Stroud Township City Zoning Code
PART 10
PLANNED RESIDENTIAL DEVELOPMENT REGULATIONS
§ 27-1001 General PRD Purpose, Definitions and Eligibility.
[Ord. 1998-5, 7/20/1998, § 10.100]
1.
Purposes.
A.
To provide for 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 objective of that zoning ordinance.
B.
To encourage innovations in residential development so that the growing demand for housing may be met by greater variety and maximum choice in the type, design, and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.
C.
To provide, through the above innovations, greater opportunities for better housing and recreation for existing and potential residents of the Township.
D.
To encourage a more efficient use of land and services and to reflect changes in the technology of land development so that the economies secured may inure to the benefit of those who need homes.
E.
To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, wetlands, wooded areas, steeply sloped areas, areas of unusual beauty, and significant natural habitats.
F.
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 flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious, and fair administrative standards and procedures.
2. AVERAGE GROSS RESIDENTIAL DENSITY BOARD OF SUPERVISORS COMMON OPEN SPACE PRD DEVELOPMENT PLAN STAGE
Definitions. As used in this chapter the following words and phrases shall have the meaning indicated below:
The number of dwelling units per acre in a planned residential development computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development which are planned to be devoted to residential use. Street rights-of-way, designated wetlands and areas of slope greater than 30% shall not be utilized in calculating residential density.
The Board of Supervisors of Stroud Township is hereby designated as the official agency to give preliminary and final approval to applications for planned residential developments. Provided, however, that the Planning Commission of the Township shall give advisory recommendations on all such applications to the Township Supervisors.
A parcel or parcels of land or a combination of land or water area within a development site not including streets, off-street parking areas, private yard space, and areas set aside for nonresidential and public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved by the Supervisors and as are appropriate for recreational use or enjoyment by the residents of the development site:
The provisions for development of a planned residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this Part shall mean the written and graphic materials referred to in this definition.
A section or sections of a planned residential development in which a developer proposes to commence development at the same time, as indicated in the development plan for the PRD and as part of a timetable for development of a PRD over a period of years.
3.
Eligibility Requirements. An application for preliminary approval shall be eligible for preliminary approval when all of the following initial requirements are met:
A.
Planned residential developments are permitted as set forth in Schedule 27-I of this chapter.
B.
The proposed planned residential development shall consist of one or more contiguous parcels of land under single ownership and control.
C.
The proposed planned residential development shall contain a minimum of 25 acres of land.
D.
The proposed planned residential development shall be connected to public water and sanitary sewer systems where public water and sewer systems can feasibly be provided to the planned residential development site. Where public water and sewer systems cannot feasibly be provided to the planned residential development site the developer shall provide a centralized water supply and centralized sewer system serving the entire development.
§ 27-1002 Land Use and Density Requirements.
[Ord. 1998-5, 7/20/1998, § 10.200]
1.
Only residential uses and housing types permitted within the respective zoning districts shall be permitted within PRD's. However, exceptional house types may be proposed when the design offers some overriding advantages, such as: more effective site compatibility, esthetic considerations, ecological improvement, more efficient land use; and generally any combination of considerations leading to worthwhile trade-offs for the betterment of the community.
2.
Only residential uses and related community building, library, laundromat, recreation building shall be permitted in a PRD located in a residential zoning district.
3.
Land use density within planned residential developments shall be regulated by the following general standards:
B.
The percentage of the planned residential development site which is to be covered by buildings, roads, parking areas, and other impermeable cover shall not exceed 20% of the total site area.
C.
The percentage of the planned residential development site to be devoted to open space shall be no less than 25% of the total site area. Such open space shall be comprised of no more than 50% water area.
§ 27-1003 Site Analysis and Site Design Standards.
[Ord. 1998-5, 7/20/1998, § 10.300]
1.
Natural Features Analysis. In order to determine which specific areas of the total PRD site are best suited for high density development, which areas are best suited for lower density development, and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the site will be required to be submitted as part of the preliminary plan. The following subject categories must be included in this analysis:
A.
Hydrology. Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas, permanent high water tables areas, and seasonal high water table (within 18 inches of ground surface) areas throughout the site.
B.
Geology. Analysis of characteristics of rock formations underlying the site including defining aquifers (particularly those locally subject to pollution), shallow bedrock areas, and areas in which rock formations are unstable.
C.
Soils. Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion and soils suitable for urban development. The analysis of soils will be based on the County Soil Survey of the U.S. Soil Conservation Service.
D.
Topography. Analysis of terrain of site including mapping of elevation and delineation of slope areas over 30%, between 15% and 30% and under 15%.
E.
Vegetation. Analysis of tree and plant cover of the site, emphasizing the location of woodland and meadowland areas. Dominant tree and plant species should be identified and the characteristics of each understood.
F.
Micro-Climate. Analysis of seasonal temperatures, seasonal precipitation, seasonal prevailing winds, and daily hours of sunlight in specific areas of the PRD site.
2.
Community Impact Analysis. In order to determine the impact of the planned residential development upon the municipality, an analysis of the potential affects of the PRD upon public facilities, utilities, and roadway systems will be required to be submitted as part of the preliminary plan. A comparison the costs to the municipality versus the revenues to the municipality produced by the PRD shall be included in the analysis.
3.
Site Design Requirements.
A.
The natural features of the PRD site shall be a major factor in determining the siting of dwelling unit structures. The results of the natural feature analysis, in Subsection 1 shall be considered in the siting of all dwelling unit structures.
B.
Conventional siting practices such as building setbacks from streets and minimum distances between buildings may be varied in order to produce attractive and interesting arrangement of buildings.
C.
Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to open space wherever possible.
D.
Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the PRD and maintain privacy for residents adjacent to the PRD.
E.
Dwelling unit and other structures located within 200 feet of the perimeter of a planned residential development shall be designed so as to be architecturally and aesthetically harmonious with neighboring areas. Harmonious design means similar height, materials, colors, textures, and elements of style.
F.
Housing Site Design Requirements.
(1)
Dwellings may be provided for separate ownership, condominium ownership, other forms of cooperative ownership or rental.
(2)
Attached dwellings and multifamily buildings shall be arranged in groups or clusters without long unbroken facades. Buildings shall not be arranged in long rows parallel to street lines.
(3)
To create architectural diversity in the layout and character of a planned residential development, variations in building setbacks shall be encouraged.
(4)
The developer shall make provisions for the maintenance of buildings and associated yard areas planned for condominium ownership, or other forms of cooperative ownership. Such provisions shall be subject to approval of the Board of Supervisors.
(5)
All housing shall be designed with regard to the topography and other natural features of the site.
(6)
Housing shall be designed and sited so as to provide privacy between dwelling units.
(7)
Housing shall be designed and sited to avoid residential nuisance conditions such as headlights flashing into the interior space of homes.
(8)
The following requirements shall apply, except that the Supervisors may, upon the recommendation of the Planning Commission, vary these requirements where their strict application would be inconsistent with the purposes of this Part:
(a)
No structure shall be within 30 feet of curb or private access roads or street lines or within 20 feet of common parking areas.
(b)
No building shall be erected within 30 feet of any other building except:
(c)
In addition to the requirements of Subsection 3F(2), where side or rear walls of adjoining dwellings are opposite each other and both walls so facing contain window areas aggregating at least 10% of the surface area of the wall, such dwellings shall be separated by at least 50 feet.
(d)
No structures shall be located less than 50 feet from the planned residential development tract boundary lines.
4.
Open Space, Recreation Areas and Facilities.
A.
The location, shape, size, and character of the open space shall be provided in a manner consistent with the objectives set forth in this Part concerning the conservation of natural resources and the creative use of land to obtain a living environment of stable character, with natural feature constraints determined through the natural features analysis as described in Subsection 1.
B.
The uses authorized for the open space must be appropriate to the scale and character of the planned development, considering its natural features, size, land use intensity, potential population, and the number and types of dwelling units to be developed.
C.
Whenever possible open space shall be designed as a contiguous area interspersed with residential areas with pedestrian and visual access available to all residents of the PRD.
D.
Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings, and scenic views shall be incorporated into open space areas whenever possible. However, no less than 25% of the total open space area shall be suitable for intensive use as an active recreation area.
E.
Development of the PRD must be planned so as to coordinate the establishment of open space areas and the construction of dwelling units.
5.
Streets.
A.
The street system of the planned residential development shall be designed so as to:
(1)
Relate harmoniously with land uses within and adjacent to the PRD through the establishment of a hierarchy of roadway functions which includes collector and local streets.
(2)
Create a separation of automobile and pedestrian traffic through the coordinated design of streets, dwelling units, open space areas, and pedestrian walkways.
(3)
Create efficient and safe connections with the existing road system of the municipality in order to insure PRD proper ingress and egress.
(4)
Minimize through traffic in residential areas.
B.
Arterial, collector, local and local access streets abutting and within the PRD shall be so designated. These streets shall be designed and constructed according to standards and requirements within the Township Subdivision and Land Development Ordinance [Chapter 22]. Where site characteristics on community impact analysis indicate a need for greater or lesser right-of-way and cartway widths, the modifications may be authorized by the Board of Supervisors.
C.
In order to separate automobile and pedestrian circulation and to increase accessibility to open space areas, pedestrian walkways are required. The Board of Supervisors shall require sidewalks adjacent to streets in PRDs where housing types and densities of development warrant.
6.
Parking.
C.
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
D.
No more than 16 parking spaces shall be permitted in a continuous row without being interrupted by landscaping approved by the Board of Supervisors.
E.
No more than 60 parking spaces shall be accommodated in any single parking area.
7.
Lighting.
A.
All streets, off-street parking areas, and areas of intensive pedestrian use shall be illuminated in accordance with the Illuminating Engineering Society (IES) standards. All such lighting shall be designed and located so as to direct glare away from adjacent residences. Glare shall be defined as illumination from the proposed use in excess of 0.5 footcandle on adjacent properties zoned for commercial use and streets, and 0.2 footcandle on properties zoned for residential or rural residential use, measured at five feet from the property producing the illumination.
8.
Sewer and Water Utilities.
A.
Planned residential developments shall be provided with sanitary sewer systems through one 'of the following methods:
(1)
Connection to a public sewer system shall be required where a public sewer system can feasibly be provided to the PRD site.
(2)
Provision of centralized sanitary sewer system by the developer which serves the entire PRD where the public sewer system cannot feasibly be provided to the PRD site: Centralized sanitary sewer systems shall be designed and constructed in a manner that would permit connection to a public sanitary sewer system in the future: The design and construction of centralized sanitary sewer system shall conform to the current applicable standards of the State Department of Environmental Protection and Stroud Township.
B.
Planned residential developments shall be provided with water supply systems through one of the following methods:
(1)
Connection to a centralized water system shall be required. The capacity of the system shall adequately fulfill the water supply demands of the PRD and the required fire flows.
(2)
Provision of a centralized water supply system by the developer which serves the entire PRD. Centralized water supply systems shall be designed and constructed in a manner that would permit adequate connection to a public water supply system in the future. The design and construction of a centralized water supply systems shall conform to the current applicable standards of the State Department of Environment Protection and Stroud Township.
(3)
Applicants shall present evidence to the Board of Supervisors that the planned residential development is to be supplied water by a certified public utility, by a municipal corporation, authority or utility or by a bona fide cooperative association of lot owners. 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, whichever is appropriate, shall be acceptable evidence.
9.
Soil Erosion Control and Storm Drainage.
A.
The PRD shall be designed and constructed so as to minimize site disturbance and earthmoving. The results of the natural features analysis shall be taken into account in determining areas suitable for site clearance and earthmoving.
B.
Where site disturbance and earthmoving are necessary, erosion control measures shall be undertaken in accordance with standards set forth by the Monroe County Conservation District.
C.
The storm drainage system for a planned residential development shall be designed and constructed so as to minimize erosion and flooding, using as necessary, drainage easements, swales, catchment basins, silt traps, culverts and the design of cartways so as to minimize runoff. The determinations of the site analysis of natural features shall be taken into account in designing and constructing the storm drainage system. The design and construction of the system shall be consistent with the design and improvement standards for storm drainage set forth in the Township Subdivision and Land Development Ordinance [Chapter 22] and in the McMichael Creek, Brodhead Creek or any other stormwater ordinance adopted by the Township.
§ 27-1004 Tree Conservation and Landscaping.
[Ord. 1998-5, 7/20/1998, § 10.400]
1.
Existing trees shall be preserved wherever possible: The protection of trees six inches or more in diameter (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities; walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
2.
Where extensive natural tree cover and vegetation does not exist, landscaping shall be regarded as an essential feature of the PRD. In these cases extensive landscaping shall be undertaken in accordance with §§ 27-602 and 27-603 of this chapter in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units.
3.
Utilities. Telephone, electric, and cable TV utilities shall be installed underground.
4.
Refuse Removal. Refuse stations to serve residential, recreational, and commercial areas shall be designed with suitable screening, and located so as to be convenient for trash removal and not offensive to nearby residential areas.
§ 27-1005 Ownership, Maintenance, and Preservation of Open Space.
[Ord. 1998-5, 7/20/1998, § 10.500]
1.
The developer shall make provisions which insure that the open space land shall continue as such and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance, and preservation of open space which shall conform to the following standards and procedures:
A.
The organization shall be established by the developer before the sale or rent of dwelling units in the PRD.
B.
The form, financial capability, rules of membership, and methods of cost assessment of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation, and the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization.
C.
The organization shall be responsible for maintenance, preservation and improvement of open space areas.
D.
The organization shall have or hire adequate staff to administer common facilities and maintain the open space.
E.
Public dedication of open spaces-an offer of dedication of open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas, and accepted by the Township shall constitute a fulfillment of responsibility for providing and maintaining open space areas. The Township shall not be required to accept the land offered for public dedication.
§ 27-1006 Development in Stages.
[Ord. 1998-5, 7/20/1998, § 10.600]
1.
A planned residential development may be developed in stages if the following standards are met:
A.
The location and approximate time of construction of each stage are clearly marked on the development plan.
B.
At least 15% of the dwelling units in the development plan are included in the first stage.
C.
The second and subsequent stages are completed consistent with the development 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 dwelling units included in the development plan.
D.
To encourage flexibility of housing density and design in accord with the purposes of this chapter, gross residential density may be varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential density for the entire planned residential development must be offset by a gross residential density in a completed prior stage which is less than the permitted average gross residential density for the entire planned residential development, or there must be an appropriate reservation of common open space on the remaining land by a grant of easement or covenant in favor of the municipality, which specifies the amount and, if necessary, the location of the open space.
§ 27-1007 Procedural Requirements.
[Ord. 1998-5, 7/20/1998, § 10.700]
1.
Application for Preliminary Approval.
A.
The application for preliminary approval shall be executed by or on behalf of the landowner and filed with the Board of Supervisors. An initial deposit in the amount set within the Township's fee schedule shall be paid upon filing of the application to the applied against the expenses of processing the application and additional deposits shall be made from time to time as requested by the Board of Supervisors, not to exceed actual expenses incurred by the Township.
C.
Required documentation shall include, but not be limited to, materials illustrating the following information:
(1)
The location, size, and topography of the PRD site.
(2)
The nature of the landowner's interest in the planned residential development. Names and addresses of principals and major shareholders of any applicant corporation.
(3)
The proposed land use areas within the PRD, distinguishing between types of residential, nonresidential, and open space uses. Existing and proposed water bodies and wetlands should be delineated.
(4)
The land use density of each land use within the PRD and the average gross residential density for the entire planned residential development.
(5)
The use and the approximate height, bulk, and location of buildings and other structures.
(6)
The location, function, size ownership, and manner of maintenance of the common open space.
(7)
The location, rights-of-way, and cartway widths of proposed streets, and the location and capacity of areas for the parking of vehicles.
(8)
The feasibility of proposals for sanitary sewerage, water supply, and stormwater disposition systems.
(9)
The proposed location of all underground utility lines.
(10)
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 open space areas and public utilities, and the legal form of provision thereof.
(11)
In the case of plans which call for development in stages, a schedule showing the approximate time within which applications for final approval of each stage of the planned residential development are intended to be filed and the approximate number of dwelling units, types of dwelling units, and gross residential density for each type of dwelling unit planned for each stage. The schedule shall be updated annually on the anniversary of submission for preliminary approval.
D.
Application for preliminary approval shall include the following plans and documents necessary in order for the official review agencies to determine the adequacy of the proposals indicated above:
(1)
A site map or maps at one inch equals 50 feet or at one inch equals 100 feet delineating the hydrology, geology, soils, topography, and vegetation of the site as explained in § 27-1003.
(2)
Documents indicating the impact of the completed planned residential development upon public facilities, utilities, roadway systems and existing development. Projections as to the number of school children in the PRD and the vehicular traffic generated by the PRD shall be included. Projections as to the required water supply capacity and wastewater volumes generated by the PRD shall be included. The projected municipal costs of the completed PRD shall be compared to projected municipal revenues from the PRD.
(3)
A site plan at one inch equals 50 feet or at one inch equals 100 feet illustrating the following information:
(a)
Existing contour lines at vertical intervals of not more than two feet for land with average natural slope of 10% or less, and at intervals of not more than five feet for land with average natural slope exceeding 10%.
(b)
Types and approximate location of all buildings.
(c)
Right-of-way, cartway widths, and approximate locations for all streets and proposed connections with the public street system. Approximate location and size of all parking areas.
(d)
Approximate location of all open space areas indicating size, nature of facilities, uses, and structures, if any.
(e)
Approximate location, size, and material of all sanitary sewer, water supply, and storm drainage system lines; and, any proposed connection to existing public facilities.
(4)
A plan at one inch equals 400 feet illustrating the relation of the proposed planned residential development to the surrounding area and all existing development within 1,000 feet of the PRD.
(5)
In the case of plans which call for development in stages, a plan at one inch equals 100 feet delineating each stage or section of the PRD consecutively numbered so as to illustrate phasing of development.
(6)
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's Comprehensive Plan.
(7)
One copy of every application for preliminary approval received by the Board of Supervisors shall be promptly forwarded by the applicant to the Monroe County Planning Commission for study and recommendation as required by law.
E.
Public Hearings. Within 60 days after the filing of a complete application for preliminary 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 (in the manner prescribed in this chapter) for the enactment of an amendment. The Chairman, or, in his absence, the acting Chairman, of the Board of Supervisors 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.
A verbatim record of the hearing shall be caused to be made by the Board of Supervisors whenever such records are requested by any party to the proceedings; but 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.
F.
Findings.
(1)
The Board of Supervisors shall, by official written communication to the landowner, within 60 days following the conclusion of the last public hearing provided for in this Part, either:
(2)
Failure to so act within said period shall be deemed to be a grant of preliminary approval of the development plan as submitted. In the event, however, that preliminary 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 agency of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied preliminary 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, preliminary approval of the development plan, with all said conditions, shall stand as granted.
(3)
The grant or denial of preliminary 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 open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the open space, and the adequacy or inadequacy of the amount and purpose of the 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, the proposed planned residential development to the neighborhood in which it is proposed to be established.
(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 the residents of the planned residential development in the integrity of the development plan.
(4)
In the event a development plan is granted preliminary approval, with or without conditions, the Board of Supervisors shall set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the period 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 preliminary approval and an application for final approval shall not be less than three months and, in case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
G.
Status of Plan after Preliminary Approval. The official written communication provided for in Subsection 1F of this section shall be certified by the Secretary of the Board of Supervisors and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where preliminary approval has been granted, the same shall be noted on the Zoning Map.
Preliminary 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 preliminary approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the preliminary approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application 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 preliminary approval.
In the event that a development plan is a given preliminary 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 preliminary 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 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 Township Secretary.
2.
Application for Final Approval.
A.
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the preliminary approval, a section thereof. Said application shall be made to the Board of Supervisors and within the time or times specified by the official written communication granting preliminary approval. If the application for final approval is in compliance with the preliminary approved development plan, a public hearing need not be held.
B.
The application for final approval shall include a final plan at a scale of 50 feet to the inch. If the final plan is drawn in two or more sections, a key map showing the location of the several sections shall be placed on each sheet. The final plan shall show the following:
(1)
Name of the planned residential development and the municipality or municipalities in which it is located.
(2)
Name and address of the landowner and developer.
(3)
North point, graphic scale, and date.
(4)
Source of title to the land of the development as shown by the books of the Recorder of Deeds.
(5)
Accurate boundary lines, with dimensions and bearings, which provide a survey of the tract, closing with an error of not more than one foot in 10,000 feet.
(6)
Total number of lots, lot lines, and lot numbers, where applicable, within the development with distances accurate to the nearest hundredth of a foot.
(7)
Total acreage of development, land uses in each area, total number of dwelling units, number of each type of dwelling unit, average gross residential density, and gross residential density in each section.
(8)
Building coverage lines accurately locating all types of dwelling units, and nonresidential structures, giving dimensions of the structures, distances between the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest hundredth of a foot.
(9)
Accurate dimensions of open space areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where open space areas are to be developed, the exact location of structures in open space areas will be illustrated. The location of all water bodies including wetlands shall be delineated.
(10)
Names, locations, cartways, rights-of-way, and other dimensions of existing and proposed streets including center line courses, and curve data.
(11)
Locations and dimensions of parking areas and pedestrian walkways.
(12)
Location and material of all permanent monuments and lot markers.
(13)
Location and dimensions of easements for utilities and any limitations on such easements.
(14)
The following certificates:
(a)
Certification with seal and signature, by a registered engineer or land surveyor to the effect that the survey and plan are correct.
(b)
Certificate for approval by the Board of Supervisors.
(c)
Certificate of dedication of streets, public facility sites, or open space when such dedication is proposed.
(15)
In the case of a planned residential development proposed to be developed over a period of years final plan requirements as listed in Subsections 2B(6) through (13) above will apply only to the section for which approval is being sought. However, the final plan presented for the section to be developed must be considered as it related to information regarding densities and types of dwelling units, location of open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in the application for preliminary approval.
C.
The final plan shall be accompanied by the following materials:
(1)
Final drawings for the installation of all improvements based on § 27-1003 of this chapter and Part of the Township's Subdivision and Land Development Ordinance [Chapter 22]. Final profiles and cross-sections for street, sanitary sewer, water supply, and storm drainage system improvements shall be presented. Each system shall be illustrated on one or more separate sheets.
(2)
Architectural drawings illustrating exterior arid interior designs of typical dwelling units of each type and nonresidential structures to be constructed.
(3)
All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. These shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.
(4)
Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the final plan.
(5)
Such certificates of approval by authorities as have been required in this chapter, including certificates approving the water supply system and the sanitary sewer system.
4.
Procedure after Application for Final Approval.
A.
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this chapter and the official written communication of preliminary approval, the Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval.
B.
In the event the development plan as submitted contains variations from the development plan given preliminary 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:
(1)
Refile his application for final approval without the variations objected.
(2)
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 chapter for public hearings on applications for preliminary approval. Within 30 days after the conclusion of the last 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 and contain the findings required for an application for preliminary approval set forth in this chapter.
C.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the governing body and shall be filed of record within 90 days after final approval has been granted in the office of the County 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 period of five years 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.
D.
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 or of that part thereof, within a period of five years after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in this chapter.
§ 27-1008 Enforcement and Modification of Provisions of the Plan.
[Ord. 1998-5, 7/20/1998, § 10.800]
1.
To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to insure that modifications if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise shall be subject to the following provisions:
A.
The provisions of the development plan relating to (1) the use, bulk and location of buildings and structures, (2) the quantity and location of common open space, except as otherwise provided in this chapter, and (3) the intensity of use or the density of residential units, shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers of regulation otherwise granted the Township by law.
B.
All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, maybe enforced by law or equity by said residents acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed, or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions: (1) no such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section; (2) no modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the Board of Supervisors or its designated agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this chapter, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
D.
Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this section.