Upper Chichester City Zoning Code
ARTICLE XIII
PRD Planned Residential Development District
§ 600-87 District purpose.
The Planned Residential Development (PRD) District is designed for the following purposes:
A.
To encourage innovation in residential development so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.
B.
To encourage more efficient allocation and maintenance of open space for conservation and active and passive recreation.
C.
To provide greater opportunities for better housing and recreation for all who are or will be residents of the Township.
D.
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 require housing.
E.
To encourage sensitive land development which will respect and conserve such natural features and resources of the land as flood hazard and flood-prone areas, important farmlands, steep and very steep slopes, watercourses and water bodies, groundwater and aquifer recharge areas, forested areas, terrestrial and aquatic wildlife habitats, historic and cultural sites, visual resources and other features of importance to the vitality of natural and cultural resources.
F.
To provide a procedure which can relate the type, design and layout of residential development to the particular site and to 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.
§ 600-88 Administration.
The administration of the procedures concerning the application for and approval of planned residential developments shall be vested solely in the Upper Chichester Township Board of Commissioners. All applications for tentative and final approval of plans for such developments shall be first referred to the Delaware County Planning Commission and the Upper Chichester Township Planning Commission for their review and comment.
§ 600-89 Conditions of eligibility.
No application for a PRD shall be considered or approved unless the following conditions are met:
A.
The tract proposed for a PRD shall contain not less than 25 contiguous acres of land.
B.
The tract shall be located in the R-1 or R-2 Residential Districts.
C.
The development will be served by public sewer and municipal public water systems, which shall be constructed and operational and have the assured capacity to serve the development at the time of occupancy of the structures in the development. The feasibility of such construction and operation shall be demonstrated to the satisfaction of the Board of Commissioners at the time of application for tentative plan approval.
D.
All ownership interests shall be disclosed on the tentative and final plans.
E.
If the owner or owners intend to develop said land over a delayed time, said schedule and plan must be approved by the Board of Commissioners.
F.
The tract must have frontage on a collector or arterial road, as described in the Comprehensive Plan adopted by Upper Chichester in 2005.
§ 600-90 Uses permitted by right.
§ 600-91 Uses permitted by special exception.
The following uses shall be permitted by special exception, subject to Articles XXI and XXV and the regulations listed below:
C.
The above commercial uses shall be permitted only when a minimum of 150 units are proposed or existing in the PRD. These uses shall occupy no more than 5% of the area of the PRD and shall be intended, designed and operated principally for the use of the residents of the PRD.
§ 600-92 Accessory uses.
§ 600-93 Minimum percentage of dwelling types.
In order to assure a variety of dwelling types in the PRD, a minimum percentage of each dwelling type constructed shall be included in the development as noted below:
§ 600-94 Required mix of residential uses.
Unit type, minimum percentage of total units in PRD shall be as follows:
A.
Each PRD shall consist of not less than three of the dwelling types listed in § 600-90. In all cases, single-family detached dwellings shall constitute one of the three required dwelling types.
B.
The housing mix selected shall reflect the housing needs and market place realities of the community.
§ 600-95 Density and open space.
§ 600-96 Dimensions for development.
§ 600-97 Design standards.
The following regulations and standards shall apply to all planned residential developments:
A.
General design standards.
(1)
All housing and other areas shall be planned, designed, constructed and made maximally usable, operable and habitable with regard to the topography and natural features of the tract. The effects of prevailing winds and solar orientation on the physical layout and form of the proposed buildings and other structures shall be reflected in the development plan.
(2)
Variations in location of buildings and other structures shall be provided where necessary to create architectural interest and/or preserve areas of environmental concern and to further amenities of light and air, recreation and visual enjoyment. All dwelling units shall be based on a common architectural theme.
(3)
Every building and other structure shall be located and situated to promote pedestrian and visual access to common open space to the extent possible.
(4)
The physical design of the development plan shall make adequate provision for public services and provide adequate control over vehicular traffic.
(5)
All utilities shall be placed underground unless such placement is deemed not feasible by the Board of Commissioners.
(6)
Refuse stations to serve residential and recreational areas shall be designed with suitable screening and located so as to be convenient for trash removal and not offensive to nearby residential areas.
(7)
Fire hydrants shall be installed by the developer to meet the requirements for the Middle Atlantic Fire Underwriters Association and the Township Fire Marshal.
(8)
All housing shall be sited to enhance privacy and ensure natural light for all principal rooms.
B.
Buildings.
(1)
No building shall be placed less than 75 feet from the perimeter property line of the PRD, except for signs and structures associated with ingress and egress.
(2)
No building shall be less than 50 feet from the street line of the exterior road except for signs, street trees, ingress and egress structures and other like structures typically located in such setback area such as lighting standards, sidewalks, benches and the like.
(3)
No building shall be less than 30 feet from access roads or parking areas.
(4)
No building shall exceed the length of 125 feet in any single direction.
(5)
Development near the perimeter of the property shall be designed to be harmonious with neighboring areas and shall be screened from such areas with landscaping approved by the Township.
(6)
Single-family attached dwellings shall be designed and arranged in staggered groups and not in long rows parallel to street lines. The arrangement of such units shall create a physical and visual distinction in the lines of the facades and the roofs. Such distinction can be achieved through the use of varied floor plans for adjoining units, alternating two-story and one-story structures within an attached group, the projections and angles of exterior walls and roofs, exterior fencing, and other diversified space-articulating techniques.
(7)
Individual residential driveways shall not have direct access to the exterior street.
(8)
Buildings in a PRD shall not exceed 35 feet or two stories in height.
C.
Tree conservation and landscaping.
(1)
Existing trees shall be preserved wherever possible. The protection of trees 12 inches or more in caliper (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of common open space, structures, underground utilities, walks and paved areas. Areas in which trees are to be preserved shall remain at original grade level and in an undisturbed condition.
(2)
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, landscaping shall be regarded as an essential feature of the PRD. In these cases, extensive landscaping shall be undertaken in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of the dwelling units in accordance with § 600-171 relating to landscaping.
(3)
Street trees shall be provided along all internal streets. Not less than two four-inch caliper trees shall be provided for each fifty-foot increment of street, wherein one tree shall be placed on each side of said street increment.
(4)
A planted buffer of not less than 20 feet in width shall be provided along all perimeter property lines except at points of vehicular ingress and egress and on pedestrian accessways.
D.
Stormwater control.
(1)
The storm drainage system for a PRD shall be designed and constructed so as to minimize erosion and flooding, using as necessary drainage easements, swales, catchments basins, silt traps and the design of cartways so as to minimize runoff.
(2)
Where existing storm sewers are deemed by the Board of Commissioners to be accessible, the Commissioners may require that the proposed development connect therewith.
(3)
All stormwater management design standards shall be in accordance with Chapter 505, Subdivision and Land Development, of the Code of the Township of Upper Chichester, as may be amended from time to time.
(4)
Storm sewer systems for the development shall be designed, constructed and shall operate and be readily capable of being maintained to prevent concentration of stormwater runoff on adjacent developed or undeveloped properties and streets.
(5)
The design and construction of all storm drainage facilities and stormwater systems shall be subject to the approval of the Township Engineer.
E.
Soil erosion and sedimentation control. Plans submitted for any PRD development shall conform to the guidelines for minimizing erosion and sedimentation as set forth in the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection prepared by the State Conservation Commission, the Bureau of Water Quality Management and the USDA Natural Resources Conservation Service, as amended.
F.
Streets and walkways.
(1)
The street system of the PRD shall be designed so as to relate harmoniously with land uses within and adjacent to the development through the establishment of a hierarchy of roadway functions which includes internal collector and local streets, to create a separation of automobile and pedestrian traffic through the coordinated design of streets, dwelling units, common open space areas and pedestrian walkways, to create efficient and safe connections with the existing road system of the municipality in order to insure proper ingress and egress to and from the PRD and to minimize through traffic in residential areas.
(2)
In order to separate automobile and pedestrian circulation and to increase accessibility to common open space areas, pedestrian walkways shall be provided unless the Board of Commissioners determines that they are not necessary.
G.
Lighting.
(1)
All streets, parking areas and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences.
(2)
Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and similar features.
§ 600-98 Common open space.
In this section relating to common open space, the term "open space" shall be construed to mean "common open space" as defined in Article II.
A.
General regulations.
(1)
Areas agreed by the developer and the Township to be set aside for common open space shall be suitable for that purpose and consistent with the Township policy and plan for future land use.
(2)
Open space areas shall contain no major structures other than those related to the purpose of the open space.
(3)
Open space areas shall be arranged and located to serve the residents of the development adequately and conveniently, taking into consideration the characteristics of the site, and to preserve and enhance desirable natural features.
(4)
Any land designated as common open space shall be restricted to continue as such by an appropriate method approved by the Township Commissioners.
B.
Common open space design standards.
(1)
A minimum of 40% of the total area of the property shall be designated as and devoted to common open space. At least 25% of the required open space shall be made usable and physically prepared for playgrounds, play fields, and other active recreation activities and or facilities.
(2)
Open space areas shall not be less than one acre of contiguous area and shall not be less than 100 feet wide as determined by allowing a circle with a one-hundred-foot diameter to travel freely through it without touching the boundaries of the contiguous open space, except when part of a trail system or pathway network or tot lot.
(3)
Not less than 60% of the total common open space areas shall be outside the one-hundred-year floodplain areas and areas with slopes of 15% or more.
(4)
Open space areas shall be not less than 70 feet wide and not less than 15,000 square feet of contiguous area, except when part of a trail system or pathway network or tot lot.
(5)
Open space areas shall be undivided by any road crossings, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission.
(6)
Such areas shall be suitably landscaped by retaining existing natural cover and wooded areas and/or by a landscaping plan which is consistent with the purposes of this section and which minimizes maintenance costs.
C.
Performance bond.
(1)
Designated planting and recreation facilities within the open space area shall be provided by the developer. A performance bond or other security shall be required to cover costs of installation.
(2)
An appropriate portion of the performance bond or other security will be forfeited by the developer should he fail to install the planting or recreational facilities.
D.
Ownership and maintenance of common open space.[1]
(1)
There shall be provisions which ensure that the open space shall continue as such and be properly maintained. Any of the following methods and no other may be used, either individually or together, to preserve, own and maintain open space:
(2)
The following specific requirements are associated with each of the various methods:
(a)
Fee simple dedication. The Township may, but shall not be required to, accept an offer of a deed of dedication, provided that:
(b)
Homeowners' association. The establishment of a nonprofit homeowners' association which may dedicate an easement for public use of the open space land. The Board of Commissioners may, but shall not be required to, accept such easement, unless a satisfactory agreement is reached concerning the scope of public use and the future maintenance of the easement.
(c)
Condominium agreement. The open space may be controlled through the use of condominium agreements. Such agreements 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 a “common element.”
(d)
Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion of open space land, the title of which is to remain in the ownership of the condominium or homeowners' association, provided that:
(e)
Transfer to a private conservation organization. With the permission of the Township, the landowner or developer may transfer either the fee simple title with appropriate deed restrictions running in favor of the Township; or the development rights or easements, to a private, nonprofit organization among whose purposes is to conserve open space land, provided that:
[1]
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
[2]
The organization is chartered under the laws of the Commonwealth of Pennsylvania to administer deed restrictions limiting eventual disposition of such property for the purposes stated in its Articles of Incorporation.
[3]
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue to function.
[4]
A maintenance agreement acceptable to the Township is entered into by the landowner or developer and the organization.
(f)
In the event of any proposed transfer of open space within the methods permitted in this section, or the assumption of maintenance of open space land by the Township as hereinafter provided, notice of such action shall be given to all affected property owners.
(3)
If a homeowners' association is formed, it shall be governed according to the following regulations:
(a)
The landowner or developer shall provide the Township with a description of the organization, including its bylaws and methods for maintaining open space land, which shall be acceptable to the Township Solicitor.
(b)
The organization is to be organized by the landowner or developer and operating with financial subsidization of the landowner or developer, if necessary, before the sale of any lots within the development.
(c)
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
(d)
The members of the organization shall share equitably the costs of maintaining and developing open space, in accordance with the procedures established by them. If a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with the provisions for same in the bylaws of the organization.
(e)
The organization shall be responsible for maintenance of and insurance and taxes on open space land.
(f)
The organization shall have or hire adequate staff to administer common facilities and maintain the open space land to the satisfaction of the Board of Commissioners.
(4)
In the event that the organization established to own and maintain open space, or any successor organization, shall at any time after designation fail to maintain the open space in reasonable order and condition in accordance with any and all approved plans, the Township may serve written notice upon such organization or upon the residents and owners, setting forth the manner in which the organization has failed to maintain the open space land in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice.
(a)
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 cured within 30 days or an extension thereof, the Township, in order to preserve the taxable values of the properties and to prevent the open space land from becoming a public nuisance, may enter upon said open space land and maintain the same for a period of one year, at the expense of the organization. The cost of any such maintenance shall be borne by the owners of lots within the development from which the open space land was derived. Said entry and maintenance shall not vest in the public any right to use the open space except when the same is voluntarily dedicated to the public by the residents and owners.
(b)
Before the expiration of said year, the Township shall upon its initiative, or upon the request of the organization therefor responsible for the maintenance of the open space land, call a public hearing upon notice to such organization, or to the residents and owners of the project, 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 land in reasonable condition, the Township shall cease to maintain said open space land at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said open space land in a reasonable condition, the Township may, in its discretion, continue to maintain said open space land during the next 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 at the expense of the homeowners' association.
(c)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the project that have a right of enjoyment of the open space land and shall become a municipal lien on said properties. The Township, at the time of entering upon said open space land for the purpose of maintenance, shall file a notice of lien in the office of Judicial Support of Delaware County upon the properties affected.
§ 600-99 Development in stages.
The developer may construct a PRD in stages, provided the following criteria are met:
A.
The application for tentative approval covers the entire PRD and shows the location and approximate time of construction for each stage, in addition to other information required by this chapter.
B.
At least 25% of the dwelling units in the plan given tentative approval shall be included in the first stage.
C.
The tentative and final plans shall designate the use of open space, a schedule for its phasing, the type of maintenance to be provided and a planting plan or schedule. Not less than 25% of the total open space and recreational facilities shall be provided for each phase. In designating use and maintenance, the following classes may be used:
(1)
Lawn. A grass area with or without trees which may be used by residents for a variety of purposes and which shall be mowed regularly to insure a neat 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 condition.
(3)
Recreation area. An area designated for a specific recreational use, including but not limited to tennis, swimming, shuffle board, play fields, and tot lots. Such areas shall be located and maintained in such a manner as not to create a hazard or nuisance and shall perpetuate the proposed use.
D.
The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location, including a sufficient degree of completion of the road network and other infrastructure, that they constitute economically sound units of development. In no event shall such stages contain less than 15% of the dwelling units receiving tentative approval.
E.
Each stage shall include common open space in amounts and at locations deemed acceptable by the Board of Commissioners to meet, at minimum, the open space needs generated by that stage.
F.
All improvements within the particular stage shall be completed contemporaneously with the completion of the dwellings of that stage.
G.
Gross residential density may be varied from stage to stage, provided that final approval shall not be given to any stage if the gross residential density of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 20% the gross residential density allowed for the entire PRD in the tentatively approved plan.
§ 600-100 Application for tentative approval.
The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Secretary. If the applicant is not the landowner, the executed consent of the landowner or evidence of the applicant's legal authority to make such an application shall be so filed. The application for tentative approval shall include all plans, documents, papers, and submissions proving compliance with all of the standards of this article. The Board of Commissioners may require such additional documentation as needed to aid them in the review of the application and accompanying papers. Application for tentative approval shall include, but not be limited to, the following documents:
A.
A statement indicating the nature of the applicant's and the landowner's interest in the project.
B.
A written statement by the applicant setting forth the reasons why the project would be in the public interest and would be specifically consistent with the Comprehensive Plan's goals and objectives and its recommendations for land use, community facilities and utilities, circulation and other matters therein recommended.
C.
A map indicating the location and size of the property and its relationship to surrounding properties, such map to be drawn at a scale of one inch equals 800 feet and showing all streets, roads, municipal boundaries, subdivisions, adjoining properties and designated open space within 2,500 feet of any part of the tract. 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.
D.
A plan at a scale of one-inch equals 100 feet delineating the topography of the tract. Such plan shall be based on a physical survey and shall contain contours with two-foot intervals and shall accurately and conspicuously depict slopes from 0% to 8%, 8% to 15%, 15% to 25%, and greater than 25%.
E.
A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the vegetation of the tract. Such plan shall depict the location of all trees 12 inches in caliper and greater.
F.
A plan at a scale of one inch equals 100 feet delineating the drainage characteristics of the tract. Such plan shall accurately and conspicuously depict, delineate and otherwise note in graphic fashion all perennial and intermittent streams and watercourses and their watersheds, as well as flood-prone and flood hazard areas.
G.
A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the soils of the tract. Such plan shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed development and the tract.
H.
A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the proposed use areas by type, size, location and gross density.
I.
A plan at a scale of one inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion the location, use, height, bulk and location of buildings and other structures; and the location of streets, rights-of-way, cartways, parking areas and other improvements.
J.
A plan at a scale of one-inch equals 100 feet accurately and conspicuously delineating, depicting and otherwise noting in graphic fashion common open space. Such plan shall depict the location, function and size of common open space areas and any existing natural and cultural features comprised within the common open space. In addition, the plan shall include any facilities or structures proposed. Accompanying the plan shall be a statement indicating the proposed means for ownership and maintenance of the common open space.
K.
A detailed report indicating the feasibility and capability for operation and maintenance of water supply systems, sanitary sewage systems, stormwater systems and other utility systems. Such a report shall indicate the following:
(1)
With regard to water supply, there shall be an objective description of the ability of achieving a safe and efficient water supply system. The description shall reference geologic and hydro-geologic data relative to groundwater conditions, realistic potential yields and quality. In addition, the description shall indicate the demand by type of use for water from the proposed development and its related uses and users.
(2)
With regard to sanitary sewage disposal, there shall be an objective description of the ability of achieving a safe and efficient system for sewage disposal. The description shall indicate all proposed measures and methods for conveying and treating the sewage and the sizes of all pipes and direction and quantities of flow anticipated from the development, as well as all connections which will be required to tie into existing sanitary sewers.
(3)
Assurance of the availability of safe and efficient public water and public sewer facilities shall be reported. Such assurance shall include letters signed by an officer of the company or authority concerned, indicating its ability and willingness to provide such service within the timetable proposed for the development, including a statement of maintenance responsibilities and rates and charges for service.
L.
A detailed plan illustrating all connections to existing public utilities, streets and rights-of-way, accompanied by documentation as to the impact of the proposed development on said public utilities, streets and rights-of-way.
M.
A plan illustrating phasing, including a time schedule for all on-site and off-site improvements to be offered for dedication for public use which may be modified from time to time with approval of the Board of Commissioners.
N.
A fully detailed soil erosion and sedimentation control plan.
O.
A fully detailed grading plan at a scale of one inch equals 100 feet accurately and conspicuously delineating proposed contours at intervals of two feet.
P.
A fully detailed landscaping plan at a scale of one inch equals 100 feet wherein existing and proposed plant materials are accurately and conspicuously differentiated, delineated, depicted or otherwise noted in a graphic fashion and a plant list with botanical and common names as well as notations for the quantities and sizes of all proposed plant materials.
Q.
A written report indicating the proposed methods and measures to be undertaken for energy conservation and the effective utilization of renewable energy resources.
R.
The documents containing covenants, grants of easements, or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed grants and/or easements for utilities and the like.
T.
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 project are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.
U.
A report accompanying the application shall, insofar as possible, indicate compliance with the provisions set forth for documentation herein.
W.
Twenty-three complete sets of plans of every application for tentative approval shall be distributed for review and report to the following:
(1)
Township Commissioners: five sets.
(2)
Township Engineer: one set.
(3)
Township Planning Commission: seven sets.
(4)
Zoning Officer: one set.
(5)
Police Chief: one set.
(6)
Fire Chief: one set.
(7)
Fire Marshal: one set.
(8)
Sewage Enforcement Officer: one set.
(9)
Township files: one set.
(10)
Southern Delaware County Authority: one set.
(11)
Delaware County Planning Department: three sets.
One copy of the reports of the respective Planning Commissions shall be furnished to the applicant upon receipt by the Board of Commissioners. |
X.
The applicant, the Board of Commissioners, the Township Planning Commission, and the Delaware County Planning Department may consult informally concerning the project for the proposed PRD District prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the official review agency or of the planning agencies be binding upon the Township.
§ 600-101 Public hearings.
A.
Within 60 days after the filing of an application for tentative approval of a project pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Board of Commissioners.
B.
The Board of Commissioners may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
§ 600-102 Findings.
A.
Tentative approval.
(1)
The Board of Commissioners, within 60 days following the conclusion of the public hearing(s) provided for in this chapter, shall by official written communication to the applicant either:
(2)
Failure to do so within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the applicant may, within 30 days after receiving a copy of the official written communication from the Board of Commissioners, notify the Board of Commissioners of his refusal to accept all said conditions, in which case, the Board of Commissioners shall be deemed to have denied tentative approval of the development plan. In the event the applicant does not, within said period, notify the Board of Commissioners of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
B.
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(1)
Those respects in which the development 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 purposes, location and amount of the common open space in the development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(4)
The proposed systems for sanitary sewers, water supply, stormwater control and soil erosion and sedimentation control and the manner in which said proposals adequately or inadequately address the construction, operation and maintenance of such 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 and pedestrian traffic and further the amenities of light and air, recreation and visual enjoyment.
(6)
The relationship, beneficial or adverse, of the proposed development to the neighborhood in which it is proposed to be established.
(7)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and the residents of the development in the integrity of the development plan.
C.
In the event a development plan is granted tentative approval, with or without conditions, the Board of Commissioners 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 landowner, the time so established between grant of tentative approval and application for final approval shall be not less than three months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
§ 600-103 Status of plan after tentative approval.
A.
The official written communication provided for in § 600-102 of this chapter shall be certified by the Township Secretary and shall be filed in his/her office, and a certified copy shall be mailed to the applicant. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
B.
Tentative approval of a development plan shall not qualify a plat for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval with conditions which have been accepted by the applicant (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative 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 applicant, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.
C.
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the applicant shall elect to abandon said development plan and shall so notify the Board of Commissioners in writing or in the event the applicant shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township Secretary.
§ 600-104 Application for final approval.
A.
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Board of Commissioners and within the time or times specified by the official written communication grating tentative approval as in § 600-102 or as otherwise mutually agreed upon between the applicant and the Board of Commissioners and set forth in writing by the Board of Commissioners. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held. The application for final approval shall consist of a plan or plans and accompanying documents, which shall show and shall include the following information:
(1)
Development name or identifying title.
(2)
Municipality in which the development is located.
(3)
North arrow, scale and date.
(4)
Name of record owner of the tract and developer.
(5)
Name and seal of the registered professional engineer, landscape architect, land planner, architect 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 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, and the 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 the lines of each lot and of each area proposed to be dedicated to public use.
(12)
The designation of common open space including the area contained therein.
(13)
Location, grades, length and width of all private driveways and all parking facilities and type of paving and other surface to be used therefor.
(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, floor plans and elevations to scale of all buildings; said drawings to bear the seal of the architect who has prepared same.
(19)
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.
(20)
All permanent monuments.
(21)
A final grading plan, including existing and proposed contours at vertical intervals of two feet, the lines thereof to be conspicuously distinguishable.
(22)
All existing watercourses, tree masses and other significant natural features, including all trees 12 inches in caliper or greater to be retained and/or to be removed:
(23)
A final soil erosion and sedimentation control plan.
(24)
A final landscaping plan, wherein existing and proposed plant materials are differentiated, a final plant list indicating the types, quantities and sizes of the proposed plant materials are included and typical planting details for tree planting and staking, shrub planting and the like are provided.
B.
The documentation. The application for final approval shall also be accompanied by:
(1)
Copies of deed restrictions and/or easements, if any, and other documents relating to title, use or occupancy.
(2)
Copies of permits obtained under authority of statutes of the Commonwealth of Pennsylvania and/or the County of Delaware regarding the provision for construction, operation and maintenance of the proposed sanitary sewer system, water supply system, soil erosion and sedimentation control system and highway occupancy system.
(3)
An affidavit that the applicant is the owner of the land proposed to be developed, or has been authorized by the landowner to be the applicant, supported by a copy of the written authority therefor.
(4)
Offers of dedication and covenants and other documents 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 and compliance herewith.
(5)
Copies of the homeowners' agreements for common open space not to be offered for dedication to the Township.
(6)
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.
(7)
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 a copy of statements co-signed 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 condition under which the streets may later be offered for dedication and stipulate among other things:
(a)
That 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 Upper Chichester Township design standards.
(b)
That an offer to dedicate the street shall be made only for the street as a whole.
(c)
That the method of assessing repair costs shall be as stipulated.
(d)
That, 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.
(8)
Such other related information as deemed necessary by the Board of Commissioners to make its determination.
C.
In the event the application for final approval has been filed, together with all drawings, specifications, covenants, easements, performance bonds and other documents in support thereof, and as required by this chapter and the official written communication for tentative approval, the Township shall within 45 days of such filing, grant such development plan final approval.
D.
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Commissioners shall refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the applicant 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 applicant may either:
E.
If the applicant 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 of receipt of notice that the development plan was not in substantial compliance. In the event that the applicant shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the applicant, and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board of Commissioners shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article.
F.
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Commissioners and shall be filed by the landowner of record forthwith in the Office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.
G.
In the event that a development plan, or a section thereof, is given final approval and thereafter the applicant shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Commissioners in writing, or, in the event the applicant shall fail to commence the development project or section thereof within six months and complete it 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 said property is resubdivided and is reclassified by enactment of an amendment to this chapter.
§ 600-105 Legal remedies.
§ 600-106 Bonding or security for completion of improvements.
Security shall be provided which is acceptable to the Township in an amount to cover the costs of any improvements, which may be required.
§ 600-107 Insurance and indemnity.
The Township shall require appropriate liability insurance and minimum limits of coverage in regard to any development in a PRD. The Township shall be a "named insured" under all such liability therefor; said policies shall further be written to exclude the operation of any "other insurance" clause. The Township shall also require from the applicant a defense, indemnity and hold harmless agreement in favor of the Township, which shall be insured by the applicant to at least the minimum limits required by the Board of Commissioners for liability insurance.
§ 600-108 Recording.
The final plot plan will be recorded by the landowner in the office of the Recorder of Deeds in and for Delaware County, Pennsylvania, within 90 days of the granting of final approval by the Board of Commissioners.
§ 600-109 Fees.
Fees for the review of the final plan shall be established by resolution of the Board of Commissioners, which fees shall not exceed costs incurred. Should any funds remain after the final plan is processed and reviewed, they will be returned to the applicant.
§ 600-110 Homeowners' associations.
If a homeowners' association is required for any development located within the PRD Planned Residential Development District, it shall adhere to the requirements of § 600-179.