Thornbury Township City Zoning Code
ARTICLE 26
PLANNED RESIDENTIAL DEVELOPMENT
§ 27-2601 Purposes.
[Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, § 501]
1.
The provisions of this article are enacted:
A.
To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may inure to the benefit of those who need homes.
B.
To encourage more flexible land development which will respect and conserve natural resources such as soils suitable for agriculture, streams, lakes, floodplains, wetlands, ground water, wooded areas, steeply-sloped area; historic sites and areas of unusual beauty or importance to the natural ecosystem.
C.
To provide greater opportunities for better housing, recreation and the conservation of land for all who are or will be residents of the Township.
D.
To encourage innovations in residential development and renewal so that the demand for housing may be met by a greater variety in type and design of dwellings, which minimize energy consumption; maximize recycling of materials in their layout, transportation, climate control, energy sources, and solid and liquid waste treatment systems; and conserve land with efficient use of open space ancillary to said dwellings.
E.
In aid of these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.
§ 27-2602 Definitions.
[Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, § 502; and by Ord. 5-1998, 7/1/1998, § 1]
As used in this article, the following words and phrases shall have the meaning indicated below:
A landowner or developer, including his heirs, successors and assigns, as hereinafter defined, who has filed an application for development.
The number of dwelling units per acre in a planned residential community, computed by dividing the number of dwelling units that the applicant proposes to construct by the number of acres in the development which are not to be devoted to commercial use, existing and proposed streets, right-of-way areas and service areas. If the developer is required to dedicate land for school sites or other public facilities, such land shall be included in the total land area used in computing maximum permissible average gross density. If he is required to set aside land for such purposes, it shall not be included in the computation of average gross density. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the dwelling units in the planned residential development, then, at the option of the Township, the land may be used for residential purposes, subject to the provisions of this article.
A natural terrain or landscaped area which is required to ensure a screened separation of land uses, and which may be supplemented by planting strips, defined herein. Shall equal natural buffer area plus planting strip area.
The Comprehensive Plan for Thornbury Township dated November 16, 1972, as amended, revised, or supplemented.
A plan accompanying and forming a part of the preliminary and final plan detailing the developer's measures to be taken for protection of stream channels, steep slopes, floodplains, wetlands, major trees and tree stands, other important natural features, erosion and sedimentation control, and all other information required under § 27-2605, Subsection 7, of this article.
A commercial operation such as a small food market or delicatessen, drug store or newsstand, designed and intended solely to serve the residents of the planned residential development.
Any landowner, agent of such landowner or tenant having permission from a landowner, who makes or causes to be made an application for approval of a development plan.
A proposal for the development of a planned residential development, prepared in accordance with this article, including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of building and other structures, intensity of use or density of development, streets, rights-of-ways and parking facilities, open space and public facilities. The phrase "provisions of the development plan" when used in this article shall mean both the verbal and graphic materials referred to in this planned residential development ordinance.
A room or series of connected rooms wholly used for residential purposes and containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require passing through another dwelling or other indirect route(s) to get to any portion of the dwelling, nor shall there be sharing of facilities with other housekeeping units.
A residential dwelling unit designed to accommodate a single household and having yard space on all sides, but not including mobile homes.
A single-family dwelling unit sharing one common wall with an adjoining single-family dwelling, with each such dwelling having independent outside access, an individual front yard, an individual rear yard, and an individual side yard.
A building containing three or more dwelling units, including townhouse (single-family attached) and garden apartment (multi-family attached).
A single-family attached dwelling unit, separated by a sound-proof and firewall along a lot line/party wall, extending from the ground to the roof line, having independent outside access from the front and rear of the unit, situated in a building of not less than three units nor more than six units.
A building or group of buildings designed as a single architectural and maintenance project that is not greater than 25 feet in height and contains no less than six dwelling units nor more than 12 dwelling units separated by sound-proof party walls. No portion of any such building or buildings below the first floor or above the second floor shall be included as habitable floor area, nor shall there be common hallways. Each unit shall have independent outside access and may share common yard areas.
A complete and exact subdivision or development plan or plat, prepared for official recording as required by statute, that provides all information required under § 27-2607.
The legal or beneficial owner or owners of land, the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or any other person having proprietary interest in the land.
A facility, which may be age restricted, providing or offering nursing services and other medical services and/or assistance or supervision, skilled or otherwise, as well as other services such as meals, laundry, housekeeping, social and recreational services to the residents of the facility. Facilities providing for assisted living shall be included herein. Facilities for surgical or obstetrical services shall not be considered included under this definition, nor shall hospitals.
A common area or areas of land or water or a combination of land and water intended to be left open and free of any buildings or structures, including utilities such as water, sewer and stormwater facilities, not related to open space recreational use, designed either for active or passive use by the residents of the development and/or the Township and which presents no problems of health, safety and general welfare, and which shall consist of landscaped or natural terrain, including lakes, streams, fields, woods, forests, passive recreation and active recreation areas (including, but not limited to, swimming pools, ball fields, trails and pathways), areas of historical significance and tract buffers. Open space shall be substantially free of structures, but may contain such improvements that are in development plans as finally approved, existing sites which are historic in nature or appropriate for recreational use by the residents. Open space shall not include service areas, the convenience commercial area, sewage treatment plants, private yards, street rights-of-way, utility easement areas, setback areas, private yard area or off-street parking areas required for any uses permitted hereunder. Open space shall be deed restricted against any use other than as herein defined.
A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units. Although it shall follow the letter and intent of the comprehensive plan, the development plan of such land does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established by any one residential district created from time to time under the provisions of this chapter 27. Reference § 27-2603, Subsection 1.
A landscaped area of the suggested width and length of plant material that is of sufficient density and height so as to constitute an effective visual screen. Such strips can supplement natural buffers and shall be planted with a variety of plant materials so as to be aesthetically pleasing.
The map or plan of subdivision and land development, whether sketch, preliminary, or final.
A tentative subdivision or development plan, less detailed than a final plan, that provides all the information required under § 27-2605.
A plan indicating site improvements to satisfy the active and passive recreational needs of the planned residential development residents.
Includes private lot area and parking area.
A group of private residential dwelling units specifically restricted to retired or elderly persons, over the age of 55, or in the case of spouses, where at least one spouse is over the age of 55, living independently, without skilled or other nursing care or supervision. Said dwellings may be of any combination of single or multiple family dwelling type as defined in § 27-201 of this chapter.
Either a centralized system which is a development-wide system designed to collect, centrally treat and dispose of sewage from the development, or a public system serving a portion of a municipality or municipalities administered by a governmental agency, authority or commission.
A geographical area or tract which is part of the proposed planned residential development which will be developed according to a timetable for development over a period of years included by the applicant in the development plan.
Any sewage or water facility either mechanical or structural.
The area to be designated on any plan as separating buildings or groups of buildings and/or the area separating parking areas and loading zones from buildings or groups of buildings. Setback areas also include the area separating a building or a group of buildings or their parking areas from either a collector or secondary road when the separating distance is less than 100 feet from the cartway.
A plan which includes, but is not limited to, a series of schematic maps or generalized plans of a proposed development for the purpose of allowing informal and non-binding guidance to the developer/applicant from the official review agencies of the Township.
An unified portion of a timetable for development of a planned residential development over a period of years.
An area of land comprised of one or more continuous lots having sufficient dimensions, street frontage and areas to meet the requirements of this article for the use or uses intended.
Thornbury Township, Delaware County, Pennsylvania.
Either a centralized system which is a development-wide system designed to supply and/or transmit water from common source to residents or a public system serving a portion of a municipality or municipalities administered by a governmental agency, authority or commission.
§ 27-2603 Eligibility Classification.
[Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, § 503; by Ord. 8-1997, 10/1/1997, § I, 11; and by Ord. 5-1998, 7/1/1998, § 2]
1.
The Board of Supervisors shall neither consider nor approve an application for a planned residential development classification unless the following conditions are met:
A.
The planned residential development consists of a contiguous land tract of at least 100 acres that is zoned Planned Residential Development in accordance with this chapter.
(1)
In the event that development of a planned residential development is proposed hereunder concerning any part or portion of a tract zoned PRD-3, less than the entire tract acreage, the minimum part or portion of the tract which may be developed hereunder shall be at least 25 acres.
B.
The development must be capable of being served by a sanitary sewer system and water supply system.
C.
The development must have direct access to major and minor arterial or collector roadways in the Township, as designated in the circulation section of the Township's Comprehensive Plan.
D.
The development must provide no less than 50% of the total tract areas as open space with guaranteed maintenance.
E.
The proposed development is found to be consistent with the Comprehensive Plan for Thornbury Township.
F.
In addition to meeting the conditions for eligibility, the developer/applicant will be required to submit a sketch plan, herein defined, to the Township Secretary (for distribution to the Planning Commission and the Board of Supervisors) prior to classification of the said property as a planned residential development.
(1)
The submission of a sketch plan is essential for the Township's Planning Commission and Board of Supervisors to adequately and appropriately respond to the needs, wishes, and desires of the community and to offer informal and non-binding guidance to the prospective developer of a PRD and to ensure compatibility of the proposed development with public safety and the rural setting of the Township.
(2)
The sketch plan shall include, but not be limited to, a series of schematic maps or generalized plans of the proposed subdivision (development) that indicates:
(a)
Significant horticultural, historical or physical site characteristics, including buildings, streams, stands of trees, swampy or high water table areas, ravines, rocks, etc. This plan also shall designate unsuitable or unbuildable portions of the site, which may include floodplains, wetlands and steep slopes.
(b)
Topography of the site - where slope of site is less than 5% use two-foot contours; where greater, use ten-foot intervals.
(c)
Existing and proposed storm drainage system and structures, such as swales, culverts, etc.
(d)
Proposed method and location of sanitary waste disposal and water supply.
(e)
Location and use of existing structures on site and on adjacent property within 200 feet of boundaries, with dimensions.
(f)
Housing types, densities, location and use of proposed residential units on the site.
(g)
Design concepts including architectural renderings of the proposed residential and commercial structures, uses within the development, street, road and highway configurations, vehicular and pedestrian circulation patterns, open space, parking facilities, buildings and any other design component required by the Township that will illustrate the feasibility of the development.
(h)
Existing vehicular and pedestrian circulation systems in the immediate areas of the site, as well as those proposed for the development.
(i)
A key map showing the property in relation to the general area of the community.
(j)
The names of the municipality, the county, the owner/applicant, the project, and the person who prepared the sketch plat, date of preparation, north arrow, scale, zoning district where located, and appropriate tax, block, and lot numbers.
G.
The sketch plan shall be drawn to a scale of one inch equals 100 feet and of sufficient accuracy to be used for discussion and classification.
H.
The applicant shall provide the Board of Supervisors with such additional documentation and information as required to aid them in their consideration of a proposal for eligibility classification of a PRD-3.
I.
As part of this sketch plan stage, the landowner/applicant, the Board of Supervisors, the Township Planning Commission and the Delaware County Planning Commission may consult informally concerning the proposed planned residential development prior to the filing of an application for preliminary approval, provided that no statement or representation by a member of the official review agency or of the planning agencies may be binding upon the Township.
J.
General disapproval of a proposed PRD during a sketch plan review shall not preempt a developer from applying for preliminary approval as specified in this article.
§ 27-2604 Development Standards.
[Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, § 504; by Ord. 5-1998, 7/1/1998, § 1, 4; and by Ord. 2-2005, 7/6/2005]
1.
Permitted Uses. A planned residential development may include residential uses consisting of single-family detached dwelling units, single-family semi-detached (two family) and attached (townhouse) dwelling units, and/or garden apartments, and, to the extent they are designed and intended primarily to serve the residents of the planned residential development, recreational, commercial and public school uses and service facilities such as sewage treatment and community water supply. In the PRD, a maximum of 10% of the total permitted dwelling units may be garden apartments, a minimum of 50% and maximum of 75% of the permitted units shall be single-family detached, and the remainder shall be in townhouse units or single-family semi-detached units.
A.
Upon conditional use application to and approval by the Board of Supervisors, dwelling units in the form of retirement communities and nursing facilities may be substituted in the uses permitted herein. The retirement community and nursing facility shall meet the following standards:
(1)
Retirement communities, in addition to the uses defined in § 27-2602, above, may include a community center in which any of the following accessory uses may be permitted for the convenience of residents and their guests:
(2)
The maximum gross density shall be four dwelling units per acre.
(3)
There shall be a minimum of a one-hundred-foot setback from all tract boundaries in which no structure shall be located. The landscaping and buffer provisions under Subsection 4M shall be incorporated within setback areas.
(4)
The building height shall be restricted to 35 feet except the Board of Supervisors may, after consideration by the Planning commission at the request of the developer, modify height limitations of a structure to 65 feet where it is demonstrated that the modification is compatible with the intent and purposes of the ordinance and where the sight angle of the building from the center line of the roadway or the property line or line limiting the retirement and health care facility use upon which the units front or abut will not be greater than the sight angle of that of a building of 35 feet in height at a minimum setback of 100 feet from the roadway or the property line, as measured from the horizontal. Such sight angle and distance shall be that which is approved by the Township Engineer.
(5)
Building coverage shall not exceed 40%, and impervious coverage shall not exceed 50%, of the tract area being developed for the retirement community, or the entire tract if the entire tract is being developed for the retirement community.
(6)
All other provisions of this chapter shall apply to retirement communities.
(7)
The following provisions shall apply to any nursing facility permitted by this chapter:
(a)
The maximum gross density within a nursing home shall be five dwelling units to the acre. For the purpose of this article, three beds for patients, residents and/or staff person use provided within the medical facility shall be deemed the equivalent of one dwelling unit:
Gross Density | Five Dwelling Units Per Acre | |
|---|---|---|
Impervious Coverage | 50% (maximum for tract devoted to nursing facility) | |
Building Coverage | 40% (maximum for tract devoted to nursing facility) |
(b)
Nursing facilities shall have off-street parking provided at one space for every four beds.
(c)
Nursing facilities shall be set back a minimum of 100 feet from any property line, street line, right-of-way line or line marking the retirement and health care facility use.
(d)
All other provisions of this chapter shall apply to nursing facilities.
2.
Density.
A.
The maximum allowable average gross residential density for planned residential developments shall be 2.5 dwelling units per acre of land, excluding 1/2 of the areas designated as floodplain.
B.
Commercial development, comprising no more than 2% of the total tract, shall be allowed, at only one location after having been shown by expert analysis that the needs of the resident population of the planned residential development will be adequately addressed by such development. Some suggested commercial uses are convenience stores and retail, professional and personal services.
C.
Not less than 50% of the total tract area the planned residential development shall be designated as and devoted to open space. Not more than 50% of floodplain can be included as open space.
(1)
Not less than 4% of the total tract shall be designed for active recreation areas to benefit the residents of the planned residential development. Such recreational areas shall consist of all-purpose playing fields, tennis courts, or the like, and shall be situated on land of less than 6% slope, unless permitted otherwise by the Board of Supervisors.
(2)
Any land parcel designated as open space shall have a continuous area of not less than one acre, and shall be accessible to all residents of the PRD and/or the Township.
(3)
The configuration of any parcel of open space shall provide for a minimum width of 100 feet, with an easement for access of at least 30 feet in width.
(4)
Not more than 5% of the total area of designated open space shall be covered by impervious surfaces; and not more than 50% of any individual parcel of open space shall be covered by impervious surfaces.
(5)
Open space shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles providing a maximum of accessibility to the residents of a development area.
(6)
The active open space shall be made usable and physically prepared for playgrounds, playing fields and/or other active recreation activities and/or like facilities.
(7)
Whenever possible and practical, the open space designated within a development area shall be arranged so as to encompass a single land parcel or minimum number of parcels, linked by a common means of circulation and access; and, it shall be contiguous to the developed area and not separated from it by existing roads unless safe pedestrian access can be demonstrated.
(8)
Whenever possible and practical, the designated open space shall be arranged to maintain contiguity with other designated open space areas or similar areas on adjacent lands, either by direct contact or some common means of circulation and access. Where deemed appropriate by the Board of Supervisors, open space areas shall be designed to accommodate pedestrian pathways to be available for general public use, in order to insure the potential for a contiguous open space network throughout the Township.
(9)
The open space area shall contain no structure other than structures specifically relating to recreational use and historic buildings and structures.
(10)
All designated open space shall be accurately and conspicuously delineated, depicted and otherwise noted on a map of the subject tract and shall be differentiated as to its area and use as active or passive open space.
(11)
The open space, where possible, shall be arranged to preserve:
(12)
A program for the ownership of the proposed open space, which will secure proper maintenance and preservation thereof for open space purposes, which program may include, but shall not be limited to, one or more of the following alternatives:
(a)
The creation of an organization or organizations comprised of property owners within the PRD which organization meets the requirements of Subsection 2 this section and/or the provisions of the Uniform Planned Community Act, 68 P.S. § 5101 et seq., as applicable. Such organizations shall not be dissolved nor shall they dispose of any open space which they may own by sale or otherwise, without first offering to dedicate same to the Township.
(b)
Continuing ownership by the original applicant, his successors or assigns.
(c)
Dedication of the open space to the Township, upon agreement and acceptance of the Township.
3.
Residential Design.
A.
Architectural Plans. All dwelling units shall be compatibly designed in relation to other units in a building particularly with respect to the use of exterior building materials, roof lines and design, alteration of unit width, front facade setbacks, fenestration and other design elements. Each community shall have a minimum of three harmonious architectural facades. No two adjacent buildings shall have similar architectural facades.
B.
Building Offsets. Single-family detached, single-family semi-detached, townhouse and garden apartment structures shall be so arranged as to avoid a continuous linear mass of building frontages. Setbacks shall be varied and multi-dwelling structures, where practicable, shall be offset or skewed in relationship to each other, roadways or parking areas.
(1)
Where single-family detached units or single-family semi-detached units are proposed, front building lines for adjacent units shall be varied by a minimum of four feet to avoid a linear row development.
(2)
In all front elevations of multi-dwelling structures, there shall be no more than two units in any unbroken line. A minimum offset of four feet shall be required along the front building line.
C.
Building Orientation. No building shall be situated so as to face the rear of any building within the development or adjacent properties unless there is provided a minimum distance of 150 feet between said building or there is an intervening visual, permanent and all season screen, buffer or barrier separating the buildings, and acceptable to the Township.
D.
Sheltered Parking. All residential units are to include sheltered parking space(s) attached to or within the structure and providing for a minimum of one vehicle. In addition, all such dwelling units shall include a secure storage area of at least 40 square feet directly accessible from the outside by a door at least three feet in width.
E.
Private Drives. Where there are adjacent drives servicing two dwelling units, a median strip, with a minimum width of three feet, shall be constructed along the center of the driveway and landscaped with low growing evergreen shrubbery. Joint responsibility for the maintenance of the median strip shall remain with the adjacent property owners, and further governed by the by-laws and regulations of the homeowner association.
F.
Construction. The construction of all dwelling units shall comply with the requirements of state, county or Township agencies, and in strict accord with BOCA particularly as it concerns itself with the origin and spread of fire.
4.
Site Design, Bulk, and Location Standards.
A.
General Site Design.
(1)
A well planned residential development, integrated with existing social and natural processes, and making efficient use of common services, should be an asset to the community. The site designer and architect, working together, must demonstrate to the satisfaction of the Township Supervisors that they consider both the opportunities provided and the constraints imposed by the existing natural and social features both on and off the site of the proposed development, in the determining site layout (including the selection of areas for open space) and design of structures. Each must consider, for example, the effects of prevailing winds, seasonal temperatures and hours of sunlight in both site design and architecture.
(2)
In order to determine which specific area of the total planned residential development 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 physical and natural features of the site and the Township Comprehensive Plan will be required. The information from this analysis, submitted during the sketch plan, preliminary, and final approval stages, shall include but not be limited to, areas of concern such as hydrology, geology, soils, topography, vegetation and wildlife, green belts, and micro climate.
(3)
The Board of Supervisors shall require site planning to be in accordance with the results of such analysis, and may require modifications where, in its opinion, site planning has been insufficiently attentive thereto.
B.
Site Design.
(1)
All housing shall be designed with regard to the topography and natural features of the site.
(2)
All housing shall be sited so as to enhance privacy and ensure natural light for all principal rooms.
(3)
Variations in setbacks shall be provided where necessary to create a more pleasing layout.
(4)
Housing and other facilities near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring areas.
(5)
The maximum height of any structure within the planned residential development shall be limited to 35 feet.
(6)
No single-family structure shall be less than 150 feet from tract boundaries except that where the property line abuts an existing Township or state maintained road, no structure shall be less than 110 feet from the center line of such road. The Board of Supervisors may require that multi-dwelling structure within the planned residential development be located at greater than 150 feet setbacks from tract boundaries in order to protect the neighboring areas. Generally, the greater the bulk of the structure, the greater the setback should be.
(7)
There shall be no more than six single-family attached dwelling units in a row, and no structure shall be within 50 feet of any other structure.
(8)
The maximum linear frontage of any multi-dwelling structure shall not exceed 160 feet.
(9)
Zoning Criteria.
Minimum Yard Requirements | Minimum Lot Requirements | |||||
|---|---|---|---|---|---|---|
Front | Side | Sides-(2) | Rear | Frontage Width | Depth | |
One-family | 35 | 20 | 50 | 35 | 100 | 100 |
Two-family | 25 | 20 | 50 | 35 | 125 | 125 |
Townhouse-end | 25 | 20 | 50 | 25 | 100 | |
Townhouse-middle | 25 | 50 | 25 | 100 | ||
Apartments (total) | 25 | 20 | 50 | 25 | 100 | |
Minimum Areas Area-net square feet | |||
|---|---|---|---|
Dwelling Unit | Lot | ||
One-family | 1,800 SF/DU | 10,000 SF | |
Two-family | 1,500 SF/DU | 10,000 SF | |
Townhouse | 1,200 SF/DU | 2,500 SF | |
Apartments (total) | 900 SF/DU | ||
Tract Layout | ||
|---|---|---|
Area 100 Acres (Minimum) | ||
Open Space | 50% of area (minimum) | |
Active Open Space | 4% of area (minimum) | |
Commercial | 2% of area (maximum) | |
Gross Residential Density | 2.5 units/acre (maximum) | |
One-family dwellings | 50% minimum/75% maximum | |
Two-family & Townhouse dwellings | 15% maximum/50% maximum | |
Apartments | 10% maximum | |
Tract Spacing - Minimum distances Between | ||||
|---|---|---|---|---|
R/W Access Roads | Parking Areas | Existing State Roads C/L | Adjacent Property | |
One-family | 50 | 50 | 110 | |
Two-family | 50 | 150 | ||
Townhouse | 50 | 150 | ||
Apartments | 50 | 150 | ||
Sewage Plant/Lines | 150 | |||
Plantings | 5 | |||
Buffer | 50 | 100 | ||
Access Roads | 50 | |||
Traffic Arterial | 50 | |||
C.
Supplemental Nonresidential Facilities. Supplemental facilities for commercial services serving solely the residents of the planned residential development and for recreational purposes may be provided within a planned residential development, based upon the following requirements:
(1)
A commercial area and recreational facilities with proper service access within a planned residential development shall be located so as not to interfere with nor create noise and light nuisances for nearby residential areas.
(a)
The convenience commercial area shall be located within the PRD's interior so that it shall not visually intrude upon the Township residents who reside outside the PRD tract and so that it shall be intended solely to serve the residents of the said PRD.
(b)
All convenience commercial facilities shall be architecturally compatible with residential structures to be erected within the planned residential development.
(c)
All such commercial facilities shall have hours of operation and start no earlier than 7:00 a.m. and end no later than 10:00 p.m.
(d)
In the convenience commercial area, maintenance, which includes but is not limited to landscape elements, removal of solid waste and litter, and site improvements, shall be the responsibility of the lessees and/or owner of the commercial facilities.
(e)
Site design of the convenience commercial area shall be approved by the Planning Commission and the Board of Supervisors in accordance with the design standards for such facilities as contained elsewhere in the municipal ordinances of Thornbury Township.
(2)
Refuse stations shall be designed with a suitable visual barrier planting strip and fencing, located where convenient for trash removal, that shall not be offensive to nearby residential areas.
(3)
Recreational facilities may be located within required open space areas provided, however, that no building shall be constructed within a floodplain area or within an area having a slope greater than 6%, unless approved otherwise by the Board of Supervisors. Ownership and maintenance thereof shall be in accordance with the subsection on standards for ownership and management of open space herein.
D.
Lighting.
(1)
Street Lighting. All streets and areas of high pedestrian use shall be adequately lighted with location, intensity design and illumination patterns subject to review and approval by the Board of Supervisors.
(2)
Lighting for Parking Areas. All off-street parking areas shall be adequately lighted. All such lighting shall be arranged and designed, to the satisfaction of the Board of Supervisors, to show lighting patterns and intensities so as to direct light away from adjoining residences.
(3)
Other Areas Requiring Light. Adequate lighting shall be provided for appropriate outdoor areas used after dark. Appropriate low-intensity lighting fixtures must be provided for walkways, to identify steps, ramps, and signs. Lighting shall be designed and located so as not to shine directly into nearby residences.
(4)
Additional Lighting. The Township Supervisors may require lighting in other areas for reasons of public safety.
(5)
Lighting Specifications.
(a)
Height. Lighting facilities shall be designed and located so as not to shine directly into residential buildings, private yards or pedestrian eye-level, and shall not exceed 15 feet in height.
(b)
Intensity.
1)
Parking Lots. All parking areas for five or more motor vehicles shall be illuminated with approved exterior lighting standards, with a minimum of 1/2 horizontal foot candles average lighting level at the surface of the lot. The minimum lighting level at any location within the parking area shall be 75% of the average level.
2)
Pedestrian Walkways, Sidewalks. All major pedestrian walkways and sidewalks, used by the public after sunset, shall be illuminated with a minimum lighting level of 1/2 horizontal foot candles average at the surface of the walk.
(6)
Maintenance of Lighting. Costs of maintenance and illumination of lighting facilities shall be borne by the developer of and/or property owners in the PRD in a similar manner as costs for maintenance of common open space, and/or subject to utility regulations.
E.
Signs.
(1)
General Provisions. No sign of any description shall be installed, erected, constructed or maintained in such manner as to obstruct any fire escape or any window or door, nor shall any sign be attached in any manner to a floor escape. Every sign constructed or maintained shall be plainly marked with the name of the person, firm or corporation erecting or maintaining such sign. All signs should be constructed to allow for maximum sight distances.
(2)
Traffic Safety. No signs shall be erected in the Township that would:
(a)
Obstruct the sight distance at an intersection along a public right-of-way.
(b)
Would tend by its location, color, shape, message, or nature to be confused with or obstruct the view of traffic signs or traffic signals by motorists or pedestrians.
(c)
Use admonitions such as "Stop," "Go," "Slow," "Danger," etc., which might be confused with traffic directional signs.
(d)
No sign other than official traffic control devices or street signs shall be erected within, or encroach upon, the right-of-way lines of any street unless specifically authorized by other ordinances or regulations of the Township of Thornbury.
(3)
Fire, Safety, Light, and Air. No sign shall be erected or constructed that will violate any of the Township regulations as to health, required light, safety, or air, as defined in the Building Code of the Township of Thornbury.
(4)
Maintenance. Whenever a sign becomes structurally unsafe or endangers the safety of the building or endangers the public safety, a Zoning Officer shall order that such sign be made safe or removed. Such order shall be complied within 10 days of the receipt thereof by the person, firm, or corporation owning or using the sign, or the owner of the building or premises on which unsafe sign is affixed or erected. Failure to obey such orders shall be violation of this article.
(5)
Shielding of Signs. Any sign within 100 feet of any residential zoning district which is illuminated shall be shielded in such a manner as to prevent rays of light from being cast on nearby properties or the traveling public.
(6)
Movable Signs. No sign or device in the nature of an advertisement or announcement so constructed as to be movable or which shall be placed on a standard sitting upon the ground, shall be placed or permitted to remain on any part of any street, sidewalk, parkway, curb or other public place.
(7)
Temporary Signs. Except for temporary real estate signs, a temporary sign shall not remain in place for a period exceeding six months.
(8)
Signs Which Require Permits. No sign, except those listed in Subsection 4E(8) above shall be erected, constructed, placed or structurally altered without a permit from the Zoning Officer.
(a)
Signs in Residential Districts. Only the following types of signs shall be permitted in residential areas of the planned residential development.
1)
Signs specified in this section.
2)
Nameplate and Identification Sign. A sign indicating the name/or address of the occupant may be permitted provided that the sign shall be no larger than two square feet and situated within the property lines of the subject property.
3)
Number of Signs. Unless otherwise specified herein, not more than one such sign shall be placed on any property unless that property fronts on more than one street, in which event not more than one sign may be erected on each street frontage.
(9)
Free-standing Signs.
(a)
Except for the convenience commercial area, no free-standing or illuminated signs shall be permitted.
(b)
Unless otherwise specified not more than one free-standing sign shall be placed on the convenience commercial property unless the property fronts on more than one street, in which event not more than one freestanding sign may be erected on each street frontage.
(c)
The free-standing sign shall not exceed a height of 20 feet measured from the ground level to the top of the structure. The bottom edge of the sign shall not be less than 10 feet above ground level. The area of such sign shall not exceed 75 square feet and may be interior lighted with non-glaring lights or may be illuminated by shielded floodlights. As an alternative to the permitted free-standing sign, a ground sign of the same area and lighting, but not exceeding five feet in height, may be permitted.
(10)
Facade Signs.
(a)
Except for the convenience commercial area, no facade sign shall be permitted.
(b)
Location. All signs for convenience commercial facilities shall be attached to an exterior wall (not roof) of the structure, and may be mounted either flush thereto or at right angles thereto. Total sign area, including both sides of a sign mounted at right angles to the wall, shall not exceed 20 square feet.
(c)
Number of Signs. Unless otherwise specified, not more than one facade sign shall be permitted for each commercial use on any property unless the property fronts on more than one street, in which event not more than one facade sign may be erected for each commercial use on each street frontage.
F.
Streets and Sidewalks.
(1)
The street system shall be designed so as to relate harmoniously with land uses and adjacent streets, and to minimize through-traffic in residential and recreational areas. (Refer to Article 21).
(2)
Collector streets shall be so designated and shall have a minimum right-of-way of 60 feet and a minimum cartway of 36 feet. All local and residential streets shall have a minimum right-of-way of 50 feet and a minimum cartway width of 32 feet. The above specifications are contingent upon classification by the approval of the Board of Supervisors. Parking restrictions may apply on roadways with cartway widths of 32 feet or less.
(3)
The use of culs-de-sac shall be minimized.
(4)
All culs-de-sac where future extension is clearly impractical and undesirable shall be limited to a maximum length of 700 feet plus twice the radius of the turnaround. The length of the cul-de-sac shall be measured from the last intersection from which two means of egress to collector or major streets can be effected.
(5)
Permanent cul-de-sac roads shall have a turning circle with a minimum radius of 50 feet of paved surface and 60 feet to the edge of the right-of-way and a cartway width of no less than 32 feet.
(6)
The maximum number of dwelling units, other than townhouses and apartments, which may be served by a single cul-de-sac road, shall be 16. The maximum number of townhouse and/or apartment units which may be served by a single cul-de-sac road shall be 50. There shall be no more than four driveways on each cul-de-sac circle.
(a)
The layout of cul-de-sac driveways and street plantings shall facilitate snow and storage by designating snow accumulation zones free of any obstruction.
(7)
Collector streets shall have sidewalks four feet wide on both sides, secondary streets and culs-de-sac shall have sidewalks on one side connecting access areas to open space. For pedestrian convenience, streets with no sidewalks shall be granted level with a grassy strip at curb height. The construction of all streets and sidewalks shall be in accordance with the specifications and regulations established in the Township Subdivision and Land Development Ordinance [Chapter 22], including those provisions relating to bonding such improvements.
(a)
Sidewalks and handicapped ramps shall be concrete and shall meet the following specifications:
1)
Location. Back edge of sidewalks shall be a minimum of two feet from the street right-of-way line.
2)
Width. The width of the sidewalk shall be four feet and graded 1/4 inch per foot toward the curb line.
3)
Depth. The minimum thickness of concrete sidewalks shall be four inches except at driveway locations where the minimum concrete thickness shall be six inches in all other zones.
(b)
Paths and walks on private property or common areas shall be constructed four feet to eight feet wide of concrete, bituminous concrete, flagstone, brick, architectural pavement or similar materials. Where grades are less than 4%, shredded bark, gravel, and other like material can be used. Walks shall be constructed to adequately drain and shall not be used as a drainageway. Such paths and walks shall be designed in a curvilinear manner taking full advantage of scenery, topography, vegetation, natural features and the like.
(8)
Traffic control devices such as, but not limited to, pavement markings, additional right-of-way or cartway width, left turn slots, channelization, island dividers, acceleration and deceleration lanes, may be required, if in the judgment of the Township, such traffic control devices are warranted. All required facilities and devices shall be installed and/or constructed by the developer.
(9)
Streets curbs shall be required on all streets and parking areas. Curbs shall be installed along both sides of all streets. Curbs shall be either the vertical type or the rolled curb-and-gutter type, except that rolled curbs shall not be used on streets whose grade exceeds 6%, or on any collector or major streets. The transition from one type to another shall be made only at a street intersection, and adequate provision shall be made for driveway entrances.
(10)
Street lights shall be located between the sidewalk (if provided) and the street. If there is no sidewalk, street lights shall be located in the same area as if there where sidewalks.
(11)
Street signs shall be in conformity with the character, size, and shape provisions of Article 20, as amended.
(12)
Street Shade Trees.
(a)
Shade trees of acceptable species of canopy trees shall be provided along all streets. (Refer to "Landscaping" in Subsection 4M). One four-inch caliper tree shall be planted for each twenty-five-foot section of street. This requirement may be met by planting on alternate sides of each street.
(b)
Street shade trees shall be no closer than five feet from the outside edge of the sidewalk (if provided). If sidewalk is not provided trees shall be located a minimum of 12 feet from the curb.
(c)
Tree layout must be compatible with existing and proposed street lighting.
(d)
All trees shall be twice transplanted, nursery grown of specimen quality, free of insect pests and disease. They shall be of symmetrical growth or typical of the variety of supplied from sources in the same hardiness zone as the development is located. All plant materials shall conform with horticultural standards established by the American Association of Nurserymen.
G.
Parking.
(1)
There shall be at least one sheltered (garage) parking space and one off-street parking space per unit.
(2)
Off-street parking spaces shall measure a minimum of 9 1/2 feet by 18 feet.
(3)
There shall be one off-street parking space for each 150 square feet of approved commercial space, plus one additional space for every two employees.
(4)
All grouped multi-family parking areas shall be a minimum of 50 feet from all single-family structures, access roads and traffic arterials.
(5)
Parking areas shall be arranged so as to prevent through traffic to other streets and parking areas.
(6)
Parking areas for other than single-family homes shall be adequately screened from adjacent structures, access roads and traffic arteries, by hedges, dense planting, earth berms, changes in grade, or walls.
(7)
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping of adequate width and density.
(8)
Landscaping, consisting of a minimum of one four-inch caliper shade tree (in accordance with Subsection 4M) shall be provided for every eight aggregate parking spaces.
(9)
No more than 60 parking spaces shall be accommodated in any single parking area.
(10)
Streets, parking and/or loading areas shall be surfaced with an asphaltic or Portland cement pavement.
(11)
Recreational and service area facilities shall be commensurate with the estimated traffic expected to be generated by each facility.
(12)
No off-street parking area shall be located within any required tract buffer.
(13)
No recreational vehicles, boats, trailers, heavy trucks, or similar vehicles shall be stored by residents of a planned residential development except in a covered and enclosed structure.
H.
Sanitary Sewer Disposal.
(2)
All planned residential developments shall be serviced by central sewage collection, and meet the following requirements:
(a)
It shall be in accordance with the applicable sewage facilities plan, or a duly enacted revision or supplement thereto, as set forth in the Rules and Regulations of the Pennsylvania Department of Environmental Protection (PaDEP Regulations, Title 25, Pa.Code, Chapter 71).
(b)
All requirements of PaDEP shall be complied with, and a permit for the system issued thereby.
(3)
Ownership and maintenance of all privately owned sewage disposal facilities and stormwater management structures shall be in accordance with ownership and maintenance provisions for common open space.
(4)
All sewage collection and treatment facilities, except pumping stations and underground pipes, shall be set back a minimum of 150 feet from the property line of the tract to be developed, shall be buffered from neighboring properties, whether or not developed, with a planting screen, and shall be designed and maintained in a manner where there is no persistent odor therefrom.
(5)
The Board of Supervisors may modify the requirements pertaining to central sanitary sewage disposal in the event that the applicant successfully demonstrates that such system would not be feasible, that service by individual on-site septic tank would not constitute a potential hazard to public health and safety and obtains Delaware County Health Department approval for such an on-site treatment system.
I.
Water Supply.
(1)
All planned residential development shall be serviced by a central water supply system, in accordance with the following requirements:
(a)
All requirements for PaDEP, the Delaware County Health Department and the Pennsylvania Public Utilities Commission (PUC) shall be complied with and permits for the water supply system issued thereby and copies of approval for said permits shall be included as documents in the final approval stage.
(b)
Ownership and maintenance of such facilities shall be in accordance with ownership and maintenance provisions for common open space.
(2)
All distribution systems shall be designed to furnish an adequate supply of water to each dwelling unit, with main sizes and fire hydrant locations meeting specifications of the Middle States Department Association of Fire Underwriters.
J.
Storm Drainage.
(1)
Where storm sewers and culverts are required, installations shall be provided to:
(2)
Stormwater inlets and culverts shall be required only when the runoff stormwater cannot be satisfactorily handled within the street cartway or when surface water velocities are excessive. Storm drainage is required to drain any roadway exceeding a slope of 6%.
(3)
Where existing storm sewers are reasonably accessible, proposed developments shall be required, if necessary, to connect therewith.
(4)
In the design of storm drainage facilities, special consideration shall be given to avoidance of problems which may arise from the concentration of stormwater runoff into adjacent developed or undeveloped properties and streets. Neither pipes nor swales shall be directed to discharge concentrated flows at tops of steep slopes (greater than 6%).
(5)
Storm drainage facilities should be designed not only to handle the anticipated peak discharge from the property being developed, but also the anticipated increase in run-off that will occur when all the property at a higher elevation in the same watershed is fully developed.
(6)
The rate of stormwater runoff from any planned residential development shall not exceed the rate of runoff prior to development.
(7)
In addition to detention-retention basins, other techniques for controlling the rate and quantity of stormwater runoff may be utilized.
(8)
Where feasible, detention capacity shall be designed with sufficient storage capacity to provide for use as auxiliary water source in event of fire.
(9)
Where a development is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a drainage easement conforming substantially with the high water line of such watercourse attributable to a flood of one-hundred-year frequency, in order to preserve the unimpeded flow of natural drainage, and to provide for future possible widening, deepening, relocating, improving or protecting of such drainage facilities. Calculation of the one-hundred-year level by the developer's engineer and any proposed changes in the existing drainageway shall be subject to the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
(10)
The developer shall submit routing calculations, cross-section drawings and assumptions pertaining to cover, direction of flow, location of recharge structures, timing of recharge, location of retention basins, water levels, and release timing that summarize compliance with the above requirements during the preliminary and final approval stages.
(12)
All storm drainage design shall be subject to the approval of the Township Engineer.
K.
Utilities. All utilities shall be underground unless such placement is deemed not feasible by the Board of Supervisors.
L.
Erosion and Sedimentation Control.
(1)
All earth-moving activities occurring on the tract shall be conducted in accordance with an erosion and sedimentation strategy. This strategy shall be in the form of a written report and shall accompany the conservation plan erosion and sedimentation control strategy, set forth in § 27-2605, Subsection 7, of this article, which must be submitted as part of the preliminary and final development plan.
(2)
The erosion and sedimentation control strategy shall be in accordance with the following standards:
(a)
It shall be prepared by a person duly qualified by education and experience in the techniques and methods of erosion and sedimentation control.
(b)
It shall employ the guidelines for minimizing erosion and sedimentation as set forth in the Soil and Erosion Control Manual of the Pennsylvania Department of Environmental Protection prepared by the State Conservation Commission and Bureau of Water Quality Management and the USDA Soil Conservation Service, as amended. In developing a strategy for the control of erosion and sedimentation, the developer/agent shall meet, as a minimum, the standards and specifications outlined in the aforementioned manual.
(c)
Both during and after construction, the clearing of vegetation, earthmoving or other surface disturbance activities, total water-borne sediment leaving the site, and/or entering a watercourse on the site, shall not exceed the amount of sediment which would have naturally left the site prior to surface-disturbing activities, assuming in the case of sites previous tilled that natural conditions are equivalent to meadow.
(3)
Periodic inspections of the site during construction may be conducted by the Thornbury Township Supervisors or their representatives and any observed violations of this article shall be cause for immediate issuance of an order to cease construction activity until such conditions are corrected.
M.
Landscaping and Buffers.
(1)
General Landscaping.
(a)
The amount, density, and types of plantings shall be based upon physiographic features, proximity of existing dwellings, compatibility of adjacent uses and natural views. Where adjacent property has been developed in such a manner that privacy from the PRD is desirable, the planting strip adjacent thereto shall be of sufficient density and contain sufficient plant material to effectively screen the portions of the PRD from which privacy is desired for all seasons. In other areas, particularly where physiographic or environmental features and existing vegetation provide an attractive setting, the planting strip may be left in its natural state or enhanced with additional plant material of lesser density than a full screen.
(b)
No plantings shall be placed with their center closer than five feet from a property line of the tract.
(c)
Plantings shall be permanently maintained and replaced in event of death if necessary to maintain an effective screen in accordance with the management of common open space.
(d)
Disturbed topsoil shall be stockpiled, protected from erosion and replaced after construction.
(e)
Planting and protection of landscape material shall be in accordance with a plan and schedule subject to Township approval, and shall be completed within six months of initial occupancy of each stage of development. Maintenance specifications for all plant material shall be submitted as part of the preliminary approval stage.
(2)
Buffers. Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses. The extent of buffering is determined by the type of use proposed and the adjacent uses or streets surrounding the proposed development. The impact of the proposed use on adjoining properties is the basis for establishing buffer and planting strip standards. Staging and timing of buffer planting will be coordinated through consultation and discussion with the Board of Supervisors.
(a)
On the planned residential development tract a one-hundred-foot buffer area is required around the tract's perimeter as it abuts other land uses, and a fifty-foot buffer is required along existing public rights-of-way.
(b)
To determine the required buffer area treatment, a three step procedure shall be followed:
Step 1 | Site Analysis and Determination of Buffer Area Class | |
Step 2 | Selection of the Planting Option for the Buffer Class | |
Step 3 | Selection of the Plant Materials from the Plant Materials List |
(c)
Step 1. Site Analysis and Determination of Buffer Area Class.
1)
For each property boundary, the applicant shall identify the adjacent land use or road classification. The land use should be determined by the Township's Zoning Map, on-site survey, and the Highway Classification Section in the Township's Comprehensive Plan. Table 1, following, specifies the buffer area class for each boundary.
2)
The applicant shall match his proposed land use with the corresponding adjacent land use or road classification for each property boundary, as outlined in Table 1. The letter indicates the buffer area class.
(d)
Step 2. Selection of the Planting Option for the Buffer Class.
1)
After determining the buffer class, the applicant shall select a planting option from Table 2. For each buffer class, several planting options are available, one of which the applicant shall select to meet the buffer area requirement for each boundary.
(e)
Step 3. Selection of Plant Materials from the Plant Materials List.
1)
Each planting option may utilize any of the plant materials outlined in Table 3.
2)
Minimum plant size, given either in height or in caliper, is indicated on this table. The Township Supervisors may permit other planting types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed in Table 3. All planting material shall meet the standards of the American Association of Nursureymen.
3)
The applicant may not be required to provide additional buffering or a planting strip should existing plantings, topography, or man-made structures, be deemed acceptable for screening purposes by the Board of Supervisors.
Table 1 | ||
|---|---|---|
Existing/Adjacent Land Use | Planting Option for PRD | |
R-1 | B | |
R-2 | B | |
PA | B | |
PRD | B | |
C/PRD* | D | |
I | A-C** | |
LI | C | |
C | C | |
Q | B | |
Minor Arterial Street | B | |
Major/Minor Collector Street | B | |
Local Street | B | |
Residential Street | A | |
* | Convenience Commercial Area in PRD. | |
** | Upon advice of the Planning Commission. |
Table 2: Planting Options | ||
|---|---|---|
The options below indicate the amount of plant material that is required per linear foot of property line. Plantings shall be placed within the minimum width of the buffer area. The Planning Commission may permit staggering or grouping of plant materials if a satisfactory buffer is achieved. | ||
Class | Buffer Width | Options (Choice of one within class category) |
A | 25 feet | (1) 1 Canopy tree per 40 feet |
B | 35 feet | (1) 1 Canopy tree per 40 feet plus 1 flowering tree per 60 feet plus 1 Evergreen per 60 feet |
(2) 1 Canopy tree per 40 feet plus 1 hedge on boundary (3 foot centers) | ||
(3) 1 Canopy tree per 40 feet plus 1 Evergreen per 30 feet | ||
C | 40 feet | (1) 1 Evergreen per 30 feet plus 1 hedge on boundary (3 foot centers) |
(2) 1 Evergreen per 25 feet plus 1 berm 4 feet high | ||
(3) 1 Evergreen per 25 feet plus 1 shrub 1 inch per 8 feet | ||
(4) 1 Evergreen per 20 feet plus 1 shrub 2 inch per 4 feet | ||
D | 25 feet | (1) 1 hedgerow per lot line (3 foot centers) |
(2) 6 foot cedar or spruce fencing on lot line | ||
Table 3: Plant Materials List |
|---|
Canopy Trees (4 inches caliper minimum) |
Acer ginnala - Amur Maple |
Acer platanoides - Norway Maple |
Acer rubrum - Red Maple |
Acer saccharum - Sugar Maple |
Betula alba - European White Birch |
Fagus grandifolia - American Beech |
Fagus sylvatica - European Beech |
Fraxinus americana - White Ash |
Fraxinus pennsylvania lanceolata - Green Ash |
Ginkgo biloba - Ginkgo (male only) |
Gleditslia triacanthos inermis - Thornless Honey Locust |
Liquidambar styraciflua - Sweet Gum |
Liniodendron tulipifera - Tulip Tree |
Phellondendron amurense - Amur Cork Tree |
Platanus acerifolia - London Plane Tree |
Quercus alba - White Oak |
Quercus borealis - Red Oak |
Quercus coccinea - Scarlet Oak |
Quercus palustris - Pin Oak |
Quercus phellos - Whillo Oak |
Robina psuedoacacia inermis - Thornless Black Locust |
Sophora japonica - Japanese Pagoda tree |
Tilia-Linden - all species hardy to the area |
Zelkova serrata - Japanese Zelkova |
Flowering Tree (4 caliper minimum) |
Amelanchier canadensis - Shadblow Serviceberry |
Cornus florida - Flowering Dogwood |
Cornus kousa - Kousa Dogwood |
Cornus mas - Comelian Cherry |
Crataegus phaenopyrum - Washington Hawthorn |
Koelreuteria paniculata - Golden Rain Tree |
Laburnum vossi - Goldenchain |
Magnolia soulangeana - Saucer Magnolia |
Magnolia virginiana - Sweetbay Magnolia |
Malus baccata - Siberian Crab |
Malus floribunda - Japanese Flowering Crab |
Malus hopa - Hopa Red-Flowering Crab |
Oxydendrum aboreum - Sourwood |
Pyrus calleryana Bradford - Callery Pear |
Prunus kwanzan - Kwanzan Cherry |
Prunus yedoenis - Yoshino Cherry |
Evergreens (4 feet high minimum) |
Ilex opaca - American Holly |
Picea abies - Norway Spruce |
Picea omorika - Serbian Spruce |
Picea pungens - Colorado Spruce |
Pinus nigra - White Pine |
Pseudotsuga menziesii - Douglas Fir |
Tsuga canadensis - Canada Hemlock |
Hedge (4 feet high minimum) |
Crataegus intricate - Thicket Hawthorn |
Forsythia intermedia - Border Forsythia |
Rhamnus frazula columnaris - Talhedge Buckhorn |
Syringa chinesnsis - Chinses Lilac |
Syringa vulgaris - Common Lilac |
Viburnum alatus - Viburnum |
Hedgerow (4 feet high minimum) |
Crataegus crus-galli - Cockspur Thorn |
Crataegus phaenopyrum - Washington Hawthorn |
Elaeagnus angustifolia - Russian Olive |
Euonymus alatus - Winged Euonymus |
Viburnum sieboldii - Siebold Viburnum |
Viburnum tomentosum - Doublefile Viburnum |
Shrubs | |
|---|---|
1. | (3 feet high minimum) |
Juniperus virginiana - Upright Juniper | |
Phracantha lalandi - Laland Firethorn | |
Taxus capitata - Upright Yew | |
Taxus hicksi - Hicks Yew | |
Thuja occidentalis - American Arborvitae | |
2. | (4 feet high minimum) |
Euonymus alatus - Winged Euonymus | |
Hamamelis vernalis - Vernal Witch Hazel | |
Hamamelis virginiana - Common Witch Hazel | |
Ilex verticillata - Winterberry | |
Rhamnus frangula - Glossy Buckhorn | |
Viburnum dentatum - Arrowwood Viburnum | |
Viburnum lanatana - Wayfaring tree Viburnum | |
(3)
Landscape Plan. The landscaping and buffering procedure for planting and maintenance shall be outlined in a written report, which shall be presented to the Planning Commission and submitted for preliminary approval to the Board of Supervisors.
(4)
General Requirements.
(a)
Existing Buffer. All existing deciduous and coniferous trees larger than two inches in caliper and/or six feet in height may be considered to contribute to the definition of an existing buffer on the property. If the amount of existing plant material that size or greater equals any of the above planting requirements for reducing buffer sizes, the equivalent reduction may be taken without additional plant material being required. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer area except where clearance is required to insure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
(b)
The buffer area may overlap the required front, side, or rear yards and in case of conflict, the larger area requirements shall apply.
(c)
All buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the homeowners' condominium association or other group responsible for management of common open space.
(d)
No structure, manufacturing or processing activity, or storage of material shall be permitted in the buffer area, unless waived by the Board of Supervisors.
(5)
Plant Materials.
(a)
Plant materials shall be permanently maintained and any plant material which does not live shall be replaced within one year of installation by the homeowners condominium association or other group responsible for management of common open space.
(b)
Planting Design. It is encouraged that plant materials in buffer areas be planted in natural clusters that will give privacy but do not block views or vistas. Where external nonresidential uses abut the PRD and where the on-tract commercial site is located, dense visual screening is required.
(c)
All trees shall be twice transplanted, nursery grown of specimen quality, free of insect pests and disease. They shall be of symmetrical growth or typical of the variety and supplied from sources in the same hardiness zone as the development is located. All plant materials shall conform with horticultural standards established by the American Association of Nurserymen.
(6)
Residential Uses.
(a)
The buffer area may be encroached upon provided that the applicant/developer demonstrates, to the satisfaction of the Planning Commission and the Board of Supervisors, that said encroachment can be mitigated by supplemental plants and screening.
(b)
Where open space is required, the buffer area shall be part of the open space and not part of the lot area assigned to a dwelling unit.
N.
Conservation of Trees and Natural Features.
(1)
The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance, and the destruction of natural amenities.
(2)
Existing trees shall be preserved wherever possible. The protection of trees of four-inch caliper or over and of ornamentals shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
(3)
Developers shall exercise care to protect remaining trees from damage during construction. The following procedures shall be followed in order to protect remaining trees:
(a)
Where existing ground levels are lowered, a circular retention wall of sufficient size shall be built around the tree to maintain the old soil level. Where existing ground levels are raised, drainage tiles shall be placed at the old soil level and open into a permanent well built around the base of the tree. Such well may be left open or can be filled with coarse stones (at least two inches). Tiles must be installed in a radiating pattern.
(b)
Trees within 25 feet of a building site or bordering entrances or exits to building sites shall be protected by wiring wooden slates or snow fencing around each tree.
(c)
No boards or other material shall be nailed to trees during construction.
(d)
Heavy equipment operators shall be warned to avoid damaging existing tree trunks and roots. Feeder roots shall not be cut closer than the tree drip line.
(e)
Tree trunks and exposed roots that are damaged during construction shall be protected from further damage by being treated immediately in a suitable manner.
(f)
Tree limbs damaged during construction shall be sawed flush to tree trunks and the tree or trunk shall be treated immediately in a suitable manner.
(g)
The operation of heavy equipment over root systems of such trees shall be minimized in order to prevent soil compaction.
(h)
Non-dormant trees shall be given a heavy application of fertilizer to aid in their recovery from possible damage caused by construction operations.
(i)
Except for mulched vegetation matter used to prevent soil compaction, construction debris shall not be disposed of near or around the bases of such trees or foundations of houses.
O.
Standards for Location, Use, Ownership, and Maintenance of Open Space.
(1)
Location and Use of Open Space.
(a)
The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents, preserving natural features and conforming to the open space in surrounding properties. Open space area should include both active recreation areas for all age groups and, particularly where the site includes a watercourse or hilly or wooded areas, land which is left as a natural area.
(b)
All areas designated as Floodplain Conservation Districts on the Township Zoning Map are already considered open space under existing residential zoning. Therefore, only half of the floodplain in a PRD can be used for the open space designation and to calculate the density in accordance with § 27-2604, Subsection 2, of this article.
(c)
The designated active recreation area, which shall be at least 4% of the total PRD tract areas, shall be included within the open space. Such recreation use may include, but not be limited to, all purpose playing fields, swimming pools, tot-lots and picnic areas for residents of the development. The recreation area shall be located on land of no more than 6% grade, unless permitted otherwise by the Board of Supervisors.
(d)
Should it be determined by the Board of Supervisors that active recreation needs of the development residents and the general public would best be served by expanded, developer-sponsored, on-site or off-tract area facilities, the Board of Supervisors may consider a slight bonus increase in permitted density. The Board of Supervisors may also find it in the public interest to accept cash-in-lieu of recreation amenity installations on-site.
(e)
The preliminary and final plans shall designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance the following classes may be used:
1)
Lawn. A grass area, a maximum of six inches in height, with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance.
2)
Natural Area. An area of natural vegetation undisturbed during construction, or replanted; such areas may contain pathways. Meadows shall be maintained as such. Maintenance may be minimal but shall prevent the proliferation of undesirable plants, litter, dead trees and brush shall be removed and streams kept in free-flowing conditions. Spraying of treated effluent is permitted within natural areas.
3)
Recreation Area. An area designated for a specific recreational use including but not limited to tennis, swimming, shuffle board, playfields, and totlots. Such areas shall be located and maintained in such manner as not to create a hazard or nuisance and shall support the active use by the PRD residents.
(f)
Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with this article.
(2)
Ownership and Maintenance of Open Space.
(a)
Ownership. There shall be provisions which ensure that the open space land shall continue as such and be properly maintained. Any of the following methods may be used either individually or in combination to preserve, own and maintain open space: condominium, homeowners association, dedication in fee-simple, easements and transfers to a private conservation organization. Such land shall not be eligible for transfer to another party or be disposed by sale or other wise, without first offering to dedicate the same to the public. Such land may be transferred to another method of ownership permitted herein, and then only when there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:
1)
Condominium. The open space may be controlled through the use of condominium agreements. Such agreement shall be in conformance with the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. All open space land shall be held as "common element."
2)
Homeowners Association. The open space may be held in common ownership by a homeowners association. This method shall be subject to all of the provisions for homeowners associations set forth herein.
3)
Fee-Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided:
4)
Dedication and Easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of open space land, title of which is to remain in ownership by condominium or homeowners association, provided:
5)
Transfer of Easements to a Private Conservation Organization. With permission of the Township, an owner may transfer easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that:
[a]
The organization is acceptable to the Township, and a bona fide conservation organization with perpetual existence.
[b]
The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
[c]
A maintenance agreement acceptable to the Township is entered into by the developer and the organization.
(b)
Specific Requirements for Homeowners Association. If a homeowners association is formed, it shall be governed according to the following regulations:
1)
The developer shall provide a description of the organization including its by-laws and methods for maintaining the open space for each property owner.
2)
The organization is established by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
3)
Membership in the organization is mandatory for all property owners therein and their successors.
4)
The organization shall be responsible for maintenance of insurance and taxes on open space.
5)
The members of the organization shall share equitably the costs of maintaining and developing such open space, in accordance with the procedures established herein.
6)
In the event of any proposed transfer, within the methods herein permitted, of open space land by the homeowners association, or of the assumption of maintenance of open space land by the Township as hereinafter provided, notice of such action shall be given to all property owners within the planned residential development.
7)
The organization shall have or hire adequate staff to administer common facilities and maintain the open space.
8)
The property owners organization may lease back open space land to the developer, his heirs, or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provided:
[a]
That the residents of the planned residential development shall at all times have access to the open space lands contained therein.
[b]
That the open space leased shall be maintained for the purposes set forth in this article.
[c]
That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or the property owners organization, as the case may be.
9)
The lease shall be subject to the approval of the Board of Supervisors and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Delaware County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
(c)
Maintenance.
1)
A sanitary sewer system and/or water supply system shall be maintained by the developer, his successors or assigns as approved by the Board of Supervisors, unless the development will be served from the time the final plan is approved by a public sanitary sewer system and/or a public water supply system, and shall meet all applicable regulations of the Pennsylvania Department of Environmental Protection.
2)
In the event that the organization established to won and maintain open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the open space is reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. 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 cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be remedied within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development 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. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development to show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township, shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said common space at the end of said year. If the Township shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a full administrative decision subject to judicial review.
3)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the open space and shall become a tax lien on said properties. Said assessments and/or charges shall be subordinate in lien to the lien of any mortgages on the property which is subject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued; provided that such subordination shall apply only to assessments or charges that have been payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessments or charges accruing prior to said foreclosure, but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages whatsoever on such property. The Township, at the time of entering upon said open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of Delaware County, upon the properties affected by such lien within the planned residential development.
P.
Development in Stages. A developer may construct a planned residential development in stages if the following criteria are met:
(1)
The application for preliminary approval covers the entire planned residential development and show the location and approximate time of construction for each stage, in addition to other information required by this article.
(2)
At least 15% of the dwelling units in the plan given preliminary approval are included in the first stage and are properly connected to water supply and sanitary sewer disposal systems.
(3)
At least 33% of the dwelling units in any stage are occupied before any commercial development shown in that stage shall be completed.
(4)
The second and subsequent stages are completed consistent with the preliminary approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 15% of the dwelling units receiving preliminary approval.
(5)
Gross residential density may be carried from stage to stage, provided, however, that final approval shall not be given to any stage if the gross residential density by type of dwelling of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelling unit allowed for the entire planned residential development in the preliminary approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding maximum gross residential densities, the developer will be required to grant an open space easement or covenant to the Township specifying the amount and, if necessary, the location of open space.
(6)
Where development in stage is applied for and approved, the developer shall have completed the planting of the planting strips before approval of subsequent stages can be granted.
§ 27-2605 Application for Preliminary Approval.
[Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, § 505; by Ord. 5-1998, 7/1/1998, § 1; and by Ord. 2-2005, 7/6/2005]
1.
The application for preliminary approval shall be executed by or on behalf of the landowner/applicant and filed with the Township Subdivision Coordinator. An initial deposit in the amount specified in the Township resolution covering fees shall be paid upon filing of the application to be applied against such expenses, and additional deposits shall be made from time to time as requested by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township. A sufficient number of copies of the application shall be submitted to provide for the forwarding for review.
2.
The application for preliminary approval shall include information submitted for eligibility determination and the following written reports and plans illustrating compliance with all of the standards for planned residential development in this article. Where necessary, the Board of Supervisors shall order such additional documentation as needed to aid them in their review.
3.
Documentation shall include, but not be limited to, reports and supplementary materials describing and providing the following:
A.
The location and size of the area involved, and adjoining area; and the nature of the landowner's interest in the planned residential development.
B.
The proposed use areas and the net residential and commercial density of each proposed land use.
C.
The location, function, size, ownership, and manner of maintenance of the open space and the homeowner's condominium association (if any) draft rules and by-laws governing common elements.
D.
The use and the approximate height, bulk and location of buildings and other structures.
E.
Information showing the feasibility of proposals, including maintenance for sanitary sewage and stormwater disposition.
F.
Documentation indicating feasibility for all utilities shall be furnished from all utility companies to the Board of Supervisors.
G.
The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for public utilities.
H.
The provision for parking of vehicles and location; right-of-way and cartway widths of proposed streets and public ways.
K.
In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.
L.
The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.
4.
The application for preliminary approval also shall include, but not be limited to, the following plans:
A.
Plans at one inch equal 100 feet of existing natural features of the land including topography vegetation and tree masses, drainage and soils, and streams, watercourses, steep slopes, floodplains and wetlands.
B.
A site plan showing: approximate locations of buildings, road, parking areas at one inch equals 100 feet.
C.
A plan at one inch equals 100 feet delineating open space indicating size, nature of facilities, structures, if any, and uses.
D.
A plan at one inch equals 100 feet delineating approximate locations, street types, right-of-way, cartway widths, manholes, typical driveway entrances, and other improvements.
E.
Site plan illustrating phasing including a time schedule for all on-site and off-site improvements to be dedicated for public use, which may be modified from time to time by the Board of Supervisors.
F.
A plan illustrating location and profile of all existing and proposed sanitary sewer mains and manholes, story sewer mains, inlets, manholes and culverts and water mains and fire hydrants.
G.
A plan illustrating connection to public utilities, streets, and rights-of-way accompanied by documentation as to the impact of the proposed development on said public utilities, streets, and rights-of-way.
H.
Architectural drawings illustrating exterior and interior designs of typical residential buildings of each type and of each nonresidential structure to be constructed, including statements and illustrations of materials to be used in construction.
I.
A plan illustrating the relation of the proposed planned residential development to all of the adjacent properties boundaries and to the Township.
K.
A landscaping plan.
L.
A recreation plan.
5.
Traffic Impact Statement (TIS).
A.
Traffic Impact Statements (TIS). The contents of a traffic impact statement shall pertain to the particular site under study and shall:
(1)
Provide findings which represent the prevailing traffic conditions and roadway capacities by the use of studies which reveal the annual average daily traffic counts, the peak hour counts, the turning movements and the directional flow of traffic at intersections, the traffic accident records and the classification counts of vehicles segregated by type, size, and weight.
(2)
Provide a description of the proposed development and the surrounding land uses.
(3)
Provide an assessment of the probable impact the completed development will have upon prevailing traffic conditions and anticipated future conditions.
(4)
Provide an analysis of the probable impact on traffic flaws which may occur during the construction period.
(5)
Describe steps proposed by the developer to minimize any adverse impacts during construction and after completion of the project.
(6)
Provide any other data which may be needed to evaluate the effect the development will have on existing traffic conditions.
6.
Environmental Impact Statement (EIS).
A.
Environmental Impact Statements (EIS). The contents of an environmental impact statement shall pertain to the particular site under study and shall:
(1)
Provide an inventory of the existing environmental conditions at the site and the surrounding areas, which includes air and water quality, water supply, hydrology, geology, soil, topography, vegetation, wildlife, aquatic organisms, pollution sources, ecology, demography, land uses, aesthetics, history, and archeology.
(2)
Provide a description of the proposed development.
(3)
Provide a list of all licenses, permits and approvals required by law from other agencies.
(4)
Provide an assessment of the probable impact of the proposed development upon all the inventory items.
(5)
Provide a list of all the adverse environmental impacts which cannot be avoided.
(6)
Describe the steps proposed by the developer to minimize the adverse impacts during and after construction.
(7)
What alternatives exist to the proposed development.
(8)
Provide a Municipal Fiscal Impact Analysis if required.
(9)
Such other information necessary to evaluate the impact of the development upon the environment.
7.
Conservation Plan; Erosion and Sedimentation Control Strategy.
A.
The conservation plan shall show the total tract boundaries of the property being developed in order to facilitate its use as an overlay and to support the environmental impact statement and shall show as a minimum:
(1)
Soil types including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion and soils suitable for urban development.
(2)
Topography (USC & GS), along with ground control aerial photogrammetric survey.
(3)
Floodplain area.
(4)
Streams, creeks, rivers, watercourses, ponds and lakes.
(5)
Fresh water wetlands.
(6)
Permanent high water table areas and seasonal high water table areas throughout the site.
(7)
Tree masses and wooded areas.
(8)
Proposed layout including roadway circulation.
(9)
Key maps with location of tract and surrounding area.
(10)
Proposed dwelling unit mix by type and number.
(11)
Tract buffers.
(12)
Open space areas analysis including contiguous area.
(13)
Information on utilities availability.
(14)
Anticipated water supply and sanitary sewerage treatment.
(15)
Existing and proposed easements.
(16)
Analysis of surrounding land uses.
(18)
Any other data found pertinent to the PRD tract.
B.
The conservation plan which is required to accompany the request for preliminary and final approval shall be clearly and legibly drawn to the same scale as that of the preliminary and finals plans and shall be in the form of a transparent overlay for the preliminary and final plans.
C.
The conservation plan for the preliminary and final approval stages shall show the total tract boundaries of the property being developed in order to facilitate its use as an overlay, and shall show:
(1)
Contour lines at vertical intervals of not more than two feet for land with average natural slope of 4% or less, and at intervals of not more than five feet of land with average natural slope exceeding 4%.
(2)
Location and elevation to which contour elevations refer: where reasonable practicable, datum used shall be a known, established bench mark.
(3)
All existing watercourses, floodplain areas, wetlands, tree masses, trees over four-inch caliper not part of a tree mass and other significant natural features within the proposed development and within 50 feet from the boundaries of the proposed planned residential development.
(4)
Location and results of soil tests.
(5)
Location and type of all critical areas and all erosion and sedimentation control measures, including grassed waterways, diversions, debris basins or ponds, structures for water control, open drains, and tile, proposed dates when such measures shall be in effect, and supporting data assuring compliance with the erosion and sedimentation control standards as outlined in the erosion and sedimentation control strategy Subsection 4L.
(6)
Notations indicating all trees or portions of tree masses to be cleared as part of the proposed development plan, together with reasons for such clearing.
(7)
Notations indicating all proposed alterations of the natural grade, whether by cut or by fill, exceeding one foot, together with reasons for such alterations.
(8)
Should any proposed alterations of the natural grade exceed the limits as defined in the Soil and Erosion Control Manual of the Pennsylvania Department of Environmental Protection (prepared by the State Conservation Commission and Bureau of Water Quality Management and USDA Soil Conservation Service, as amended), then a different transparent overlay drawn to the same scale as stated in Subsection 7C(1) above shall be prepared and submitted to show the typographical changes proposed. Changes proposed may be subject to the district conservationist, Township Engineer, as well as the Board of Supervisors.
8.
The preliminary application shall also include an analysis that identifies the project's impact in terms of traffic, environment, and conservation - erosion and sedimentation during the phases of development. It also shall include the reasons the planned residential development would be in the public interest and would be consistent with the Township's Comprehensive Plan.
9.
One copy of every application for preliminary approval received by the Township Secretary shall be promptly forwarded to the Township Planning Commission and to the Delaware County Planning Commission for study and recommendation as required by the Pennsylvania Municipalities Planning Code. The Township shall also forward a copy of each application to the Soil Conservation Service for its recommendations. The Township Planning Commission and the Delaware County Planning Commission shall review and report upon the application to the Board of Supervisors within 30 days of such referral. One copy of the reports of the respective Planning Commissions shall be furnished to the landowner upon receipt by the Board of Supervisors, but in any event, not less than five days before the appointed time of the public hearing provided in § 27-2606 of this article.
§ 27-2606 Public Hearings, Findings, and Status of Plan After Preliminary Approval.
[Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, § 506; and by Ord. 5-1998, 7/1/1998, § 1]
1.
Public Hearings.
A.
Within 60 days after the filing of an application for preliminary approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors in the manner provided by this chapter for the enactment of an amendment. The Chairman, or, in his absence, the Acting Chairman of the Board of Supervisors or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party record at a hearing shall have the right to cross-examine adverse witnesses.
B.
A verbatim record of the hearing shall be caused to be made by the Board of Supervisors. Whenever such record's are requested by any party to the proceedings, the cost of 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.
2.
The Findings.
A.
The Board of Supervisors, within 60 days following the conclusion of the public hearing shall, by official written communication, to the landowner/applicant, either:
(1)
Grant preliminary approval to the development plan as submitted.
(2)
Grant preliminary approval subject to specified conditions not included in the development plan as submitted.
(3)
Deny preliminary plan approval to the development plan. 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 the Board of Supervisors of his refusal to accept all said conditions, in which case the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, preliminary approval of the development plan, with all said conditions, shall stand as granted.
B.
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 would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:
(1)
Those respects in which the preliminary development plan is or is not consistent with the Comprehensive Plan for the development of the Township.
(2)
The extent to which the development plan departs from Zoning and Subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
(3)
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.
(4)
Maintenance of sewage and water systems.
(5)
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.
(6)
The relationship, beneficial or adverse, of the proposed planned residential development of the neighborhood in which it is proposed to be established.
(7)
In the case of a preliminary development plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
C.
In the event a preliminary development plan is granted preliminary approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the Board of Supervisors the time so established between the grant of preliminary approval and application for final approval shall be not less than three months nor more than one year and, in case of development over a period of years, the time between applications for final approval of each part of the plan shall be not less than 12 months nor more than 18 months.
3.
Status of Plan After Preliminary Approval.
A.
The official written communication provided for in Subsection 2 of this article shall be certified by the Township Secretary and shall be filed in his/her 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.
B.
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 as submitted, or 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.
C.
In the event that a development plan is given preliminary approval and thereafter, but prior to final approval, the landowner shall select 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 local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township Secretary.
§ 27-2607 Application for Final Approval.
[Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, § 507]
1.
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 or in § 27-2606 of this article. If the application for final approval is in strict compliance with the preliminary approved development plan, a public hearing need not be held.
2.
The application for final approval shall be executed by or on behalf of the landowner/applicant and filed with the Township Subdivision Coordinator. A deposit in the amount specified in the Township resolution covering fees shall be paid upon filing the application to be applied against such expenses, and additional deposits shall be made from time to time as requested by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township. A sufficient number of copies of the application shall be submitted to provide for the forwarding for review.
3.
The application for final approval shall consist of updated and/or revised plans and accompanying written documents and reports from the sketch and preliminary plan stages. These modifications shall illustrate all changes and include the following information in the specified format:
A.
The Plan. The final development plan shall be at scale of one inch to 50 feet, or with Board of Supervisors approval, 40 feet. The original drawing and all submitted prints thereof shall be made on sheets of the size acceptable to the Recorder of Deeds of Delaware County for filing in that office as such office may from time to time prescribe. Where necessary, to avoid sheets longer than the maximum sections accompanied by a key diagram showing relative location of the sections. All plans shall be clear and legible white prints of an ink drawing and shall include the following information:
(1)
Development name or identifying title.
(2)
Municipality in which the development is located.
(3)
North point, scale, and date.
(4)
Name of record owner and developer.
(5)
Name and seal of the registered professional engineer or surveyor responsible for the plan.
(6)
Boundaries of the tract determined by accurate survey in the field which shall be balanced and closed with an error of closure not to exceed one foot in 10,000.
(7)
Property lines (if any) within the development.
(8)
Lot areas (if any) to 1/1,000 of an acre.
(9)
Street lines, lot lines, rights-of-way, easements, and areas dedicated to or proposed to be dedicated to public use. Profiles for all streets and for proposed sanitary and storm sewer mains, inlets and manholes, location of all utilities.
(10)
The length of all straight lines, radii, lengths of curves and tangent bearings for each street.
(11)
All dimensions and angles or bearings of lines of each lot and of each area proposed to be dedicated to public use.
(12)
The setback lines for each building.
(13)
Location and width of all private driveways and all parking facilities.
(14)
Names proposed to be given to all streets.
(15)
Location of all structures.
(16)
Number of lots.
(17)
Number of dwelling units by type and, where applicable, the number, location and square footage of areas to be devoted to nonresidential use.
(18)
Architectural drawings and elevations to scale of all buildings, said drawings to bear seal of architects.
(19)
A key map showing the relationship of the property being developed to surrounding properties, such map to be drawn at a scale of one inch equals 600 feet and showing all streets, roads, municipal boundaries, subdivisions, and adjoining properties within 1,000 feet of any part of the property. In the case of development of a section of the entire tract, the key map shall show the relationship of the section to the entire tract.
(20)
Total property area of the entire development tract and, in the case of development in sections, the size of the section for which plans are submitted. This also shall include a breakdown of the area into total residential area, total commercial area, and total active and passive open space.
(21)
All permanent monuments.
(22)
Existing and proposed contours at vertical intervals of five feet, including location and dimensions of all cut and fill.
(23)
All existing watercourses, floodplains, wetlands, steep slopes, tree masses, and other significant natural features.
(24)
Finalized conservation plan and sedimentation and erosion control strategy.
(25)
Finalized landscaping plan.
(26)
Finalized recreation plan.
B.
The Documentation. The application for final approval shall also be accompanied by:
(1)
Statement of any deviations or departures from the conditions of preliminary approval.
(2)
Finalized traffic impact statement.
(3)
Finalized environmental impact statement.
(4)
Copies of deed restrictions and/or easements, if any.
(5)
Information or provision for and maintenance of water supply and sewage disposal including copies of permits obtained under authority of statutes of the Commonwealth.
(6)
An affidavit that the applicant is the owner of the land proposed to be developed.
(7)
Offers of dedication and covenants governing the reservation and maintenance of undedicated open space, provided that all such offers of dedication and covenants shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.
(8)
Within 30 days after approval and before the issuance of any building permits, the applicant shall deliver to the Township Secretary a performance bond in the amount of 120% of all improvements required under these regulations as estimated by a registered professional engineer designated by the Township. If the planned residential development is to be developed in stages as hereinbefore mentioned, a similar performance bond must be delivered before the building permit in each succeeding stage can be issued. In addition the performance bond must state an agreed upon completion date for the projects at which time the Township may require the forfeiture of the bond, should the project or any portion be incomplete. The form of the performance bond and the surety shall be subject to the approval of the Township Solicitor. An escrow in the same amount and approved by the Township Solicitor may be substituted for the performance bond at the election of the applicant. Failure to satisfy this requirement shall withdraw the approval of the plan submitted by the applicant.
(9)
A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property to the effect that the development as shown on the application for final approval is made with his or their free consent and that it is desired to record the application and accompanying documents upon their approval.
(10)
Whenever a developer proposes to establish a street which is not offered for dedication and not required to be offered for dedication, he shall submit the copy of statements cosigned by the Township Solicitor that he has made an agreement on behalf of his heirs and assigns with the Township. Said agreement shall be subject to the Township Solicitor's approval and shall be recorded with the plan. Said agreement shall establish the conditions under which the streets may later be offered for dedication and stipulate among other things that:
(a)
The street shall be in a good state of repair as certified by the Township Engineer, or that the owner or owners of the lots along it agree to include with the offer of dedication sufficient money, as estimated by the Township Engineer, to restore the street to conform with Township specifications.
(b)
An offer to dedicate the street shall be made only for the street as a whole.
(c)
The method of assessing repair costs shall be as stipulated.
(d)
Where applicable agreement to offer the street for dedication by the owners of 60% of the lots shall be binding on owners of the remaining lots.
4.
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this article of the official written communication of preliminary approval, the Township shall, within 45 days of such filing, grant such development plan final approval.
5.
In the event the final 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:
A.
Refile his application for final approval without the variations objected.
B.
File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing as prescribed in this article for public hearings on applications for preliminary approval. Within 30 days after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this article, be in the form and contain findings required for an application for preliminary approval set forth in this article.
C.
A final development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the final development plan, the Zoning and Subdivision regulations otherwise applicable to the land included in such plans shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
6.
In the event that a final development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within two 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 the said property is resubdivided and is reclassified by enactment of an amendment to this chapter.