Semi-Detached Dwellings, Two-Family Detached Dwellings, Single-Family Attached Dwellings, or any combination thereof;
(2)
Those nonresidential uses deemed by the Board of Supervisors appropriate for incorporation in the design of the PRD, including a Community Center, a day-care center for children, or other related Community Facilities;
(3)
Open space for Active and/or Passive Recreation, Active and/or Passive Recreation Facilities and conservation purposes; and
B.
Planned Residential Development-2 (PRD-2) Overlay District.
(1)
Any uses permitted in the PRD-1 Overlay District;
(2)
Retirement Community, composed of any of the Dwelling types allowed in the PRD-1.
(3)
Single-Family Detached Dwellings in conjunction with a Mobile Home Park;
(4)
Modular Single-Family Detached Dwellings, Single-Family Attached Dwellings and/or Multi-Family Dwellings in conjunction with a Retirement Community;
(5)
Open space for active and/or Passive Recreation, Active and/or Passive Recreation Facilities and conservation purposes; and
§ 135-41 Height regulations.
The maximum height of all Buildings and other Structures erected, enlarged or used shall conform to Article XXVI of this chapter.
§ 135-42 Density, open space and dwelling unit composition.
A.
Planned Residential Development-1 (PRD-1) Overlay District.
(1)
The maximum number of allowable Dwelling Units shall be based on a Sketch Plan developed by the Applicant in accordance with the underlying zoning district. The Plan shall be prepared in accordance with § 110-18 of the Subdivision and Land Development Ordinance, with each Tract meeting the bulk and area requirements of the underlying Zoning District.
(2)
If an existing Dwelling Unit is located on the Tract proposed for the PRD, the said unit will be counted to determine the density of units and be subject to all other provisions of this chapter.
(3)
Not less than 50% of the total area of the Tract shall be designated as and devoted to Common Open Space.
B.
Planned Residential Development-2 (PRD-2) Overlay District. All Development in the PRD-2 District shall conform to the density, Open Space and Dwelling Unit composition regulations as set forth for the PRD-1 District above, except for Mobile Home Park and Retirement Community Development that shall conform to the regulations below:
(1)
Mobile home parks.
(a)
Mobile home park density. There shall be no more than two Mobile Homes per acre of net Tract area. The net Tract area shall include the following net outs:
[1]
Eighty-five percent of the acreage located in the floodplain.
[2]
Eighty-five percent of the acreage located within Wetlands.
[3]
Seventy percent of the acreage located on Steep or Very Steep Slopes.
[4]
Eighty-five percent of the areas of the Watercourses and surface water bodies.
[5]
Fifty percent of the areas within Wetlands/Watercourse Margins.
(b)
Mobile home park open space. At least 50% of the remaining gross area of each Mobile Home Park, after subtraction of required Buffer Areas, shall be set aside as Common Open Space for the use and enjoyment of the residents of the Mobile Home Park. Accessory, Service and utility Buildings and areas shall not be counted as Open Space.
(2)
Retirement communities.
(a)
Retirement community density. There shall be no more than 2.5 Dwelling Units per acre of net Tract area. The net Tract area shall include the following net outs:
[1]
Eighty-five percent of the acreage located in the floodplain.
[2]
Eighty-five percent of the acreage located within Wetlands.
[3]
Seventy percent of the acreage located on Steep or Very Steep Slopes.
[4]
Eighty-five percent of the areas of the Watercourses and surface water bodies.
[5]
Fifty percent of the areas within Wetlands/Watercourse Margins.
(b)
Retirement community open space. At least 50% of the Tract shall be set aside as Common Open Space.
§ 135-43 Area and bulk regulations.
In addition to the Setback requirements and other design standards in § 135-44, the following shall apply:
A.
PRD-1 and PRD-2 General Requirements.
Standard | Parameter | |
|---|---|---|
(1) | Tract Area | PRD 1: 100 acres, minimum PRD 2: 100 acres, minimum, except Mobile Home Parks and Retirement Communities which shall be 50 acres, minimum |
(2) | Density | See § 135-42, Density, open space and dwelling unit composition |
(3) | Exclusions from density calculations | See § 135-42, Density, open space and dwelling unit composition 100 feet, minimum, from the perimeter Property Line for Buildings |
(4) | Perimeter tract setback | 50 feet, minimum, from the perimeter Property Line for Accessory Structures, except for Signs, Structures associated with ingress and egress, light standards, benches, and landscaping |
(5) | Minimum setbacks | 50 feet, minimum, from Internal Street Line for Buildings 30 feet, minimum, for Structures, except Signs, street trees, ingress and egress Structures, lighting standards, sidewalks, benches and other like Structures may be set back less than 30 feet 25 feet, minimum, from parking areas for Buildings 15 feet, minimum, from parking areas for Structures, except Signs, street trees, ingress and egress Structures, lighting standards, sidewalks, benches and other like Structures 60 feet, minimum, from another principal Building |
(6) | Common open space requirement | PRD-1: 50% minimum PRD-2: 50% minimum, 50% minimum in Mobile Home Parks and Retirement Communities |
(7) | Building height | 40 feet, maximum, subject to §§ 135-192 and 135-193 |
(8) | Parking/driveway | See Article XXIV |
B.
PRD-1 single-family detached dwelling: as per the dimensional regulations for Single-Family Detached Dwellings in the R-2 district.
C.
PRD-1 and PRD-2 single-family attached dwelling. Building Length maximum: 150 feet and six Dwelling Units.
D.
PRD-2 additional requirements.
Standard | Size | |
|---|---|---|
(1) | Mobile homes | Lot Size: 6,500 square feet, minimum Double-unit Mobile Homes shall be sited on a minimum of 11,000 square feet Plans that make provisions for an assortment of unit sizes shall have the express approval of the Chadds Ford Township Planning Commission for the layout |
Setbacks between Buildings: No Mobile Home shall be located within 60 feet of the exterior wall of any other Mobile Home No Mobile Home shall be located within 20 feet of a Mobile Home Service Building | ||
Setbacks from Streets: No Mobile Home, Office or Service Building shall be located closer to a Public Street Right-of-Way line than 60 feet, or closer to the edge of an interior Street than 35 feet | ||
Parking/Driveway: See Article XXIV | ||
(2) | Retirement communities | Building Length: 150 feet and 6 Dwelling Units, maximum |
§ 135-44 Design standards.
In addition to the design standards contained in Chapter 110, Subdivision and Land Development, Article V, Design Standards of the Code of Chadds Ford Township, the standards below shall govern the design of PRDs. Further, any Mobile Home Park Development shall comply with supplementary design standards in § 135-53. Adequate precautions to protect the health, safety and welfare of citizens shall be implemented at all times.
A.
Tract considerations.
(1)
The finished topography of the Tract shall adequately facilitate the proposed Development without excessive earth moving, tree clearance and destruction of natural amenities. Natural features such as lakes, streams and wooded slopes shall be preserved and incorporated into the final landscaping of the Development wherever possible and desirable per the Township Engineer. The Applicant shall specify the means whereby trees and other natural features shall be protected during Construction. The location of such trees and other natural features shall be considered when planning the Common Open Space, locations of Buildings, underground services, walks, paved areas and finished grade levels.
(2)
Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Township Engineer shall be required.
B.
Housing sites. Except as may be otherwise provided for Mobile Homes, the following shall apply:
(1)
All housing areas shall be planned, designed and constructed to be harmonious with 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.
(3)
All housing should be sited so as to provide privacy and to ensure natural light in all principal rooms.
(4)
Every Building and other Structure shall be located and situated to promote pedestrian and visual access to Common Open Space to the extent possible in accordance with the provisions of § 135-46.
(5)
The physical design of the Development Plan shall make adequate provisions for emergency and public services, and provide safe accommodation for pedestrian and vehicular traffic.
(6)
Routes for vehicular and pedestrian access and parking areas shall be convenient without creating nuisances or adversely impacting privacy.
(7)
Development near the perimeter of the Tract shall be designed to be harmonious with neighboring areas and shall be screened from such areas with landscaping approved by the Board of Supervisors in accordance with Subsection D(3) of this section and § 135-53P, unless already screened by an existing buffer.
(8)
This article is intended to encourage high quality Development by taking into consideration the appearance of all elevations and layouts of Buildings and external spaces and materials used therein.
C.
Design standards. Single-Family Attached Dwellings and Retirement Residence 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 shall be achieved through the use of varied floor plans for adjoining units, the projections and angles of exterior walls and roofs, exterior fencing, and other diversified space articulating techniques.
D.
Landscaping and tree conservation. Landscaping shall be regarded as an essential feature of every PRD. In addition to the preservation of natural features, trees and slopes of the Tract; careful attention shall be given to landscaping of parking areas and provisions for street trees as required by this chapter and Chapter 110-36 and Chapter 135 Article XXIV and Article XXV.
(1)
Existing trees shall be preserved wherever possible. The protection of trees 12 inches or more in DBH (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 tree cover and Vegetation does not exist or cannot be preserved on the PRD Tract, 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 Dwelling Units. Such landscaping shall be pursuant to a Landscape Plan approved by the Board of Supervisors in accordance with Subsection D(3) of this section and § 135-53P.
(3)
A landscaped Buffer Planting Strip of 25 feet in width shall be provided along all perimeter Tract lines, except at points of vehicular ingress and egress and for pedestrian accessways, as follows:
(a)
The Buffer Planting Strip shall create a visual screen, containing two alternating rows of evergreen material (such as spruce, pine or hemlock) spaced on ten-foot centers. At the time of planting, the evergreen material shall be at least eight feet in height (after planting) to visually screen the property.
(b)
The intent is to preserve existing trees wherever possible. Areas in which trees are to be preserved shall remain at original grade level and in an undisturbed condition.
(4)
All plantings shown on the approved PRD Landscape Plan as Common Open Space shall be maintained as set forth in the Declaration or by-laws of the Homeowners Association. Replacement plantings shall be replaced with new plantings of the same type within six months. Shrubs shall be placed a minimum of three feet from any Lot Line/or Tract line. Trees shall not be closer than three feet from the Right-of-Way and shall not be placed closer than six feet from a Side or Rear Lot Line or Tract line.
E.
Streets and pathways.
(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 that 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 Township in order to ensure proper ingress and egress to and from the PRD, emergency access, and internal traffic separation.
(2)
In order to separate automobile and pedestrian circulation and to increase accessibility to Common Open Space areas, pedestrian walkways shall be provided.
F.
Community facilities and amenities.
(1)
Swimming pools, skating rinks and other recreational areas shall be located so as not to interfere with the residential character of adjacent Dwelling Units and where necessary shall be screened and/or fenced.
(2)
Refuse stations shall be designed with suitable screening and in locations convenient for collection and removal, and not offensive to the Occupants of adjacent Dwelling Units.
(3)
Adequate lighting shall be provided in the outdoor areas used by residents after dark. Appropriate lighting fixtures shall be provided for walkways and to identify Streets, steps, ramps, directional changes and Signs. Lighting shall be located to avoid shining directly into habitable room windows or into private yard areas associated with Dwelling Units. The requirements for lighting may be waived by the Board where density of Development may not justify its use. Box-style fixtures that direct light only downward may be required by the Board of Supervisors. No lighting shall be located so as to illuminate areas beyond the property or Tract line on which such lighting is located. All lighting shall be in accordance with the standards of the Illumination Engineering Society (IES). No lighting standard shall exceed 15 feet in height unless approved otherwise by the Board of Supervisors.
(4)
All utilities and cable television lines shall be underground within a PRD.
(5)
An on-site Sewage treatment plant may be required, where deemed necessary by the Board of Supervisors.
(6)
Adequate off-street parking facilities shall be provided in every such Development Plan. There shall be at least two off-street Parking Spaces per Dwelling Unit.
(7)
Other than storage of private automobiles, all storage shall be structurally enclosed or otherwise permanently screened from view, including boats, trailers, etc.
G.
Stormwater control.
(1)
The storm drainage system for a PRD shall be designed and constructed so as to minimize runoff, erosion and flooding using measures such as drainage Easements, swales, catchment basins, silt traps, and the like.
(2)
All stormwater management design standards shall be in accordance with the design standards for same as set forth in Chapter 105 of the Code of Chadds Ford Township and shall be subject to the approval of the Township Engineer.
(3)
Storm Sewer Systems for the Development shall be designed, constructed and shall operate and be readily capable of being maintained to prevent concentration of stormwater runoff on adjacent developed or undeveloped properties and Streets and other areas of Impervious Surface.
(4)
The design and Construction of all storm drainage facilities and storm Sewer Systems shall be subject to the approval of the Township Engineer.
H.
Soil erosion and sedimentation control. Plans submitted for any PRD shall conform to the guidelines for minimizing erosion and sedimentation as set forth in the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection prepared by the State Conservation Commission and Bureau of Water Quality Management and the USDA Soil Conservation Service, as amended. In developing a Plan for the control of erosion and sedimentation, the Developer shall meet as a minimum the standards and specifications outlined in the aforementioned manual, as well as the standards set forth in Appendix C of the Erosion and Sediment Control Handbook of the Delaware County Soil and Water Conservation District, and those in Chapter 105 of the Code of Chadds Ford Township. Soil erosion and sedimentation control Plans shall be submitted to the Delaware County Conservation District for review and comment during both the Tentative and Final Plan approval process.
§ 135-45 Development in phases.
An Applicant may propose to develop the PRD District project in phases and the Board of Supervisors may approve same if the following criteria are met:
A.
The application for tentative approval shall encompass the entire PRD and show the location and time of Construction for each phase, in addition to other information required by this chapter.
B.
At least 35% of the Dwelling Units in the Plan given tentative approval are included in the first phase.
C.
The second and subsequent phases are completed consistent with the tentatively approved Plan and are of such size and location that they constitute economically sound units of Development. In no event shall any such phase contain less than 25% of the Dwelling Units receiving tentative approval.
D.
In no case shall work on the current phase area include stripping or disturbance of Woodland and forest or soils of any area set aside for later phases.
E.
All improvements within the particular phase shall be completed prior to the commencement of any subsequent phase. All Active and Passive Recreation areas and/or Facilities and other community amenities and facilities shall be shown on the phased Plans, and shall be completed contemporaneously with the completion of Construction of the Dwellings of the phase.
F.
Any Plans and other documents required by the Board of Supervisors to depict all of the foregoing and the limits thereof shall be submitted to, and approved by, the Board of Supervisors.
G.
The application shall contain a schedule showing the proposed times within which applications for final approval of all sections of the PRD are intended to be filed. The schedule shall be updated annually on the anniversary of its tentative approval until the Development is completed and accepted.
§ 135-46 Common open space.
A.
Careful consideration shall be given to the conservation, arrangement and location of Common Open Spaces to take advantage of physical characteristics of the Tract and to place Common Open Spaces within easy access and view of Dwelling Units.
B.
The following performance standards shall apply to all Common Open Space for PRD-1 and PRD-2:
(1)
Minimum area. Any land area designated as Common Open Space shall have an area of not less than 1/2 acre.
(3)
Maximum impervious surface coverage. Not more than 3% of the total area of designated Common Open Space shall be covered by Impervious Surfaces; and not more than 1/2 of any individual area of Common Open Space shall be covered by Impervious Surfaces, including Buildings.
(4)
Minimum setback. Any Buildings within the designated Common Open Space shall be located no less than 100 feet from the perimeter Tract lines; and no less than 50 feet from any new Lot Line created within a Tract.
(5)
Any Structure within the designated Common Open Space shall be located no less than 50 feet from the perimeter Tract lines, and no less than 25 feet from any new Lot Line created within a Tract, except for Signs, boundary fences, walls, benches, light standards and landscaping.
(6)
Area configuration. The Common Open Space designated within a Development area shall not be merely leftover or unusable land. It shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles providing a maximum of a Development.
(7)
At least 35% of the required Common Open Space shall be designed, constructed and maintained for Active and/or Passive Recreation areas and Facilities.
(8)
Whenever possible and practical, the Common Open Space designated within a Development shall be arranged so as to encompass a single land area or minimum number of areas, linked by a common means of circulation and access; and it shall be contiguous to the developed area and not separated from it by existing roads unless safe pedestrian access can be demonstrated.
(9)
Whenever possible and practical, the designated Common Open Space shall be arranged to maintain contiguity with other designated Common Open Space areas or similar areas on adjacent lands, either by direct contact such as a Trail or walkway, or some common means of circulation and access.
C.
None of the following shall constitute Common Open Space area: roads; parking areas; proposed utility Easements and Rights-of-Way; permanent erosion and sedimentation control facilities and areas; stormwater management facilities and areas; areas or facilities for Sewage disposal or water supply; and any on-ground or aboveground utilities.
D.
Ownership and maintenance of common open space. There shall be provisions that ensure that the Common 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 Common Open Space:
E.
The following specific requirements are associated with each of the above mentioned various methods:
(1)
Fee simple dedication. The Township may, but shall not be required to, accept an offer of a deed of dedication, provided that:
(2)
Homeowners' association. The establishment of a nonprofit homeowners' association, pursuant to the Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq., which may dedicate an Easement for public use of the Common Open Space land. The Board of Supervisors 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.
(3)
Condominium agreement. The Common 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. § 5101 et seq. All Common Open Space land shall be held as "common element."
(4)
Dedication of easements. The Township may, but shall not be required to, accept Easement for public use of any portion of Common Open Space land, the title of which is to remain in the ownership of the Condominium or homeowners' association, provided that:
(5)
Transfer to a private conservation organization. With permission of the Board of Supervisors, 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 Common Open Space land, provided that:
(a)
The organization is acceptable to the Board of Supervisors and is a bona fide conservation organization with perpetual existence.
(b)
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 their Articles of Incorporation.
(c)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue to function.
(d)
A maintenance agreement acceptable to the Board of Supervisors is entered into by the Landowner or Developer and the organization.
(6)
In the event of any proposed transfer of Common Open Space within the methods permitted in this section, or of the assumption of maintenance of Common Open Space land by the Township as hereinafter provided, notice of such action shall be given to all affected property Owners.
F.
If a Homeowners' Association is formed, it shall be governed according to the following regulations:
(1)
The Landowner or Developer shall provide the Board of Supervisors with a description of the organization, including its bylaws and methods for maintaining Common Open Space, which shall be acceptable to the Township Solicitor.
(2)
The organization is to be organized by the Landowner or Developer and operating with financial subsidization by the Landowner or Developer, if necessary, before the sale of any Lot within the Development.
(3)
Membership in the organization is mandatory for all purchasers of Dwelling Units therein and their successors.
(4)
The members of the organization shall share equitably the costs of maintaining and developing Common Open Space, in accordance with procedures established by them. If a member fails to pay his/her 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.
(5)
The organization shall be responsible for maintenance of and insurance and taxes on Common Open Space.
(6)
The organization shall have or hire adequate staff to administer common facilities and maintain the Common Open Space to the satisfaction of the Board of Supervisors.
G.
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 Common 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 Common Open Space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof.
(1)
If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties 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, 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 Common Open Space was derived. Said entry and maintenance shall not vest in the public any rights to use the Open Space except when the same is voluntarily dedicated to the public by the residents and Owners.
(2)
Before the expiration of said year, the Board of Supervisors 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 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 such organization is not ready and able to maintain said Common Open Space in a reasonable condition, the Township may, in its discretion, continue 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 in any such case shall constitute a full administrative decision subject to judicial review at the expense of the homeowners' association.
(3)
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 Common Open Space and shall become a municipal lien on said properties. The Township, at the time of entering upon said Common Open Space for the purpose of maintenance, shall file a notice of such lien in the Office of Judicial Support of Delaware County upon the properties affected.
H.
The Developer and Landowner of every PRD shall prepare and present at the time of submission of the final Development Plan for the approval of the Board of Supervisors of Chadds Ford Township documents regarding the proposed ownership and maintenance of Common Open Space containing the declarations of covenants, restrictions, Easements, charges and liens deemed necessary to own and maintain the Common Open Space and recreation areas within the PRD.
I.
Documentation shall contain the following minimum essential provisions with respect to any proposed organization:
(1)
Powers and duties in maintaining and administering Common Open Space and Recreation Facilities, administering and enforcing all covenants and restrictions, and in the levying, collecting and disbursing of assessments and charges.
(2)
Membership and voting rights.
(3)
Rights and duties of Chadds Ford Township, members of the organization and residents of the PRD in the event of a breach of the covenants and restrictions.
§ 135-47 Application for tentative approval.
A.
An application for tentative approval of a Development Plan of a PRD shall be filed by or on behalf of the Owner or Owners of the Tract. If an application form is made available by the Board, any such application shall be made upon such form. An application for tentative approval shall be accompanied by the requisite number of copies of all Plans and fees as set forth by resolution by the Township from time to time. An application shall be filed with a Township official.
B.
The following fees shall be payable by the Landowners:
(1)
The Owner shall reimburse the Township for all reasonable expenses incurred by the Township for services rendered by the Township consultants, including, but not limited to, the Township Engineer, Traffic Engineer, Planning Consultant, Fire Marshal, Sewage Enforcement Officer, Township Solicitors or other consultants as the Township deems necessary pursuant to the provisions of this article.
(2)
The Owner shall deposit with the Township Secretary, at the time of filing the application for tentative approval, a reimbursement agreement and all applicable fees as set from time to time by resolution of the Board of Supervisors. As the fund is expended, the Owner shall make further deposits upon notice from the Township Secretary.
(3)
The fee to the Township for review of Tentative and/or Final Plans shall be as set from time to time by resolution of the Board of Supervisors.
(4)
After payment of the plan review fee and other expenses under this article and after action upon the Final Plan, the Township Secretary shall refund to the Owner any deposit remaining with an accounting of disbursements.
(5)
The amount of all fees and security may be changed from time to time by resolution of the Board of Supervisors.
C.
Application for tentative approval shall include, but not be limited to, the following documents:
(1)
A statement indicating the nature of the Applicant's and the Landowner's interest in the project.
(2)
A written statement by the Applicant setting forth the reasons why the project would be in the public interest and would be specifically consistent with the Comprehensive Plan's goals and objectives, and its recommendations for land use, Community Facilities and utilities, circulation and other matters therein recommended.
(3)
A map indicating the location and size of the Tract 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 Common Open Space within 500 feet of any part of the Tract. In the case of Development of a section of the entire Tract, the key map shall show the relationship of the section to the entire Tract.
(4)
A Plan delineating the topography of the Tract. Such Plan shall contain contours with intervals of two feet or less, and shall accurately and conspicuously depict slopes from 0% to 15%, 15 to 25%, and greater than 25%.
(5)
A Plan 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 and greater in DBH.
(6)
A Plan delineating the drainage characteristics of the Tract. Such Plan shall accurately and conspicuously depict, delineate and otherwise note in graphic fashion all perennial and intermittent streams and Watercourses and their watersheds, as well as Flood prone and Flood hazard areas.
(7)
A Plan accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the proposed use areas by type, size, location, and gross density.
(8)
A site Plan 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.
(9)
A Plan 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 within the Common Open Space. In addition, the Plan shall include any facilities or Structures indicating the proposed means for ownership and maintenance of the Common Open Space.
(10)
A detailed report indicating the feasibility and capability for operation and maintenance of water supply systems, sanitary Sewage systems, stormwater systems and other utility systems. Such a report shall indicate the following:
(a)
With regard to water supply, there shall be a clear description of the Plan to establish a safe and efficient water supply system. The description shall indicate the demand by type of use for water from the proposed Development and its related uses and users.
(b)
With regard to sanitary Sewage disposal, there shall be a clear description of the Plan to establish 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 that will be required to tie into existing sanitary sewers.
(c)
Assurance of the availability of safe and efficient public or Community Water and public or Community Sewer facilities shall also be reported. Such assurance shall include letters signed by an officer of the company or authority concerned, indicating its ability and willingness to provide such service within the timetable proposed for the Development, including a statement of maintenance responsibilities and rates and charges for service. If water is to be provided by means other than by private wells owned and maintained by the individual Owners of Lots within the PRD, Applicants shall present evidence to the Board of Supervisors that the Planned Residential Development is to be supplied by a certificated 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 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.
(d)
In the event that on-site systems are utilized for water supply and Sewage disposal, a full report of how such systems will operate shall be submitted.
(e)
With regard to stormwater systems, there shall be an objective description of the ability of achieving a safe and efficient stormwater management system.
(11)
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.
(12)
A site 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 Supervisors.
(13)
A fully detailed soil erosion and sedimentation control Plan.
(14)
A fully detailed grading Plan accurately and conspicuously delineating proposed contours at intervals of two feet or less.
(15)
A fully detailed Landscape Plan 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.
(16)
A written report indicating the proposed methods and measures to be undertaken for energy conservation and the effective utilization of renewable energy resources.
(17)
The documents containing covenants, grants of Easements, or other restrictions to be imposed upon the use of land, Buildings and other Structures, including proposed grants and/or Easements for utilities and the like.
(18)
A report accompanying the application shall, insofar as possible, indicate compliance with the provisions set forth for documentation herein.
D.
Copies of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Township Planning Commission and to the Delaware County Planning Commission for review and recommendation. The Township Planning Commission and the Delaware County Planning Commission shall review and report upon the application to the Board of Supervisors. A copy of the reports of the respective planning commissions shall be furnished to the Applicant upon receipt by the Board of Supervisors. In addition, a copy of the soil erosion and sedimentation control Plan shall be submitted to the Delaware County Conservation District for review and comment.
E.
The Applicant, the Board of Supervisors, the Township Planning Commission, and the Delaware County Planning Commission may consult informally concerning the project 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.
§ 135-48 Public hearings.
A.
Within 60 days after the Formal Filing of an application for tentative approval of a PRD pursuant to this article, a Public Hearing pursuant to Public Notice on said application shall be held by the Board, in the manner prescribed in Article IX of the Pennsylvania Municipalities Planning Code for ordinance zoning hearing. The Chairperson or, in his/her absence, the Acting Chairperson of the Board may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
B.
A verbatim record of the hearing shall be caused to be made by the Board 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.
C.
The Board may continue the hearing from time to time and may refer the matter back to the Planning Commission for a further 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.
§ 135-49 Findings after public hearing.
A.
Grant or denial of approval.
(1)
The Board, within 60 days following the conclusion of the Public Hearing provided for in this article or within 180 days after the date of filing of the application, whichever occurs first, shall, by official written communication to the Landowner, either:
(2)
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, that tentative approval is granted subject to conditions, the Landowner may, within 30 days after receiving a copy of the official written communication of the Board, notify the Board of his/her refusal to accept all said conditions, in which case the Board shall be deemed to have denied tentative approval of the Development Plan. In the event the Landowner does not, within said period, notify the Board of his/her 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)
Whether and to what extent the Development Plan is 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 PRD, 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 physical design of the Development Plan and the extent to which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established; and
(6)
In the case of a Development Plan that proposes Development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the PRD in the integrity of the Development Plan.
C.
In the event a Development Plan is granted tentative approval, with or without conditions, the Board 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 Development Plan that 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 with the consent of the Landowner, the time so established between grant of tentative approval and an application for final approval shall not be 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.
§ 135-50 Status of plan after tentative approval.
A.
The official written communication provided for in this article shall be certified by the Secretary of the Township and shall be filed in his/her office, and a certified copy shall be mailed to the Landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and the same shall be noted on the Zoning Map.
B.
Tentative approval of a Development Plan shall not qualify a Plan of the PRD for recording nor authorize Development or the issuance of any Building permits. A Development Plan that has been given tentative approval as submitted, or that has been given tentative approval with conditions that have been accepted by the Landowner (and provided that the Landowner has not defaulted or 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 Landowner, provided that an application for final approval is filed or, in the case of Development over a period of years, provided that applications are filed, within the periods of time specified in the official written communication granting tentative approval.
C.
In the event that a Development Plan is given tentative approval and thereafter, but prior to final approval, the Landowner shall elect to abandon said Development Plan and shall so notify the Township 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 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 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 Secretary of the Township.
§ 135-51 Application for final approval.
B.
Applications for final approval shall be made to the Board of Supervisors and within the time or times specified by the official written communication granting tentative approval.
C.
Applications for final approval shall include any drawings, specifications, covenants, Easements, performance bonds and such other requirements as may be specified by this chapter or by § 110-11 and § 110-22 of the Code of Chadds Ford Township, as amended as well as any conditions set forth in the official written communication at the time of tentative approval.
D.
A Public Hearing on an application for final approval of the Land Development Plan, or part thereof, shall not be required, provided that the Land Development Plan submitted for final approval is in compliance with the Land Development Plan theretofore given tentative approval, and with any specified conditions attached thereto.
E.
Plans submitted for final approval of all or a portion of a PRD shall be prepared in accordance with the following requirements:
(1)
Each application for approval of any Final Plan shall be accompanied by a requisite number of copies of such Plan as set forth via resolution by the Township Board of Supervisors, which shall be clear and legible prints.
(2)
All Plans shall be drawn at a scale of one inch being equal to 50 feet or less and shall be submitted on paper prints no smaller than 17 inches by 22 inches and no larger than 24 inches by 36 inches. If two or more sheets are required, a key shall be shown on each sheet, and an overall index sheet shall be submitted. The Final Plan shall reflect the following:
(a)
Development name or identifying title.
(b)
Municipality in which the Development is located.
(c)
North arrow, scale and date.
(d)
Name of record owner of the tract and developer.
(e)
Name and seal of the registered professional engineer, landscape architect, land planner, architect or surveyor responsible for the Plan.
(f)
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.
(g)
Property lines within the development.
(h)
Lot areas to 1/1,000 of an acre.
(i)
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.
(j)
The length of all straight lines, radii, lengths of curves and tangent bearings for each Street.
(k)
All dimensions and angles or bearings of the lines of each Lot and of each area proposed to be dedicated to public use.
(l)
The designation of Common Open Space including the area contained therein.
(m)
Location, grades, length and width of all private driveways and all parking facilities and type of paving and other surface to be used therefor.
(n)
Names of all Streets as designated by the Board of Supervisors.
(o)
Location of all structures.
(p)
Number of lots.
(q)
Number of Dwelling Units by type and, where applicable, the number, location, and square footage of areas to be devoted to nonresidential use.
(r)
Architectural drawings, floor plans and elevations to scale of all Buildings; said drawings shall bear the seal of the architect who has prepared same.
(s)
Total area of the entire Development Tract and, in the case of Development in sections, the size of the sections for which Plans are submitted.
(t)
All permanent monuments.
(u)
A Final Grading Plan, including existing and proposed contours at vertical intervals of two feet or less, with conspicuously distinguishable lines.
(v)
All existing Watercourses, Tree Masses and other significant natural features, including all trees 12 inches in DBH or greater to be retained and/or to be removed.
(w)
A final soil erosion and sedimentation control Plan.
(x)
A Final Landscape Plan, wherein existing and proposed plant materials are differentiated, a final plant list indicating the types, quantities and sizes of the proposed plant materials, and typical planting details for tree planting and staking, shrub planting, and the like.
F.
The application for final approval shall also be accompanied by copies of the following:
(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 Common 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 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 stating that the Development as shown on the application for final approval is made with his, her, 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 that is not offered for dedication and not required to be offered for dedication, he/she shall submit a copy of statements cosigned by the Township Solicitor that he/she has made an agreement on behalf of his/her 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 Chadds Ford 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)
The specifications governing the Construction of Streets, storm drainage, sidewalks, and all public improvements shall be in strict accordance with the specifications and general standards of Chadds Ford Township and Commonwealth of Pennsylvania covering similar types of Construction.
(9)
Where any public improvements are to be constructed within a Planned Residential Development, Article VI of Chapter 110 of the Code of Chadds Ford Township, as amended, shall govern the Construction and acceptance of such public improvements including the provisions for requirement of performance and maintenance bonds.
G.
In the event the application for final approval has been filed:
(1)
Together with all drawings, specifications and other documents in support thereof; and
(2)
As required by this chapter and the official written communication of tentative approval, the Board shall, within 45 days from the date of the regular meeting of the Board next following the date the application is filed, grant such Development Plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.
H.
In the event the Development Plan as submitted contains variations from the Development Plan given tentative approval, the Board may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the Board next following the date the application is filed, 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; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.
(2)
If the Landowner wishes to take either such alternate action, s/he may do so at any time within which s/he is entitled to apply for final approval or within 30 additional days if the time for applying for final approval has already passed when the Landowner is advised that the Land Development Plan is not in substantial compliance. If the Landowner fails to take either of these alternative actions within said time, the Land Development Plan will be deemed to have been abandoned.
(3)
Any Public Hearing pursuant to Subsection H(1)(b) of this Section 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 article for Public Hearings on applications for tentative approval.
(4)
Within 30 days after the conclusion of the hearing, the Board shall by official written communication either grant or deny final approval of the Land Development Plan. The grant or denial of final approval of the Land 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.
I.
Failure of the Board to render a decision on an application for final approval and communicate it to the applicant within the time and in the manner required by this section shall be deemed an approval of that application, as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall be deemed an approval of the application.
J.
A Development Plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board and shall be filed of record within 90 days of approval in the office of the Recorder of Deeds before any Development shall take place in accordance therewith. The Township shall not release a Development Plan for recording until all preconditions to such release set forth in either the tentative or final approval are complete.
(1)
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 except as herein noted.
(2)
Pending completion in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508, of said PRD 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.
K.
Upon approval of the Final Plan, the applicant shall post financial security in accordance with § 110-40 of the Township Code.
L.
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 in writing; or in the event the Landowner shall fail to commence and carry out the PRD in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code (MPC), after final approval has been granted, no Development or further Development shall take place on the Tract included in the Final Plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the Municipalities Planning Code.
§ 135-52 Enforcement and modification of plan provisions.
To further the mutual interest of the residents of the PRD and of the public in the preservation of the integrity of the Development Plan, as finally approved, and to ensure 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 modifications of the provisions of the Development Plan as finally approved, whether those are recorded by Plan, 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 other Structures;
(2)
The quantity and location of Common Open Space, except as otherwise provided in this article; 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 regulations otherwise granted the Township by law.
B.
All provisions of the Development Plan shall run in favor of the residents of the PRD 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, may be enforced at 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 PRD except as to those portions of the Development Plan that 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 municipality 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 municipality shall be permitted except upon a finding by the Board, following a Public Hearing thereon pursuant to Public Notice called and held in accordance with the provisions of this article, that the same is consistent with the efficient Development and preservation of the entire PRD, 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 PRD 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.
§ 135-53 Supplementary mobile home park regulations.
A.
License required. It shall be unlawful for any Person to construct, maintain, operate, or alter any Mobile Home Park or to extend any of the facilities thereof within the limits of Chadds Ford Township unless a valid license required by this chapter has been issued to the responsible party for such purpose or purposes by Chadds Ford Township.
B.
Application for license. All applications for a Mobile Home Park license shall be acted upon by the Board of Supervisors, which shall render its decision and communicate it to the Applicant not later than 90 days after the application has been duly filed and the appropriate fees paid.
C.
Issuance of license. Upon approval of such application, and upon payment of all fees required, Chadds Ford Township Board of Supervisors shall authorize the Code Enforcement Officer to issue a Mobile Home Park license which shall be valid for a period of one year from the date of issuance.
D.
Renewal of license. Application for renewal of a Mobile Home Park license shall be made to the Mobile Home Park Inspector at least 30 days prior to the expiration date of the license. Renewal of a Mobile Home Park license shall be issued by the Mobile Home Park Inspector upon certification by the Applicant that the park continues to meet the standards and requirements hereunder for the issuance of an original license.
E.
Fees. The annual fee for renewal of a Mobile Home Park license shall be payable on the first day of January of each year according to the schedule of fees adopted by the Board of Supervisors of Chadds Ford Township. The fee shall be paid with the submission of the application.
F.
Nontransferability of license; change of ownership. A license issued hereunder shall not be transferable. If ownership of the Mobile Home Park is transferred by sale, deed, will, transfer of the majority interest of the stock of the corporation, or in any other way, the new Owner shall, before commencing operation of the Mobile Home Park, apply for a license to the Mobile Home Park Inspector and certify that the park continues to meet the standards and the requirements hereunder for the issuance of the original license. The fee paid shall be as established by the Board of Supervisors of Chadds Ford Township under its schedule of fees.
G.
Inspection of mobile home parks.
(1)
Appointment of the mobile home park inspector. The Township Code Enforcement Officer shall perform all inspections as outlined in this article and shall serve as the Mobile Home Park Inspector. Duties of the Mobile Home Park Inspector are outlined in this Article.
H.
On-lot storage. Each Mobile Home Lot may have an on-lot storage Building not to exceed 120 square feet.
I.
Internal streets.
(1)
Construction and design. All Internal Streets and roadways shall be constructed of concrete or macadam of sufficient bearing strength and design to accommodate Mobile Home units and of sufficient width to accommodate anticipated traffic and parking. In no case shall any Internal Street or roadway have less than 20 feet of paved width. Dead-end Streets shall be provided, at the closed end, with a turnaround having an outside radius of not less than 40 feet.
J.
Off-street parking, walks and driveways.
(1)
Off-street parking. Off-street parking for a least two motor vehicles shall be provided at each Mobile Home site. Each Parking Space shall be a least 10 feet by 20 feet and shall be of permanent pervious paving or macadam Construction, which shall be specified in the Plan. Off-site common parking areas may be provided in lieu of Parking Spaces at each Mobile Home site; but, in such case, parking slots shall be provided at the ratio of two spaces for each Mobile Home site not equipped with on-site parking. The express approval of the Township Board of Supervisors and Planning Commission is required for off-site common parking designs.
(2)
Nonresident parking. Additional Parking Spaces for vehicles of nonresidents shall be provided at the rate of five spaces for each 10 units. Such parking may be provided either by providing sufficient additional off-street Parking Spaces within an individual Mobile Home Lot or in overflow parking areas situated outside the cartway.
(3)
Walks and driveways. All Mobile Home Parks shall provide safe, convenient, all-season pedestrian walkways of adequate width for their intended use that are durable and convenient to maintain. Such pedestrian walkways shall connect the park Streets to all Community Facilities provided for park residents.
(a)
Where pedestrian traffic is concentrated, each walk shall have a minimum width of four feet.
(b)
All Mobile Home sites shall be connected to common walks and to Streets or to driveways connecting to a paved Street. Each such walk shall have a minimum width of two feet.
(c)
All Mobile Home sites shall be connected to a paved Street by a driveway, a portion of which may be covered by a carport.
K.
Sewage disposal.
(2)
Individual sewer connections. Each Mobile Home shall be provided with a Sewer Riser Pipe.
(3)
Provisions shall be made for plugging the Sewer Riser Pipe when a Mobile Home does not occupy the site. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least 1/2 inch above ground elevation and shall be capped.
(4)
An application for a plumbing permit for each installation is required.
L.
Water supply.
(1)
Public water supply. Wherever an existing Public Water System is geographically and economically accessible to the proposed Mobile Home Park, a distribution system connecting thereto shall be designed to furnish an adequate supply of water to each Mobile Home and all Service Buildings with adequate main sizes and fire hydrant locations to meet the specifications of the Middle States Department Association of Fire Underwriters.
(2)
Community water supply. Where a satisfactory Public Water supply system is not available, a Mobile Home Park may be served by a Community Water supply system that shall meet all applicable requirements and regulations of state, county and municipal agencies having jurisdiction.
M.
Mobile home foundations. A pad or set of footings shall be provided for each Mobile Home unit.
(1)
Pad. A concrete pad shall be at least six inches in thickness at all points and shall be reinforced with at least one layer of welded steel wire mesh approved by the Building Inspector. At least six tiedown rings of 1/2 inch minimum diameter round cross-section shall be provided, to which the Mobile Home may be secured. The tiedown rings shall be Anchored according to current engineering practice and shall meet with the approval of the Township Engineer and the Building Inspector. If a pad is located on "fill" soil, the bearing capacity of the soil shall be determined by test. The soil shall be required to meet a minimum load bearing capacity specified by the Township Engineer. The Mobile Home shall be supported by solid concrete block pillars on five-foot centers along the Mobile Home frame.
(2)
Footings. Footings shall be brick, masonry, poured reinforced concrete, or solid concrete building blocks at least eight inches thick. The bottom of footings shall be a least two feet six inches below final grade and not less than six inches below natural grade. The minimum dimensions shall be eight inches by 20 inches. The maximum spacing shall be five feet between centers in an area equal to at least 80% of the overall area of the particular Mobile Home supported by the footings. Tiedown rings and support pillars shall be the same as specified in Subsection M(1) above.
N.
Lighting requirements. In addition to all other requirements for electrical distribution systems and lighting, each Mobile Home Park shall maintain adequate lighting at all times by means of the installation of electric eye post lights at each site. The post lights shall be maintained in good working order at all times by the Mobile Home Park Operator. All exterior lighting shall be controlled so that the source of the light shall not be visible beyond the boundaries of the Mobile Home Park.
O.
Utility distribution system. All utilities shall be installed and maintained in accordance with utility company specifications regulating such systems and shall be underground.
P.
Landscaping and buffering. In addition to the requirements of Article XXV, the following shall apply:
(1)
Landscaping. The intent is to preserve existing trees wherever possible. Areas in which trees are to be preserved shall remain at original grade level and in an undisturbed condition. Applicants shall make all reasonable efforts to harmonize their Plans with the preservation of existing trees and the natural contours of the land.
(2)
In addition to planting for buffered Setbacks, a Mobile Home Park shall comply with the following landscaping requirements:
(a)
Disturbed topsoil shall be stockpiled and replaced after Construction.
(b)
Deciduous trees of varying species commonly designated as shade trees that are three-inch minimum Caliper shall be planted within the Mobile Home Park at the ratio of two per Mobile Home. In the event that a substantial portion of the Tract is wooded and a substantial number of trees remain after Development, the Board of Supervisors may modify this requirement.
(c)
Ornamental, deciduous and/or evergreen shrubs of varying species shall also be planted within the Mobile Home Park at a ratio of at least four per Mobile Home, and distributed throughout the Mobile Home Park.
(d)
Planting of landscape material shall be in accordance with the Landscape Plan and shall be completed within six months of approval of the Final Plan; failure to fully implement the Landscape Plan within such time shall warrant denial of the park's annual license.
(3)
Buffers. A Buffer Area shall be provided, running the full length of the Lot Line between the Mobile Home Park and all adjoining properties, to serve as a visual screen.
(a)
Buffer Areas shall consist of a visual screen, at least 25 feet in depth containing two alternating rows of evergreen material (such as spruce, pine or hemlock) spaced on ten-foot centers. At the time of planting, the evergreen material shall be at least eight feet in height (after planting) to visually screen the property.
(b)
The plantings shall be maintained and replaced within six months in the event of death of any plant materials. Plantings shall not be placed closer than six feet from any Property Line.
(c)
The intent is to preserve existing trees wherever possible, except where clearance is required to ensure needed Sight Distance. Areas in which trees are to be preserved shall remain at original grade level and in an undisturbed condition.
(d)
A minimum of 70% of plant material shall be evergreen unless a greater amount is determined to be necessary.
Q.
Refuse handling. The storage, collection and disposal of refuse or waste in the Mobile Home Park shall be conducted so as to create no health hazard, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. If refuse collection centers are provided, they shall be screened from adjoining properties and public view by a wall, fence or hedge. No on-site incineration shall be permitted.
R.
Insect and rodent control. Grounds, Buildings and other Structures shall be maintained free of insect and rodent harborage and Infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Pennsylvania Department of Environmental Protection.
S.
Fuel supply and storage.
(1)
Natural gas systems.
(a)
Natural gas piping systems when installed in Mobile Home Parks shall conform to the rules and regulations of the Natural Fuel Gas Code, An American National Standard, Second Edition 1980, NFPA 54, or any revised edition.
(b)
Each Mobile Home Lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with a cap to prevent accidental discharge of gas when the outlet is not in use.
(2)
Liquefied petroleum gas systems.
(a)
Liquefied petroleum gas systems provided for Mobile Homes, Service Buildings or other Structures when installed shall be maintained in conformity with the rules and regulations of the National Fire Protection Association Standards No. 58 entitled "Storage and Handling, Liquefied Petroleum Gases," latest edition.
(b)
Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
(c)
The system shall have at least one accessible means for shutting off gas. Such means shall be located outside the Mobile Home and shall be maintained in effective operating condition.
(d)
All liquefied gas piping outside of the Mobile Home shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in Mobile Homes.
(e)
Vessels of more than 12 and less than 60 U.S. gallons gross capacity may be installed on a Mobile Home Lot and shall be securely but not permanently fastened to prevent accidental overturning.
(f)
No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, Mobile Home or other Structure.
(3)
Fuel oil supply systems.
(a)
All fuel oil supply systems for Mobile Homes, Service Buildings and other Structures shall be installed and maintained in conformity with the rules and regulations of the National Fire Protection Association Standards No. 31, entitled "Installation of Oil Burning Equipment," latest edition.
(b)
All piping from outside fuel storage tanks or cylinders to Mobile Homes shall be securely, but not permanently, fastened in place.
(c)
All fuel oil supply systems provided for Mobile Homes, Service Buildings and other Structures shall have shutoff valves located within five inches of storage tanks.
(d)
All fuel storage tanks or cylinders shall be securely placed and shall be not less than five feet from any Mobile Home exit.
(e)
Storage tanks located in areas subject to traffic shall be protected against physical damage.
T.
Fire protection.
(1)
Garbage and rubbish control. Mobile Home Park areas shall be kept free of Garbage and Rubbish.
U.
Miscellaneous requirements.
(1)
Mobile home hitch and decorative skirt. After a Mobile Home has been Anchored to the Mobile Home Stand, the hitch that is employed for the usual and normal movement of the unit shall be removed, and a decorative skirt shall be placed around the base of the unit. If the hitch is non-removable, it shall be enclosed in the decorative skirt.
(2)
Township permits required. In addition to any license and/or plumbing permit requirements, permits shall be obtained as follows:
(a)
A Mobile Home installation permit for the installation of any Mobile Home on any site, including the replacement of a Mobile Home on any existing site, shall be obtained from the Township. The application for the permit shall be on a form provided by the Township.
(b)
A building permit is required for any Construction or addition to a Mobile Home. A building permit is also required for the Construction of any new sites in existing Mobile Home Parks and for each new site in a proposed Mobile Home Park. The permits required by this section may be obtained either by the Mobile Home Park Operator or the Occupants of the site, but failure of either to obtain a permit shall not excuse the other. If the application for a permit is filed by the Occupants of the site, notice of the filing of the application shall be given by the Occupant or Occupants to the Operator of the Mobile Home Park.
(3)
Management responsibilities.
(a)
The Person to whom a license for a Mobile Home Park is issued shall operate in compliance with this chapter and all other Township ordinances pertaining thereto and shall provide adequate supervision and maintenance of its facilities and equipment and keep same in good repair and in a clean, sanitary condition.
(b)
The park management shall supervise the placement of each Mobile Home on its Mobile Home Stand, which includes ensuring its stability and installing all utility connections.
(c)
The management shall give the Board of Supervisors and the Mobile Home Park Inspector, as well as the plumbing and building inspectors and all other authorized Agents of the Township, free access to all Mobile Home Lots, Service Buildings and other community service facilities for the purpose of inspection.
(d)
The manager shall maintain a register stating the number of occupied Mobile Home pads and the names of all park Occupants. Such register shall be available to any authorized Person inspecting the park. In accordance with state and local taxation laws, the manager shall notify the appropriate offices of the arrival, within 10 days of such arrival, and the departure, no less than 30 days prior to departure, of each Mobile Home. The register shall be submitted to the Township as part of the application for renewal of the Mobile Home Park's annual license.
(4)
When manager is other than mobile home park owner. The Township shall be notified, in writing, if the Mobile Home Park manager is other than the Owner of the Mobile Home Park.
(5)
Removal of mobile home.
(a)
No Mobile Home shall be removed from the Township without first obtaining a removal permit from the Chadds Ford Township Tax Collector as required by Act No. 54, 1969,[2] of the Pennsylvania General Assembly. Such permit shall be issued upon payment of a fee as set from time to time by resolution of the Board of Supervisors and real estate taxes assessed against the home and unpaid at the time the permit is requested.
[2]
Editor's Note: See 72 P.S. §§ 5020-1 to 5020-602.
(b)
Any Person who removes a Mobile Home from Chadds Ford Township without first having obtained a removal permit shall, upon summary conviction thereof, be sentenced to pay a fine of $300 and costs of prosecution or undergo imprisonment for not more than 30 days, or both.
V.
Administration.
(1)
Administration of provisions. The provisions of this section shall be administered by the duly authorized Township Mobile Home Park Inspector, Plumbing Inspector and the Building Inspector.
(2)
Duties of the mobile home park inspector.
(a)
To review and process applications for Mobile Home Park permits, licenses and renewal permits, and to collect fees for said application.
(b)
To issue Mobile Home Park permits and renewal permits and to collect fees for said permits.
(c)
To keep records of the findings, discussions, recommendations and actions taken upon or in respect to all Mobile Home Parks.
(d)
To examine and inspect all Mobile Home Parks every six months to determine compliance with this chapter and other applicable ordinances of Chadds Ford Township.
(3)
Violation and penalties. In the event that the Mobile Home Park Inspector shall find any violation of the provisions of this section, or any regulation adopted pursuant thereto, or any Township ordinance pertaining to Mobile Home Parks, he/she shall give notice to the Person to whom the permit or certificate was issued, or, if none was issued, to the Person to whom such permit or certificate should have been issued, as hereinafter provided. Such notice shall:
(a)
Be in writing.
(b)
Include a statement for the reason for its issue.
(c)
Allow 30 days for the performance of the act it requires.
(d)
Be served upon the Owner or its Agent by the appropriate enforcement officer or someone authorized to enforce the Code as designated by the Board of Supervisors.
(e)
Contain an outline of the remedial action which, if taken, will affect compliance with the provisions of the section violated, or any part thereof, and with the regulations adopted pursuant thereto.
W.
Revocation. Upon failure of the holder of a permit or certificate to comply with the notice of violation and compliance order provided herein, the appropriate administrative agency may revoke the permit or certificate for the operation of the Mobile Home Park and may issue a cease-and-desist order terminating the operation of the Mobile Home Park.
X.
Appeal.
(1)
Board of supervisors. The holder of a permit or certificate receiving notice of revocation as set forth in Subsection W may appeal the revocation of its license to the Township Board of Supervisors.
(a)
Notice of appeal shall be received by the Township within 30 days of the notice of revocation, and shall be made via either: i) hand delivery to the Township Manager during normal business hours; ii) nationally recognized overnight courier; iii) certified mail; or iv) email to the Township Manager.
(b)
The filing of a timely appeal to the Board of Supervisors shall stay the revocation of license until the Board of Supervisors has reviewed the revocation and given its decision, in writing, to the holder of the permit.
(c)
Prior to rendering a decision on an appeal of the revocation of a permit, the Board of Supervisors shall hold a Public Hearing after providing a minimum of seven days' prior notice to the permit holder.
(2)
Court of competent jurisdiction. Following the decision of the Board of Supervisors upholding or revoking the license, the holder of a permit or certificate revoked hereunder may appeal the revocation to a court of competent jurisdiction as in similar cases, provided that the appeal is made within 30 days after the date of issuance of the order of revocation.
Y.
Other actions. In addition to the other enforcement procedures herein provided, the Township may initiate any appropriate actions or proceedings in law or equity to enforce provisions of this section and to prevent the violation thereof.