Upper Providence Township
City Zoning Code
City Zoning Code
CHAPTER 1272
Planned Residential Overlay District
1272.01 Purposes.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
Council, recognizing that the technology and aesthetics of land development and the demand for quality housing are undergoing substantial and rapid changes, and recognizing the applicability of Article 7 of the Pennsylvania Municipalities Planning Code to said changes, adopts the principle of planned residential development as part of this Zoning Code and its requirements and procedures for the purposes of:
(a)
Providing increased flexibility in the land development regulations of the Township in order to encourage development that recognizes advances in the theory and practice of site planning and in design and technology in the building industry, and that recognizes the demands in the housing market for a variety of housing types suited to the needs of families of different size and income, with special provisions for retired and elderly people;
(b)
Insuring that the uniform lot and use regulations appropriate to previously developed residential neighborhoods do not operate to discourage efficient, imaginative and more desirable development of substantially undeveloped areas consistent with the reasonable enjoyment of neighboring properties;
(c)
Encouraging the provision of open space that is allocated rationally and that can be maintained efficiently, and the provision of other amenities and services ancillary to new residential areas, thus encouraging conservation of an attractive physical environment; and
(d)
Encouraging the use of land so that those public facilities required in connection with new residential development can be provided more economically.
1272.02 Administration.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
The administration of the procedures for application for and approval of planned residential developments shall be vested in Council. Council shall, however, refer all preliminary and final development plans for such developments to the Planning Commission, the Delaware County Planning Department, the Soil Conservation Service and any other advisory body deemed necessary or appropriate by Council for its review and comment.
(b)
In order to aid the orderly administration and processing of development plans to be submitted under this chapter, at least 60 days in advance of submission of the formal application for tentative plan approval, an applicant shall be required to confer with the Planning Commission relative to the proposed development, including sketch plans and any other information essential to a basic evaluation of the project intended. Recommendations and comments made by the Planning Commission upon its review shall be incorporated into the development plan submitted for tentative approval.
(c)
The Planning Commission shall act as the principal agent for Council in reviewing and commenting on proposals for planned residential development. As such, it shall receive and review the plans as contained in the common regulations of this chapter. In addition, it shall be concerned with the effect of the proposed development on the Comprehensive Plan for the Township and on other matters required for consideration by Council under this chapter. The Planning Commission may, in reviewing a planned residential development, meet with the prospective developer and informally direct whatever changes are agreed upon to obtain compliance with the terms and spirit of this chapter. The Planning Commission shall report to the Council, in writing, its findings and recommendations not less than five days prior to the public hearing scheduled for consideration of the tentative plan.
(d)
Final plans for planned residential development shall be reviewed by the Planning Commission in accordance with the requirements of the Township Subdivision and Land Development Regulations.
1272.03 Prerequisites for application.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
The following conditions must be satisfied before an application for planned residential development can be considered:
(a)
Any tract of land to be so developed shall be in one ownership. In case of multiple ownership of the tract, evidence shall be presented of a written agreement between the parties involved that development will be in accordance with a single plan with common authority and common responsibility.
(b)
Public water and public sewer service must be available, or adequate evidence given that both can and will be provided concurrent with development.
(c)
A tract size must be a minimum of 50 acres.
(d)
A tract must have frontage along a major collector or arterial road, as identified by the Township Comprehensive Plan.
(e)
Those portions of a tract included within the one-hundred-year flood hazard zone, including the designated floodway and flood fringe zones and the approximate flood hazard zone, shall be clearly indicated with the base flood elevation noted.
1272.04 Use regulations.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998; Ord. No. 332, passed 5-11-2000]
(a)
Permitted uses. The uses permitted in a planned residential development shall be limited to the following and no other. Residential single-family detached dwellings; single-family semidetached dwellings; single-family attached dwellings; multifamily dwellings; mobile home parks; and housing for the elderly and retired.
(b)
Required mix of dwelling units.
(1)
Each planned residential development shall consist of a minimum of two or more of the dwelling unit types listed in subsection (a) hereof.
(2)
The percentage and mix of the housing stock type shall be left to the discretion of the developer, except that the minimum percentage of at least two of each dwelling unit types shall be 20%, with at least 30% of all units being single-family detached units, except in the case of housing for the elderly and retired, where they will not be required.
(3)
If mobile home parks are incorporated into the planned residential development site plan, they shall not exceed 25% of all units proposed, and shall not be integrated into unit types, but rather set aside and developed in accordance with the regulations covering such uses found in the Township Subdivision and Land Development Regulations and this Zoning Code.
(c)
Other permitted uses. Other uses permitted are:
(1)
Residential accessory uses or structures.
(2)
Home occupations.
(3)
Educational or religious uses, except correctional or penal institutions.
(4)
Accessory uses normally associated with housing for the elderly and retired, including the following:
A.
Parking areas, private garages and minor garages;
B.
Maintenance garages, so that all storage for other than passenger vehicles shall be structurally enclosed;
C.
Laundry, provided it is for the exclusive use of the residents of the site;
D.
Laundry drying areas, provided they are screened from adjoining property and public view by walls, fences or hedges.
E.
Recreation facilities and eating facilities, provided they are for the exclusive use of the residents of the site and their guests;
F.
Medical care facilities, including intermediate skill care facilities for the exclusive use of residents of the site, so long as the number of beds provided for such care does not exceed one bed for each four beds provided in conjunction with the primary use.
G.
Swimming pools, tennis courts and other similar recreational uses, and patios or terraces for the exclusive use of the residents of the site and their guests;
H.
Refuse collection centers accessible to the street system, provided they are screened from adjoining property and from public view by walls, fences or hedges;
I.
Management offices; and
J.
Any other uses that are similar to those set forth above in this subsection and that are customarily incidental to and related to housing for the elderly, subject to the approval of Council.
K.
Swimming pools on residential lots in accordance with Section 1256.04I3.e.
(d)
Common open space uses. Open space set aside under the provisions of this chapter shall be restricted to the uses permitted in Section 1272.06(c) or a similar use.
1272.05 Area, bulk and density regulations.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
Gross residential density (maximum). The maximum gross residential density shall be four dwelling units per acre, with the exception of housing for the elderly and retired, where six dwelling units per acre are permitted.
(b)
Lot size and other specifications. Minimum lot size and other specifications shall be as follows:
Single-family dwelling: 10,000 square feet | |
Two-family, detached dwelling: 12,000 square feet | |
Single-family, semi-detached dwelling: 6,000 square feet (per dwelling) | |
Single-family, attached dwelling: 2,000 square feet | |
Multifamily dwelling: 600 square feet | |
Habitable floor area (minimum): 1,000 square feet | |
Building coverage (maximum): 15% | |
Total impervious coverage (maximum): 30% | |
Common open space (minimum): 40% | |
Height: 35 feet | |
Gross commercial density, when applicable (maximum): 100 square feet (leasable area per gross acre). |
(c)
Net residential density. Net residential density shall be as follows:
Detached (maximum): 4 dwelling units per acre. | |
Semidetached (maximum): 6 dwelling units per acre. | |
Attached (maximum): 15 dwelling units per acre. | |
Multifamily (maximum): 15 dwelling units per acre. |
1272.06 Development standards.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
The following standards shall govern the design of the planned residential developments:
(a)
General tract considerations.
(1)
All consideration shall be given to protecting and improving the aesthetic quality of the tract. Earthmoving, including filling, tree clearance and destruction of natural amenities, including views, shall be minimized. Natural features such as lakes, streams and wooded slopes shall be preserved and incorporated into the design of the development wherever possible and desirable. The location of trees and other natural features must be considered when planning the open space and location of buildings, underground services, walks, paved areas and finished grades. In order to facilitate adequate general tract design, the applicant shall prepare a site analysis, including graphic material, of the natural conditions on the tract.
(2)
Landscaping shall be regarded as an essential feature of the planned residential development. This shall include preservation and enhancement of existing features, enhancement of new buildings and of the open space, and screening. Particular attention shall be given to the landscaping of parking areas and streets.
(3)
Design and construction shall be such as to minimize any adverse effect on adjoining properties.
(b)
Housing sites.
(1)
Dwellings may be provided for separate ownership, condominium ownership, other forms of cooperative ownership and rental.
(2)
Attached dwellings and garden apartments shall be arranged in groups or clusters, without long unbroken facades, and buildings shall not be arranged in long rows parallel to street lines.
(3)
To create architectural interest in the layout and character of a planned residential development, variations in building setbacks shall be encouraged.
(4)
The developer shall make provision for the maintenance of buildings and associated yard areas planned for condominium ownership, or other forms of cooperative ownership. Such provisions shall be subject to the approval of Council.
(5)
All housing shall be designed with regard to the topographic and other natural features of the site.
(6)
Housing shall be designed and sited so as to provide adequate privacy between dwelling units.
(7)
Routes for vehicular and pedestrian access and circulation and parking shall be convenient without creating nuisances or detracting from residential privacy.
(8)
The following requirements shall apply, except that Council may, upon the recommendation of the Planning Commission, vary these requirements where their strict application would be inconsistent with the purposes of this chapter.
A.
No structure shall be within 30 feet of a curb, a private access road or a street line, or within 20 feet of common parking areas.
B.
No building shall be erected within 30 feet of any other building except where dwellings face or back up to each other, in which case the distance between said dwellings shall be increased to 80 feet.
C.
There shall be a minimum of 35 feet between the walls of adjoining buildings, except that there shall be 50 feet between any such walls whose surface is 10% or more window area.
D.
No structure shall be located less than 50 feet from the planned residential development tract boundary lines, or from zoning district boundaries within the limits of the tract.
All structures, other than detached dwellings, shall be located at least 150 feet from any detached dwelling located outside of the boundaries of the planned residential development.
(c)
Common open space areas.
(1)
Areas agreed by the developer and the Township to be set aside for open space shall be suitable for the designated purpose, and in any case shall be 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 open space.
(3)
Open space areas shall be arranged and located so as to serve the residents 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 space shall be restricted to continued open space use by an appropriate method approved by Council.
(5)
Up to 50% of an underground utility easement, or 30% of an above ground utility easement, may be considered for part of the total common open space area required.
(6)
Open space areas shall be consistent with the Township's Comprehensive Plan.
(7)
Open space areas shall be suitable for active recreational uses to the extent deemed necessary by Council, without interfering with adjacent dwelling units, parking, driveways and roads.
(8)
Open space areas shall not be less than 75 feet in width, and shall not comprise less than 15,000 square feet of contiguous area, except when they are part of a trail system or pathway network or tot lot.
(9)
Open space shall be interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township.
(10)
Open space areas shall be provided with sufficient perimeter parking, when necessary, and with safe and convenient access by adjoining street frontage or other rights of way or easements capable of accommodating pedestrian, bicycle, maintenance and vehicular traffic, and containing appropriate access improvements.
(11)
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. No 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:
A.
Lawn. A grass area 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.
B.
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 shall be kept in free-flowing condition.
C.
Recreation area. An area designated for a specific recreational use, including, but not limited to, tennis, swimming, shuffleboard, playfields 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. If no recreation is to be provided, then compliance with subsection (c) hereof will be required.
(12)
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 in accordance with this chapter.
(13)
An appropriate portion of the performance bond or other security will be forfeited by the developer should he or she fail to install the planting or recreational facilities.
(14)
Through mutual agreement between Council and the applicant, the recreation areas required by paragraph (c)(11)C. hereof, or funds for on or off-site recreation, shall be considered.
(d)
Streets, parking areas and sidewalks.
(1)
Streets within a planned residential development shall be related to land uses and to the adjacent street system. Each street shall be designated as a major thoroughfare, a collector street or a local street according to its anticipated future use, and designated and constructed in accordance with the applicable specifications of the Township Subdivision and Land Development Regulations. However, where the purposes of this chapter will be better served, Council may modify the specific terms of the Subdivision and Land Development Regulations, provided that a similar standard in performance is achieved.
Where private streets are proposed, acceptable provision for their maintenance shall be an essential part of the development plan.
(2)
Parking for all uses within a planned residential development shall be in accordance with the requirements for off-street parking as set forth in the Zoning Code.
(3)
An adequate system shall be provided for safe and convenient pedestrian circulation, consisting of approved all-weather surface walkways. Sidewalks shall be required along all streets, unless otherwise requested by the developer to be waived.
(e)
Lighting and screening.
(1)
Landscaping shall be provided and maintained in accordance with the landscaping requirements of the Zoning Code and the Subdivision and Land Development Regulations.
(2)
Adequate and appropriate provision shall be made to screen residential uses from other uses and to reduce visual and noise nuisances by combining site layout and screening, with particular consideration to problems along the tract boundary. Screening shall conform to the buffering provisions of the Zoning Code.
(3)
Adequate lighting shall be provided for outdoor areas. Appropriate lighting shall be provided for walkways, streets (particularly intersections), parking areas, steps, ramps, other pubic areas, directional changes and signs. Such lighting shall be provided in accordance with the lighting provisions of the Zoning Code.
(4)
All utilities shall be underground within a planned residential development.
1272.07 Ownership and maintenance of common open space.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
An essential element of the tentative plan is a written description and plan for the disposition of ownership of common open space land, designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.
(a)
Council may, at any time and from time to time, accept the dedication of designated land and/or any interest therein for public use and maintenance, but Council need not require, as a condition of approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use.
(b)
In the event that common open space is not dedicated or made available to public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. Such agreements shall be subject to the approval of Council and contain provisions respecting the right to lien property owners for maintenance charges incurred by the Township in the event of default. In any case, the organization provided for the ownership of open space land that is not dedicated for public use shall consist of the property owners within the planned residential development. The plan may provide that the property owners association may lease back open space lands to the developer, his or her heirs or assigns, or any other qualified person or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide that:
(1)
The residents of the planned residential development shall at all times have access to the open space lands contained therein;
(2)
The common open space to be leased shall be maintained for the purposes set forth in this chapter; and
(3)
The operation of open space facilities may be for the benefit of the residents only, or may be open to the general public in accordance with prior commitments to Council.
The form of the lease shall be subject to the approval of Council, and any transfer or assignment of the lease shall be further subject to the approval of Council. Lease agreements shall be recited in the deed and 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)
The plan to provide for the ownership and maintenance of common open space shall include:
(1)
A complete description of the organization to be established for the ownership of open space, if any, and the methods by which this organization shall be established and maintained; and
(2)
A method reasonably designed to give adequate notice to property owners within the planned residential development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township, as hereinafter provided.
(d)
In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after the establishment of the planned residential development, fail to maintain the common open space in reasonable order and condition in accordance with the development plan, Council may proceed as provided in the Pennsylvania Municipalities Planning Code, to demand that deficiencies of maintenance be corrected or the Township will enter upon and maintain common open space. Notice to the affected property owners, in accordance with the provisions of the master plan, as required in subsection (c) hereof, shall be deemed to be adequate notice by the Township. The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right to enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the planned residential development.
1272.08 Development in stages.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
A developer may construct a planned residential development in stages if the following criteria are met:
(a)
The application for tentative approval covers the entire planned residential development and shows the location and time of construction for each stage, in addition to other information required by this chapter;
(b)
At least 15% of the dwelling units in the plan given tentative approval shall be included in the first stage;
(c)
The second and subsequent stages are completely consistent with the tentatively approved plan and are of such size and location that they constitute economically sound units of development, in no event shall such stages contain less than 15% of the dwelling units receiving tentative approval.
(d)
Average gross residential density may not be varied from stage to stage; and
(e)
At least 25% of the open space and recreational facilities shall be provided with each phase.
1272.09 Application for tentative approval.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
An application for tentative approval of a planned residential development shall be filed with the Township Secretary by or on behalf of the owner or owners of the land. A copy of the application shall also be submitted to the County Planning Department for its review. The fee for review of an application for tentative approval shall be as provided by Council.
(b)
Plans submitted for tentative approval shall be signed and sealed by a registered engineer and prepared in accordance with all applicable Township ordinances, except as noted hereinafter, and shall show the following:
(1)
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed;
(2)
The zoning designations of the subject land area and adjoining properties. Any zoning district boundaries contained within the overall tracts shall be clearly indicated and described by their respective metes and bounds as well as gross land areas.
(3)
The net density of land used to be allocated to these parts of the site to be developed;
(4)
The location, size and uses of the common open space, and the form or organization proposed to own and maintain the common open space;
(5)
The use and the approximate architectural design, height, bulk and location of buildings and other structures, as well as any other site data for which compliance with zoning regulations under this chapter is required;
(6)
The feasibility of proposals for the disposal of sanitary waste and storm water, and for public water supply, as determined by a professional engineer, registered in the State;
(7)
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed grants of easements for public utilities. If the proposal utilizes the density provisions allowed for the elderly and retired, it must include specific provisions for the management of the development, including the necessary certifications and controls regarding clientel and operation of the facility.
(8)
Provisions for the parking of vehicles and the location and width of proposed streets and public ways, together with a traffic feasibility study relative to the anticipated impact on traffic circulation in the Township resulting from the proposed planned residential development, and measures proposed to minimize such impact;
(9)
Required modifications in the land use regulations otherwise applicable to the subject property;
(10)
Descriptions of any public facilities which would be required to be provided in connection with the proposed planned residential development; and
(11)
In the case of development plans which call for development over a period of years, the landowner shall designate geographic sections for development under the plan and file approval of all sections of the planned residential development which are intended to be filed. This section must be updated annually, on the anniversary of its approval, until the development is completed and accepted, and is subject to approval by Council upon each submission.
(12)
Additional information as required by the Planning Commission and/or Council.
(c)
The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township.
1272.10 Public hearings.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
Within 60 days after filing of an application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by Council. The Chairperson, or, in his or her absence, the acting Chairperson of Council, may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(b)
A verbatim record of the hearing shall be caused to be made by Council whenever such a record is requested by any party to the proceedings, but the cost of making and transcribing such a record shall be borne by the party requesting it, and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved, or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
(c)
Council may continue the hearing from time to time and may refer the matter back to the Planning Commission for a further 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.
1272.11 Findings.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
Council, within 60 days following the conclusion of the public hearing provided for in Section 1272.10, shall, by official written communication to the landowner, either:
(1)
Grant tentative approval of the development plan as submitted;
(2)
Grant tentative approval subject to specified conditions not included in the development plan as submitted; or
(3)
Deny tentative approval to the development plan.
Failure to act 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 landowner may, within 30 days of receiving copy of the official written communication of Council, notify Council of his or her refusal to accept all of said conditions, in which case Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify Council of his or her 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 the conclusion 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. Further, such 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)
In what respects the 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 common open space in the planned residential development, and the reliability of the proposals for maintenance and conservation of the common open space as related to the proposed density and type of residential development;
(4)
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public service, provided adequate control over vehicular traffic and further the amenities of light, air, recreation and visual enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
(6)
In the case of a development plan with proposed development over a period of years, demonstration of the sufficiency of the terms and conditions intended to protect the interests of the public and residents of the planned residential development in the integrity of the development plan.
(c)
In the event a development plan is granted tentative approval, with or without conditions, Council 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 the grant of preliminary approval and on application for final approval shall not be less than three months; and, in the case of developments over a period of years, the time between application for final approval of each part of a plan shall not be less than 12 months.
1272.12 Status of plan after tentative approval.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
The official written communication provided for in Section 1272.11 shall be certified by the Secretary of the Township and shall be filed in the Township office, and a certified copy shall be mailed to the landowner where tentative approval has been granted, and the same shall be noted on the Zoning Map.
(b)
Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording or authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been accepted by the landowner (provided the landowner has not defaulted or violated any of the conditions of the preliminary approval), shall not be modified, revoked or 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 tentative approval.
(c)
In the event that a development plan is given tentative approval, and thereafter, but prior to final approval, the landowner shall elect to abandon such development plan and shall so notify Council in writing, or in the event the landowner shall fail to file an 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 lot for which final approval has not been given shall be subject to those ordinances otherwise applicable thereto, as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary of the Township.
1272.13 Application for final approval.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
An application for final approval may be for all the land included in a development plan, or the extent set forth in the tentative approval, for a section thereof. Said application shall be made to Council and within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bonds and such other requirements as may be specified by this chapter, or by the Township Subdivision and Land Development Regulations, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof, shall not be required, provided the development plan, or the part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval, and with any specified conditions attached thereto.
(b)
Plans submitted for final approval of all or a portion of a planned residential development shall be prepared in accordance with the requirements for final subdivision plans, as specified in the Township Subdivision and Land Development Regulations, as amended, and the procedures established by such Regulations, relating to the content, review and approval of final plans, shall govern the acceptance of final plans.
(c)
The design of streets, sewers, storm drainage, sidewalks and all other public improvements shall be in accordance with the design standards of the Township Subdivision and Land Development Regulations.
(d)
The Township Subdivision and Land Development, as amended, shall govern the construction and acceptance of all public improvements, including provisions for the requirements of performance maintenance bonds.
(e)
The fee for filing final plans and for inspection engineering, material tests, recording and legal matters shall be established by resolution of Council.
(f)
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by this chapter and the official written communication of tentative approval, Council shall, within 45 days of such filing, grant such development plan final approval.
(g)
In the event the development plan, as submitted, contains variations from the development plan given tentative approval, Council 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. In the event of such refusal, the landowner may either:
(1)
Refile his or her application for final approval without amendment to the original proposal;
(2)
File a written request with Council that it hold a public hearing on his or her application for final approval.
If the landowner wishes to take either of such alternative actions, he or she may do so at any time within which he or she 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 such alternative actions within such time, he or she shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, Council shall, by official written communication, either grant or deny final approval of the development plans. 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 chapter. |
(h)
A development plan, or any part thereof, which has been given final approval, shall be so certified without delay by Council and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Pending completion within a reasonable time of said planned residential development, or that part thereof, as the case may be, that has been finally approved, no modification of the provisions of such development plan, or part thereof, as finally approved, shall be made, except with the consent of the landowners.
(i)
In the event that a development plan, or section thereof, is given final approval, and thereafter the applicant shall fail to commence and carry out the planned residential development within 12 months after final approval has been granted, no 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 in the manner prescribed for such amendments. If, after development in accordance with a final plan is started, the landowner shall abandon such plan or a section thereof and shall so notify Council in writing, Council may require that the property be resubdivided and reclassified as provided above, or, if any portion of a planned residential development is substantially completed in accordance with final plans submitted and approved by Council, Council shall have the option of recording the master plan and requiring subsequent construction to be within the framework of the plan, unless substantial hardship can be demonstrated.
(j)
Approval of planned residential development final plan shall constitute an automatic approval of the subdivision and land development plan upon payment of proper fees.
1272.14 Enforcement and modification of provisions of the plan.
[Ord. No. 172, passed 12-17-1987; Ord. No. 321, passed 12-10-1998]
(a)
To further the mutual interest of the residents of the planned residential development and of the public in preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if any, in the development plan shall not impair the reasonable reliance of such residents upon the provisions of the development plan, or result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan, as finally approved, whether the same are recorded by plat, covenant, easement or otherwise, shall be subject to the provisions of the Pennsylvania Municipalities Planning Code. The landowner and developer shall execute an agreement in recordable form with the Township, setting forth the covenants and restrictions.
(b)
In the event of conveyance of any land having been granted development plan approval under this chapter, the surviving landowners shall join in a new agreement as required under this section prior to any application for construction of buildings and/or improvements. Failure to provide evidence of such joinder in a form satisfactory to the Township shall be cause for invalidation of any prior approvals of development plans granted.
(c)
Any approvals granted to development plans under this chapter shall remain applicable to the entire tract of land so approved and shall be deemed to run with the land in the event of conveyance from the original landowner to another, provided the new landowner shall have, within 30 days of the date of conveyance, filed with the Township a certified letter, in a form satisfactory to the Township, acknowledging acceptance of and intent of intent to comply with the development plan, together with any stipulations that may apply. Lack of such acknowledgment within the time indicated shall be cause for invalidation by the Township of any prior approvals granted.