North Franklin Township Washington County
City Zoning Code
City Zoning Code
ARTICLE VIII
Planned Residential Development
§ 460-801 Purpose.
A.
It is the purpose of this article to encourage and promote flexibility and ingenuity in this layout and design of new development, enabling the developer to provide a variety of housing types and to cluster housing while maintaining common open space on parcels 10 acres or larger in area through the creation of planned residential developments (referred to as PRDs throughout the remainder of this article) approved by North Franklin Township.
B.
Further, the purpose of these planned residential development (PRD) regulations is:
(1)
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 the conservation and more efficient use of open space ancillary to said dwellings.
(2)
To encourage a more efficient use of land and of public services.
(3)
To reflect changes in the technology of land development so that economies secured may ensure the benefit of those who need homes.
(4)
To provide a procedure which can relate the type, design and layout of residential development to the particular site.
(5)
To encourage a pattern of development which preserves trees, natural topography and prevents soil erosion.
(6)
To provide an environment of stable character in harmony with surrounding development.
C.
These PRD regulations are designed to provide for large-scale development incorporating a single type, or a variety of residential and related uses, which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Common open space for recreational purposes shall be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development.
D.
The PRD may also provide public facilities, parks, playgrounds, recreational areas, or reservation of areas for educational and governmental facilities, wherever these are deemed necessary by the Township Supervisors.
§ 460-802 Interpretation.
In interpreting and applying the provisions of this article, this article shall take precedence and be controlling where there is conflict between its provisions and other articles of this chapter, or Chapter 390, Subdivision and Land Development.
§ 460-803 Definitions.
All definitions contained in Article II of this chapter and in Chapter 390, Subdivision and Land Development, shall be incorporated herein, except where those definitions are modified by this article. For the purpose of this article, the following words and phrases shall have the particular meaning specified:
When the landowner fails to meet the schedule fixed in the tentative approval and does not appear to request an extension prior to the schedule date, or when final approval has been granted and the developer fails to start work within one year, or when work is stopped for a period of one year. If the landowner fails to meet the above deadlines and within such time does not request an extension, abandonment shall be considered to have taken place.
A landowner or developer who has submitted a PRD development plan for approval under the terms and conditions of this article.
A parcel or parcels of land, or a combination of land and water within a PRD development site, designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities. Recreation facilities or structures and their accessory uses located in common recreation areas shall be considered open space as long as total impervious surfaces (paving, roof, etc.) constitute no more than 5% of the total open space.
The written and graphic material representing provisions for development of a PRD, including a plat of subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; streets, ways, and parking facilities; common open space; and public facilities.
The maximum number of dwelling units authorized per acre of land, determined on the basis of the total acreage in the PRD site, including the acreage in open space as well as acreage devoted to residential and nonresidential uses.
An age-restricted PRD, which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms, where the minimum age for all residents is 62 years, or 55 years for one resident of each of 80% of the units, providing one-level living, and usually including features designed to increase the safety and amenity for the elderly. Retirement communities vary from those that provide only one type of housing and one level of service and communities that provide a range, from apartment for independent living to residences for assisted living, to long-term bed care.
The sum of the area of all parcels in the total site for which an application for PRD has been filed.
§ 460-804 Criteria for approval.
A.
Minimum site area. Any landowner may request the establishment of the PRD on a tract containing 10 or more acres of land consisting of one or more contiguous parcels of land under single ownership and control in the R-2 and R-3 Districts.
B.
Availability of utilities. The PRD must be capable of being serviced by a public approved community water distribution system and by public sewage treatment facility or by an approved community sewage treatment system.
D.
Permitted uses.
(1)
In the R-2 Districts, only the following uses shall be permitted in a PRD: single-family dwellings, two-family dwellings, quadruplex dwellings, townhouses, and retirement communities.
(2)
In the R-3 District, only the following uses shall be permitted in a PRD: single-family dwellings, two-family dwellings, townhouses, quadruplex dwellings, garden apartments, and retirement communities.
(3)
Recreational uses intended to serve the residents of the proposed PRD, including, but not limited to, tot lots, ball fields, golf courses, swimming pools, tennis courts, lawn bowling, shuffleboard courts, ski slopes, hiking, biking, or exercise trails, picnic areas and similar facilities.
(4)
Accessory uses customarily incidental to any of the uses authorized in a PRD.
(5)
In addition, the Township Supervisors may also permit such additional public uses as public buildings and public recreational facilities, and community services such as churches and clubs, subject to the following conditions:
(a)
The uses are designed primarily to serve the residents of the PRD.
(b)
The uses are compatible and harmonious with the design of the PRD.
(c)
Such additional uses shall not, by reason of their locations, construction manner, timing of operation, signs, lighting, parking, arrangements or other characteristics, have any adverse effects on the residential uses within the PRD or those adjoining to the PRD or create traffic congestion or hazards to vehicular or pedestrian traffic.
(6)
Nursing homes shall be permitted only in retirement communities, subject to the following conditions:
(7)
Day-care centers shall be permitted, subject to the following conditions:
(b)
This use shall not be conducted in any townhouse or quadruplex dwelling unit; however, the facility may be located in a portion of a garden apartment building or in a church, community building or in a church, community building or on the freestanding building on the PRD site.
(8)
Supporting commercial facilities shall be permitted, subject to the following conditions:
(b)
The supporting commercial facilities may be located in a freestanding building on the PRD site, provided the PRD is proposed for 50 or more dwelling units.
(c)
Supporting commercial facilities proposed to be located in a freestanding building shall not be constructed until 50% of the dwelling units proposed to be constructed on the PRD site area complete and ready for occupancy.
E.
Common open space.
(1)
A minimum of 25% of the gross site area of the total site of the PRD shall be devoted to common open space. A minimum of 40% of the common open space area shall be land with slopes under 12% and shall be developed for active recreational facilities to suit the needs of the residents of the PRD.
(2)
Of the required open space area, not more than 30% may be designed to be covered by water.
(3)
Recreational facilities or structures and their accessory uses located in common open space areas shall be considered improved open space as long as the facilities are appropriate to the natural setting and the total impervious surface area constitute no more than 5% of the total common open space.
(4)
The schedule for completion of the PRD submitted with the application for tentative approval shall specify the timing of construction shall be subject to approval by the Township Supervisors to guarantee that the facilities will be available at a reasonable time during construction of a development plan which is proposed to be constructed in sections.
F.
Area and dimensional requirements. The following minimum requirements shall be applicable in PRDs, provided the dwelling unit density established by § 460-804C for the district in which the PRD is proposed shall not be exceeded.
G.
Environmental considerations.
(1)
The developer shall take precautions to preserve the natural site amenities and to minimize the disturbance to the natural environmental.
(2)
The development will be designed and programmed so as to minimize earthmoving activity, erosion, tree clearance and the destruction of natural amenities.
(3)
Existing trees shall be preserved wherever possible. The location of trees must be considered when planning the common open space, location of buildings, underground service, walks, paved areas, playgrounds, parking areas and finished and grade levels.
(4)
Seeding, sodding and other planting shall be applied to stabilize topsoil.
(5)
Erosion control measures such as minimizing the area of exposed soil, mulching, building silt catchment basins and planting temporary ground cover shall be instituted as necessary.
(6)
To insure the preservation of topography, trees and ground cover, natural bodies of water and other significant natural features, a detailed landscaping plan and an erosion control and sedimentation plan will be required at the time of initial plan submission.
H.
Site consideration.
(1)
All dwelling units shall be designed with regard to topography and the natural features of the site. Orientation to the prevailing winds and the sun in the physical layout and form of the proposed dwelling units shall be taken into account.
(2)
All dwelling units shall be sited so as to enhance privacy and to insure the natural light for all principle rooms.
(3)
Variations in setbacks shall be provided where necessary to create a more pleasing site design. A minimum variation of five feet to a setback from a line drawn parallel to the cartway from the front of the building is required when more than two buildings are the same distance from any street or off-street parking area.
(4)
Dwelling units and other facilities near the periphery of the PRD shall be designed so as to harmonious with contiguous neighboring areas.
(5)
No structure shall be within 25 feet of the street cartway of a private street, or within 10 feet of any off-street parking area.
I.
Streets and streetlighting. Streets shall be designed in conformance with the standards and specifications of Chapter 390, Subdivision and Land Development. The developer shall install streetlighting in all PRDs and shall be shown on the tentative plans submitted to the Township for approval. Streetlights shall be of a type approved by the Township Engineer and shall be installed in accordance with Township standards. The cost of lights, poles and installation shall be assumed by the developer.
J.
Access and traffic circulation. Ingress, egress and internal traffic circulation shall be designed to ensure safety and permit access by emergency vehicles and to minimize impacts on the Township's street system.
(1)
The PRD shall be designed so that no individual single-family, two-family, townhouse, or quadruplex dwellings shall have vehicular access to arterial or collector roads, as defined by this chapter.
(2)
Traffic circulation in PRDs which contain garden apartments or townhouses, as defined by this chapter, shall be designed to restrict, where feasible, or to discourage the use of local roads in single-family subdivisions and to encourage the use of an arterial or collector road, as defined by this chapter, as the principal means of access into the garden apartments or townhouses portion of the PRD.
K.
Perimeter setbacks. All structures on the entire perimeter of the PRD site shall be set back from any site boundary which adjoins single-family use or zoning classifications in accordance with the following:
(1)
Single-family and two-family dwellings shall be set back from the PRD site boundary a minimum of 50 feet.
(2)
Garden apartments and townhouses shall be set back from the PRD site boundary a minimum of 100 feet.
(3)
The requirement for perimeter setback may be waived by the Township Supervisors, if the development plan proposes single-family lots of a similar depth and area as those single-family lots outside the PRD site which adjoin the site boundary.
L.
Buffer areas. Buffer areas, as defined by this chapter, shall be provided in all PRDs in accordance with the following standards:
(1)
Where single-family lots or two-family dwelling lots in a PRD adjoin single-family use or zoning classifications outside the PRD site, a buffer area, as defined by this chapter, at least 15 feet in depth, as measured from the property line, shall be installed.
(2)
Where lots containing townhouses or garden apartments in a PRD adjoin single-family use or zoning classification outside the PRD site, a buffer area, as defined by this chapter, at least 25 in depth, as measured from the property line, shall be installed.
(3)
The depth of the buffer area shall be included in the depth of the perimeter setback required in § 460-804K, above. The buffer area shall be included as part of the common open space provided on the site and shall be deeded in perpetuity to a homeowners' association or other legal entity created to maintain common areas within the PRD. Maintenance of the buffer area shall be subject to the provisions of § 460-804 and § 460-805 of this chapter.
(4)
Buffer area.
(a)
Where freestanding buildings contain nonresidential uses authorized by § 460-804D(3) through D(8) as part of a PRD, a buffer area, as defined by this chapter, shall be required along any property line which adjoins residential use or zoning classifications outside the PRD site. The minimum depth of the required buffer area shall be 25 feet, measured from the property line.
(b)
The buffer area shall be part of the common open space to be maintained by the homeowner's association, as specified a Subsection C, above; however, if the nonresidential building on a lot which is held in separate ownership, the buffer area shall be included in the lot area and the owner of the lot shall be a member of the homeowners' association and shall be responsible for preserving and maintaining the buffer area. The plan of subdivision containing the lot shall contain a notation regarding the obligation to preserve and maintain the buffer area in perpetuity.
(c)
A maintenance bond shall be posted to guarantee the replacement of landscaping materials in the required buffer area which do not survive for three years following installation. All plants which do not survive for three years after planting shall be replaced at the landowner's expense.
M.
Landscaping.
(1)
A general landscaping plan shall be submitted with the application for tentative approval which shows compliance with buffer area requirements and indicated other areas of the PRD site proposed for landscaping. A detailed landscaping plan, prepared by a registered landscape architect, shall be submitted with the application for final approval showing the spacing, sizes and specific types of proposed landscaping materials and existing vegetation to be preserved.
(2)
Existing trees shall be preserved wherever possible. If existing vegetation is proposed to be retained to meet the buffer area requirements, the final development plan shall include covenant or other legal instruments necessary to guarantee the persevation of such vegetation.
N.
Stormwater management. The development plan shall include proposals for the management of stormwater runoff which will result from the development of the PRD site. The method of stormwater management and the design of the proposed facilities shall be subject to approval by the Township Engineer in accordance with the requirements of Chapter 390, Subdivision and Land Development.
§ 460-805 Dedication of common open space.
A.
The Township may, at any time and from time to time, accept the dedication of common open space land or any interest therein for public use and maintenance, but the Township need not require, as a condition of the approval of a PRD, the land proposed to be set aside for common open space be dedicated or made available for public use. The landowner shall be required to provide for, and establish, an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved, nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the public.
B.
The Township shall approve a PRD or use unless it meets the following standards:
(1)
The location, shape, size and character of the common open space shall be provided in a manner to meet the needs of the PRD and shall be consistent with the Township's proposed parks and open space standards.
(2)
Common open space shall be used for amnesty or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the PRD, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.
(3)
Common open space shall be suitably improved for its intended use, but common open space containing natural features, existing trees and ground cover worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space and shall conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
(4)
The development schedule which is part of the development plan must coordinate the improvement of the common open space the construction of buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the PRD.
(5)
The use and improvements of the common open space shall be planned in relation to any existing or proposed public or semipublic open space which adjoins or which the within 1,500 of the perimeter of the PRD.
(6)
All land shown on the final development plan as common open space shall be conveyed in either of the following ways, at the discretion of the Township Supervisors:
(a)
To North Franklin Township; or
(b)
To an organization for the ownership and maintenance of the common open space, which organization shall not be dissolved nor shall it dispose of the common open space by sale or otherwise without first offering to dedicate the same to North Franklin Township.
(c)
In any event, the common open space after being approved on the final development shall be used thereafter for no other purpose than as specified on the final development plan. The plan for recording and the deeds shall contain protective covenants governing the maintenance of the common open space.
§ 460-806 Maintenance of common open space.
A.
In the event that the organization established to own and maintain common open 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 a hearing thereon which shall be held within 14 days of the notice.
B.
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 modifications thereof shall not be corrected within 30 days or any extension thereof, the Township, in order to preserve the taxable space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. 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.
C.
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 or its designated agency, at which hearing such organization or 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.
D.
If the Township Supervisors, or its designated agency, 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, or its designated agency, shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, at 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 Supervisors, or its designated agency, shall be subject to appeal to court in the same manner, and within the same time limitation, as provided for zoning appeals by Act 247, the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.).
§ 460-807 Cost of maintenance.
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 against said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of Washington County, upon the property affected by the lien within the PRD.
§ 460-808 Application for tentative approval.
A.
Step 1: Filing an application for tentative approval.
(1)
An application for tentative approval of a PRD shall be filed by the landowner with the Zoning Officer, in such from as prescribed by the Township, and shall be subject to the payment of such reasonable fee, as established by resolution of the Township Supervisors. A completed application shall be deemed to be accepted when all required documentation, as detailed in § 460-808A(3), has been filed with the Township and all required fees have been paid. The applicant shall be responsible for the cost of review by the Township Engineer, Township Solicitor, and Township staff, and any other outside consultant whose expertise may be required by the Township to adequately review the application.
(2)
The application for tentative approval shall include documentation illustrating compliance with all of the standards for PRD as set forth in this article and, where necessary, the Township Supervisors shall order such additional documentation as they may deem necessary to aid them in their review. Two hard copies and an electronic/digital copy of the application form and plans showing the information required by § 460-808A(3) shall be submitted to the Zoning Officer at least 10 working days prior to the regular monthly meeting of the North Franklin Township Board of Supervisors.
[Amended 5-9-2023 by Ord. No. 2-2023]
(a)
A written statement of the nature of the landowner's interest in the land proposed to be developed; the owner's intentions with regard to the future selling or leasing of all, or portions of, the planned residential development, such as land areas, dwellings units, or buildings; and a statement setting forth the reasons why a planned residential development would be consistent with the Township's Comprehensive Plan and in the public interest.
(b)
A legal description of the total site proposed for development including the names and addresses of present owners and the names and addresses of all owners of a adjacent property.
(c)
A plan indicating the location, size, topography, soils, and vegetative cover of the site.
(d)
A site plan and other drawings showing the density of land use to be allocated to the various portions of the site to be developed; the location and size of the common open space; the use, approximate height, bulk, and location of buildings and other structures, including typical elevations; a planting plan; a streetlighting plan; the provisions for parking of vehicles; and the location and width of proposed streets and public ways.
(e)
Plans and drawings or documents to establish:
[1]
The feasibility of proposals for the dispositions of sanitary waste and stormwater;
[2]
The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of land, buildings and structures, including proposed easements or grants for public utilities;
[3]
The feasibility of planting proposals indicated on the plans and elevations and perspective sketches submitted;
[4]
The required modifications in the municipal land use regulations otherwise applicable to the subject property;
[5]
The form of organization proposed to own and maintain common open space;
[6]
All items required by § 460-1605B, Application for approval of a land development plan, as specified by this chapter;
[7]
Any other information required by the Township Supervisors necessary to evaluate the character and impact of the proposed PRD on the Township and to indicate compliance with all provisions of this article.
B.
In cases where the development plans call for development over a period of years, the application for tentative approval shall contain a schedule and site plan showing the proposed times and locations within which applications for final approval of all sections of the PRD are intended to be filed. This schedule must be updated annually on the anniversary of the grant of tentative approval, until all development is completed and accepted.
C.
Step 2: The public hearing.
(1)
Within 60 days after filing an application for tentative approval of a PRD pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Township Supervisors in the manner prescribed in Section 908 of the Pennsylvania Municipalities Planning Code (Act 27 of 1968, as amended[1]) and all references to the Zoning Hearing Board in section shall apply the Township Supervisors.
[1]
Editor's Note: See 53 P.S. § 10908.
(2)
The Township Supervisors may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(3)
The Township may offer a mediation option as an aid in completing proceedings authorized by this article prior to final approval by the Township Supervisors. In exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 1605 of this chapter.
D.
Step 3: The findings.
(1)
The Township Supervisors, within 30 days from following the conditions of the public hearing provided for in § 460-808B, shall, by official written communications to the landowner, either:
(2)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Township Supervisors, notify the Township Supervisors of his refusal to accept all said conditions, in which case the Township Supervisor shall be deemed to have denied tentative approval of the development plan. In the even the landowner does not, within said period, notify the Township Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
(3)
The grant or denial of tentative approval by official written communication shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularly 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:
(a)
Those respects in which the development plan does or does not meet the standards prescribed in this chapter;
(b)
Those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township;
(c)
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;
(d)
The purpose, location and amount of the common open space in the PRD, the reliability of the proposal 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, and the site physical characteristics, and the effect of development or preservation of portions of the tract on the community as a whole;
(e)
The physical design of the development plan and the manner in which said design does or does not provide adequately for public services, provide for adequate control over vehicular traffic, and provide amenities of light and air, privacy, recreation and visual enjoyment;
(f)
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established; and
(g)
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 PRD.
(4)
In the event a development plan is granted tentative approval, with or without conditions, the Township Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan should 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. In the case of developments over a period of years, the time between applications for final approval of each section of a plan shall be not less than 12 months.
§ 460-809 Status of plan after tentative approval.
A.
The official written decision provided for in § 460-808 shall be adopted by the Township Supervisors at a public meeting and shall be filed in the office of the Township Secretary, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Township Zoning Map, effective upon final approval, and shall be noted on the Township Zoning Map.
B.
Tentative approval of a development plan shall not qualify a part of the PRD 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 (provided the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified nor 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 for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communications 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 Supervisors, 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 the zoning and subdivision regulations otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Township Zoning Map and in the records of the Township Secretary or Township Supervisors.
§ 460-810 Application for final approval.
A.
An application for final approval may be for all the land included in the development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Township Supervisors within the time or times specified by the official written communication granting tentative approval. The application shall include drawings, specifications, covenants, easements, performance bond and time schedule, 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 plans, or part thereof, shall not be required, provided the development plan submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached hereto.
B.
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, 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.
C.
Refusal.
(1)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township Supervisors 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. In the event of such refusal, the landowner may either:
(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. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.
(3)
Any public hearing conducted at the request of the landowner on a development plan which contains variations from the development plan given tentative approval shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner. The hearing shall be conducted in the manner prescribed in § 460-808 for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Township Supervisors shall, by official written communications, either grant final approval of the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases under this section, be in the form and contain the findings required for an application for tentative approval set forth in § 460-808 in this chapter.
D.
A development plan, or any part thereof, which has been given final approval shall be so adopted at a public meeting without delay by the Township Supervisors and shall be filed of record by the developer forthwith in the office of the Recorder of Deeds before any development shall occur. 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 PRD or of any section thereof, that has been finally approved, no medication of the provisions of said development plan, or section thereof, as finally approved, shall be made, except with the consent of the landowner.
E.
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or section thereof, that has been finally approved, and shall notify the Township Supervisors in writing or, in the event the landowner shall fail to commence or carry out the PRD in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code[1] 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 amendment in this chapter.
[1]
Editor's Note: See 53 P.S. § 10508.
§ 460-811 Enforcement and modification of provisions of the plan.
A.
To further the mutual interest of the residents of the PRD and of the public in the preservation of the integrity of the development plan, as finally approved, and to insure that modification, if any, in the development plan shall not impair the reasonable reliance of said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the provisions of the development plan, as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions.
B.
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, except as otherwise provided in this chapter; 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 of regulation otherwise granted the Township by law.
C.
All provisions of the development plan shall run in favor of the residents of the PRD, but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan and, to that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said residents acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the PRD except as to those portions of the development plan which have been fully approved and have been recorded.
D.
All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed, or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the PRD to maintain and enforce those provisions, at law or equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the development plan by the Township shall be permitted, except upon a finding by the Township Supervisors or its designated agency, following a public hearing thereon, pursuant to public notice, called and held in accordance with the provisions of this article, that the same is consistent with the efficient development and preservation of the entire PRD, does not adversely affect either the enjoyment of land abutting upon or across the street from the PRD or the public interest, and is not granted solely to confer a special benefit upon any person.
E.
Residents of the PRD, to the extent and in the manner expressly authorized by the provisions of the development plan, may modify, remove, or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this section.
§ 460-812 Posting of surety.
The procedure for posting of performance bonds to guarantee the proper installation of public improvements, posting of maintenance bonds as a condition of acceptance of public improvements and remedies to effect completion of public improvements shall be in accordance with the requirements of Chapter 390, Subdivision and Land Development.
§ 460-813 Conditions indicating joint municipal jurisdiction.
A.
If a proposed PRD tract includes land in an adjoining municipality, this tract shall be treated as two PRD tracts under this chapter, and all rules of each respective municipality shall apply to the tract located therein.
B.
The procedure for public hearings, status of plan after tentative approval, and application for final approval shall be as stated in this chapter. Application must be made to both governing bodies and approval must be given by both governing bodies in order for the PRD to be allowed.
§ 460-814 Enforcement remedies.
Any person, partnership or corporation, who or which has violated the PRD provisions of this chapter shall be subject to the enforcement remedies prescribed in § 1603 of this chapter.