Harborcreek Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Planned Residential Development
§ 490-67 Purpose.
The purpose of the PRD regulations is to create residential development which is more creative and imaginative and which will foster more efficient, aesthetic and desirable use of natural areas than is generally possible under conventional zoning district regulations 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, open spaces, and integrity of single-family residential neighborhoods within Harborcreek Township.
§ 490-68 Application of provisions.
PRD may be permitted in the R-1 Rural Residential, R-2 Medium Density Residential, and LF Lakefront Districts, subject to the restrictions, qualifications and requirements cited in this chapter, as enumerated herein below. Provisions of the Zoning Ordinance and Subdivision Ordinance[1] concerned with dwelling type, bulk, density and open space shall not be applied when PRD proposals are approved, except when specifically indicated by the provisions contained in this chapter.
§ 490-69 Ownership requirements.
[Amended 5-21-2025 by Ord. No. 2025-243-1]
A.
A minimum land area for a PRD shall be 20 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.
A minimum land area for a PRD within R3 Zoning District shall be 15 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.
C.
The project shall be in single, legal as well as equitable, ownership prior to approval of the final development plan.
§ 490-70 Availability of public services and access.
B.
The developer shall conform to all provisions relative to stormwater management as stated in § 405-31 of the Harborcreek Township Subdivision and Land Development Ordinance and Stormwater Management Ordinance.
C.
All PRD developments shall be regulated to the local and regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission, Township Board of Supervisors, 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 design and construction in PRDs shall conform to the Harborcreek Township Subdivision and Land Development Ordinance.
§ 490-71 Administration.
The planned residential development provisions of this article shall first be administered by the Harborcreek Township Planning Commission which shall review all applications on the basis of specified standards, conditions, regulations and procedures and shall make recommendations to the Township Board of Supervisors which shall conduct public hearings. The Township Board of Supervisors shall have final authority to approve, modify or disapprove development plans at their discretion as to what is best for Harborcreek community based on the provisions of the PRD section of the Zoning Ordinance and other issues affecting the health, safety, and welfare of citizens in or adjacent to the PRD.
§ 490-72 Standards and requirements.
[Amended 5-21-2025 by Ord. No. 2025-243-1]
A.
Residential density shall be consistent with the following standards, based upon the zoning district underlying the proposed PRD.
Zoning District | Type | Allowable Dwelling Units per Buildable Acre | Allowable Number of Dwelling Units per Building |
|---|---|---|---|
R-1 Rural Residential (minimum 20 acres) | Single-family, duplex, triplex, quadriplex, townhouse designs | One dwelling unit per each 40,000 square feet of buildable area | 4 |
R-2 Residential and LF Lakefront (minimum 20 acres) | Single-family, duplex, triplex, quadriplex, townhouse designs | 1 dwelling unit per each 20,000 square feet of buildable area | Up to 8 |
R-2 Residential (minimum 20 acres) | Single-family, duplex, triplex, quadriplex, and multi-story design (shall not exceed 3 stories) | 1 dwelling unit per each 4,000 square feet of buildable area | Up to 36 |
R-3 Residential (minimum 15 acres) | Single-family condiminium | None | None |
B.
Buildable area shall be determined by determining total acreage less all lands within the rights-of-way of planned or existing public streets or highways, or within the rights-of-way of existing or proposed overhead utility lines, all land in designated floodplains, and all land in designated wetlands or open water, and all land containing slopes greater than 15% (as determined by the USGS 1:24000 series of topographic maps).
C.
The Township further reserves the right to reduce density levels in any proposed PRD if it determines that:
(1)
There is inconvenient or inadequate vehicular access to the development;
(2)
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;
(3)
An excessive burden will be placed upon the ability of responsible public agencies to provide needed public facilities to serve the proposed development.
§ 490-73 Lot and structure requirements.
[Amended 5-21-2025 by Ord. No. 2025-243-1]
A.
Lot size. There shall be no minimum lot size or lot width. However, every dwelling unit 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 25 feet of any other structure or group of structures.
B.
Structures. No single-family dwelling shall be closer than 15 feet to another single-family dwelling within the R3 Residential Zoning District
C.
Setback. All structures on the perimeter of the development must be set back 100 feet from property boundaries, existing road centerlines and occupied single-family dwelling units adjacent to the PRD as follows:
Zoning District | Distance of structures from property lines or road centerlines | Distance of structures from an occupied single-family dwelling adjacent to the PRD | Distance of structures containing more than one dwelling unit from an occupied single-family dwelling adjacent to the PRD |
|---|---|---|---|
R-1 | 100 feet | 200 feet | 300 feet |
R-2 LF Lakefront | 50 feet | 100 feet | 200 feet |
R-2 (multi-story structure) | 50 feet | 200 feet | 500 feet |
R-3 single-family dwellings | 40 feet | 70 feet | None |
D.
Lot coverage shall be consistent with the zoning district in which the PRD is located and shall be based upon the entire PRD.
E.
Configuration of structures containing more than one dwelling unit. Buildings housing more than one dwelling unit may be of a single story configuration or of a townhouse configuration, or multi-story structure (where permitted) not exceeding three stories.
F.
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:
(1)
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 yard areas and courts which abut and service primarily residences or groups of residences.
(2)
A minimum of 50% of gross acreage for open space uses. Open space shall not include space devoted to streets and parking. Open space uses may be any combination or single use listed below:
(a)
Timber management and forestry.
(b)
Agriculture.
(c)
Equestrian activities by community residents.
(d)
Scenic areas and vistas.
(e)
Fishing, hunting, wildlife observation, and similar outdoor recreational pursuits.
(f)
Developed parklands.
(g)
Other open space uses, including innovative stormwater management, may be accepted by the Township if approved prior to submission of an alternative plan and such uses do not entail residential or commercial use.
G.
Unless within the R-1 District, all open space areas must be owned by a land trust, government, homeowners' association, or similar responsible body to ensure maintenance or proper management in perpetuity. Means for appropriate permanent dedication or deed covenants to prevent its development shall be required prior to approval. Unless developed parklands, playgrounds, or a central green surrounded by streets or lots, no tract of open space shall be less than five contiguous acres. Open space areas in R-1 may be privately owned if accompanied by a conservation easement to prevent further development.
H.
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 Township Board of Supervisors as to suitability for the proposed use of the open areas.
I.
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.
J.
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, the developer must file a declaration of rule and regulations. The provisions shall include, but not be limited to, the following:
(1)
The homeowners' association or nonprofit corporation must be set up before the homes are sold.
(2)
Membership must be mandatory for each homebuyer and any successive owner.
(3)
The open space restrictions must be permanent, not just for a period of years.
(4)
The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.
(5)
Homeowners must pay their pro rata share of the cost. The assessment levied by the association can become a lien on the property.
(6)
The association must be able to adjust the assessment to meet changed needs.
(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.
§ 490-74 Maintenance of open space 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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 Erie County, upon the properties affected by the lien within the PRD.
§ 490-75 Permitted uses.
A.
Land and buildings may be used for the following purposes:
(1)
Single-family (detached dwelling units).
(2)
Multifamily dwelling units of a duplex, triplex, quadriplex or townhouse design and configuration (pursuant to limitations upon dwelling units per building).
(3)
Multi-story structures shall be permitted in R-2 Zoning Districts in the PRD and shall not exceed three stories in height.
(4)
Schools, public and private, if state-accredited.
(5)
Churches and other places of worship.
(6)
Non-commercial community centers or recreation structures.
(7)
Licensed nursing homes or personal care homes, provided that all normal lot yard height and coverage standards, as well as any special conditions otherwise applicable for such structures under the Township Zoning Ordinance can be complied with. Such facilities shall not exceed a ratio of one bed per each dwelling unit.
(8)
Accessory retail dining and service facilities may be permitted by specific approval of the Township Board of Supervisors.
B.
At least 80% of the total planned dwelling units of the total project must be physically constructed prior to any nonresidential use construction.
C.
No PRD shall be approved unless it is consistent with the purposes of the regulations as stated in § 490-87 of this chapter. Each PRD shall be planned as an entity, and such planning shall include a unified 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.
§ 490-76 Circulation and parking.
[Amended 5-21-2025 by Ord. No. 2025-243-1]
A.
Vehicular access within the PRD shall be designed to permit smooth traffic flow with minimum hazard to vehicular or pedestrian traffic
C.
Parking for all uses or mixtures of uses shall conform to applicable sections of the Harborcreek Township Zoning Ordinance, Subdivision and Land Development Ordinance and public and private improvements code.
§ 490-77 Landscaping.
A.
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.
B.
Existing trees shall be preserved whenever possible. At least 50% of all trees of minimum size of 15 inches diameter at breast height (DBH) shall be preserved in the course of development. 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.
C.
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.
D.
All manufactured slopes shall be planted or protected from erosion and shall be of a character to blend with surrounding terrain.
E.
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.
F.
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.
G.
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.
H.
Waste disposal: Adequate provision shall be provided for garbage and trash removal.
§ 490-78 PRD plan submission and approval.
Planned residential developments shall be reviewed in three separate stages, if applicable: (1) conditional use; (2) tentative plan; and (3) final plan (phases if applicable). The previous phase must be approved before the next phase may be sought.
A.
Conditional use application submittal. Conditional use submission and approval must precede submission of a tentative plan. The conditional use approval stage is meant to approve a concept or sketch plan, without significant engineering or design costs on the part of the applicant. Conditional use approval will grant the applicant the right to submit a tentative plan that conforms to the concepts approved, especially with regards to the number and configuration of housing, and the amount and types of open space. Application and review shall follow standard processes for other conditional uses.
B.
Conditional use requirements:
(1)
Site context map. A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall be at a scale not less than 1" = 200', and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1" = 400', and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on site context maps include topography (from U.S.G.S. maps), stream valleys, wetland complexes (from maps published by the U.S. Fish and Wildlife Service or the U.S.D.A. Natural Resources Conservation Service), woodlands over one-half acre in area (from aerial photographs), ridge lines, public roads and trails, utility easements and rights-of-way, public land, and land protected under agricultural or conservation easements.
(2)
Existing resources and site analysis plan:
(a)
A vertical aerial photograph enlarged to a scale not less detailed than 1" = 400', with the site boundaries clearly marked.
(b)
Topography, the contour lines interpolated from U.S.G.S. published maps. Slopes over 15% shall be clearly indicated.
(c)
The location and delineation of ponds, streams, ditches, drains, and natural drainage swales, as well as the 100-year floodplains and wetlands, as defined in the Township Zoning Ordinance, comprehensive plan, or the Floodplain Ordinance.[1] Additional areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.
(d)
Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grass land, meadow, pasture, old fields, hedgerow, woodland and wetland, trees with a caliper in excess of 15 inches DBH, the actual canopy line of existing trees and woodlands, and vegetative types along with the relative age and condition.
(e)
If private community sewer systems are proposed, soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the published soil survey for Erie County, and accompanying data published for each soil relating to its suitability for construction and for waste disposal systems suitability.
[1]
Ridgelines and watershed boundaries shall be identified.
[2]
A view shed analysis showing the location and extent of views into the property from public roads and from public parks, public forests, and state game lands.
[3]
Geologic formations on the proposed development parcel, including rock outcroppings, cliffs, sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant.
[4]
All existing man-made features, including but not limited to public roads, driveways, farm roads, other roads, buildings, foundations, walls, wells, drainage (septic) fields, dumps, utilities, waterlines, fire hydrants, and storm and sanitary sewers.
[5]
Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.).
[6]
All easements and other encumbrances of property, which are or have been filed of record with the Recorder of Deeds of Erie County, shall be shown on the plan.
[7]
Total acreage of the tract.
(f)
All conceptual plans shall include documentation of a four-step design process in determining the layout of proposed greenway lands, house sites, streets and lot lines, as described below.
[1]
Step 1: Delineation of greenway lands.
[a]
The minimum percentage and acreage of required greenway lands shall be calculated by the applicant and submitted as part of the conceptual plan in accordance with the provisions of this chapter.
[b]
Proposed greenway lands shall be designated using the existing resources and site analysis plan as a base map and complying with the Township's map of conservation considerations and its comprehensive plan shall also be referenced and considered. Primary conservation areas shall be delineated comprising floodplains, wetlands and slopes over 15%.
[c]
In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed greenway, in consultation with the Planning Commission and in accordance with comprehensive plan priorities.
[d]
On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resources areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for greenway lands and in a manner clearly indicating their boundaries as well as the types of resources included within them.
[2]
Step 2: Location of house sites. Potential house sites shall be tentatively located, using the proposed greenway lands as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet from primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.
[3]
Step 3: Alignment of streets and trails. Upon designating the house sites, a sketch street plan shall be designed to provide vehicular access to each house, bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed greenway lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Street connections shall generally be encouraged to eliminate new cul-de-sacs to be maintained by the Township and to facilitate access to and from homes in different parts of the tract (and adjoining parcels).
[4]
Step 4: Drawing in the lot lines. Upon completion of the preceding three steps, a sketch of any proposed new lot lines should be drawn as required to delineate the boundaries of individual residential lots. These need not include bearings and distances.
(g)
Applicants shall be prepared to submit four separate sketch maps indicating the findings of each step of the design process to the Planning Commission and the Township Board of Supervisors.
§ 490-79 Tentative plan application submittal.
A.
An application for tentative approval of the development plan for a Planned Residential Development shall be filed by or on behalf of the landowner.
B.
The application for tentative approval shall be filed by the landowner in such form and upon the payment of such a reasonable fee as is specified by the Township. The application shall be filed with the Zoning Administrator.
C.
All planning, zoning, and subdivision matters relating to the platting, use, and development of the Planned Residential Development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Township, shall be determined and established by the Board of Township Supervisors with the advice of the Planning Commission.
D.
Requirements:
(1)
Name of proposed planned residential development North point.
(2)
Graphic scale and legend describing all symbols shown on the plan.
(3)
Day, month and year the plan was prepared and date and description of revisions to the plan occurring after formal submission.
(4)
Name and address of the owner and deed book and page numbers of the deeds conveying the property to the owner. Name of the developer and their billing address (if different).
(5)
Name, address and seal of the individual or firm preparing the plan.
(6)
Names of abutting property owners, tax parcel numbers, and their deed book and page numbers.
(7)
Key map showing the location of proposed planned residential development and all roads within 5,000 feet from proposed PRD.
(8)
Erie County tax parcel numbers of all parcels included in the planned residential development.
(9)
A certification of ownership and plan acknowledgment signature block, offer of dedication signature block, Township approval signature block, and Recorder of Deeds signature block.
(10)
Existing features per the conditional use approval phase, updated as necessary.
(11)
Perimeter boundaries of the total property showing bearings to the nearest minute and distances to the nearest hundredth of a foot.
(12)
Total acreage of the property and total square feet within each lot of the development primary and secondary conservation areas as identified during the conditional use phase.
(13)
Existing features, including sewer lines and laterals, water mains and fire hydrants, electrical lines and poles, culverts and bridges, railroads, buildings, streets, including right-of-way and cartway widths and approximate grades, development of abutting properties, including local and types of uses.
(14)
Land under current agricultural uses, including cultivated fields, orchards, pastures and similar uses.
§ 490-80 Proposed development.
A.
The planned residential development is envisioned as an area in which an integrated development will occur which incorporates a variety of residential and related uses permitted within the conditional use. The respective areas of the master plan devoted to specific residential, commercial and institutional uses should be shown and within each area, the following should be included.
(1)
The appropriate location and use of buildings and other structures (all area dimensions shall be indicated in square feet) using the scale of one inch equals 50 feet horizontal and one inch equals five feet vertical.
(2)
A conceptual landscaping plan indicating the treatment of materials and landscaping concepts used for private and common open space.
(3)
A general grading plan showing any major alterations to the topography of the site.
(4)
The approximate location and area of proposed common or dedicated greenways, including: the proposed use and improvements of common open space, the approximate location and use of common recreational facilities, and the approximate location and area of land to be dedicated for public purposes.
(5)
A table shall be included on the plan describing each phase or section with quantitative data, including the total area of the development and approximate area of each phase.
(6)
The total area devoted to each use, the number of residential units, the percentage of each type of use and the total floor area in the development and in each phase.
(7)
The area of streets, parking, sidewalks, and walkways and the total area paved and percent of area paved or covered by the structures in the development and each phase or section.
(8)
The total area devoted to planned recreational or open space use throughout the entire development and in each phase. The calculations of impervious surface in the development and in each phase.
B.
The following information should be included with a narrative statement submitted with the master plan: A statement of the ownership of all of the land included within the master plan.
(1)
An explanation of the design pattern of the planned residential development.
(2)
A statement describing any proposed innovative design concepts included in the plan.
(3)
The substance of covenants, grants of easements or other restrictions proposed to be imposed on the use of land, buildings and structures, including proposed easements or grants for public use or utilities. The covenants should specifically indicate that any land proposed for parks, recreation or open space shall be used for such purposes in perpetuity.
(4)
A description of the form of organization proposed to own and maintain the common open space, recreational facilities or other common facilities.
(5)
A statement of the proposed use and improvement of common open space and recreational facilities, and prime or active farmlands.
(6)
A description of proposals to preserve natural features and existing patterns and detention pond areas. The plan should include preliminary pond sizing calculations.
§ 490-81 Development schedule.
When it is anticipated that development pursuant to an approved master plan will occur in phases over a period of years, the following shall be included with the application for master plan approval:
A.
The phases in which the land development will be submitted for final land development approval and the approximate date when each phase will be submitted for final plan approval.
(1)
Any phase of development pursuant to an approved master plan shall be able to function independently of the undeveloped phases while being compatible with adjacent or neighboring land use.
B.
The approximate date when each phase will be completed.
C.
The gross density of any phase, or in combination with previously developed phases, shall be in general proportion to residential and nonresidential density requirements.
D.
The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan for the development of the municipality.
E.
The application for tentative approval shall be forwarded to the Harborcreek Township Planning Commission and Erie County Department of Planning for their review and comments.
§ 490-82 Public hearings.
A.
Within 60 days after the filing of an application for tentative plan approval of a Planned Residential Development pursuant to this chapter, a public hearing pursuant to public notice of said application shall be held by the Township Supervisors in the manner prescribed in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Board of Township Supervisors may continue the hearing from time to time, and where applicable, may refer the matter back to the Planning Commission for additional review; 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.
§ 490-83 The findings.
A.
The governing body, within 60 days following the conclusion of the public hearing provided for in this part or within 180 days of the filing of the application, shall, by official written communication, to the landowner, 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 landowner may, within 30 days after receiving a copy of the official written communication of the Township, notify such governing body of his refusal to accept all said conditions, in which case, the Township shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the governing body of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
C.
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 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)
In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of Harborcreek Township;
(2)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reason 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 Planned Residential Development to the neighborhood in which it is proposed to be established; and
(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.
D.
In the event a development plan is granted tentative approval, with or without conditions, the Township 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 an application for final approval shall not be less than 12 months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
§ 490-84 Status of plan after tentative approval.
A.
The official written communication provided for in this part shall be certified by the Township Secretary and shall be filed in the Township office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the zoning map, effective upon final approval, and shall be noted on the zoning map.
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 the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the period 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 governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those 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 Harborcreek Township Secretary.
§ 490-85 Final plan submittal.
A.
Final plan may contain phases with the PRD. Each phase must be submitted and reviewed for approval.
B.
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, for a section thereof. Said application shall be made to the Township Zoning Administrator within one year of the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond, and such other requirements as may be specified by this chapter, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or the part thereof submitted for final approval, shall not be required provided the development plan, or the part thereof submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto. The submission shall be reviewed by the Zoning Administrator and the Planning Commission for compliance prior to being forwarded to the governing body.
C.
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 ordinance and the official written communication of tentative approval, the Township shall, within 45 days from the date of the regular meeting of the Planning Commission next following the date the application is filed, grant such development plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the 45-day period shall be measured form the 30th day following the date the application has been filed.
D.
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the Planning Commission next following the date the application is filed 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; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the 45-day period shall be measured form the 30th day following the date the application has been filed.
F.
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. In the event the landowner shall fail to take either of these alternative 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 the landowner makes request for the hearing, and the hearing shall be conducted in the manner prescribed in this part for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the governing body 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 chapter. Failure of the governing body to render a decision on an application for final approval and communicate it to the applicant within the time and in the manner required by this section shall be deemed an approval of the application for final approval, as presented, unless the applicant has agreed in writing to an extension of time of change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time of change in a manner or presentation of communication shall have like effect.
G.
A development plan, or any part thereof, which has been given final approval, shall be so certified without delay by the Township 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, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code,[1] 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. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) of the Pennsylvania Municipalities Planning Code, and post financial security in accordance with Section 509 of the Pennsylvania Municipalities Planning Code.[2]
H.
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Township in writing; or, in the event the landowner shall fail to commence and carry out the Planned Residential Development in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of any amendment to the Zoning Ordinance in the manner prescribed for such amendments.