Concord Township City Zoning Code
ARTICLE X
XR-PRD-1 Residence - Planned Residential Development District
§ 210-68 Purposes.
The purposes are:
A.
To recognize the need for rational direction for increasing land development and to meet the growing need for housing of all types, while at the same time minimizing the loss of open countryside; to preserve the atmosphere of the Township; to forestall inadequacies in community services and facilities; and to protect property values in existing residential areas.
B.
To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by conservation and more efficient use of open space ancillary to said dwellings.
C.
To provide greater opportunities for better housing and recreation for all who are or will be residents of the Township.
D.
To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may inure to the benefit of those who need homes.
E.
To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas and areas of unusual beauty or importance to the natural ecosystem.
F.
In aid of these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures and to design the above-mentioned procedure so that it permits higher densities in the areas recognized in the Comprehensive Plan as most capable of receiving and supporting such densities.
§ 210-69 (Reserved) [1]
§ 210-70 Approving body.
The Township Council shall administer the provisions of this article, which administration shall include the approval, modification or disapproval of any development plan; provided, however, that subject to any inconsistent provisions of the Municipalities Planning Code, the Township Council may by resolution from time to time designate the Township Planning Commission as the official agency of the Township Council for any or all of such purposes, either generally or with respect to one or more specific developments, and may from time to time by resolution revoke or amend any such designations.
§ 210-71 Eligibility.
No application for tentative approval of a planned residential development shall be considered or approved unless the following conditions are met:
A.
The proposed planned residential development consists of one or more contiguous parcels of land under one ownership containing 50 or more acres of land, located in a R-PRD Planned Residential District of the Township.
[Amended 2-4-1986 by Ord. No. 148]
B.
The proposed planned residential development will be connected to public water and sanitary sewer systems.
C.
Both water supply and sewage disposal system shall be operational at the time of occupancy of the first completed structure.
D.
The proposed development is found to be consistent with the Comprehensive Plan for Concord Township.
§ 210-72 Permitted uses.
A.
Uses by right.
(1)
Residential uses. It is the objective of this article to encourage the utilization of a variety of housing types in planned residential developments. A mix of housing types appropriate to the site determined according to the provisions set forth in §§ 210-74B(2) and 210-77A and subject to the approval of the Township Council may include the following residential uses:
B.
Uses by special exception.
[Added 11-5-2008 by Ord. No. 325]
(1)
A cellular telecommunications facility with antennas attached to a nonresidential building or a structure of a permitted church, municipal or governmental building or facility and a building or structure owned by a public utility regulated by the Pennsylvania Public Utility Commission, subject to the applicable provisions of Articles XXA and XXVIII.
§ 210-73 Density.
A.
The maximum permissible average gross density, computed over the entire planned residential development, shall be four dwelling units per acre.
B.
Not less than 50% of the total area of the planned residential development shall be designated as and devoted to common open space.
C.
No more commercial development shall be allowed than expert market analysis shows, to the satisfaction of the Township Council, will be needed to serve the resident population of the planned residential development.
§ 210-74 Design standards.
B.
Landscaping.
(1)
Landscaping shall be regarded as an essential feature of every planned residential development. In addition to the preservation of natural features, trees and slopes of the site, careful attention shall be given to landscaping of parking areas and provisions of street trees as required by this article.
(2)
In order to determine the suitability of specific areas of the total PRD site for specific land uses and land use intensities, a thorough analysis of the natural features of the site will be required in accordance with § 210-77. The following subject categories must be included in such an analysis:
(a)
Hydrology. Analysis of natural drainage patterns in site area, including denoting surface water, marsh, floodplain, permanent high-water table and seasonal high-water table areas throughout the site.
(b)
Geological. Analysis of characteristics of rock formations underlying the site, including defining aquifers (particularly those subject to pollution), shallow bedrock areas and areas in which formations are unstable.
(c)
Soils. Analysis of types of soils present in the site area, including defining of prime agricultural soils, aquifer recharge soils areas, unstable soils and soils susceptible to erosion.
(d)
Topography. Analysis of terrain of site, including designation of slope areas over 25% and between 15% and 25%.
[Amended 1-5-1998 by Ord. No. 221]
(e)
Vegetation. Analysis of land cover of site, including designations of forest and woodland areas, meadowland areas and areas with little or no land cover.
(3)
Landscaping shall be planned and effectuated in the planned residential development so as to integrate buildings with their surrounding lands and to present a total pattern throughout the site. The use of berms is encouraged. In the planning and effectuation of such landscaping as well as in the effectuation of Subsection B(4) and (5) of this section, the developer shall be guided by the following criteria. Plant material, including both deciduous and evergreen trees and shrubs, shall be chosen on the basis of:
(a)
Aesthetic values such as autumn coloration, flowers, fruit, bark and crown characteristics, susceptibility and dieback.
(b)
Susceptibility to insect and disease infestation and air pollution.
(c)
Species longevity.
(d)
Wind firmness and suitability of plant material to soil types.
(e)
Wildlife values (ability of plant material such as oak, hickory, dogwood and walnut to provide food for bird and animal life).
(f)
Trees and shrubs which are prone to cause pavement heaving or whose roots have a tendency to invade water and sewer lines (i.e., poplar, willow, silver and Norway maple, beech) shall not be planted where their presence will result in pavement heaving or the clogging of mains and drains.
(g)
Where land is open or barren, the planting of trees is encouraged.
(4)
The protection of trees of eight-inch caliper or over measured 4.5 feet off the ground shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
[Amended 1-5-1998 by Ord. No. 221]
(5)
The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance and the 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. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. Wherever possible, scenic points, historic spots and other community assets and landmarks shall be preserved.
(6)
Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes and to enhance the appearance of open space. This program must be approved by the Soil Conservation District of the Federal Soil Conservation Service. Excessive cuts and fills shall be avoided. Topsoil shall not be stripped, covered or removed from the development site.
(7)
Erosion control measures, such as minimizing the areas of exposed soil, mulching, building silt catchment basins and planting temporary ground cover, shall be instituted as necessary. All construction, including grading and regrading, shall be accomplished under and in accordance with the conservation plan required by § 210-77A of this article. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system, approved by the Township Engineer, will be required.
(8)
All parking areas shall be landscaped. The interior of each lot shall have one two-inch-caliper shade tree for every four cars.
(9)
Wherever the site is not naturally wooded, shade trees shall be provided along all streets. No fewer than two two-inch-caliper trees measured 4.5 feet off the ground shall be planted for each twenty-five-foot section of collector streets. For the purpose of these regulations, street trees are limited to the following: honey locust, red oak, columnar-type maples, sugar maple and sweet gum.
(10)
Subject to the approval of the review agency, the planting strip or utility strip between the curb and sidewalk may be moved and placed into an acceptable public park area on an equal basis, resulting in an integral curb, gutter and sidewalk treatment where this is accomplished. Where integral curb, gutter and sidewalk is permitted, a planting and utility easement shall be required. The combined dimension of such sidewalk and planting and utility easement together shall not exceed the residual dimension of road right-of-way measured from the back of the curb to the right-of-way line for each side, respectively. Such integral treatment shall, however, not be permitted on arterial or collector thoroughfares. Areas within planting strips cannot be used to enable larger lot sizes or used for park purposes.
C.
Buildings.
(1)
All housing shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account.
(2)
The approximate location and arrangement of buildings and open spaces must be shown to the Township Council on tentative plans so that it may review the intensity of land use and serve the public interest by protecting neighboring land uses.
(3)
Good quality development is encouraged by taking into consideration the appearance of all elevations and layouts of buildings and external spaces and materials used therein.
(4)
Variation of conventional siting practices such as building setbacks from streets and minimum distances between buildings may be required by the Township Council in order to produce a more attractive and interesting arrangement of buildings.
(5)
All housing shall be sited so as to ensure natural light for all principal rooms and to enhance privacy within and adjacent to the planned residential development.
(6)
Housing and other facilities near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring areas.
(7)
Townhouses shall be arranged in groups or clusters and not in long rows parallel to street lines.
(8)
Density and dwelling unit composition. Single-family houses, semidetached houses and townhouses may be arranged so as to provide for individual lots for each unit or may be arranged as rental units or condominiums. Apartments, where permitted, shall be constructed as rental units or condominiums.
[Amended 2-4-1997 by Ord. No. 209]
(a)
Sufficient yard areas shall be set aside and designated on the plan for each type of housing so that on an average throughout the development:
[1]
The maximum net residential density for apartment areas shall not exceed 16 dwelling units per acre.
[2]
The maximum net residential density for attached housing (townhouse) use areas shall not exceed eight dwelling units per acre.
[3]
The maximum net residential density for semidetached housing areas shall not exceed six dwelling units per acre.
[4]
The maximum net residential density for single-family detached housing areas shall not exceed three units per acre.
[5]
The maximum net residential density for single-family residence with accessory apartment housing areas shall not exceed five dwelling units per acre.
(b)
The acreage set aside for common open space, rights-of-way of streets or specific lots or areas set aside for commercial, institutional or other purposes shall not be used for computation of net residential density for any residential use.
(c)
The composition of the dwelling units within the PRD shall meet the following requirements:
[1]
The number of dwelling units contained within the detached single-family type of housing shall not exceed 70% of the total number of dwelling units in the PRD.
[2]
The number of dwelling units contained within the semiattached single-family type of housing shall not exceed 70% of the total number of dwelling units in the PRD.
[3]
The number of dwelling units contained within the attached single-family (townhouse) type of housing shall not exceed 70% of the total number of dwelling units in the PRD.
[4]
The number of dwelling units contained within the garden apartment type of housing plus the number of dwelling units contained within the medium-rise apartment type of housing plus the number of dwelling units contained within the high-rise apartment type of housing shall not exceed 85% of the total number of dwelling units within the PRD.
[5]
The number of dwelling units contained within the single-family with an accessory apartment type of housing shall not exceed 30% of the total number of dwelling units in the PRD.
(9)
No structure shall be less than 50 feet from the property lines of the development and a planting strip of trees and shrubs, as defined, of at least 50 feet wide shall be provided along all property lines at the periphery of the development where necessary to protect the privacy of the neighboring residents.
(10)
No structure shall be within 50 feet of the right-of-way of access roads or of common parking areas.
(11)
No structure shall be erected within 30 feet of any other structure.
(12)
There shall be a minimum of 50 feet between any wall containing 10% percent or more of principal windows in living areas and any other such wall.
(13)
In order to promote good design of dwelling and structures, the review agency may vary the terms of these requirements, where necessary.
(14)
Each garden apartment or townhouse building should be provided with not less than the following space standards:
[Amended 2-4-1986 by Ord. No. 148]
(a)
Heights and area requirements.
[1]
Maximum height. The maximum height of an apartment house or townhouse building shall be 35 feet and not more than 2 1/2 stories or floors above ground level for human habitation. No accessory building shall exceed 20 feet in height.
[2]
Maximum building length. In no case shall a wall of any one apartment building exceed 160 feet in length or any townhouse building exceed 225 feet in length in not more than five residential units.
[3]
Minimum apartment size. No apartment shall be less than 700 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants. Apartments with two or three bedrooms shall be no less than 1,000 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants.
[4]
Floor use restrictions. Apartments shall be permitted only on any floor where the apartment floor is completely above grade at one exterior wall.
[5]
Bedroom restriction. Not more than three bedrooms shall be permitted in any one apartment.
[6]
Yards.
[a]
Front yards. There shall be a front yard not less than 40 feet in depth between any apartment house or townhouse building or accessory building wall and any public street. If said street is designated as an arterial or collector street, then the front yard depth shall not be less than 50 feet. Whenever a service entry to an apartment house faces a public street lying within 100 feet of the entry, there shall be a continuous vision-screening wall, fence or hedge not less than six feet in height between the public street and the apartment house.
[b]
Side and rear yards. There shall be side and rear yards not less than 30 feet in depth. Whenever a service entry to an apartment house faces a dwelling on an adjacent lot within 100 feet, there shall be a continuous vision-screening wall, fence or hedge, not less than six feet in height, between the adjacent dwelling lot and the apartment entry.
[c]
Inner courtyards. Whenever a two-story or two-and-one-half-story apartment house faces on a rectangular inner court, the minimum width and length of the court shall be 60 feet. When all apartment houses facing on a rectangular inner court are one story in height, the minimum width and length of the court shall be 40 feet. All such courts shall have a minimum of four openings permitting access from outside the building groups into the court. These openings shall be at least 10 feet in width between buildings and may be covered by a roof, but not by any other part of a building.
[d]
Outer courtyards. The minimum width of any outer court shall be 40 feet, and its depth shall not exceed its width.
[e]
Special conditions.
[i]
No building intended for human occupancy on any lot shall intrude into the area enclosed by the arc of a circle with a radius of 60 feet extending 45° on each side of a line perpendicular to the center of any window other than a bathroom, bedroom or kitchen window. If both buildings involved are one story in height, the radius of the circle may be reduced to 40 feet. This limitation shall not apply to any wall of the same or another building the plane of which intersects the plane of the wall in which the window is mounted at an exterior angle of 90° or more.
[ii]
No window of an apartment shall be so situated such that the projection of a line perpendicular to the wall within which said window is mounted from any point within the jambs of said window or within four feet outside the jambs of said window shall intersect the wall of the same or another apartment house within 40 feet.
[iii]
In no case shall the wall of an apartment house be less than 10 feet from the wall of the same or another apartment house measured along any line perpendicular to either wall.
[iv]
In no case shall the wall of any detached accessory building be less than 20 feet from the wall of any apartment house measured along any line perpendicular to either wall.
[v]
The front of any apartment shall not face the rear of any other apartment unless the distance between the apartments is at least 60 feet and the service entries are screened by a continuous wall or fence at least six feet high.
(15)
The following height and area requirements apply to high-rise apartments:
(a)
Distance between buildings.
[1]
Inner courtyards. Whenever one apartment building faces an inner court, the minimum width and length of the court shall be two times the height of the tallest building in the court group.
[2]
Outer courtyards. An outer courtyard is defined as one created by three or fewer unconnected buildings or the area created by projections or wings of a single or connected building. A minimum width of rectangular outer courts shall be equal to the height of the building and its depth shall not exceed 1/2 its width.
[3]
Special conditions. The walls of any two buildings or two walls of one building shall not be closer than the distance equal to two times the height of the taller building measured along any line drawn perpendicular to either wall when either or both walls contain one or more doors, windows or other openings and the walls are parallel or the planes of the walls intersect at less than 90°. Where the planes of such walls are extended and intersect in plane at an exterior angle of 90° or more, the distance between the two walls shall be not less than equal to the height of the taller building. Where two walls such as end walls or such walls with nonresidence window openings as elevator-stair towers shall face each other, the distance between those two walls shall be not less than 1/2 of the height of the taller building. Where buildings are joined or are continuous, although angled relative to one another, the interior angle shall always be equal to or greater than 90°.
[Amended 1-5-1998 by Ord. No. 221]
(b)
Building height.
[1]
Definition. Effective ground elevation shall first be determined by taking the average elevation above sea level of the ground level corners of the building. Heights of building then shall be determined by the difference in elevation of the finished roof parapet line (not including air conditioning or utility superstructures) and the effective ground elevation.
[2]
Maximum height. No building shall exceed the height of 135 feet or 12 stories (exclusive of basements), whichever is greater.
[3]
Minimum height. The minimum height of a high-rise apartment shall be 40 feet and not less than four stories. No accessory building shall exceed 25 feet in height.
(c)
Access.
[1]
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the apartment, without undue congestion to or interference with normal traffic flow. The Township Council shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the apartment complex. All accessways to a street shall be at least 40 feet in paved width and shall not be located within 200 feet of any other public access on the street or highway. No access road shall be less than 26 feet in paved width. All walkways shall be paved with an all-weather surface and not be less than four feet in width.
(16)
Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible.
(17)
Each single-family residence with an accessory apartment shall be provided with the following space standards:
[Added 2-4-1997 by Ord. No. 209]
(a)
Area requirements.
[1]
The accessory apartment shall contain a minimum of 600 square feet and a maximum of 1,000 square feet.
[2]
The accessory apartment shall contain a maximum of two bedrooms.
[3]
Yards.
[a]
Front yard. There shall be a front yard not less than 40 feet in depth between any single-family residence with an accessory apartment and any street.
[b]
Side yards. The minimum side yard shall be not less than 15 feet in depth and the aggregate of the side yards shall not be less than 40 feet in depth.
[c]
Rear yard. There shall be a rear yard not less than 25 feet in depth.
D.
Nonresidential uses.
(1)
Shopping areas within the planned residential development shall be located so as not to interfere with the residential character of nearby dwelling units. Parking and loading places must be carefully screened from view of adjacent residential development.
(2)
All commercial uses shall be located in a single area of the planned residential development.
(3)
Commercial and other such nonresidential uses are limited in total extent as follows:
(a)
No more than 2,400 square feet for every 100 dwelling units may be devoted to commercial areas.
(b)
No one single commercial area shall have a total of more than 2,400 square feet of floor area.
(c)
One parking space shall be provided for every 400 square feet of commercial floor area.
(d)
No commercial use shall be included except those in the C-1 Local Commercial District.
(4)
Commercial uses otherwise permitted in a development shall be in a separate commercial building and not in a residence. Any commercial structure shall be of an architectural design compatible with that of the adjacent residential structures.
(5)
Signs for commercial uses are permitted subject to the following restrictions:
(a)
A single, permanently installed, freestanding sign for the commercial center is permitted. Such signs shall be limited to a height of 15 feet with a total area of 30 square feet.
(b)
Signs for individual uses shall be permitted on the structure. Roof signs or freestanding signs for individual uses are prohibited. Such signs shall be limited to the width of the store and shall be no more than 12 square feet in area and shall be mounted flush on the structure. Signs should be of similar design.
(c)
Signs may be illuminated by shielded floodlights, provided that such lighting is designed and located so as to direct light away from adjacent residences.
(d)
No sign shall have a flashing, moving, rotating, oscillating, shuttered or similar device.
(6)
Community recreational areas, such as swimming pools and outdoor skating rinks, shall be located so as not to interfere with the residential character of adjacent dwelling units and shall conform with Township ordinances and regulations.
E.
Utilities.
(1)
All streets, off-street parking areas and areas of high pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences. Adequate lighting shall be provided after dark. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and signs. Such lighting shall be designed and located so as to direct light away from adjacent residences.
(2)
The requirements for lighting may be waived by the Township Council, where density of development may not justify its use.
(3)
Electric, telephone and all other utility facilities shall be installed underground by the subdivider unless, in the opinion of the Township Council, special conditions require otherwise. In such event, such installations shall be as directed by the Township Council.
(4)
Where telephone and electric service lines are placed underground, conduits or cables shall be placed within easement or dedicated public ways in a manner which will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.
(5)
Easements shall be provided to account for the distribution of unit substations to service the area. The design of the utility structures should be architecturally compatible with the surrounding structures.
(6)
The storm sewage for a planned residential development shall be designed and constructed subject to the determinations of the site analysis of the natural features and so as to minimize erosions, flooding and runoff, using, as necessary, drainage easements, swales, catchment basins, silt traps and design of cartways so as to minimize runoff. Design is to be based upon an anticipated 2.5 inches per hour rainfall, with one-hundred-percent runoff.
(8)
In the design of drainage facilities, special consideration shall be given to problems that may arise from concentration of stormwater runoff over adjacent properties and roads.
(9)
Storm sewer, as required, shall be placed in back of the curb when located in a street or right-of-way. When located in undedicated land, they shall be placed within an easement not less than 20 feet wide, as approved by the Township. Open ditches shall be limited in length as required.
(10)
In some cases, stormwater must travel in original stream beds or in open channels. Concreted or riprapped channels shall be required. Open channels, whether concreted or not, shall generally be straightened, widened or otherwise adjusted to conform to hydraulic requirements.
(11)
Storm sewers shall have a minimum diameter of 18 inches and a minimum grade of 0.5%. Changes in alignment shall be by straight sections connected by inlets or manholes.
(12)
Where storm sewer passes between houses, sufficient width shall be allowed between houses to accommodate said sewer. The ground shall drain in the same direction as the sewer. No pockets or craters shall be left in the road or on the ground.
(13)
Manholes shall be not more than 300 feet apart on sizes up to 24 inches and not more than 450 feet apart on greater sizes. Inlets may be substituted for manholes on approval by the Township.
(14)
Inlets and manhole covers and frames shall conform to Township standards. At street intersections, inlets shall be placed in the tangent and not in the curved portion of the curbing. Inlets shall generally be Pennsylvania Standard Combination Special Inlets. They shall be located at intersections and, as needed, between intersections. Inlets shall be required when the design flow in any gutter exceeds seven cubic feet per second. They shall be designed to deliver a rainfall intensity of 2 1/2 inches per hour with one-hundred-percent runoff. The upstream end of the inlet shall be recessed by 10 inches and shall be depressed to show eight inches or more of curb face instead of six inches as shown elsewhere. Inlets shall be so placed in an intersection that rainwater shall not have to cross any road before entering.
(15)
Bridges and culverts shall have ample water way to carry expected flows. Culverts shall be provided with wing walls and constructed for the full width of the right-of-way. Bridges shall be provided with a paved flow line and with deep aprons and wing walls at each end. Bridges shall be constructed no narrower than the cartway of the road they serve; and, in addition, sidewalks on both sides shall be required.
(16)
Land subject to flooding.
(a)
Land subject to flooding or other hazards to life, health or property and land deemed to be topographically unsuitable shall not be platted for residential or institutional occupancy or for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard.
(b)
Such land within the subdivision shall be set aside on the plat for uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.
(c)
Where flooding is known to have occurred within an area shown on the plat, such area shall be clearly marked "subject to periodic flooding" and shall not be platted in streets and lots.
(17)
Planned residential development shall be provided with water supply systems through one of the following methods:
(a)
Connection to a public water system is required where a public water system is accessible to the planned residential development site, the word "accessible" being defined here and elsewhere in this subsection as "within 500 yards." Where the public water system is not yet accessible to the site, but is planned for extension to the area, the developer shall provide adequate facilities for future connection to the projected extension of the public system.
(b)
Provision by the developer of a central water supply system serving the entire development where a public water system is not accessible to the site. Central water supply systems shall be designed and constructed in a manner that will permit adequate connection with the public water system when the public water system becomes accessible to the site. The design and construction of such a central water supply system shall also conform to the current applicable standards of the municipal water authority, the State Department of Environmental Protection and, where applicable, the Pennsylvania Utilities Commission and Delaware River Basin Commission.
(c)
If 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, applicants shall present evidence to the Township Council or the Planning Commission, as the case may be, that the proposed development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the 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.
[Amended 1-5-1998 by Ord. No. 221]
(18)
Planned residential developments shall be provided with sanitary sewer systems through the following method:
(a)
Connection to a public sewer system is required.
(19)
Refuse stations to serve residential, recreational or commercial areas shall be verminproof and shall be designed with suitable screening and located so as to be convenient for trash removal and not offensive to nearby residential area.
F.
Streets.
(1)
The street system of the planned residential development shall be designed so as to:
(a)
Create a separation of automobile and pedestrian circulation through a hierarchy of roadway functions and design and pedestrian walkways.
(b)
Relate harmoniously with land uses within and adjacent to the PRD.
(c)
Create efficient and safer connections with the existing road systems of the municipality in order to ensure proper ingress and egress to and from the PRD.
(d)
Minimize through traffic in residential areas.
(2)
Location and arrangement of streets.
(a)
The arrangement, character, extent, width, grade and location of all streets shall conform to the Official Map of Concord Township as adopted or amended and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets.
(b)
Where such is not shown in the Official Map, the arrangement of streets in the development shall either provide for the continuation or appropriate projection of existing principal streets in surrounding areas or conform to a plan for the neighborhood approved or adopted by the Township Council to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.
(c)
Local streets shall be so laid out that their use by through traffic will be discouraged.
(d)
To facilitate snow removal and to permit easy access for fire-fighting equipment and delivery trucks, dead-end streets (culs-de-sac), designed to be so permanently, shall be provided at the closed end with a turnaround having an outside cartway radius of at least 40 feet and a right-of-way line radius of at least 50 feet. Such streets shall be not longer than 600 feet, measured from its intersecting center line to the center of the turnaround except where topographical or other conditions make this limitation impracticable as determined by the Township Council.
(e)
Collector streets shall have sidewalks. Secondary streets shall have sidewalks as deemed necessary by the Township Council.
(3)
Access to streets.
(a)
Where a development abuts or contains a present or proposed arterial or collector street, the Township Council shall require reverse frontage with screen planting contained in a nonaccess easement along the rear property line, marginal access street or such other treatment as may be necessary for adequate protection of residential properties and other abutting properties and to afford separation of through and local traffic.
(b)
Reserve strips controlling access to streets shall be prohibited except where control thereof is vested in the Township under conditions approved by the Township Council. When the development adjoins unsubdivided acreage, new streets shall be provided through to the boundary lines of the development with temporary easements for turnaround.
(4)
Street intersections.
(a)
Street jogs with center-line offsets of less than 150 feet shall be avoided.
(b)
Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 60°.
(c)
Right-of-way lines at street intersections shall be rounded with a radius of 35 feet or of a greater radius where the Township Council may permit comparable cutoffs or chords in place of rounded corners.
[Amended 1-5-1998 by Ord. No. 221]
(d)
To the fullest extent possible, intersections with major traffic streets shall not be located less than 800 feet apart, measured from center line to center line.
(e)
Multiple intersections involving the junction of more than two streets shall be avoided, and where such avoidance is impossible, such intersections shall be designed with extreme care for both vehicular and pedestrian safety.
(f)
Grades at intersections shall be in conformance with § 210-74F(7)(c) following.
[Amended 3-5-1991 by Ord. No. 177]
(g)
Proper sight lines shall be maintained at all intersections of streets. There shall be a clear sight triangle measuring 75 feet along the intersecting street lines from the point of intersection indicated on the plan that is maintained free and clear of shrubs, structures, signs and other visual obstructions.
(h)
The intersection should be designed and graded to allow for proper drainage.
(5)
Street widths and building setback lines.
(a)
Street right-of-way and cartway widths shall be as determined by resolution by the Township Council. Streets serving an apartment site and grounds, where not required for use as fire lanes, may have a minimum right-of-way width of 25 feet and a minimum cartway width of 18 feet and shall have a durable and well-drained surface. The location of such streets is subject to the approval of the Township Council.
(b)
Additional rights-of-way and cartway widths than those specified by the Township Council in order to lessen traffic congestion, to secure safety from fire, panic and other dangers, to facilitate the adequate provision for transportation and other public requirements or to promote the general welfare shall be as follows:
[Amended 1-5-1998 by Ord. No. 221]
Street Type | Cartway Width |
|---|---|
Collector street | 24 feet (excluding shoulder development as paved bicycle trail) |
Secondary-residential street | 22 feet (excluding shoulder development as paved bicycle trail) |
Drive | 20 feet |
Shared driveway | 16 feet |
Double driveway | 16 feet |
Single driveway | 10 feet |
(6)
Street alignment.
(a)
Except for secondary-residential streets, there shall be a tangent of at least 100 feet measured at the center line between curves.
(b)
The minimum radius at the center line for curves on collector streets shall be 300 feet, and for secondary-residential streets it shall be 150 feet. Proper superelevation shall be provided for curves less than 600 feet in radius on collector streets.
(7)
Street grades.
(a)
Street grades shall not exceed the following:
Street Type | Percent Grade |
|---|---|
Collector | 6% |
Secondary-residential | 10% |
(b)
Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of grade change and to provide the following minimum lengths of curves:
(c)
Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having a minimum length of 50 feet measured back from the street line within which no grade shall exceed a maximum of 5%. Furthermore, the maximum grade within an intersection shall not exceed 1%.
(d)
No street grade shall be less than 0.5%.
(e)
All streets shall be graded to the full width of the right-of-way. Maximum side slopes within the right-of-way shall not exceed 1 1/2 feet horizontal to one vertical (1.5 to 1) and shall be adequately stabilized with appropriate plant materials.
(8)
Street names.
(a)
No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Township Council.
(9)
Street signs and lighting.
(a)
Street name signs conforming to Township specifications shall be erected and painted in accordance with said specifications at all street intersections or junctions in all developments at the expense of the developer.
(b)
The developer shall install or cause to be installed at the developer's expense such streetlighting facilities as may be deemed adequate and as may be prescribed at the time the development plan is approved, and the developer shall pay the cost of operating said streetlights until such time as the street or streets upon which said lights are installed shall be accepted by resolution of the Township Council and consented to by the Court of Quarter Sessions, as part of the public road system of the Township, or until the Township Council condemns such street or streets for use as a public street.
(10)
Easements.
(a)
Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least 20 feet wide.
(b)
Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
(c)
The area occupied by required easement shall be provided in addition to the required net lot area specified herein.
G.
Parking.
(1)
Each dwelling unit must have space to park two automobiles off the street. Spaces must be 10 feet by 20 feet and, in parking areas, aisles 22 feet wide.
(2)
There shall be 300 square feet of off-street parking space, in 10 feet by 20 feet spaces, for each 100 square feet of commercial space exclusive of storage areas. In addition, paved truck loading areas shall be provided such that all loading, unloading and maneuvering can be accommodated within these areas.
(3)
Parking areas shall be screened from adjacent structures, access roads and traffic arteries by hedges, dense planting, earth berms, changes in grade or walls. All parking areas shall be a minimum of 50 feet from all structures, access roads and traffic arterials.
(4)
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
(5)
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping.
(6)
No more than 60 parking spaces shall be accommodated in any single parking area.
(7)
Off-street parking or loading areas shall be surfaced with a pervious asphaltic pavement, if the Township Engineer finds that the soil will permit a pervious pavement. Otherwise, an impervious pavement shall be laid.
H.
Open space.
(1)
The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving and enhancing natural features.
(2)
Areas set aside for open space shall be suitable for the designated purpose and in any event shall be consistent with the plan policy for future land use in the Township. Any such area shall contain no structure other than a structure related to the purposes of open spaces.
I.
Fire lanes and hydrants.
(1)
No dwelling unit or part of a unit shall be located more than 150 feet from a duly improved and accessible fire lane, as defined below, nor more than 600 feet from a private or public street or a fire hydrant. All fire hydrants and fire lanes shall be subject to the approval of the Township Fire Marshal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Fire lanes shall have a minimum unobstructed right-of-way width of 40 feet; and there shall be constructed within this right-of-way an all-weather and well-drained surfaced cartway with a minimum width of 28 feet. Rolled gutters or upright curbs may be required by the Township Council. The extension of fire lanes shall begin from one or more private or public streets.
(3)
Dead-end fire lanes shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum right-of-way radius of 50 feet and shall have a minimum surfaced radius of 40 feet. Dead-end fire lanes shall have a maximum length of 400 feet.
(4)
The location of fire lanes shall conform to plans for the extension of streets, sanitary sewers, water mains, storm sewer and other drainage facilities and public utilities as contained in this chapter and other ordinances of the Township of Concord and shall provide adequate access to buildings by firemen and other emergency services.
(5)
Fire hydrants must be provided by the developer. The number, type and location of fire hydrants and the size and rate of flow of feeder lines shall be subject to the approval of the Township Fire Marshal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
No certificate of occupancy shall be issued until fire lanes are constructed and hydrants tested and approved by the Borough Fire Marshal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 210-75 Management of open space.
A.
There shall be provisions which ensure that the open space land shall continue as such and be properly maintained.
(1)
The developer shall either:
(a)
Dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication;
(b)
Retain ownership and responsibility for maintenance of such open space land; or
(c)
Provide for and establish one or more organizations for the ownership and maintenance of all common open space.
B.
If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:
(1)
The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
(2)
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
(3)
The organization shall be responsible for maintenance of and insurance and taxes on common open space.
(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.
(5)
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
(6)
Maintenance.
(a)
In the event that the organization established to own and maintain a common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development 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 and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development 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. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organizations or to the residents and owners of the planned residential development, who shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township 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 shall be subject to appeal to court in the same manner, and within the same time limitations, as is provided for zoning appeals by the Municipalities Planning Code, as amended.[1]
[Amended 1-5-1998 by Ord. No. 221]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a tax lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is subject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued, provided that such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessments or charges accruing prior to said foreclosure, but nothing herein shall be held to affect the right herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to such assessments or charges, with the intent that no such charges shall at any time be prior to lien or any mortgage or mortgages whatsoever on such property. 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 the Prothonotary of the county upon the properties affected by such lien within the planned residential development.
(7)
In accordance with Section 706 of Act 247,[2] the provisions of the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of common open space and 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 or regulation otherwise granted the Township by law. The development plan shall specify those of its provisions which shall run in favor of and be enforceable by residents of the planned residential development and, in addition, the manner in which such residents may modify or release such rights.
[2]
Editor's Note: See 53 P.S. § 10706.
C.
The Township will consider floodplain land as particularly suitable for dedication for public use for such purposes as walking and bridle paths. While the Township is open to the dedication of land involving historic sites and properties, it is also agreeable to the consideration of imaginative use of such historic site and/or property by the developer or by a homeowners' association.
§ 210-76 Development in stages.
A developer may construct a planned residential development in stages if the following criteria are met:
A.
The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required by this article.
B.
At least 15% of the dwelling units in the plan given tentative approval are included in the first stage.
C.
At least 33% of the dwelling units in any stage are rented or sold before any commercial development shown in that stage shall be completed.
D.
The second and subsequent stages 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 such stages contain less than 15% of the dwelling units receiving tentative approval.
E.
Gross residential density may be varied from stage to stage; provided, however, that final approval shall not be given to any stage if the gross residential density by type of dwelling of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelling unit allowed for the entire planned residential development in the tentatively approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding maximum gross residential densities, the developer may be required to grant an open space easement or covenant to the Township specifying the amount and, if necessary, the location of open space.
§ 210-77 Feasibility review.
A.
Prior to application for tentative approval, the findings of the natural features analysis and the community impact analysis of the site explained in § 210-74A(1) and B(1) will be presented to the Township Council. The review will not affect the application procedures of the applicant but is intended to thoroughly familiarize both the applicant and the review agency with the potential of the site for planned residential development.
B.
Materials illustrating the following information will be presented at the review.
(1)
A site map or maps at one inch equals 100 feet illustrating the hydrology, geology, soils, topography and vegetation of the site as explained in § 210-74B(2). The combined impact of the natural features upon the development potential of each specific area of the site will be clearly illustrated on the map.
(2)
Materials indicating the impact of the completed planned residential development upon public facilities, utilities and roadway systems. Projections as to the number of school children in the PRD and the vehicular traffic generated by the PRD shall be included. Where connection to public water supply and sewer systems is contemplated, projections as to the required water supply capacity and wastewater volumes generated by the PRD shall also be included.
§ 210-78 Application for tentative approval.
A.
The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Secretary. An initial deposit in the amount as set forth from time to time by resolution of the Township Council shall be paid upon filing of the application to be applied against such expenses, and additional deposits shall be made from time to time as requested by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township.
[Amended 1-5-1998 by Ord. No. 221]
B.
The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development in § 210-74, and where necessary the Township Council shall order such documentation to aid it in its review.
C.
Required documentation shall include but not be limited to documents illustrating the following:
(1)
The location and size of the area involved and adjoining areas; and the nature of the landowner's interest in the planned residential development.
(2)
The proposed use areas and the net residential and commercial density of each proposed land use.
(3)
The location, function, size, ownership and manner of maintenance of the common open space.
(4)
The use and the approximate height, bulk and location of buildings and other structures.
(5)
Information showing the feasibility of proposals for sanitary sewerage, stormwater disposition and adequate water supply.
(6)
Utility systems.
(7)
The substance of covenants, grant of easement or other restrictions to be imposed upon the use of land, buildings and structures, including proposed grants and/or easement for public utilities.
(8)
The provision for parking of vehicles and locations, rights-of-way and cartway widths of proposed streets and public ways.
(9)
In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.
(10)
The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.
D.
Application for tentative approval shall include but not be limited to the following documents:
(1)
Plans at one inch equals 200 feet of existing natural features of the land, including topography, vegetation, drainage and soils.
(2)
A site plan showing approximate locations of buildings, road and parking areas at one inch equals 100 feet.
(3)
A plan at one inch equals 100 feet delineating common open space indicating size, nature of facilities, structures, if any, and uses.
(4)
A plan at one inch equals 100 feet delineating approximate locations, street types, right-of-way and cartway widths.
(5)
Site plan illustrating phasing, including a time schedule for all on-site and off-site improvements to be dedicated for public use, which may be modified from time to time by the Township Council.
(6)
A plan illustrating connection to 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.
(7)
A plan illustrating the relation of the proposed planned residential development to the Township.
E.
Said application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the Township's Comprehensive Plan.
F.
One copy 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 study and recommendation as required by the Pennsylvania Municipalities Planning Code.[1] The Township Planning Commission and the Delaware County Planning Commission shall review and report upon the application to the Township Council within 30 days of such referral. One copy of the reports of the respective Planning Commissions shall be furnished to the landowner not less than five days before the appointed time of the public hearing provided for in § 210-79 of this article.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
The landowner, the Township Council, the Township Planning Commission and the Delaware County Planning Commission may consult informally concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by a Council member or member of the planning agencies shall be binding upon the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 210-79 Public hearings.
A.
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Township Council in the manner prescribed in this chapter for the enactment of an amendment. The President or, in his absence, the Acting Council President of the Township Council or its designated agency 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
A verbatim record of the hearing shall be caused to be made by the Township Council 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.
§ 210-80 The findings.
A.
The Township Council within 60 days following the conclusion of the public hearing provided for in this article shall, by official written communication to the landowner, either grant tentative approval of the development plan as submitted, grant tentative approval subject to specified conditions not included in the development plan as submitted or deny tentative approval to the development plan. Failure to so act within said period shall 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 Township Council, notify such Township Council of his refusal to accept all said conditions, in which case, the Township Council shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the Township Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
[Amended 1-5-1998 by Ord. No. 221]
B.
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(1)
Those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the municipality.
(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 purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(4)
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed residential development to the neighborhood in which it is proposed to be established.
(6)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
(7)
In the event that a development plan is granted tentative approval, with or without conditions, the Township Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and application for final approval shall not be less than three months and, in case of development over a period of years, the tine between applications for final approval of each part of a plan shall be not less than 12 months.
§ 210-81 Status of plan after tentative approval.
A.
The official written communication provided for in § 210-80 of this article shall be certified by the Township Secretary and shall be filed in his or her office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
[Amended 1-5-1998 by Ord. No. 221]
B.
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the 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 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 Council in writing, or in the event that 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 local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary of the Township.
§ 210-82 Application for final approval.
A.
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Township Council and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.
B.
The application for final approval shall consist of a plan or plans and accompanying documents, which shall show and shall include the following information:
(1)
The plan. The final plan shall be at a scale of one inch to 40 feet. The original drawing and all submitted prints thereof shall be made on sheets 24 inches by 36 inches. Where necessary to avoid sheets longer than the maximum size prescribed herein, final plans shall be drawn in two or more sections accompanied by a key diagram showing relative location of the sections. All plans shall be clear and legible white prints of an ink drawing and shall include the following information:
[Amended 1-5-1998 by Ord. No. 221]
(a)
Development name or identifying title.
(b)
Municipality in which the development is located.
(c)
North point, scale and date.
(d)
Name of record owner and developer.
(e)
Name and seal of the registered professional engineer 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 feet.
(g)
Property lines (if any) within the development.
(h)
Lot areas (if any) 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 storm sewer mains, inlets and manholes.
(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 setback line for each building.
(m)
Location and width of all private driveways.
(n)
Names proposed to be given to all streets.
(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 to scale of all buildings.
(s)
A key map showing the relationship of the property being developed 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 and adjoining properties within 1,000 feet of any part of the property. 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.
(t)
Total property area of the entire development tract and, in the case of development in sections, the size of the section for which plans are submitted.
(u)
All permanent monuments, streetlights and other lighting.
(v)
Finished contours at vertical intervals of five feet.
(w)
All existing watercourses, tree masses and other significant natural features and proposed plantings.
(2)
The documentation. The application for final approval shall also be accompanied by:
(a)
Copies of deed restrictions and/or easements, if any.
(b)
Information of water supply and sewage disposal, including copies of permits obtained under authority of statutes of the commonwealth.
(c)
An affidavit that the applicant is the owner of the land proposed to be developed.
(d)
Offers of dedication and covenants governing the reservation and maintenance of undedicated open space, provided that all such offers of dedication and covenants shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.
(e)
A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property to the effect that the development as shown on the application for final approval is made with his or their free consent and that it is desired to record the application and accompanying documents upon their approval.
(f)
Whenever a developer proposes to establish a street which is not offered for dedication and not required to be offered for dedication, he shall submit a copy of statements cosigned by the Township Solicitor that he has made an agreement on behalf of his heirs and assigns with the Township. Said agreement shall be subject to the Township Solicitor's approval and shall be recorded with the plan. Said agreement shall establish the conditions under which the streets may later be offered for dedication and stipulate, among other things, that:
[1]
The street shall be in a good state of repair as certified by the Township Engineer, or that the 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 Township specifications.
[2]
An offer to dedicate the street shall be made only for the street as a whole.
[3]
The method of assessing repair costs shall be as stipulated.
[4]
Agreement to offer the street for dedication by the owners of 60% of the lots shall be binding on owners of the remaining lots.
C.
In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this chapter and the official written communication of tentative approval, the Township shall, within 45 days of such filing, grant such development plan final approval.
[Amended 1-5-1998 by Ord. No. 221]
D.
In the event that the development plan as submitted contains variations from the development plan given tentative approval, the Township Council may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner, in writing, of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest.
[Amended 1-5-1998 by Ord. No. 221]
(2)
If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance.
(3)
In the event that the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.
(4)
Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this ordinance for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Township Council shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article.
E.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Township Council and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
§ 210-83 General requirements prerequisite to approval plans.
A.
Improvements or guaranty thereof. Before approving any development plan for recording, the Township Council shall either require that the necessary grading, paving and other street improvements as required in § 210-74F hereof all have been installed in strict accordance with the standards and specifications of the Township or that the Township be assured by means of proper contract and completion guaranty, as set forth in Subsection B hereof, that the improvements will subsequently be installed by the developer. Where the development plan has been approved and recorded, either after the specified improvements have been completed and approved by the Township Council or, if prior to completion, upon proper completion guaranty as aforesaid, purchasers and mortgagees of lots in the development with or without buildings thereon or on any of them shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set out in said plan or required as a condition precedent to the approval of the plan of development, and any failure to complete or properly complete said improvements shall not encumber any or all of the lots in the development.
B.
Agreement to complete improvements. In all cases where the necessary grading, paving and other street improvements required herein shall not have been installed in strict accordance with the standards and specifications of the Township, the developer shall enter into a written agreement with the Township in the manner and form approved by the Township Solicitor, wherein the developer shall agree, to the extent applicable:
(1)
To construct or cause to be constructed, at his own expense, all streets, bridges, culverts, curbs, gutters, sidewalks, crosswalks, water systems, drainage facilities, streetlighting facilities, street signs, monuments, sanitary sewerage, street shade trees and parks and other improvements shown on said development plan, all in strict accordance with standards and specifications of the Township and within the time specified in said agreement.
(2)
To make adequate provision with the Township Engineer for the inspection of the construction of the aforesaid improvements to assure compliance with Township standards and specifications.
(3)
To maintain at his own cost said streets, bridges, culverts, curbs, gutters, sidewalks, crosswalks, water systems, drainage facilities, streetlighting facilities, street signs, monuments, sanitary sewerage, street shade trees, parks and other improvements until the same are accepted or condemned by the Township for public use and for a period of two years thereafter to repair and reconstruct the same or any part of one of them when such repair or reconstruction shall be specified by the Township Council as necessary by reasons of faulty construction, workmanship or materials.
(4)
To pay all costs, charges or rates of the utility furnishing electric service for the streetlighting facilities installed by the developer until such time as the streets shown on the development plans shall have been accepted or condemned by the Township for public use and to indemnify and save harmless the Township from and against all suits, actions, claims and demands for electric service as aforesaid, or any part thereof, to the time that said streets shall be accepted or condemned as public streets in the manner hereinabove set forth.
(5)
To post contemporaneous with the execution of such agreement a bond, with corporate surety approved by the Township Council, in such amount not less than 110% of the cost of all improvements, and in a form approved by the Township Solicitor, for the use of the Township (or in lieu of a bond, cash or negotiable securities in escrow deposited in a bank approved by the Township Council pursuant to an escrow agreement in a form approved by the Township Solicitor), conditioned upon the developer's proper completion of the improvements as set forth in Subsection A hereof and the developer's maintenance and repair of the same for the period of 18 months following completion.
[Amended 1-5-1998 by Ord. No. 221]
(6)
At or before the acceptance or condemnation of the improvements by the Township for public use, to post a bond with corporate surety approved by the Township Council in an amount not less than 15% of the guaranty set by Subsection B(5) hereof and in a form approved by the Township Solicitor (or in lieu of a bond, cash or negotiable securities in escrow, deposit in a bank approved by the Township Council pursuant to an escrow agreement in a form approved by the Township Solicitor), conditioned upon the developer's repair or reconstruction of the improvements for the period of 18 months following the acceptance or condemnation of the same by the Township for public use where specified by the Township as necessary by reason of faulty construction, workmanship or materials.
[Amended 1-5-1998 by Ord. No. 221]
(7)
To reimburse the Township promptly for reasonable attorney's, engineers' and inspection fees and to obtain and pay for the easements and deeds of dedication and leases required above.
(8)
To file two copies of a final plan with the Township Council accurately showing the location of all buried utility lines, underground drains, spring heads, storm drainage lines and permanent development monuments, as a condition precedent to acceptance of the streets and other required improvements.
C.
Security for completion of improvements. In all cases where the necessary grading, paving and other street improvements required herein shall not have been installed in strict accordance with the standards and specifications of the Township, no development plan shall be approved unless and until a bond shall have been posted or escrow funds deposited as set forth in Subsection B(5) hereof, conditioned upon the developer's proper completion of the improvements, and his maintenance and repair thereof for the period of 18 months following completion. No improvements shall be accepted or condemned by the Township for public use unless and until a bond shall have been posted or escrow funds deposited as set forth in Subsection B(6) hereof, conditioned upon the developer's repair or construction of the improvements for the period of 18 months following the acceptance or condemnation of the same by the Township for the public use where specified by the Township as necessary by reason of faulty construction, workmanship or materials.
[Amended 1-5-1998 by Ord. No. 221]