Girard Township City Zoning Code
ARTICLE VI
Planned Residential Development
§ 200-59 Purpose.
The purpose of this article is to create residential development which is more creative and imaginative and which will foster more efficient, aesthetic and desirable use of open areas than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical use of land potential while providing a latitude in building design, building placement, amenities and community facilities of appropriate quality, oriented to the specific development site characterized by special features of topography, shape or size, and at the same time preserve the natural scenic qualities of the open spaces and of Girard Township.
§ 200-60 Applicability.
Planned residential developments (PRD) may be permitted by conditional use in Girard Township, subject to the restrictions, qualifications and requirements cited in this chapter, as enumerated herein below and consistent with Article VII of the Pennsylvania Municipalities Planning Code.[1] Provisions of this chapter and Chapter 174, Subdivision and Land Development, concerned with dwelling type, bulk, density and open space shall not be applied when planned residential development proposals are approved, except when specifically indicated by the provisions contained in this chapter or within the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
§ 200-61 Ownership requirements.
A.
A minimum land area for a PRD shall be 25 contiguous acres. The applicant for a PRD plan approval shall evidence a full ownership interest in the land. The evidence shall either be legal title or an executed binding sales agreement.
B.
The project shall be in single, legal as well as equitable, ownership prior to approval of the final development plan.
§ 200-62 Availability of public services and access.
A.
In any instance where public or municipal sewer and water facilities are available and are capable of being extended to the development site, the developer shall connect the project to such facilities. If the cost of the connector facility or line is more than the cost for the installation of an interim treatment facility, the developer shall not be required to connect to the municipal system.
B.
Central water service shall be supplied to each structure to be erected in the development subject to the above-mentioned rules and regulations, as well as any other requirements of the federal or state government. A fire hydrant shall be provided within 500 feet of each structure.
C.
The developer shall provide within the planned development a storm drainage system which shall be of sufficient size and design to collect, carry off and dispose of all predicable surface water runoff within the development and shall be so constructed as to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the Township of Girard. The adequacy of said facilities shall be determined by the Township Engineer.
D.
All PRD developments shall be regulated to the local and regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission, Board of Supervisors, the Township Engineer and appropriate officials of the Pennsylvania Department of Transportation that traffic circulation will not be adversely influenced, that additional traffic hazards will not be created and that public and private road systems are adequate in terms of traffic volume capacity and construction type to accommodate the projected PRD generated traffic. Street construction in PRDs shall conform to all street and roads standards of Chapter 174, Subdivision and Land Development.
§ 200-63 Administration.
The planned residential development provisions of this chapter shall first be administered by the Girard Township Planning Commission which shall review all applications on the basis of specified standards, conditions, regulations and procedures and shall make recommendations to the Board of Supervisors which shall conduct public hearings and have final authority to approve, modify or disapprove development plans.
§ 200-64 Standards and requirements.
A.
Density.
(1)
Residential density shall not exceed four units per gross acre of land within the development. If less than 30% of the gross acres are considered buildable acres, the density shall be reduced to three units per acre.
(2)
The Township reserves the right to reduce density levels in any proposed PRD if it determines that:
(a)
There is inconvenient or inadequate vehicular access to the development;
(b)
Traffic congestion resulting in level of service ratings of D, E or F, as determined by PennDOT criteria, or a decrease of two or greater level ratings, or similar conditions as determined by a traffic analysis on adjoining streets will be generated;
(c)
An excessive burden will be placed upon the ability of responsible public agencies to provide needed public facilities to serve the proposed development.
B.
Lot and structure requirements.
(1)
Lot size. There shall be no minimum lot size or lot width. However, every single-family dwelling shall have access to a public street, court, walk or other area dedicated to public use. No structure or group of structures shall be erected within 20 feet of any other structure or group of structures.
(2)
Setback. All structures on the perimeter of the development must be set back 100 feet from property boundaries and 100 feet from existing road center lines.
(3)
Height: consistent with zoning district.
(4)
Location of structures. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.
(5)
It shall be the responsibility of the developer and the Board of Supervisors, after receiving recommendations from the Planning Commission, to take into consideration the health, safety and welfare of the residents when determining the building location, length, width and height of the proposed buildings.
(6)
Lot coverage shall be consistent with the zoning district in which the PRD is located and shall be based upon the entire PRD.
C.
Open space.
(1)
Area limitations for various uses. Within the PRD, the following percentages of the total gross land area shall be devoted to specified uses as indicated herewith:
(a)
A maximum of 50% of gross acreage for residential use. Land devoted to residential use shall be deemed to include those streets, alleys, parking areas, private open spaces and courts, which abut and service primarily residences or groups of residences. A maximum of 10% of this 50% may be used for accessory retail, dining and service facilities and parking associated with these uses;
(b)
A minimum 50% of gross acreage for open space uses. Open space shall not include space devoted to streets and parking.
(2)
Use.
(a)
Open space uses may be any combination or single use listed below:
(b)
Unless devoted to agriculture or forest uses, these areas must be owned by a land trust, government, homeowners' association, or similar responsible body to ensure maintenance or proper management in perpetuity. If devoted to agriculture or private forestry, means for appropriate permanent dedication or deed covenants to prevent its development shall be required prior to approval. Unless developed parklands for active recreation, no tract of open space shall be less than five contiguous acres.
(3)
Peripheral open space. Required setback areas from property lines and road rights-of-way shall be maintained as permanent peripheral open space. This space shall surround the entire PRD. It may be owned by a single party, land trust, government, homeowners' association, or individual homeowners, provided that means are emplaced to ensure this peripheral area remains undeveloped or utilized for agriculture/forest use in perpetuity. If the lands are to be developed as parklands or golf courses, the developer shall submit a plan for a homeowners' association or similar management structure to assure maintenance in perpetuity. Unless devoted to agriculture, or containing natural vegetation of suitable size, this peripheral open space shall be planted with a buffer yard which shall meet minimum standards as contained in § 200-58A(1) of this chapter. The Township may require buffering between agricultural areas and other uses within the PRD.
(4)
A PRD shall be approved subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of such open spaces, recreational areas and communally owned facilities. No such instrument shall be acceptable until approved by the Township Solicitor as to legal form and effect, and the Board of Supervisors as to suitability for the proposed use of the open areas.
(5)
In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces to be used for general recreation, the landowner shall provide for an organization or trust for ownership and maintenance.
(6)
If the common open space is deeded to a homeowners' association or a nonprofit corporation established on a membership basis, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. If there is a homeowners' association under the Unit Property Act,[1] the developer must file a declaration of rule and regulations. The provisions shall include, but not be limited to, the following:
(a)
The homeowners' association or nonprofit corporation must be set up before the homes are sold;
(b)
Membership must be mandatory for each home buyer and any successive owner;
(c)
The open space restrictions must be permanent, not just for a period of years;
(d)
The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;
(e)
Homeowners must pay their pro-rata share of the cost. The assessment levied by the association can become a lien on the property.
(f)
The association must be able to adjust the assessment to meet changed needs.
[1]
Editor's Note: The Unit Property Act was repealed by 1980, July 2, P.L. 286, No. 82, § 2. For current provisions see the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
(7)
The Township may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, and the Township may, but need not, require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use.
(8)
Maintenance by Township.
(a)
In the event that the organization established to own and maintain common space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the PRD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within said 30 days or an extension thereof, the Township, in order to preserve the taxable values of the properties within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year.
(b)
Said maintenance by the Township shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the PRD, to be held by the Township Supervisors, at which hearing such organization of the residents of the PRD shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township Supervisors shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township Supervisors shall determine that such organization is not ready and able to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Township Supervisors shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code Act 247 of 1968, as amended.
(c)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County, upon the properties affected by the lien within the PRD.
D.
Permitted uses:
(2)
Accessory retail dining and service facilities may be permitted by specific approval of the Board of Supervisors, provided that such uses are primarily for the service and convenience of the residents of the PRD. At least 80% of the total planned dwelling units of the total project must be physically constructed prior to any nonresidential use construction.
(3)
Personal care homes and nursing homes, as an accessory to provide a continuum of care in PRDs exclusively for the residence of persons over the age of 55.
(4)
No PRD shall be approved unless it is consistent with the purposes of the regulations as stated in the purpose of this article. Each PRD shall be planned as an entity, and such planning shall include a unity site plan, consideration of land uses and usable open spaces, site-related vehicular and pedestrian circulation systems, and preservation of significant natural features. The plan may consider a multiplicity of housing types.
E.
Parking. Parking shall be provided as follows:
(1)
There shall be a minimum of two off-street parking spaces for each dwelling unit. Said spaces shall be situated within 200 feet of the dwelling units served.
(2)
Parking areas shall be designed to minimize excessive numbers of vehicles in any one area. Continuous rows of more than 10 vehicles shall be interrupted with appropriate landscaping.
F.
Circulation.
(1)
Vehicular access within the PRD shall be designed to permit smooth traffic flow with minimum hazard to vehicular or pedestrian traffic. All internal streets shall be oriented and designed in a manner which will discourage use by through traffic.
(2)
A pedestrian and bicycle circulation system shall be established to serve all elements within the development. The pedestrian and bicycle circulation system shall be reasonably segregated from vehicular traffic to provide separation of vehicular and pedestrian movement.
G.
Landscaping.
(1)
A general landscaping plan shall be required at the time of the original submission to be followed by a detailed landscaping plan prior to final approvals. The detailed plan shall show the spacing, sizes and specific types of landscaping materials.
(2)
Existing trees shall be preserved whenever possible. The location of trees shall be considered when planning the site elements such as open spaces, building location, walks, paved areas, playgrounds, parking, circulation systems and finished grade levels.
(3)
A grading plan and an erosion and sedimentation plan shall be provided prior to any construction or site development activity which will confine excavation, earth moving procedures, and other changes to the landscape in order to ensure preservation and prevent despoliation of the character of the project site.
(4)
All manufactured slopes shall be planted or protected from erosion and shall be of a character to blend with surrounding terrain.
(5)
Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be established in a manner which will protect residential character within the PRD District and in any adjoining district.
(6)
Within a PRD all utilities, including telephone, television cable and electrical systems, shall be installed underground; provided, however, appurtenances to these systems which require on-grade installation must be effectively screened.
H.
Signs.
(1)
All sign internal installations and lighting of signs shall meet the standards for signs established for residential districts by this chapter.
(2)
Plans shall indicate the location, size and character of any sign within the PRD intended to be seen from public ways outside the district.
(3)
No more than two sign surfaces, each with surface area not exceeding 20 square feet, shall be permitted at any principal entrance to the district.
I.
Waste disposal. Adequate provision shall be provided for garbage and trash removal.
§ 200-65 Review process for approval.
The developer shall obtain required approvals for PRDs by following a four-step review process, which shall consist of an initial submission, a preliminary development plan, public hearings and approvals, and a final development plan. The Planning Commission shall review the initial submission and preliminary development plan and make recommendations to the Board of Supervisors which shall hold public hearings and make a decision on the final development plan.
A.
Initial submission.
(1)
Each applicant shall confer with the Girard Township Planning Commission at a scheduled monthly meeting.
(2)
A written statement of planning objectives to be achieved by the applicant shall be included for discussion. The statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. Every application shall be based on and interpreted in relation to the community development goals and objectives and Comprehensive Plan for Girard Township.
(3)
No formal requirement for plan or material submission is established for the initial submission. However, the higher the level of data the developer presents, such as sketch plans, land use concepts, density ranges proposed, ancillary use proposals, site information, existing perimeter conditions, access considerations and utility needs, the more direction he will receive for guidance in preparing an acceptable plan for local approval.
(4)
No development plans shall be considered for formal Planning Commission review until the initial submission has been made.
B.
Preliminary development plan (application for tentative approval). A preliminary development plan shall be presented in sufficient detail to provide the Township Planning Commission with a major substantive review of the proposed PRD. This step of approval process shall be initiated by, or on behalf of, the developer, through the submission of a formal application for tentative approval of a PRD to the Township Planning Commission. The application shall be submitted no later than 14 days prior to the regular monthly meeting of the Planning Commission at which the development plan is to be considered. The following documentation shall be submitted in support of the application:
(1)
Written documents:
(a)
The title under which the subdivision or land development is to be recorded;
(b)
A legal description of the total site proposed for development, including a statement of present and proposed ownership, present and proposed zoning, and the names and addresses of all owners of adjacent property;
(c)
A statement of planning objectives as detailed under § 200-65A(2).
(d)
A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PRD, such as land areas, dwelling units, etc.;
(e)
Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space, including a separate figure for usable open space; total amount of nonresidential construction; including a separate figure for commercial or institutional facilities; economic feasibility studies or market analysis where necessary; and other studies as may be designated by the Planning Commission;
(f)
The name and address of the owner of the subdivision or land development, or of his agent, if any, and of the subdivider or developer;
(g)
The name and address of the engineer or surveyor, together with his registration number and seal attached.
(2)
Site plan and supporting maps. A site plan at a scale no smaller than one inch equals 100 feet (except where total size of PRD dictates a smaller scale) and any maps necessary to show the major details of the proposed PRD shall contain the following minimum information:
(a)
The existing site conditions, including contours at a minimum interval of two feet up to ten-percent slope and a minimum interval of five feet for over ten-percent slope, watercourse, floodplains, unique natural features, and forest cover and other natural vegetation considered significant by the Planning Commission and the Township Engineer.
(b)
Proposed lot lines and plot designs. The plot and property lines of the proposed plan to include their courses and distances and the interior angles of their intersections with the boundary lines of adjacent property.
(c)
The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units by code, density per type, and nonresidential structures, including commercial facilities. All structures shall be distinguished and identified on the plan by code. Preliminary evaluations and/or architectural renderings of typical structures and improvements shall be provided. Such drawings shall be sufficient to relay the basic architectural intent of the proposed improvements but should not be encumbered with final detail at this stage.
(d)
The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic uses. The form of organization proposed to own and maintain the common open space.
(e)
The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. Detailed engineering drawings of cross sections and street standards shall be handled in the final development plan stage.
(f)
The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, including proposed treatments of points of conflict.
(g)
The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines. If on-lot sewage disposal (septic tank) is to be utilized in the development, the developer shall submit soil percolation tests certified by the Municipal Sewage Enforcement Officer or by the Department of Environmental Protection of the Commonwealth of Pennsylvania or its successor, conducted in accordance with the provisions of the Pennsylvania Sewage Facilities Act, rules and regulations. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the plan, the developer shall present evidence to the Planning Commission that the plan is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Public Utility Commission, or an application for such certificate, a cooperative agreement, or a commitment for agreement to serve the plan, whichever is appropriate, shall be acceptable evidence.
(h)
A general landscape plan indicating the treatment of materials used for private and common open space. The landscape plan should be in general schematic form at this stage. A grading plan is not required at this stage.
(i)
Enough information on land areas adjacent to the proposed PRD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape.
(j)
The proposed treatment of the perimeter of the PRD, including materials and techniques used, such as screens, fences and walls.
(k)
The substance of any covenants, grants, easements or other restrictions to be imposed upon the use of lands or buildings in the development.
(l)
Any additional information as required by the Planning Commission necessary to evaluate the character and impact of the proposed PRD.
(3)
Projected scheduling of phases. In the case of development plans which call for development over a period of years, a schedule shall be provided showing the proposed times within which applications for final approval of all sections of the PRD are intended to be filed. This schedule shall be reviewed annually with the Planning Commission by the developer on the anniversary of the tentative approval, until the development is completed and accepted. It shall be the obligation of the developer to request said reviews, in writing, within the thirty-day period prior to the anniversary date of the tentative approval. The time period between grant of tentative approval and application for final approval shall not be less than 90 days, and, in the case of developments to be carried out over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
C.
Public hearings and approvals.
(1)
Within 60 days following the regular monthly meeting of the Planning Commission, at which the application for tentative approval of a PRD is officially reviewed, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(2)
A verbatim record of the hearing shall be caused to be made by the governing body whenever such records are requested by any party to the proceedings; the cost of making and transcribing such a record shall be borne by the party requesting it, and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
(3)
The Board of Supervisors may continue the hearing from time to time; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(4)
Approval or disapproval.
(a)
The Girard Township Board of Supervisors, within 60 days following the conclusion of the public hearing, shall, by official written communication to the developer, either:
(b)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, the tentative approval is granted subject to conditions, the developer may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify such body of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the developer does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan with all said conditions shall stand as granted.
(c)
The Board of Supervisors in its official written communication to the developer, a copy of which shall be submitted to the Planning Commission, shall indicate not only its decision but also findings of fact resolving:
[1]
The extent to which the development plan is or is not consistent with the Girard Township Comprehensive Plan;
[2]
The extent to which the development plan departs from zoning and the subdivision regulations otherwise applicable to the subject property, and the reasons why such departures are or are not deemed to be in the public interest;
[3]
The purpose, location and amount of the common open space in the development plan and proposals for maintenance and conservation of the common open space;
[4]
The merits of the physical design, including the manner in which the design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic and furthers the amenities of light and air, recreation and visual enjoyment;
[5]
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established; and
[6]
The adequacy of the terms and conditions governing the development intended to protect the interests of the public and the residents of the PRD if such development is carried out over a period of years.
(d)
The Zoning Administrator of Girard Township shall certify two copies of the official written communication. One copy shall be retained by the Board of Supervisors and the other sent to the developer via certified mail.
(e)
Tentative approval of a development plan, whether conditional or unqualified, shall not qualify a plat of a PRD for recording nor authorize development or the issuance of any building or construction permits. Except for the terms specified by a tentative approval, a tentative approval shall not be modified or revoked nor otherwise impaired by action of the municipality pending the applications for final approval, provided that the applications for final approval are filed not later than 90 days after being granted tentative approval.
(f)
The approved tentative plan shall be submitted to the Erie County Planning Commission for review and comments.
(g)
In the event that the development plan is given tentative approval and thereafter, but prior to final approval, the developer shall elect to abandon said development plan and shall so notify the Secretary/Treasurer of Girard Township, in writing, or in the event the developer shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto.
D.
Final development plan. After the preliminary development plan is approved by the Planning Commission, the developer shall thereafter submit detailed plans for any part or section of the land for which he desires final approval. An application for final approval shall be submitted to the Zoning Administrator of Girard Township at least 14 days prior to the regular Planning Commission meeting at which the application is to be considered. The Planning Commission shall review the detailed plans to determine if they comply with this section and with the overall plan originally submitted by the developer and shall make recommendations to the Board of Supervisors. No zoning or building permit shall be issued until after approval by the Board of Supervisors of the detailed plans for the section in which the proposed development is located. Approval of any detailed plans shall lapse unless more than token construction is started in this section within one year. No legal or equitable conveyance of land or buildings within the development may be made until the developer has complied with all applicable ordinances.
(1)
The application shall contain, for the areas for which final approval is sought, all requirements of the proposed plan and the written report necessary to obtain tentative approval, and in addition:
(a)
Construction documents for the building of streets, sidewalks, parking areas, sanitary sewer lines, water lines, storm drainage systems, erosion and sedimentation control facilities and recreation;
(b)
Letters from the public suppliers of water and sewage disposal starting they will serve the development; or a letter from the Pennsylvania Department of Environmental Protection of the Commonwealth of Pennsylvania or its successors stating that the proposed sewage disposal system and/or water supply system to be provided by the developer meet the requirements of the Department and that the Department has approved said plans and specifications;
(c)
Certificate from either the Department of Environmental Protection of the Commonwealth of Pennsylvania or its successors or the Erie County Conservation District stating that the erosion and sedimentation control plan has been approved and that a permit has been issued for earthmoving activity by the Department;
(d)
A certified performance bond, improvement bond, or other security acceptable, to the benefit of the municipality in which the development is located, the amount of bond equal to 110% of the estimated cost for installation of all public improvements, such amount to be established by the engineer designing the facilities in cooperation with the Township Engineer. The Township Supervisors may require the posting of financial security to secure the structural integrity of any improvements consistent with standards authorized by the Pennsylvania Municipalities Planning Code.
(e)
Any covenants and rights of easement, in the form in which they will be filed as legal documents, affecting development; and
(f)
A written description indicating changes made in the tentative plan required to secure tentative approval.
(2)
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the official written communication of tentative approval, the Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval.
(3)
The final development plan shall be deemed in substantial compliance with the preliminary development plan, provided modification by the applicant does not involve a change of any of the following:
(a)
Violate any provision of this section.
(b)
Vary the lot area requirement by more than 10% of the amount specified on the approved preliminary development plan.
(c)
Increase the floor area proposed for nonresidential use by more than 10% of the area specified on the approved preliminary development plan.
(d)
Increase the total ground area covered by buildings by more than 5% of the amount specified on the approved preliminary development plan.
(4)
Minor changes in the location, siting, and height of buildings and structures may be authorized by the Board of Supervisors without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved and a positive recommendation is received from the Planning Commission. No change authorized by this subsection may cause any of the following:
(a)
A change in the use or character of the development.
(b)
An increase in overall coverage of structures.
(c)
An increase in the intensity of use.
(d)
An increase in the problems of traffic circulation and public utilities.
(e)
A reduction in approved open space.
(f)
A reduction of off-street parking and loading space.
(g)
A reduction in required pavement widths.
(5)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the developer, in writing, of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest.
(b)
If the developer wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days, if the time for applying for final approval shall have already passed at the time when the developer was advised that the development plan was not in substantial compliance. In the event the developer shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the developer, and the hearing shall be conducted in the manner prescribed in this section for public hearings on applications for tentative approval. Within 30 after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan, in cases arising under this subsection, shall be in the form and contain the findings required for an application for tentative approval.
(6)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed within 15 days after grant of final approval in the office of the Erie County Recorder of Deeds before any development shall take place in accordance therewith. Unless the development plan or part thereof is so recorded, no construction shall commence on the project site. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Each structure in the development will require a separate building permit. Not later than the date on which the finally approved plan is recorded, the developer shall post with the Township the certified performance bond required by Subsection D(1)(d) above.
(7)
In the event that a development plan, or a section thereof, is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event the developer shall fail to commence and carry out the planned development within the schedule projected and approved in the application for tentative approval, or such amendment as subsequently mutually agreed to by the developer and the Board of Supervisors, no development or further development shall take place on the property included in the development plan until the property or portion not yet developed is reclassified by enactment of an amendment to this chapter, placing it in an appropriate zoning district.
(8)
If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the Board of Supervisors. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved final development plan.
§ 200-66 Subdivision and resale.
A.
A PRD may be resold or leased, or subdivided for purposes of sale or lease, after final completion of all phases of the final development plan.
B.
If the subdivision of such planned development will create a new lot or plot line, the applicant shall apply to the Planning Commission for review of the subdivision. The Planning Commission shall submit a recommendation to the Board of Supervisors, which shall take action on the subdivision plan only if each section of the subdivided development meets all provisions of this chapter governing PRDs.
C.
All sections of a subdivided planned development shall be controlled by the final development plan.
§ 200-67 Enforcement and agreements.
A.
After general construction commences, the Girard Township Zoning Administrator shall review, at least once every six months, all building permits issued and compare them to the overall development-phasing program. If he determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he shall so notify the developer and the Board of Supervisors in writing. Thereafter, the Board of Supervisors may issue such orders to the developer as it sees fit, and, upon continued violation of this subsection, may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved.
B.
The Board of Supervisors shall require a performance bond be furnished and filed with the Zoning Administrator for private improvements. An escrow agreement and account approved by the Township Solicitor as to form and content shall be required in the amount of 125% of the estimated construction cost and engineering for each phase of development. These funds may be dispersed upon certification by the project engineer and by the Township acting through the Township Engineer. Said escrow shall accompany the request for final approval to ensure completion of all public site improvements, streets, parking areas, sewers, utilities, landscaping, plantings and screening.
C.
Before any building permit may be issued in the planned development, all agreements, contracts, deed restrictions and sureties shall be in a form acceptable to the Township, all sureties required shall be provided, and all payments due to the Township or its agents shall be made.
D.
Sureties regarding completion of development shall generally take the form of sureties by a corporate surety company licensed to do business in the Commonwealth of Pennsylvania, although in specific cases other forms of surety may be found to be acceptable to the Township.
E.
Sureties for continuing operation and maintenance of areas, facilities and functions not to be a responsibility of the Township and performed at general Township expense may take any form acceptable to the Township, but shall include agreement that if operation and maintenance of such areas, facilities and functions is not continued as set forth in the final plan and report, the Township may, in addition to other remedies, operate and maintain such areas, facilities and functions in the manner required in the final plan and report, with costs assessed ratably against properties within the development having right of use of such areas, facilities and services and such costs shall become a lien on said properties.
F.
In the event that a development plan, or a section thereof, is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved and shall so notify the Planning Commission in writing; or, in the event the developer shall fail to commence and carry out the PRD within such reasonable period of time as may be fixed by ordinance after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments.
G.
Any decision of the Board of Township Supervisors in granting or denying tentative or final approval of a planned residential development plan shall be subject to appeal to a court in the manner as provided for in the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 200-68 Fees.
As a prerequisite to issuance of final approval, the developer shall reimburse Girard Township for all expenses and disbursements incurred by it in connection with the application. This shall include, but not be limited to, fees and expenses of planners, professional engineers and/or registered surveyors, building inspectors, electrical engineers, traffic engineers, Township and community impact studies, legal expertise, and such professional services as shall be deemed necessary by the Girard Township Planning Commission and the Board of Supervisors.