Zoneomics Logo
search icon

Richmond Township Tioga County
City Zoning Code

PART 12

PLANNED RESIDENTIAL DEVELOPMENT

§ 27-1201 Purposes.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
The purposes of this Part are:
1. 
To insure that the provisions of this chapter which are concerned with the uniform treatment of dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of this chapter.
2. 
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.
3. 
To provide greater opportunities for better housing and recreation for all who are or will be residents of the Township of Richmond.
4. 
To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may inure to the benefit of those who need homes.
5. 
To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply-sloped areas, and areas of unusual beauty or importance to the natural ecosystem.
6. 
In aid to these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased feasibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.

§ 27-1202 Eligibility.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
No application for tentative approval of a planned residential development shall be approved or even considered unless the following general conditions are met:
1. 
The planned residential development shall consist of a contiguous area of at least 25 acres.
2. 
The development shall be served by a community water supply and sewage disposal system, which shall be implemented at the time of construction of structures as the development commences.
3. 
The proposed developments shall be found to be generally consistent with the Township of Richmond Comprehensive Plan.

§ 27-1203 Issuance and Review of Permits.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
Responsibility for the issuance of permits and all matters pertaining to administration of the plan as finally approved shall be vested in the Zoning Officer.
2. 
Upon application of the landowner showing compliance with the requirements of final approval, the Zoning Officer shall issue permits for construction pursuant to the plan, or any section thereof.

§ 27-1204 Enforcement Remedies.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
Any person, partnership or corporation who or which has violated the provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township of Richmond, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township of Richmond as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township of Richmond may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation.
2. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
3. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township of Richmond the right to commence any action for enforcement pursuant to this section.
4. 
District Justices shall have initial jurisdiction over proceedings brought under this section.

§ 27-1211 Permitted Uses.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
A planned residential development may include residential uses, with dwelling units in single-family, semi-detached and attached dwellings, garden apartments and high-rise apartments, and, to the extent they are designed and intended primarily to serve the residents of the planned residential development, recreation and commercial uses.

§ 27-1212 Density.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
The maximum allowable average gross residential density for all zoned areas where such residential development is permissible shall be six dwelling units per acre.
2. 
No more commercial use shall be allowed than expert market analysis shows to the satisfaction of the Township will be needed to serve the resident population of the planned residential development. In no case shall it exceed one acre of commercial and/or one acre of industrial development per 100 dwelling units in the PRD.
3. 
Not less than 25% of the total area of planned residential development shall be designated as and devoted to common open space.

§ 27-1213 Density Bonus.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
For each additional percentage point of land in common open space above 25%, the permissible average gross residential density shall be increased by 1% of the permissible average gross residential density as specified in § 27-1212, Subsection 1, above.

§ 27-1214 Design, Bulk and Location Standards.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
Site Design.
A. 
All housing shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account.
B. 
All housing shall be sited so as to enhance privacy and insure natural light for all principal rooms.
C. 
Variations in setbacks shall be provided where necessary to create a more pleasing layout.
D. 
Housing and other facilities near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring areas.
E. 
No structure shall be within 20 feet of the right-of-way of access roads or of parking areas.
F. 
No structure shall be less than 50 feet from the property lines of the development and a planting strip of appropriate height for effective screening shall be provided along all property lines at the periphery of the development where necessary to protect the privacy of neighboring residents.
2. 
Tree Conversion and Erosion Control.
A. 
Existing trees shall be preserved wherever possible. The protection of trees shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
B. 
The development shall be designed and programmed so as to minimize earthmoving, erosion, and the destruction of natural amenities.
C. 
Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes.
D. 
Erosion control measures such as minimizing the area of exposed soil, mulching, building sites catchment basin, and planting temporary ground cover shall be instituted as necessary and as required to comply with the Pennsylvania Erosion and Sediment Control Act.
3. 
Streets.
A. 
The street system shall be designed so as to relate harmoniously with land uses and adjacent streets, and to minimize through traffic in residential areas.
B. 
Collector streets and local streets shall be so designated and shall have a minimum right-of-way of 50 feet and a minimum cartway of 28 feet.
C. 
Culs-de-sac must have a paved turning circle of sufficient width to facilitate snow removal and to permit easy access for fire fighting equipment and delivery trucks. The minimum radius shall be 45 feet to the outside curb, and the maximum length from the center radius to the center line of the collector road shall be 500 feet.
D. 
All roads must comply with the specifications of the Township of Richmond as provided by resolution.
4. 
Parking.
A. 
There shall be two off-street parking spaces, measuring 10 feet by 20 feet for each dwelling unit with aisles at least 20 feet wide.
B. 
There shall be one off-street parking space 10 feet by 20 feet for each 100 square feet of commercial space and for industrial development one off-street parking space 10 feet by 20 feet for each employee on a major shift.
C. 
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
D. 
Parking areas shall be screened from adjacent structures, access roads and traffic arteries by hedges, dense planting, earth berms, changes in grade or walls. All parking areas shall be a minimum of 20 feet from all structures, access roads and traffic arterials.
E. 
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping.
F. 
No more than 60 parking spaces shall be accommodated in any single parking area.
G. 
All streets and any off-street loading area shall be surfaced with an asphaltic or Portland cement pavement.
5. 
Sidewalks.
A. 
Sidewalks shall be provided and must be at least four feet wide.
B. 
Along collector streets or in the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks shall be at least six feet wide.
C. 
All sidewalks shall be a minimum of four inch Portland cement construction.
6. 
Lighting. All off-street parking shall be adequately lighted. All such lighting shall be arranged so as to direct light away from adjoining residences.
7. 
Storm Drainage. The storm sewerage system for a planned residential development shall be designed to minimize erosion and flooding, using as desirable, catchment basins, silt traps and design of cartways so as to minimize runoff.
8. 
Landscaping.
A. 
All parking areas shall be landscaped. The interior of each parking lot shall have one four-inch caliper shade tree for every four cars.
B. 
Shade trees shall be provided along all streets. No less than two four-inch caliper trees shall be planted for each twenty-five foot section of collector streets.
9. 
Street Signs and Street Lighting.
A. 
All streets and areas of high pedestrian use shall be adequately lighted.
B. 
The character, size and shape of all outdoor signs shall be in conformity with the provisions of this chapter.
10. 
Supplemental Nonresidential Facilities.
A. 
Shopping areas, industrial areas and recreational facilities within a planned residential development shall be located so as not to interfere with nearby residential areas.
B. 
Refuse stations shall be designed with suitable screening and located where convenient for trash removal, and not offensive to nearby residential areas.
C. 
Adequate lighting shall be provided for outdoor areas used after dark. Appropriate lighting fixtures must be provided for walkways, to identify steps, ramps, and signs. Lighting shall be designed and located so as not to shine directly into nearby residences.
11. 
Utilities. All utilities shall be underground.

§ 27-1215 Development in Stages.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
A developer may construct a planned residential development in stages if the following criteria are met:
1. 
The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required by this chapter.
2. 
At least 15% of the dwelling units in the plan given tentative approval are included in the first stage.
3. 
At least 50% of the dwelling units in any stage are rented or sold before any commercial development shown in that stage shall be completed.
4. 
The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 15% of the total dwelling units receiving tentative approval.
5. 
Gross residential density may be varied from stage to stage, provided, however that final approval shall not be given to any stage if the gross residential density by type of dwelling of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelling unit allowed for the entire planned residential development in the tentatively approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding maximum gross residential densities, the developer may be required to grant an open space easement or covenant to the Township of Richmond specifying the amount, and, if necessary, the location of open space.

§ 27-1216 Standards for Location and Management of Open Space.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving natural features.
2. 
There shall be provisions which insure that the open space land shall continue as such and be properly maintained. The developer shall either (a) dedicate such land to public use if the Township of Richmond or another public agency has indicated it will accept such dedication, (b) retain ownership and responsibility for maintenance of such open space land, or (c) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of (c) above, each organization shall be a nonprofit homeowners corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
3. 
If a homeowners association or open space trust is formed, it shall be governed according to the following regulations:
A. 
The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
B. 
Membership in the organization is mandatory for all landowners and purchasers of homes therein and their successors.
C. 
The organization shall be responsible for maintenance of and insurance and taxes on common open space.
D. 
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
E. 
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
F. 
In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township of Richmond may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Township of Richmond, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Township of Richmond 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 and owners of the planned residential development, to be held by the Township of Richmond, at which hearing such organization or its residents and owners of the planned residential development shall show cause why such maintenance by the Township of Richmond shall not, at the election of the Township of Richmond, continue for a succeeding year. If the Township of Richmond shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township of Richmond shall cease to maintain said common open space at the end of said year. If the Township of Richmond shall determine such organization is not ready to maintain said common open space in a reasonable condition, the Township of Richmond may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township of Richmond in any such case shall constitute a final administrative decision subject to judicial review.
The cost of such maintenance by the Township of Richmond shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a tax lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is subject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued; provided that such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessment or charges accruing prior to said foreclosure, but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to the assessment or charges, with the intent that no such charges shall be at any time prior in lien of such mortgage or mortgages whatsoever on such property. The Township of Richmond, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the Office of the Prothonotary upon the properties affected by such lien within the planned residential development.
G. 
In accordance with Section 706 of the Municipalities Planning Code, 53 P.S. § 10706, the provisions of the development plan relating to (i) the use, bulk and location of buildings and structures, (ii) the quantity and location of common open space, and (iii) the intensity of use or the density of residential units, shall run in favor of the Township of Richmond and shall be enforceable in law or in equity by the Township of Richmond, without limitation on any powers of regulation otherwise granted the Township of Richmond by law. The development plan shall specify those of its provisions which shall run in favor of, and be enforceable by residents of the planned residential development, and, in addition, the manner in which such residents may modify or release such rights.

§ 27-1217 Other Public Areas.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
If the Township of Richmond or a public agency such as a school district determines that land for public use (i.e., fire station, police station, school) will be needed as a result of the construction of the planned residential development, the developer may be required to set aside such land for eventual acquisition by the Township of Richmond or public agency. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the total dwelling units in the planned residential development, then at the option of the developer, the land may be used for residential purposes subject to the provisions of this chapter. If the developer chooses to dedicate such land, he may benefit from an increase in permitted dwelling units as specified in the definition of average gross residential density.

§ 27-1221 Deposits Required With Application.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Secretary. An initial deposit as set forth in the current fee schedule of the Township of Richmond shall be paid upon filing of the application to be applied against such expenses, and additional deposits shall be made from time to time as required by the Township of Richmond to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township of Richmond.

§ 27-1222 Documentation to Accompany Application.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development in Subpart B of this Part 12, and where necessary the Township of Richmond shall order such documentation to aid them in their review.
2. 
General Documentation. Required documentation shall include, but not be limited to, documents illustrating the following:
A. 
The location and size of the area involved, and the nature of the landowner's interest in the planned residential development.
B. 
The proposed use areas, the average gross residential density and the density of each proposed type of residential use area.
C. 
The location, function, size, ownership, and manner of maintenance of the common open space.
D. 
The use and the approximate height, bulk and location of buildings and other structures.
E. 
Information showing the feasibility of proposals for water, sanitary sewage and storm water disposition.
F. 
Utility systems.
G. 
The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for public utilities.
H. 
The provision for parking of vehicles and location, rights-of-way and cartway widths of proposed streets and public ways.
I. 
In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.
J. 
The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.
K. 
Water Supply. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned residential development, applicants shall present evidence to the Board of Supervisors that the planned residential development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, which ever is appropriate, shall be acceptable evidence.
3. 
Plans. Application for tentative approval shall include but not be limited to the following documents:
A. 
Plans at a scale of one inch equals 200 feet of existing natural features of the land including topography, vegetation, drainage and soil.
B. 
A site plan showing approximate locations of buildings, roads, parking areas at a scale of one inch equals 100 feet.
C. 
A plan at a scale of one inch equals 100 feet delineating common open space indicating size, nature of facilities, structures, if any, and uses.
D. 
A plan at a scale of one inch equals 100 feet delineating approximate locations, street types, rights-of-way and cartway widths.
E. 
Site plan illustrating phasing, including a time schedule for all on-site and off-site improvements to be dedicated for public uses.
F. 
A plan illustrating connection to existing public utilities, streets and rights-of-way accompanied by documentation as to the impact of the proposed development on said public utilities, streets and rights-of-way.
G. 
A plan illustrating the relation of the proposed planned residential development to the Township of Richmond comprehensive plan.
4. 
Said application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the Township of Richmond comprehensive plan.

§ 27-1223 Review of Application by Other Agencies.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
One copy of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Planning Commission and to the Tioga County Planning Commission for study and recommendation as required by the Pennsylvania Municipalities Planning Code. The Township Planning Commission and the Tioga County Planning Commission shall review and report upon the application to the Township of Richmond within 30 days of such referral. One copy of the reports of the respective planning commissions shall be furnished to the landowner not less than five days before the appointed time of the public hearing provided for in § 27-305 of this Part. Additional copies may be required as deemed necessary by the Township Secretary.

§ 27-1224 Informal Consultation Prior to Application.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1994]
The landowner, the Township of Richmond, the Planning Commission, and the Tioga County Planning Commission may consult informally concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by an official of the Township of Richmond or of the planning agencies shall be binding upon the Township of Richmond.

§ 27-1225 Public Hearings.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors.
2. 
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board of Supervisors. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
3. 
The parties to the hearing shall be the Township of Richmond, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.
4. 
The chairman, or acting chairman in the absence of the chairman, of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
5. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
6. 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
7. 
The Board of Supervisors shall keep a stenographic record of the proceedings. The appearance fee for the stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors or shall be paid by the person appealing from the decision of the Board of Supervisors if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
8. 
The Board of Supervisors shall not communicate, directly or indirectly, with any party of his representatives in connection with any issue involved except upon notice for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their Solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
9. 
The Board of 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 hearing shall be concluded within 60 days after the date of the first public hearing.

§ 27-1226 The Findings.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
The Board of Supervisors within 60 days following the conclusion of the public hearing shall, by official written communication to the landowner, either:
A. 
Grant tentative approval of the development plan as submitted;
B. 
Grant tentative approval subject to specified conditions not included in the development plan as submitted; or,
C. 
Deny tentative approval to the development plan.
2. 
Failure to so act with said sixty-day 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 Board of Supervisors notify such Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner 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.
3. 
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to findings of fact and conclusions on the following:
A. 
In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the Township;
B. 
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;
C. 
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.
D. 
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;
E. 
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
F. 
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.
4. 
In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of 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 three months and, in the case of development 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.

§ 27-1227 Status of Plan After Tentative Approval.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
Notification of Approval. The official written communication shall be certified by the Township Secretary and shall be filed in his 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.
2. 
Actions Not Permitted by Tentative Approval. 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 or violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township of Richmond 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 communication granting tentative approval.
3. 
Abandonment of Plan. 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 Board of 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 those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the zoning map and in the records of the Secretary of the Township of Richmond.

§ 27-1231 Application for Final Approval.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
An application for final approval may be for the entire land development plan, or to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Township of Richmond and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.

§ 27-1232 Required Documentation.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
The application for final approval shall contain:
1. 
Site Map. Six copies of the final plan:
A. 
Drawn at a scale of one inch equals 100 feet as the tentative plan was drawn.
B. 
The final plan site map shall be drawn on tracing cloth or be transparent reproduction with black line on cloth or stable plastic base film. If the final plan site map is drawn in two or more sections, they must be numbered consecutively and accompanied by a key map showing the location of the several sections.
C. 
For all street rights-of-way and property lines within the PRD the following must be shown: accurate dimensions, bearings or deflection angles of all straight lines; error of closure may not exceed one foot in 10,000 for slopes of less than 10% or over two feet in 10,000 for slopes of 10% and over and radii, arcs and central angles of all curves.
D. 
For other rights-of-way and easements, the location, bearings, dimensions and purpose.
E. 
Survey data shall include primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data on the map are referred.
F. 
Number to identify each lot and/or site.
G. 
Number of dwelling units and density by type.
H. 
Purpose for which sites other than residential lots are dedicated or reserved.
I. 
Building locations and building setback lines on all lots and other sites.
J. 
Names of record owners of adjoining unplatted land.
K. 
Reference to recorded land development plans of adjoining developed land by record name, date and number.
L. 
Notarized certification of title showing that applicant is the owner of the land, that the land development shown is his act and deed, and that it will be recorded as shown.
M. 
Certification by registered surveyor or registered professional engineer certifying to accuracy of survey and plan.
N. 
The location of all proposed monuments and street signs and the location and methods of street lighting facilities.
O. 
A location map corrected and updated from the tentative plan.
P. 
Source of title.
Q. 
Provisions for approval signatures by the Township officials.
R. 
Provisions for review signatures by Township and Tioga County Planning Commissions.
2. 
Supporting Data.
A. 
Corrected and updated from the tentative plan, all detailed drawings and specifications for improvements shall be submitted.
B. 
Two copies of a center line profile and cross-section maps or diagrams of streets showing proposed grades, curbs, sanitary and storm water sewers, water lines and any other underground utilities at minimum scale of 40 feet horizontal and four feet vertical.
C. 
Two copies of deed restrictions and/or protective covenants for the development.
D. 
Water Supply. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned residential development, applicants shall present evidence to the Board of Supervisors that the planned residential development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, which ever is appropriate, shall be acceptable evidence.
3. 
Certificate Required.
A. 
From a registered professional engineer retained by the Township of Richmond certification that the developer has installed all improvements to the specifications of these requirements and has complied with any conditions attached to the approval of the tentative plan by the Township of Richmond; or that the developer has posted a surety performance bond or other acceptable security in amount sufficient to assure completion of all required improvements.
B. 
From state agencies, certification that method of sewage disposal and water supply have been approved by the Pennsylvania Department of Environmental Resources. Certification of Sediment and Erosion Control Plan bearing approval of Pennsylvania Department of Environmental Resources.
C. 
Other certificates as may be required such as from the Pennsylvania Public Utility Commission.
D. 
An agreement that the developer will install underground utilities before paving streets and constructing sidewalks.
4. 
Fees. The final plan shall include thereon or be accompanied by filing fees and any other fee that may be required.

§ 27-1233 Refusal of Final Application.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
1. 
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 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:
A. 
Refile his application for final approval without the variations objected; or
B. 
File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval. 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. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Part for public hearings on applications for tentative approval. Within 30 days 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 shall, in cases arising under this section, be in the form of and contain the findings required for an application for tentative approval set forth in this chapter.

§ 27-1234 Approval of Final Application.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
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 this chapter and the official written communication of tentative approval, the Township of Richmond shall, within 45 days of such filing, grant such development plan final approval.

§ 27-1235 Certification and Recording of Final Approval.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
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 of record forthwith in the Office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

§ 27-1236 Failure to Act on Plan.

[Ord. 2-80, 11/17/1980; as added by Ord. 91-4, 9/3/1991]
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 Board of Supervisors in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development 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 re-subdivided and is reclassified by enactment of an amendment to this chapter.