Robinson Township Washington County
City Zoning Code
City Zoning Code
ARTICLE V
Planned Residential Development
§ 420-500 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 open areas than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical use of land potential while providing a latitude in building design, building placement, amenities and community facilities of appropriate quality, oriented to the specific development site characterized by special features of topography, shape or size, and at the same time preserve the natural scenic qualities of Robinson Township and the open spaces within the Township.
§ 420-501 Application of provisions.
[Amended 1-10-2022 by Ord. No. 01-2022]
PRD may be permitted in the R-1 and R-2 Zoning Districts in Robinson Township, subject to the restrictions, qualifications and requirements cited in this chapter, as enumerated herein below. Provisions of this chapter and Chapter 380, Subdivision and Land Development, 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. Mobile home parks may not be considered as a PRD and must meet the standards of applicable zoning and subdivision and land development provisions. Where not specifically contained in this chapter, procedures and administrative requirements for PRDs shall be consistent with Article VII of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 420-502 Ownership requirements.
A.
The minimum land area for a PRD shall be the following:
[Amended 1-10-2022 by Ord. No. 01-2022]
B.
The applicant for a PRD plan approval shall show proof of legal title or an executed binding sales agreement for the subject property.
C.
The project shall be in single, legal as well as equitable, ownership prior to approval of the final development plan.
§ 420-503 Availability of public services and access.
A.
An adequate supply of water shall be provided to all residential, nonresidential, mixed-use, service, and accessory structures in a proposed PRD. Where a public water supply system of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and its supply shall be used exclusively. A PRD shall not be permitted where a satisfactory public water supply system is not available. Where a public supply of water is provided, fire hydrants shall be installed as agreed upon by the Board of Supervisors and the agency responsible for the water supply.
B.
An adequate and safe sewerage system shall be provided to all residential, nonresidential, mixed-use, service, and accessory structures in a PRD as defined by this chapter and Chapter 380, Subdivision and Land Development, as well as any other requirements of the federal and state government.
C.
The developer shall provide within the PRD a storm drainage system which shall be of sufficient size and design to collect, carry off and dispose of all predicable surface water runoff within the development and shall be so construed as to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the Township of Robinson. The adequacy of said facilities shall be determined by the Township Engineer.
D.
All PRDs shall be regulated to the local and regional highway systems. The developer must demonstrate to the satisfaction of the Planning Commission, Board of Supervisors, the Township Engineer and appropriate officials of the Pennsylvania Department of Transportation that traffic circulation will not be adversely influenced, that additional traffic hazards will not be created and that public and private road systems are adequate in terms of traffic volume capacity and construction type to accommodate the projected PRD-generated traffic. Street construction in PRDs shall conform to all standards of Chapter 380, Subdivision and Land Development, of the Code of the Township of Robinson, and any associated specifications.
§ 420-504 Administration.
The PRD provisions of this chapter shall first be administered by the Robinson Township Planning Commission, which shall review all applications on the basis of specified standards, conditions, regulations and procedures and shall make recommendations to the Board of Supervisors, which shall conduct public hearings and have final authority to approve, modify or disapprove development plans.
§ 420-505 Development standards.
[Amended 1-10-2022 by Ord. No. 01-2022]
A.
R-1 and R-2 Districts.
(1)
Permitted uses.
(a)
Land and buildings may be used for the following purposes:
[1]
Residential uses. Residential uses including detached, semidetached (duplex), attached (townhouses, quadplexes) or multifamily (e.g., garden apartments, mid-rise apartments) structures, or any combination thereof. In developing a balanced community, the use of a variety of housing types shall be deemed most appropriate in keeping with the intent of this part.
[2]
Nonresidential uses and mixed-use.
[a]
Nonresidential uses such as accessory commercial, service, and other nonresidential uses may be permitted or required where such uses are scaled primarily to serve the residents of the PRD and the surrounding community. Because of the primarily residential nature of a PRD, only those commercial uses compatible with reasonably associated residential development shall be permitted, but not to exceed 15% of land area. No industrial uses shall be permitted.
[b]
Accessory retail dining and service facilities may be permitted by specific approval of the Board of Supervisors.
[c]
The proposed locations for nonresidential locations in a PRD in this section must be approved by the Board of Supervisors.
[d]
Mixed-use structures may be permitted by specific approval of the Board of Supervisors.
[3]
Home occupations. Home occupations pursuant to this chapter.
[4]
Licensed nursing homes or personal care homes, provided that all lot yard height and coverage standards in the applicable district, as well as any special conditions otherwise applicable to such structures under this chapter, can be complied with. Such facilities shall not exceed a ratio of one bed per each dwelling unit.
[5]
An elderly community which has a site area over 50 acres, houses the elderly in individual dwelling units, has open space, recreation and community facilities designed specifically to provide for special needs of the elderly and includes integral facilities for extended care for residents, provided that the health care facilities shall have no more than one bed for every two dwelling units.
(b)
Customary accessory uses. Customary accessory uses, such as private garages, parking areas for guests, garden and storage sheds, pet shelters, signs, recreation community buildings and uses, churches, schools, etc., may be permitted if appropriate to the overall development of the Township.
(c)
No PRD shall be approved unless it is consistent with the purposes of the regulations as stated in § 420-501 of this article. 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 variety of housing types.
(2)
Density.
(a)
Residential density shall not exceed eight units per gross acre of land in the R-1 and R-2 Districts. Buildable acres shall be determined by determining total acreage less all land within the rights-of-way of planned or exiting public streets or highways, or within the rights-of-way of existing or proposed overhead utility lines, all land in designated floodplain floodway, and all land in designated wetlands or open water, and all land containing slopes greater than 25%. Buildable acres may be decreased further if the following environmental conditions are present in over 60% of the gross acreage:
(b)
The Township also 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.
(3)
Lot and structure requirements.
(a)
Lot size. There shall be no minimum lot size or lot width for residential structures in a PRD, provided the density requirements of § 420-505A(2)(a) are met.
(b)
Every dwelling shall have access to a public street, court, walk or other area dedicated to public use.
(c)
Setback.
[1]
Minimum building setback on perimeter. In the R-1 and R-2 Districts where a PRD is authorized, all structures shall be located at least 40 feet from the boundary of the PRD site. No accessory structure and no off-street parking shall be located in this required perimeter setback.
[2]
Internal setbacks and distance between buildings.
[a]
The minimum required front yard setback from a public or private street for all dwelling types shall be 15 feet. If individual lots are not proposed for fee simple ownership, there shall be no other required setback internal to the PRD, provided that where two or more principal residential buildings (regardless of dwelling type) are proposed on the same lot, the minimum distance between the buildings shall be 15 feet.
[b]
In the case of lots proposed for fee simple ownership, all principal structures shall be set back a minimum of 15 feet from a rear property line. Decks or other structures attached to the principal building may encroach into the rear yard only if the rear yard lot line adjoins common open space. Attached units shall have a zero side yard along common walls. All other side yards shall be a minimum of 10 feet.
(d)
Maximum height: 45 feet (not to exceed 4 stories).
(e)
Location of structures. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.
(f)
The site shall be such a character as to avoid danger to health or peril from fire, flood or other hazards.
§ 420-506 General requirements for planned residential development.
A.
Open space.
(1)
Area limitations for various uses. Within the PRD, the following percentages of the total gross land area shall be devoted to specified uses indicated herewith:
[Amended 1-10-2022 by Ord. No. 01-2022]
(a)
R-1 and R-2 Districts.
[1]
A maximum of 80% of gross acreage for residential use. Land devoted to residential use shall be deemed to include those streets, alleys, parking areas, private open spaces and courts which abut and primarily service residences or groups of residences.
[a]
A maximum of 15% of this 80% may be used for accessory retail, dining and service facilities and parking associated with these uses.
(2)
Open space uses may be any combination or single use listed below:
[Amended 1-10-2022 by Ord. No. 01-2022]
(a)
R-1 and R-2 Districts:
[1]
Timber management and forestry.
[2]
Agriculture.
[3]
Equestrian activities by community residents.
[4]
Golf courses.
[5]
Scenic areas and vistas.
[6]
Fishing, hunting, wildlife observation, and similar outdoor recreational pursuits.
[7]
Areas for conservation of unique natural and historic features.
[8]
Developed parklands.
[a]
Parks.
[b]
Parklets.
[c]
In addition to the residential uses permitted in a PRD, recreation facilities designed for the use of the residents of the PRD shall be permitted, including but not limited to hiking, biking or exercise trails; tennis, paddle tennis, basketball, volleyball or other playing courts, swimming pool and related facilities; community building for meetings and social activities; picnic pavilions; other active and passive recreational uses deemed appropriate to the proposed residents of the PRD by the Board of Supervisors.
[9]
Unless devoted to agricultural or forest uses, these areas must be operated and maintained by a land trust, government, homeowners' association, or similar responsible body to ensure maintenance or property management in perpetuity. If devoted to agriculture or private forestry, means for appropriate permanent dedication or deed covenants to prevent its development shall be required prior to approval.
(3)
Peripheral open space.
[Amended 1-10-2022 by Ord. No. 01-2022]
(a)
R-1 and R-2. Required setback areas from lot lines and road rights-of-way shall be maintained as permanent open space. This space shall surround the entire PRD. Developer must ensure that the peripheral open space remains undeveloped or utilized for agriculture/forest use in perpetuity. If the lands are to be used as parklands or golf courses, the developer shall submit a plan for a homeowners' association or similar management structure to assure maintenance in perpetuity. Unless devoted to agriculture, or containing natural vegetation of suitable size, this peripheral open space shall be planted with a buffer yard which shall meet minimum standards as contained in § 420-209, Industrial (I) District, of this chapter. The Township may require buffering between agricultural areas and other uses within the PRD.
(4)
A PRD shall be approved subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of such open spaces, recreational areas and communally owned facilities. No such instrument shall be acceptable until approved by the Township Solicitor as to legal form and effect, and the Board of Supervisors as to suitability for the proposed use of the open areas.
(5)
In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces to be used for general recreation, the landowner shall provide for an organization or trust for ownership and maintenance.
(6)
If the common open space is deeded to a homeowners' association or a nonprofit corporation established on a membership basis, the developer shall file a declaration of covenants and restrictions that will govern the associated, to be submitted with the application for the preliminary approval. If there is a homeowners' association under the Uniform Planned Community Act,[1] the developer must file a declaration of rule and regulations. The provisions shall include but not be limited to the following:
(a)
The homeowners' association or nonprofit corporation must be set up before the dwellings are sold.
(b)
Membership must be mandatory for each homebuyer and any successive owner.
(c)
The open space restrictions must be permanent, not just for a period of years.
(d)
The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.
(e)
Homeowners must pay their pro rata share of the cost. The assessment levied by the association can become a lien on the property.
(f)
The association must be able to adjust the assessment to meet changed needs.
(g)
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 require, as a condition of the approval of a PRD, that land proposed to be set aside for common open space be dedicated or made available to public use.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(7)
Maintenance by Township.
(a)
In the event that the organization established to own and maintain open space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the open space 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 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 are not corrected within 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 open space from becoming a public nuisance, may enter upon said open space and maintain the same for a period of one year.
(b)
Maintenance by the Township shall not constitute a taking of the open space, nor vest in the public any rights to use the same. Before the expiration of one year, the Township shall, upon its initiative or upon the request of the organization responsible for the maintenance of the 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 open space in reasonable condition, the Township shall cease to maintain said 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 following 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.[2]
[2]
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 open space, and shall become a lien on said properties. The Township at the time of entering upon the open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of the County, upon the properties affected by the lien within the PRD.
B.
Parking. Parking shall be provided as follows:
(1)
(2)
Nonresidential and mixed-use structures.
(a)
The minimum off-street parking shall be provided for each nonresidential use according to the standards required in § 420-406F.
(b)
The minimum off-street parking in mixed-use structures shall be provided for each portion of the structure dedicated to residential and nonresidential according to the standards required listed below:
[1]
Residential: § 420-506B(1).
C.
Circulation.
(1)
Vehicular access within the PRD shall be designed to permit smooth traffic flow with minimum hazard to vehicular or pedestrian traffic.
D.
Landscaping.
(1)
A general landscaping plan shall be required at the time of the original submission to be followed by a detailed landscaping plan prior to final approvals. The detailed plan shall show the spacing, sizes and specific types of landscaping materials.
(2)
Existing trees shall be preserved whenever possible. The location of trees shall be considered when planning the site elements such as open space, buildings, walks, paved areas, playgrounds, parking, circulation systems and finished grade levels.
(3)
A grading plan and an erosion and sedimentation plan shall be provided prior to any construction or site development activity which will minimize excavation, earthmoving procedures, and other changes to the landscape in order to ensure preservation and prevent despoliation of the character of the project site.
(4)
All manufactured slopes shall be planted or protected from erosion and shall be of a character to blend with surrounding terrain.
(5)
Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be established in a manner which will protect residential character within the PRD and in any adjoining district.
(6)
Within a PRD, all utilities including telephone, television cable and electrical systems shall be installed underground whenever possible; provided, however, appurtenances to these systems which require on-grade installation must be effectively screened.
E.
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.
F.
Waste disposal. Adequate provision shall be provided for garbage and trash removal.
§ 420-507 Review process for approval.
A.
Following conditional use approval by the Township, the developer shall obtain required approvals for PRDs by following a review process which shall consist of a tentative development plan, public hearings and approvals, and a final development plan.
B.
The Planning Commission shall review the initial submission and preliminary development plan and make recommendations to the Board of Supervisors. The Board of Supervisors shall hold public hearings and make a decision on the final development plan.
C.
Initial submission.
(1)
Each applicant shall confer with the Robinson Township Planning Commission at a scheduled monthly meeting.
(2)
A written statement of planning objectives to be achieved by the developer shall be included in the initial application. The statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the developer. Every application shall be based on and interpreted in relation to the community development goals and objectives for Robinson Township.
(3)
No formal requirement for plan or material submission is established for the initial submission. However, the higher the level of data the developer presents, such as sketch plans, land use concepts, density ranges proposed, ancillary use proposals, site information, existing perimeter conditions, access considerations and utility needs, the more direction he will receive for guidance in preparing an acceptable plan for local approval.
(4)
No final development plan shall be considered for formal Planning Commission review until the preliminary development plan has been filed.
D.
Preliminary development plan (application for tentative approval). A preliminary development plan shall be presented in sufficient detail to provide the Township Planning Commission with a major substantive review of the proposed PRD. This step of approval process shall be initiated by, or on behalf of, the developer, through the submission of a formal application for tentative approval of a PRD to the Township Planning Commission. The application shall be submitted no later than 14 days prior to the regular monthly meeting of the Planning Commission at which the development plan is to be considered. The following documentation shall be submitted in support of the application:
(1)
Written documents:
(a)
The title under which the PRD is to be recorded.
(b)
A legal description of the total site proposed for development including a statement of present and proposed ownership, present and proposed zoning, and the names and addresses of all owners of adjacent property.
(c)
A statement of planning objectives as detailed under § 420-507C(2).
(d)
A statement of the developer's intentions with regard to the future selling or leasing of all or portions of the PRD, such as land areas, dwelling units, etc.
(e)
Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space, including a separate figure for usable open space; total amount of nonresidential construction, including a separate figure for commercial or institutional facilities; economic feasibility studies or market analysis where necessary, and other studies as may be designated by the Planning Commission.
(f)
The name and address of the owner of the subdivision or land development, or of his agent, if any, and of the subdivider or developer.
(g)
The name and address of the engineer or surveyor, together with his registration number and seal attached.
(2)
Site plan and supporting maps. A site plan at a scale no smaller than one inch equals 100 feet (except where the total size of the PRD dictates a smaller scale) and any maps necessary to show the major details of the proposed PRD shall contain the following minimum information:
(a)
The existing site conditions including contours at a minimum interval of two feet up to 10% slope and a minimum interval of five feet for over 10% slope, watercourse, floodplains, unique natural features, and forest cover and other natural vegetation considered significant by the Planning Commission and the Township Engineer.
(b)
Proposed lot lines and plot designs. The plot and property lines of the proposed plan to include their courses and distances and the interior angles of their intersections with the boundary lines of adjacent property.
(c)
The location and floor area of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units by code, density per type, and nonresidential structures, including commercial facilities. All structures shall be distinguished and identified on the plan by code. Preliminary evaluations and/or architectural renderings of typical structures and improvements shall be provided. Such drawings shall be sufficient to relay the basic architectural intent of the proposed improvements but should not be encumbered with final detail at this stage.
(d)
The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic uses. The form of organization proposed to own and maintain the open space.
(e)
The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. Detailed engineering drawings of cross sections and street standards shall be handled in the final development plan stage.
(f)
The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system, including proposed treatments of points of conflict.
(g)
The existing and proposed utility systems including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
(h)
A general landscape plan indicating the treatment of materials used for private and common open space. The landscape plan should be in general schematic form at this stage. A grading plan is not required at this stage.
(i)
Enough information on land areas adjacent to the proposed PRD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape.
(j)
The proposed treatment of the perimeter of the PRD, including materials and techniques used such as screens, fences and walls.
(k)
The substance of any covenants, grants, easements or other restrictions to be imposed upon the use of lands or buildings in the development.
(l)
Any additional information as required by the Planning Commission necessary to evaluate the character and impact of the proposed PRD.
(3)
Projected scheduling of phases. In the case of development plans which call for development over a period of years, a schedule shall be provided showing the proposed times within which applications for final approval of all sections of the PRD are intended to be filed. This schedule shall be reviewed annually with the Planning Commission by the developer on the anniversary of the tentative approval, until the development is completed and accepted. It shall be the obligation of the developer to request said reviews, in writing, within the thirty-day period prior to the anniversary date of the tentative approval. The time period between grant of tentative approval and application for final approval shall not be less than 90 days and, in the case of developments to be carried out over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
E.
Public hearings and approvals.
(1)
Within 60 days following the regular monthly meeting of the Planning Commission at which the application for tentative approval of a PRD is officially reviewed, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(2)
A verbatim record of the hearing shall be caused to be made by the governing body whenever such records are requested by any party to the proceedings; the cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
(3)
The Board of Supervisors may continue the hearing from time to time; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(4)
Approval or disapproval.
(a)
The Robinson Township Board of Supervisors, within 60 days following the conclusion of the public hearing, shall, by official written communication to the developer, either:
(b)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, the tentative approval is granted subject to conditions, the developer may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify such body of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the developer does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan will all said conditions shall stand as granted.
(c)
The Board of Supervisors in its official written communication to the developer, a copy of which shall be submitted to the Planning Commission, shall indicate not only its decision but also findings of fact resolving:
[1]
The extent to which the development plan is or is not consistent with the Robinson Township Comprehensive Plan;
[2]
The extent to which the development plan departs from zoning and the subdivision regulations otherwise applicable to the subject property, and the reasons why such departures are or are not deemed to be in the public interest;
[3]
The purpose, location and amount of the common open space in the development plan and proposals for maintenance and conservation of the common open space;
[4]
The merits of the physical design including the manner in which the design does or does not make adequate provisions for public service, provide adequate control over vehicular traffic and furthers the amenities of light and air, recreation and visual enjoyment;
[5]
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established; and
[6]
The adequacy of the terms and conditions governing the development intended to protect the interests of the public and the residents of the PRD if such development is carried out over a period of years.
(d)
The Secretary of Robinson Township shall certify two copies of the official written communication. One copy shall be retained by the Board of Supervisors and the other sent to the developer via certified mail.
(e)
Tentative approval of a development plan, whether conditional or unqualified, shall not qualify a plat of a PRD for recording nor authorize development or the issuance of any building or construction permits. Except for the terms specified by a tentative approval, a tentative approval shall not be modified or revoked nor otherwise impaired by action of the municipality pending the applications for final approval provided that the applications for final approval are filed no later than 90 days after the date of tentative approval.
(f)
The approval tentative plan shall be submitted to the Washington County Planning Commission for review and comments.
(g)
In the event that the development plan is given tentative approval and thereafter, but prior to final approval, the developer shall elect to abandon said development plan and shall so notify the Secretary of Robinson Township, in writing, or in the event the developer shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto.
F.
Final development plan. After the preliminary development plan is approved by the Planning Commission, the developer shall thereafter submit detailed plans for any part or section of the land for which he desires final approval. An application for final approval shall be submitted to the Secretary of Robinson Township at least 20 days prior to the regular Planning Commission meeting at which the application is to be considered. The Planning Commission shall review the detailed plans to determine if they comply with this section and with the overall plan originally submitted by the developer and shall make recommendations to the Board of Supervisors. No zoning or building permit shall be issued until after approval by the Board of Supervisors of the detailed plans for the section in which the proposed development is located. Approval of any detailed plans shall lapse unless more that token construction is started in this section within one year. No legal or equitable conveyance of land or buildings within the development may be made until the developer has complied with all applicable ordinances.
(1)
The application shall contain, for the areas for which final approval is sought, all requirements of the proposed plan and the written report necessary to obtain tentative approval and, in addition:
(a)
Construction documents for the building of streets, sidewalks, parking areas, sanitary sewer lines, water lines, storm drainage systems, erosion and sedimentation control facilities and recreation;
(b)
Letters from the public suppliers of water and sewage disposal stating they will serve the development;
(c)
Certificate from either the Pennsylvania Department of Environmental Protection of the Commonwealth of Pennsylvania or its successors or the Washington County Conservation District stating that the erosion and sedimentation control plan has been approved and that a permit has been issued for earthmoving activity by the Department;
(d)
A certified performance bond, improvement bond or other security acceptable to the benefit of the municipality in which the development is located, the amount of bond equal to 110% of the estimated cost for installation of all public improvements, such amount to be established by the engineer designing the facilities in cooperation with the Township Engineer. The Township Supervisor may require the posting of financial security to secure the structural integrity of any improvement consistent with standards authorized by the Pennsylvania Municipalities Planning Code;[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(e)
Any covenants and rights of easement, in the form in which they will be filed as legal documents, affecting developments; and
(f)
A written description indication changes made in the tentative plan required to secure tentative approval.
(2)
In the event the application for final approval has been filed, together with all drawings, specification and other documents in support thereof, and as required by the official written communication of tentative approval, the Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval.
(3)
The final development plan shall be deemed in substantial compliance with the preliminary development plan, provided modification by the applicant does not involve a change of any of the following:
(a)
Violate any provision of the MPC.
(b)
Vary the lot area requirement by more than 10% of the amount specified on the approved preliminary development plan.
(c)
Increase the floor area proposed for nonresidential use by more than 10% of the area specified on the approved preliminary development plan.
(d)
Increase the total ground area covered by buildings by more than 5% of the amount specified on the approved preliminary development plan.
(4)
Minor changes in the location, proposed site, and height of buildings and structures may be authorized by the Board of Supervisors without additional public hearing if required by engineering or other circumstances not foreseen at the time the preliminary plan was approved and a positive recommendation received from the Planning Commission. No change authorized by this subsection may cause any of the following:
(a)
A change in the use or character of the development.
(b)
An increase in overall coverage of structures.
(c)
An increase in the intensity of the use.
(d)
An increase in the problems of traffic circulation and public utilities.
(e)
A reduction in approved open space.
(f)
A reduction of off-street parking and loading space.
(g)
A reduction in required pavement widths.
(5)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the developer, in writing, of said refusal setting forth in said notice the reasons why one or more of said variations are not in the public interest.
(b)
If the developer wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days it the time for applying for final approval shall have already passed at the time when the developer was advised that the development plan was not in substantial compliance. In the event the developer shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the developer, and the hearing shall be conducted in the manner prescribed in this section for public hearings on the applications for tentative approval. Within 30 after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan, in cases arising under this section, shall be in the form and contain the findings required for an application for tentative approval.
(6)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed within 15 days after the grant of final approval in the office of the Washington County Recorder of Deeds; before any development plan or part thereof is so recorded, no construction shall commence on the project site. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned development or of that part thereof, as the case may be, that has been finally approved, no modifications of the provisions of said development plan or part thereof, as finally approved, shall be made except with the consent of the developer. Each structure in the development will require a separate building permit. Not later that the date on which the finally approved plan is recorded, the developer shall post with the Township the certified performance bond required by Subsection F(1)(d) above.
(7)
In the event that a development plan or a section thereof is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisor in writing, or in the event the developer shall fail to commence and carry out the planned development within the schedule projected and approved in the application for tentative approval, or such amendment as subsequently mutually agreed to by the developer and the Board of Supervisors, no development or further development shall take place on the property included in the development plan until the property or portion not yet developed is reclassified by enactment of an amendment to this chapter, placing it in an appropriate zoning district.
(8)
If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the Board of Supervisors. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved final development plan.
§ 420-508 Resale.
§ 420-509 Enforcement and agreements.
A.
After general construction commences, the Robinson Township Zoning Officer shall review, at least once every six months, all building permits issued and compare them to the overall development phasing program. If he determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he shall so notify the developer and the Board of Supervisors, in writing. Thereafter, the Board of Supervisors may issue such orders to the developer as it sees fit and, upon continued violation of the subsection, may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved.
B.
Before any building permit may be issued in the planned development, all agreements, contracts, deed restrictions and sureties shall be in a form acceptable to the Township, all sureties required shall be provided, and all payments due to the Township or its agents shall be made.
C.
Financial security provided in the form of a performance bond shall be provided by a corporate surety company licensed to do business in the Commonwealth of Pennsylvania, although in specific cases other forms of surety may be found to be acceptable to the Township.
D.
Financial security for continuing operation and maintenance of areas, facilities and functions not to be a responsibility of the Township or preferred at general Township expenses may take any form acceptable to the Township, but shall include agreement that if operation and maintenance of such areas, facilities and functions is not continued as set forth in the final plan and report, the Township may, in addition to the other remedies, operate and maintain such areas, facilities and functions in the manner required in the final plan and report, with costs assessed ratably against properties within the development having right of use of such area, facilities and services and such costs shall become a lien on said properties.
E.
Any decision of the Board of Township Supervisors in granting or denying tentative or final approval of a PRD plan shall be subject to appear to a court in the manner as provided for in the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 420-510 Fees; planned residential development.
The developer shall reimburse Robinson Township for all expenses and disbursements incurred by it in connection with the application. This shall include, but not be limited to, fees and expenses of planners, professional engineers and/or registered surveyors, building inspectors, electrical engineers, Township and community impact studies, legal expertise, and such professional services as shall be deemed necessary by the Robinson Township Planning Commission and the Board of Supervisors.