Charlestown Township
City Zoning Code
City Zoning Code
PART 6
PRD-PLANNED RESIDENTIAL DISTRICTS
§ 27-601 Purpose.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The Planned Residential Districts are strategically located in or proximate to the franchise or service areas of public utilities or Township authorities as each of the districts contains severe or moderate soils limitations for on-site, sanitary sewer systems or is in the zone of low (0-10 gpm) groundwater capability. The purposes for which this Part is enacted are:
A.
To provide a means to attain the goals, objectives and strategies of the Comprehensive Plan relative to orderly growth, diversified residential development, the conservation of open space, and the preservation and enhancement of environmental resources.
B.
To provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing at the time of development in a manner consistent with the preservation of the property values within existing residential areas.
C.
To encourage innovations in residential development so that the demand for housing may be met by greater variety in type, design and layout of dwellings.
D.
To encourage more efficient use of land and public facilities associated with residential development.
E.
To encourage more efficient allocation and maintenance of open space for conservation and active and passive recreation.
F.
To encourage sensitive land development which will respect and conserve such natural features and resources of the land as flood hazard and flood fringe areas, agricultural soils, steep and very steep slopes, surface watercourses and water bodies, groundwater and aquifer recharge areas, forested areas, terrestrial and aquatic wildlife habitats, historic and cultural sites, visual resources and other critical environmental areas and features of importance to the vitality of natural and cultural resources.
G.
To assure that the flexibility of regulations herein described is carried out pursuant to sound, expeditious and fair administrative standards and procedures.
§ 27-602 Administration.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The administration of the procedures for application for and approval of a planned residential development in a Planned Residential District (PRD) and control of such development therein is vested in the Board of Supervisors. Every provision of this Part shall apply to such development unless the Board of Supervisors expressly determines that a particular provision is inapplicable.
2.
Unless specifically provided in this Part to the contrary or unless the Board of Supervisors expressly determines and resolves to the contrary, all provisions of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, shall apply to such development and are hereby incorporated herein as if fully set forth hereafter by this reference thereto.
§ 27-603 Conditions of Eligibility.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
No application for planned residential development shall be submitted, accepted, considered or approved unless the following conditions are met:
A.
Any tract of land proposed for such development shall be in one ownership or in case of multiple ownership and/or several parcels, evidence shall be presented of a written agreement between or among the parties and landowners involved that such development will be in accordance with a single governing plan and other documents with common authority and common responsibility, all of which shall be submitted to the Township upon the making of an application for such development.
B.
Each planned residential development shall have the following minimum contiguous area requirements:
(1)
In PRD-1, such development shall consist of a contiguous area of at least 25 acres; for tracts less than 25 acres, the regulations of § 27-607, Subsection 2, shall apply.
C.
The development shall be served by public sanitary sewer and public water systems which shall be constructed, operational and have the assured capacity to serve the development at the time of first use or occupancy of any structures in the development begins. The feasibility and other requirements for such construction, operation and capacity shall be proved to the satisfaction of the Board of Supervisors as a condition of approval of the application for a tentative plan and a final plan.
§ 27-604 Use Regulations.
[Ord. 6/20/1979; as amended by Ord. 112-2003, 11/17/2003, § 2; and by Ord. 113-2003, 11/17/2003]
1.
The following provisions apply to all planned residential developments in the following Districts:
A.
Planned Residential Development-1 (PRD-1) District. This District is located within and proximate to the service area of the Valley Forge Sewer Authority. It is in the zones of high (60 gpm and over) groundwater capability and moderate (10-60 gpm) groundwater capability. The eastern portion of this District however contains soils having severe limitations for on-site sanitary sewer systems while the western portion thereof contains soils having moderate limitations for on-site sanitary sewer systems.
A building or other structure may be erected, altered or used, and a lot may be used and/or occupied subject to Parts 11 and 12, for the following:
(1)
(3)
Conditional Uses. (Refer to § 27-1809)
(a)
Public utility structures or facilities, provided that no exterior storage of equipment, no housing of construction or repair crews, no aboveground storage of gaseous or liquid fuel, and no aboveground structures related to pipelines shall be permitted.
[Amended by Ord. No. 210-2019, 11/4/2019]
(b)
Home occupation, subject to the provisions of Part 16.
(c)
Religious use.
[Amended by Ord. No. 210-2019, 11/4/2019]
(d)
Private clubhouse for recreation as an accessory use, provided that the principal activity shall not be one which is customarily carried on as a business.
[Amended by Ord. No. 210-2019, 11/4/2019]
B.
Planned Residential Development-2 (PRD-2) District. This District is located adjacent to the service areas of Township authorities. It is within the zone of low (0-10 gpm) groundwater capability but within the zone of soils having moderate limitations for on-site sanitary sewer systems except for the northeast portion thereof which contains soils having severe limitations for on-site sanitary sewer systems.
A building or other structure may be erected, altered or used, and a lot may be used and/or occupied subject to Parts 11 and 12, for the following:
C.
Planned Residential Development-3 (PRD-3) District. This District is located within the potential service area of the Valley Forge Sewer Authority and within the franchise area of the Philadelphia Suburban Water Company. It is, however, within the zone of low (0-10 gpm) groundwater capability and contains soils having severe limitations for on-site sanitary sewer systems except for a bisecting band of soils having moderate limitations for on-site sanitary sewer systems.
A building or other structure may be erected, altered or used, and a lot may be used and/or occupied subject to Parts 11 and 12, for the following:
§ 27-605 Height Regulations.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The maximum height of dwellings and other structures erected or enlarged in PRD-1, PRD-2 and PRD-3 shall be 35 feet, except as provided in Part 16.
§ 27-606 Density, Open Space and Dwelling Unit Composition.
[Ord. 6/20/1979; as amended by Ord. 59-1991, 6/3/1991, § 1; and by Ord. 113-2003, 11/17/2003]
1.
The following provisions apply in all planned residential developments in the following PRDs:
A.
Planned Residential Development-1 (PRD-1) District.
(1)
The gross density in PRD-1 shall not be greater than 2 1/2 dwelling units per acre; however, in the case of a mobile home park, the gross density shall not be greater than four dwelling units per acre.
(2)
Not less than 50% of the total area of the property shall be designated as open space, subject to the provisions of Part 15.
(3)
The dwelling units in PRD-1 shall consist of a minimum of each of the following: a minimum of 20% single-family detached dwelling units; a minimum of 35% single-family attached dwelling units; and, a maximum of 40% apartments. However, in the case of a mobile home park, all dwelling units may be single-family detached.
B.
Planned Residential Development-2 (PRD-2) District.
(1)
The gross density of PRD-2 shall not be greater than 3 1/2 dwelling units per acre.
(2)
Not less than 50% of the total area of the property shall be designated as open space, subject to the provisions of Part 15.
(3)
A planned residential development within PRD-2 Zoning District shall include not less than 40% single-family attached dwelling units and not greater than 50% apartment dwelling units.
C.
Planned Residential Development-3 (PRD-3) District.
(1)
The gross density of PRD-3 shall not be greater than 2 3/4 dwelling units per acre.
(2)
Not less than 50% of the total area of the property shall be designated as open space, subject to the provisions of Part 15.
(3)
The dwelling units in PRD-3 shall consist of a minimum of each of the following: a minimum of 75% single-family attached dwelling units; and, a maximum of 25% apartments.
§ 27-607 Area and Bulk Regulations.
[Ord. 6/20/1979; as amended by Ord. 50-1985, 5/6/1985, § 2; and by Ord. 113-2003, 11/17/2003]
1.
The following provisions shall apply to all planned residential developments in a PRD:
A.
Planned Residential Developments.
(2)
The area and bulk regulations for single-family detached dwelling units within a mobile home park shall be as follows:
(a)
Minimum Lot Area. A lot area not less than 10,000 square feet shall be provided for each mobile home.
(b)
Minimum Lot Width at the Building Line. A lot width of 90 feet at the building line shall be provided for every building or dwelling.
(c)
Minimum Lot Width at the Street Line. A lot width of 50 feet at the street line shall be provided.
(d)
Maximum Impervious Surface and Building Coverage. Not more than 50% of any lot shall be covered by impervious surfaces and not more than 20% of any lot area shall be occupied by buildings.
(e)
Minimum Depth of Front and Rear Yards. There shall be a front yard and a rear yard on each lot, neither yard having a depth of less than 30 feet.
(f)
Minimum Depth of Side Yards. On each lot there shall be two side yards having an aggregate width of 35 feet; neither side yard shall have a width of less than 10 feet. On each corner lot there shall be two side yards: the side yard abutting a street shall have a width of not less than 30 feet and the side yard not abutting the street shall have a width of not less than 10 feet.
(3)
Where single-family attached dwelling units, such as duplex or "twin" or other like single structure multi-dwelling units are proposed within a PRD, the area and bulk regulations of § 27-504, Subsection 1, shall apply for each individual dwelling, except in the case of the minimum depth of side yards, where the following shall apply:
(a)
Minimum Depth of Side Yards. On each lot there will be one side yard which shall have a width of not less than 25 feet. However, when duplex or "twin" units are adjacent to the intersection of two streets, the dwelling whose side yard abuts the street shall have a width of 40 feet; and, the side yard of the individual dwelling whose side yard does not abut the street shall have a width of not less than 25 feet.
B.
Other Development. Where a tract contains less than the minimum contiguous areas for a planned residential development as required in § 27-603, Subsection 2, the area and bulk regulations for single-family detached dwelling units (i.e., single structure single-family dwelling units) shall be as follows:
(1)
In PRD-1, for tracts less than 25 acres, the regulations of Part 4 shall apply, and the FR — Farm Residential District shall be the applicable District when the minimum contiguous area requirement is not met.
(2)
In PRD-2 and PRD-3, for tracts less than 50 acres, the regulations of Part 4 shall apply, and the FR — Farm Residential District shall be the applicable District when the minimum contiguous area requirement is not met.
§ 27-608 Design Standards.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
In addition to design standards satisfying the Board of Supervisors and those contained in Part 5 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, which pertains to streets, paved cartway, curbs and gutters, sidewalks, storm sewers and surface drainage, water supply systems, sanitary sewer systems and like matters, and the open space provisions of Part 15, in particular the performance standards in Part 15, § 27-1505, the following design standards shall apply to all planned residential developments in any PRD:
A.
All housing areas (and other areas on, in, under or above which structures are, or are to be, located) shall be planned, designed, constructed and made maximally usable, operable and habitable, with regard to the topography and natural features of the tract. The effects of prevailing winds, seasonal temperatures and hours and angles of sunlight on the physical layout and form of the proposed buildings and other structures shall be included herein.
B.
Variations in building and other structural locations shall be provided to create architectural interest and/or preserve critical environmental areas and amenities.
C.
Every building and other structure (except for streets, and utilities, within the street right-of-way) shall be sited to promote pedestrian and visual access to common open space in accordance with the provisions of Part 15.
D.
The length of any building and other structure shall not exceed 175 feet in any single direction.
E.
Any building and other structure shall be at least 100 feet from the peripheral boundary line of the tract.
F.
Any building and other structure shall be at least 30 feet from the right-of-way of local streets, 40 feet from the right-of-way of rural collector streets, and 50 feet from the right-or-way of minor and principal arterial streets; no structures shall be less than 20 feet from the limit of parking areas.
G.
Any structure shall be at least 30 feet from the closest point of any other structure, except where walls of adjoining buildings are within 25° of being parallel to each other for a distance of 35 feet, the minimum distance between such walls shall not be less than 50 feet at the closest point.
H.
All utilities shall be designed, placed and installed underground at angles, grades, locations and depths satisfactory to the Board of Supervisors.
I.
Fire hydrants shall be installed to meet the requirements of the Middle Atlantic Fire Underwriters Association and the Board of Supervisors.
J.
All off-street parking areas, streets and other areas of pedestrian and motor vehicle use shall be permanently illuminated with the least energy intensive devices, structures and systems while providing the maximum illumination so that the Board of Supervisors is assured to its satisfaction that such illumination assures safety to pedestrians and motor vehicles at the least cost of operation and maintenance. All such lighting shall be so arranged to direct light either downward or away from residences.
§ 27-609 Stormwater Control.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
Where existing storm sewer systems are deemed by the Board of Supervisors as accessible, the Board of Supervisors may require a proposed development connect therewith.
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. The developer shall be responsible for the installation or improvement of off-tract systems as deemed necessary by the Board of Supervisors.
4.
The design and construction of all storm drainage facilities and storm sewer systems shall be subject to the approval of the Township Engineer.
§ 27-610 Soil Erosion and Sedimentation Control.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003; and by Ord. 159-2010, 10/4/2010, § 4]
1.
Plans submitted for a development shall conform to the provisions for minimizing erosion and sedimentation as set forth in the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection, and in § 22-512 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time. In preparing 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 and ordinance.
§ 27-611 Environmental Controls.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
In addition to the controls presented in the above section herein, all developments and land use in a PRD shall be governed by Parts 13 and 16 and all plans, documents and other submissions in regard to any approval sought shall demonstrate to the Board of Supervisors compliance therewith.
§ 27-612 Landscaping.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
Landscaping shall be an essential feature of every development in a PRD. In addition to the preservation of natural features, trees and slopes of the tract, landscaping of parking areas and the installation, of street trees shall be performed as follows:
A.
All parking areas shall be landscaped. The interior of each lot shall have one three-inch caliper shade tree for every five parking spaces if there are no existing shade trees in such areas.
B.
Shade trees shall be provided along all streets. Trees shall be within the right-of-way, two feet from the edge of the right-of-way. No less than one four-inch caliper tree shall be planted at the average interval set forth in the Appendix of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
C.
The type of trees and plants to be planted shall be subject to the approval of the Board of Supervisors, approval of types of trees and plants to be based on, but not limited to, the following criteria:
(1)
Trees and plants shall be typical of their species and variety; and have normal growth habits, well developed branches, and densely foliated, vigorous, fibrous root systems.
(2)
Trees and plants shall be free from defects and injuries and certified by appropriate federal and state authorities to be free from diseases and insect infestations.
(3)
Trees and plants shall be freshly dug and nursery grown. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to the conditions of the locality of the development.
D.
Planting screens shall be landscaped for the full required width and length with plant material of sufficient density and of sufficient height to constitute an effective screen. The requirements for planting screens and compliance therewith shall be determined by the Board of Supervisors.
E.
Existing trees shall be preserved except where the Board of Supervisors determines removal to be necessary. The protection of trees of six-inch caliper or greater shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels. The developer shall plant one tree of not less than three inches in caliper for each tree of six-inch caliper or more to be removed or which has been otherwise damaged or destroyed. In the event such trees cannot be planted on the development property because of site constraints, as mutually determined by the Township and the developer, the Township and the developer shall agree on one or more of the following methods to comply with the trees replacement requirement:
(1)
The number of required trees may be reduced by installing larger or more valuable trees to attain equal monetary value.
(2)
The required trees shall be planted on a Township owned and maintained property.
(3)
The monetary value of the required trees shall be donated to the Township. Such value shall be determined by using current wholesale prices from plant nursery catalogues, multiplied by 2.1 (to account for handling, shipping and installation costs).
§ 27-613 Development in Stages.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
A developer may propose to develop a development in a PRD in stages and the Board of Supervisors may approve same if the following criteria are met:
A.
The application for tentative approval covers the entire development and shows the location and time of construction for each stage, 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 stage.
C.
The second and subsequent stages are completed in strict accordance with the tentatively approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 25% of the dwelling units receiving tentative approval.
D.
In no case shall work on the current stage area include stripping or disturbance of woodland and soils set aside for later stages.
E.
All improvements in the tract other than dwellings shall be completed contemporaneously with the completion of construction of the first stage of development.
F.
Any plans, documents and other papers required by the Board of Supervisors to depict all of the foregoing and the limits thereof are submitted to and approved by the Board of Supervisors.
§ 27-614 Location, Ownership and Maintenance of Open Space.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
All development in a PRD and the plans, documents and other papers therefore shall comply with Part 15, "Open Space Provisions."
§ 27-615 Application for Tentative Approval.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The application for tentative approval of a development in a PRD shall be executed by the developer and submitted for filing with the Township Secretary. If the applicant is not the landowner, the executed consent of the landowner or evidence of the applicant's legal authority to make such an application shall be so submitted. An initial deposit in the amount specified by the Board of Supervisors by resolution or otherwise, to be applied against expenses associated with the processing and review of the application, shall be paid upon filing the application. Additional deposits shall be made from time to time as requested by the Township not to exceed actual expenses. Nineteen copies of the application shall be submitted to the Township Secretary for various required reviews. The application for such tentative approval shall include all plans, documents, papers and submissions proving compliance with all of the standards and requirements of this Part, but the Board of Supervisors may require such additional plans, documents and submissions as needed to aid them in the review of the applications and accompanying papers.
A.
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 development would be in the public interest and would be consistent with this chapter and the Comprehensive Plan's goals, objectives and strategies, and its recommendations for land use, community facilities and utilities, circulation and other matters as therein recommended.
(3)
Documentary evidence proving that the applicant has notified the abutting owners that an application for tentative approval of a proposed development of the subject tract has been submitted for filing with the Township Secretary. Such notification shall occur within 10 days after the submission of an application with the Township Secretary and shall be by Registered Mail, return receipt requested, postage prepaid. Evidence of such notification shall be presented to the Board of Supervisors at the first public hearing at which the tentative plan is discussed as set forth in § 27-616 herein.
(4)
A map to be drawn at a scale of one inch equals 800 feet indicating the location and size of the tract and its relationship to surrounding properties, and showing all streets, roads, Township boundaries, subdivisions, adjoining properties and designated open space within 2,500 feet of any part of the tract. In the case of development of a section of the entire tract, the key map shall show the relationship of the section to the entire tract.
(5)
A plan at a scale of one inch equals 100 feet delineating the topography of the tract. Such plan shall contain contours with at least two foot intervals and shall accurately and conspicuously depict, delineate, and otherwise note in graphic fashion, slopes from 0% to 4%, 4% to 10%, 10% to 15%, 15% to 25% and greater than 25%.
(6)
A plan at a scale of one inch equals 100 feet accurately and conspicuously depicting, delineating, and otherwise noting in graphic fashion the vegetation of the tract. Such plan shall depict the location of all trees six inches to 12 inches in caliper, and, those greater than 12 inches in caliper.
(7)
A plan at a scale of one inch equals 100 feet delineating the drainage characteristics of the tract. Such plan shall accurately and conspicuously depict, delineate and otherwise note in graphic form all perennial and intermittent streams and other watercourses and their watersheds, as well as all flood fringe and flood hazard areas.
(8)
A plan at a scale of one inch equals 100 feet accurately and conspicuously depicting, delineating and otherwise noting in graphic fashion the soils of the site. Such plan shall depict, delineate and otherwise note in graphic fashion all soil types and shall include a table identifying soil characteristics pertinent to the proposed development and the tract.
(9)
A plan at a scale of one inch equals 100 feet accurately and conspicuously depicting, delineating and otherwise noting in graphic fashion the proposed use areas by type, size, location and gross density.
(10)
A plan at a scale of one inch equals 100 feet accurately and conspicuously depicting, delineating and otherwise noting in graphic fashion the use, height, bulk and location of the buildings and other structures, and the location of streets, rights-of-way, cartways and parking areas and other improvements.
(11)
A plan at a scale of one inch equals 100 feet depicting, delineating and otherwise noting in graphic fashion common open space. Such plan shall accurately and conspicuously depict, delineate and otherwise note in graphic fashion the location, function and size of open space areas, and any existing natural and cultural features contained within the open space. In addition, the plan shall include any facilities or other structures proposed. Accompanying the plan shall be a statement indicating the proposed means for ownership and maintenance of the common open space.
(12)
A written report indicating the feasibility of proposals for water supply and sanitary sewage disposal.
(a)
With regard to water supply, there shall be an objective description of the ability to achieve a safe and efficient water supply system. The description shall reference geologic and hydrologic data relative to groundwater conditions, realistic potential yields and quality. In addition to such information regarding water supply, the description shall indicate the demand by type of use for water from the proposed development and its related uses and users.
Where water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the proposed development, the applicant shall include documentary evidence that water is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a Township corporation, authority or utility.
(b)
With regard to sanitary sewage disposal, there shall be an objective description of the ability to achieve a safe and efficient system for sewage disposal. The description shall indicate all proposed measures and methods for conveying and treating the sewerage and the sizes of all pipes and direction and quantities of flow anticipated from the development, as well as all connections which will be required to tie into existing sanitary sewers.
(c)
Assurance of the availability of safe and efficient public water and public sewer facilities shall also be reported. Such assurance shall include a letter 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.
(13)
A written report indicating the proposed stormwater system and methods of stormwater management. Said report shall include a conservation plan and be in complete conformance with § 22-404 of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time. Said report shall also include a fully detailed soil erosion and sedimentation control plan.
(14)
A written report indicating the proposed methods and measures to be undertaken for energy conservation and the effective utilization of renewable energy sources.
(15)
A plan illustrating phasing, including a time schedule for all on-site and off-site improvements to be offered for dedication for public use.
(16)
A fully detailed grading plan at a scale of one inch equals 100 feet delineating proposed contours at minimum intervals of two feet.
(17)
A fully detailed landscaping plan at a scale of one inch equals 100 feet differentiating existing and proposed plant materials and including a plant list with the botanical and common names of all proposed plan materials, as well as notations for the quantities and sizes of proposed plant materials.
(18)
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.
(20)
In the case of plans which call for construction of the development in permitted stages, a schedule showing the time within which applications for final approval of all parts of the Development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.
(21)
A report accompanying the application shall demonstrate compliance with the provisions set forth for documentation herein.
B.
Copies of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Township Planning Commission and the Chester County Planning Commission for review and recommendation. One copy of the Township Planning Commission report, if any, shall be furnished to the applicant upon receipt by the Board of Supervisors.
C.
The applicant, the Board of Supervisors, the Township Planning Commission and the Chester County Planning Commission may consult informally concerning the proposed development in a PRD 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.
§ 27-616 Public Hearings.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
Within 60 days after the filing of an application for tentative approval of the development pursuant to this Part, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors. The hearing shall be held in accordance with the procedures set forth in §§ 27-1903, Subsections 1 through 6, hereof, except that references to the Zoning Hearing Board shall be deemed to be references to the Board of Supervisors.
§ 27-617 Findings.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The Board of Supervisors, within 60 days following the conclusion of the public hearing(s) provided for in this Part, shall by official written communication to the applicant, either:
A.
Grant tentative approval of the development plan as submitted.
B.
Grant tentative approval subject to specified conditions not included in the development plan as submitted.
C.
Deny tentative approval of the development plan.
Failure to do so within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the applicant may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors notify such Board of Supervisors 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 applicant 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.
2.
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:
B.
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject tract, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
C.
The purpose, location and amount of the common open space in the development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
D.
The proposed systems for sanitary sewers, water supply, stormwater control and soil erosion and sedimentation control, and the manner in which said proposals adequately or inadequately address the construction, operation and maintenance of such systems.
E.
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular and pedestrian traffic, and further the amenities of light and air, recreation and visual enjoyment.
F.
The relationship, beneficial or adverse, of the proposed development to the neighborhood in which it is proposed to be established.
G.
In the case of a development plan which proposed 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 development in the integrity of the development plan.
3.
In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within, which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the period of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the Board of Supervisors the time so established between grant of tentative approval and application for final approval shall be not less than three months nor more than one year, and in the case of development over a period of years, the time between applications for final approval of each part of the plan shall not be less than 12 months nor more than 18 months.
§ 27-618 Status of Plan After Tentative Approval.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
The official written communication provided for in § 27-617 of this Part shall be certified by the Secretary of the Board of Supervisors and shall be filed in his/her office, and a certified copy shall be mailed to the applicant.
2.
Tentative approval of a development plan shall not qualify a plot for recording nor authorize development or the issuance of any building permits.
3.
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the applicant shall elect to abandon said development plan and shall so notify the Board of Supervisors in writing, or in the event the applicant shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted in the records of the Township Secretary.
§ 27-619 Application for Final Approval.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
1.
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Board of Supervisors and within the time or times specified by the official written communication granting tentative approval as in § 27-617 or as otherwise mutually agreed upon between the applicant and the Board of Supervisors and set forth in writing by the Board of Supervisors. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held. The application for final approval shall consist of a plan or plans and accompanying documents which shall show and shall include the following information:
A.
The Plan. The final plan shall be prepared in accordance with the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time, and with the requirements set forth below. All plans shall be drawn at a scale not smaller than one inch equals 50 feet and shall be clear and legible blue-line or black-line prints, containing or showing:
(1)
Development name or identifying title.
(2)
Municipality in which the development is located.
(3)
North point, scale and date.
(4)
Name of record owner of the tract and developer.
(5)
Name and seal of the registered professional engineer, landscape architect, land planner, architect or surveyor responsible for the plans.
(6)
Boundaries of the tract determined by accurate survey in the field which shall be balanced and closed with an error of closure not to exceed one foot in 10,000.
(7)
Property lines within the development.
(8)
Lot areas to 1/1000 of an acre.
(9)
Street lines, lot lines, rights-of-way; easements and areas to be offered for dedication for public use or proposed to be restricted to common open space. Profiles for all streets and for proposed sanitary and storm sewer mains, inlets and manholes, and location of all utilities.
(10)
The length of all straight lines, radii, lengths of curves and tangent bearings for each street.
(11)
All dimensions and angles or bearings of the lines for each lot and of each area to be offered for dedication for public use.
(12)
The designation of common open space including the area contained therein.
(13)
Location, grades, length and width of all private driveways and all parking facilities and type of paving and other surface to be used therefor.
(14)
Names proposed to be given to all streets and details of all juncture points to state, township or private roads.
(15)
Location of all structures.
(16)
Number of lots.
(17)
Number of dwelling units by type and the number, location and square footage of areas to be devoted to nonresidential use.
(18)
Architectural drawings and elevations to scale of all buildings, said drawings to bear the signature and the seal of the architect who has prepared same.
(19)
Gross area of the entire development tract and, in the case of development in stages or the gross area of the stage or section both for which plans are submitted and not submitted.
(20)
All permanent monuments.
(21)
All existing watercourses, tree masses and other natural features, including all trees six inches in caliper or greater.
(22)
A final soil erosion and sedimentation control plan.
(23)
A final landscaping plan, differentiating existing and proposed plan materials and including a final plant list that indicates the types, quantities and sizes of proposed plant materials.
B.
The Documentation. The application for final approval shall also be accompanied by:
(1)
Copies of deed restrictions and/or easements, and other documents relating to title, use or occupancy.
(2)
Copies of permits from the state, county or other authority or entity regarding the construction, operation and maintenance of the proposed sanitary sewer system, water supply system, soil erosion and sedimentation control system, and high occupancy system; and copies of permits from the Township regarding soil erosion, sedimentation and grading control and highway occupancy.
(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, covenants and other documents governing the reservation and maintenance of undedicated open space, provided that all such offers of dedication and covenants shall be subject to the approval of the Township Solicitor as to their legal sufficiency and compliance herewith.
(5)
Copies of the homeowners agreements for common open space not to be offered for dedication to the Township.
(6)
Such other information related to the development as is deemed necessary by the Board of Supervisors to make their determination. All such information shall be in writing.
C.
In the event the application for final approval has been filed, together with all drawings, specifications, covenants, easements, performance bonds, and other documents, papers and submissions in support thereof and in compliance herewith, and as required by this chapter and the official written communication for tentative approval, the Township shall within 45 days of such filing, grant such development plan final approval.
D.
In the event the development plan, documents and other papers as submitted contain variations from the development plan, documents and other papers 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 applicant in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the applicant may either:
(1)
Refile his application for final approval without the variations objected to.
(2)
File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval.
If the applicant wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days of receipt of notice that the development plan was not in substantial compliance. In the event that the applicant shall fail to take either of these alternate actions within said time, he shall deemed to have abandoned the development plan. Any such public hearing held pursuant to public notice within 30 days after request for the hearing is made by the applicant and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing(s), the Board of Supervisors shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this Part. |
E.
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 by the landowner of record forthwith in the Office of the Recorder of Deeds before any development shall take place in accordance therewith.
F.
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the approving body in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions set forth in § 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508, 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 reclassified by enactment of an amendment to this chapter in the manner prescribed in Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
§ 27-620 Legal Remedies.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The Township may avail itself of any and all remedies or penalties for violations as set forth in §§ 27-2102 and 27-2103 hereof and any other such remedies available at law and in equity including, but not limited to those specified in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
§ 27-621 Bonding/Security for Completion of Improvements.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
Upon approval of the final plan, the applicant shall post financial security in accordance with § 509 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509.
§ 27-622 Insurance and Indemnity.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The Township shall require appropriate liability insurance and minimum limits for coverage in regard to any development. The Township shall be a "named insured" under all such liability policies, without premium liability therefor. Said policy shall further be written to exclude the operation of any "other insurance" clause. The Township shall also require from the applicant a defense, indemnity and hold harmless agreement in favor of the Township which shall be insured by the applicant to at least the minimum limits required by the Board of Supervisors for liability insurance.
§ 27-623 Recording.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
The final plan will be recorded by the landowner in the Office for the Recording of Deeds in and for Chester County, Pennsylvania, within 90 days of the granting of final approval by the Board of Supervisors.
§ 27-624 Fees.
[Ord. 6/20/1979; as amended by Ord. 113-2003, 11/17/2003]
Fees for review of the tentative and final plan shall be established by resolution of the Board of Supervisors. Should any funds remain after the final plan is processed and reviewed, they will be returned to the applicant.