West Manchester Township
City Zoning Code
City Zoning Code
ARTICLE XXIIA
Planned Residential Development Overlay District
[Added 11-13-2025 by Ord. No. 25-07]
§ 150-228.19 Title; purpose.
A.
Title. A zoning ordinance supplementing the West Manchester Township Zoning Ordinance and Subdivision and Land Development Ordinance in order to implement the purposes and intent of Planned Residential Development as defined and authorized by Article VII of the Pennsylvania Municipalities Planning Code.
B.
Short title. This article shall be known and may be cited as "The Township of West Manchester Planned Residential Development Ordinance."
C.
Statement of legislative findings. The Board of Supervisors of West Manchester Township, York County, hereby elects to adopt the provisions of and exercise the powers granted by Article VII of the Pennsylvania Municipalities Planning Code. In support thereof, the Board of Supervisors makes the following findings:
(1)
The Board of Supervisors finds that the West Manchester Township Comprehensive Plan provides broad goals, community development objectives, and policies for the future development of the Township which are consistent with the intent of Article VII of the Municipalities Planning Code. The Comprehensive Plan specifically sets forth goals and policies of local concern promoting modern mixed-use, pedestrian-friendly market interests as an option for new development or redevelopment and encouraging mixed uses, denser residential development and housing types, age-restricted housing, and "town center" type patterns, particularly in the "mall area" of the township, e.g., on older commercial-only sites.
(2)
The Board of Supervisors finds that it is in the best interest of the Township to take full advantage of modern design, construction, technology and planning methods and thus seeks to permit Planned Residential Development, under certain conditions meeting certain design standards of the Township. The objectives to be accomplished by this article (the "PRD Objectives"), in furtherance of the goals and objectives of the Comprehensive Plan shall include but are not limited to the following:
(a)
To address the unique planning and development issues affecting the Township of West Manchester by encouraging innovative and flexible long-range development plans that will contribute to the quality of life in the community through a variety of well-planned land uses and amenities.
(b)
To provide an optional approach to community development with provisions to permit more efficient use of land and public services on other than a lot-by-lot basis.
(c)
To provide increased flexibility in the laws governing the redevelopment of areas in the Township and encourage such development in directions that will recognize the changes in design and technology in the building industry, new demands in the housing and commercial retail markets and the continuing evolution of community form.
(d)
To ensure that the uniform regulations in place in the Township's various zoning districts do not operate to discourage efficient and imaginative development of said substantially open areas.
(e)
To encourage the efficient allocation and maintenance of open space areas ancillary to new residential, commercial and other non-residential areas.
(f)
To encourage the efficient development and use of public facilities required in connection with new development within the Township.
(g)
To create opportunities for the redevelopment of areas affected by prior commercial retail activity.
(h)
To provide greater opportunities for pedestrian and bicycle mobility as an alternative to travelling by automobile.
(i)
To encourage innovations in residential and non-residential development and renewal so that the growing demand for housing and other development may be met by greater variety in type, density, design and layout of dwellings and other buildings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and uses.
(j)
To ensure that the flexibility of regulations herein is carried out pursuant to sound, expeditious and fair administrative standards and procedures.
(k)
To promote physical, visual, and spatial characteristics that are associated with Town Center or Village compatible urban design and architectural design standards and elements.
§ 150-228.20 Definitions.
Unless specifically defined in this article, the definitions contained in the West Manchester Township Zoning Ordinance shall apply. For the purpose of this article, certain terms, phrases and words are defined as follows:
DEVELOPMENT SCHEDULE
A schedule approved with the Tentative PRD Plan showing proposed time frames within which the applicant shall submit Final Plans for each Development Section. The Development Schedule may be modified subject to the provisions of § 150-228.22M(1) of this article.
DEVELOPMENT SECTORS
Areas delineated in a PRD Tentative Plan for which separate applications for Final Plan approval may be filed. Development Sectors shall have no minimum or maximum acreage and may include one or more permitted uses.
EXISTING BUILDINGS
Buildings located on a tract subject to PRD Development which were in existence on the date this article was enacted.
FLOOR AREA RATIO
The gross floor area of the building or buildings on any parcel, exclusive of parking garages, divided by the total tract area of the parcel to which the computation relates.
MAN-MADE STEEP SLOPES
Those slopes created by human actions such as, but not limited to, the movement of dirt to construct a road, building, parking lot, berm, etc. and which have not occurred naturally on a property. Proof of whether a slope is man-made may be provided through comparisons of historic aerial photographs, soil borings, USGS maps, development plans, inspection of the site by the Township Engineer, or through the review of other maps and documentation found acceptable by the Township Engineer.
MIXED USE AREAS
An area within a PRD containing a variety of complementary and integrated uses, such as, but not limited to, residential, office, retail, entertainment and recreation uses in a compact form.
OPEN SPACE
A parcel or parcels of land or an area of water (including but not limited to stormwater management facilities), or a combination of land and water (including but not limited to stormwater management facilities), within a PRD that has been or will be designated, dedicated, reserved, or restricted in perpetuity from further development except as permitted under this article, and is either dedicated to the Township or set aside and intended for the exclusive or non-exclusive use or enjoyment by residents of the development. The term "open space" means both private open space and public open space and shall include buffer areas, plazas and community greens.
PLACES OF INDOOR AMUSEMENT, RECREATION OR ASSEMBLY
Any amusement or recreation establishment that is wholly enclosed in a building, which provides games, rides, or similar entertainment facilities and devices. A casino or other gaming facility shall not be permitted.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
An area of land, controlled by a landowner to be developed pursuant to this article as a single entity for a number of dwelling units or a combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, use, density, intensity, lot coverage or required open space to the regulations established in any one district created, from time to time, under the provisions of the West Manchester Township Zoning Ordinance.
TOTAL TRACT AREA
The total horizontal area of the tracts contained within the property lines of all tracts within the subject area, excluding areas within existing public street rights-of-way.
TRACT
An area of land comprised of a single parcel or multiple parcels which are either in single ownership, or in the case of multiple ownership, subject to an agreement of all owners that development will be governed by and will be completed in accordance with a unified land development plan. A tract may contain parcels that are separated by public or private street rights-of-way.
UNOCCUPIED ARCHITECTURAL ELEMENTS
Those unoccupied portions of a building which are located above the occupied floors of a building which contribute to the architectural character of the building, such as gabled roofs, chimneys, spires, towers, elevator penthouses, tanks, cupolas, cornices, pediments, domes, dormers, or other unoccupied architectural elements.
§ 150-228.21 Development standards.
A.
Eligibility criteria. The Planned Residential Development (PRD) District is defined and established to include and be an overlay upon parcels situated within the mapped overlay district as set forth in Appendix A[1] and meeting the following additional criteria:
(1)
The tract shall be serviced by public sanitary sewer and water systems.
(2)
The total tract area subject to PRD Development contains approximately 147 acres as depicted and listed in attached Appendix "A." The total tract area includes individual tracts and may also include existing developed land provided the existing developed land complies with the applicable PRD District regulations.
(3)
A tract may be in single ownership or have multiple owners provided evidence shall be presented that the multiple owners agree the PRD Development will be completed in accordance with a tentative plan under this article.
(4)
Additional property may be added to a tract with an existing PRD Development provided the additional property is developed in accordance with the Tentative Plan Approval for the PRD Development.
[1]
Editor's Note: Said appendix is on file in the Township offices.
B.
Use regulations.
(1)
Uses as of right:
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Townhouses.
(d)
Multifamily dwellings, including residences in mixed-use commercial/residential buildings.
(e)
Retail store(s).
(f)
Personal service establishments, tailor, barber, beauty, shoe repair, spa, dressmaking shop, and other personal service shop or store.
(g)
Bank or other similar financial institution, including a drive-in banking facility or automated teller facility.
(h)
Business, administrative, executive, governmental, professional, sales and/or similar offices.
(i)
Places of indoor amusement, recreation or assembly.
(j)
Movie theaters.
(k)
Restaurant, cafe, including establishments dispensing or serving food for consumption on the premises outdoors. Drive-in food stands shall not be permitted.
(l)
Grocery store.
(m)
Convenience store (w/gas pumps located to rear or side).
(n)
Hotel or inn.
(o)
Educational institution.
(p)
Conference center.
(q)
Mini-warehouse.
(r)
Public and private garages and parking lots.
(s)
Civic uses such as a police station, municipal office, fire station, post office, EMS service, and transit facility.
(t)
Playgrounds, parks, tot lots or open spaces.
(u)
Health club, fitness center, indoor squash, tennis, or racquetball facilities, or other similar uses.
(v)
Nursery schools and day-care centers.
(w)
Accessory use on the same lot with and customary and incidental to any of the foregoing.
(2)
Mix requirements.
(a)
Residential uses. Within mixed-use areas, at least 20% but no more than 80% of the new gross floor area shall be devoted to residential uses. Existing buildings and uses shall not be part of this calculation.
(b)
Commercial uses. Within mixed-use areas, at least 20% but no more than 75% shall be devoted to nonresidential uses. Existing buildings and uses shall be part of this calculation.
C.
Area and dimensional regulations.
(1)
Traditional lot area and yard setbacks shall not be required. Building setbacks shall instead be provided from adjacent uses, streets and parking areas as follows:
(a)
All buildings located along Loucks Road (T-832) shall be set back a minimum distance of 30 feet from existing or proposed curblines, whichever is greater.
(b)
All buildings located along Haviland Road (T-836) shall be set back a minimum distance of 50 feet from existing or proposed curblines, whichever is greater.
(c)
All buildings located along Town Center Drive shall be set back a minimum distance of 20 feet from existing or proposed curblines, whichever is greater.
(d)
All buildings shall be set back a minimum distance of 15 feet from curblines of all other existing or proposed streets.
(e)
Required building setback areas from all streets shall be devoted to walkways, street trees, green areas, or a combination thereof. Limited driveway and road access through such setbacks shall be permitted. No off-street parking shall be permitted within such setback areas. On-street angled or parallel parking may extend into the minimum setback.
(2)
Not more than 25% of a tract or the total tract area shall be occupied by buildings, and not more than 80% of a tract and the total tract area shall be covered with impervious materials. A parking structure is a building and shall be included in the calculation of building coverage but excluded from total FAR. The overall floor area ratio of the PRD Development shall not exceed 0.40.
(3)
At least 20% of a tract or the total tract area shall be open space.
(4)
Driveways and private streets shall have a minimum 10- to 12-foot-wide travel lanes. Parallel parking lanes, where provided, shall be a minimum of seven to eight feet wide.
(5)
Parking and Loading. Because of the multi-use, integrated nature of a planned residential development, the following shall govern the parking and loading within a Planned Residential Development:
(a)
For single-family detached dwellings, there shall be at least two parking spaces per dwelling.
(b)
For townhouses and twin homes, there shall be 1 1/2 (1.5) parking spaces.
(c)
For multi-family residential units, there shall be at least 1 1/4 (1.25) parking spaces per unit.
(d)
For hotels, there shall be a minimum of one parking space for each hotel room.
(e)
For retail stores, banks, restaurants, and other commercial buildings, there shall be 3 1/2 (3.5) parking spaces for every 1,000 square feet of gross floor area.
(f)
For offices, there shall be three parking spaces for every 1,000 square feet of gross floor area.
(g)
For self-storage facilities, there shall be one parking space per every 10,000 square feet of gross floor area plus one per employee on the greatest shift.
(h)
For assisted living facilities, there shall be 1/2 (0.5) parking space per every room or bed.
(i)
Off-street parking spaces shall be a minimum of nine feet by 18 feet.
(j)
Where efficiencies may be derived from shared parking, and more open spaces provided, a reduction in the number of parking spaces shall be permitted when there will be a sharing of parking spaces by uses with different periods of peak parking demand, or where the applicant can provide justification for reduced parking based upon Urban Land Institute (ULI) standards for shared parking as set forth in its publication Shared Parking, Second Edition. This analysis shall include a submission of calculations indicating that parking demands will be met during peak demands for parking.
(k)
The Board may authorize the applicant to hold up to 20% of the total number of parking spaces required in reserve without actually paving such spaces upon a showing that an additional number of parking spaces are not currently needed. The Board's determination of whether reserve parking should be permitted shall be made at the time of Final Plan approval. In the event that reserve parking is permitted, the stormwater management system shall be designed to handle the total required parking spaces, including the parking spaces held in reserve.
(l)
On-street parking shall be permitted along private access drives and streets and shall count as part of the overall parking requirement.
(m)
Off-street loading and unloading space with proper access from a street or alley shall be provided for commercial and retail uses. Loading and unloading spaces may be accessed from parking areas if needed.
(n)
Required parking lot green area. Where parking areas, loading and unloading facilities and accompanying access from a street or driveway exceeds 10,000 square feet, a minimum of 5% of all paved areas (not including sidewalks or pedestrian paths) shall be devoted to green areas, or 3% may be provided if the parking is substantially located to the rear of the buildings and it can be demonstrated that views of the parking lot from the public right of way are shielded by a combination of landscaping and/or berming. In such a case, there shall not be a requirement for green areas between rows of parking spaces. Green area requirements shall not be applicable in structured parking or multi-level parking facilities.
(6)
Buildings used for residential purposes within mixed use areas that are within 300 feet of a non-residential use shall be governed by the following additional dimensional requirements:
(a)
Setback to curbline: 15-foot minimum.
(b)
Building-to-building separation distance: 30 feet minimum.
(c)
Building height: No more than five stories or 65 feet, provided that unoccupied architectural elements of the building shall not be included in calculating the height. With the exception of clock towers, the height of the unoccupied architectural elements shall not exceed 15 feet above the main roof line.
(7)
Mixed uses in buildings devoted to a mix of residential and nonresidential uses shall be governed by the following additional dimensional requirements:
(a)
Setback to curbline: 15-foot minimum.
(b)
Building-to-building separation distance: 20 feet minimum.
(c)
Building height: No more than five stories or 65 feet, provided that unoccupied architectural elements of the building shall not be included in calculating the height. With the exception of clock towers, the height of the unoccupied architectural elements shall not exceed 15 feet above the main roof line.
(8)
Residential buildings located outside of mixed use areas shall be governed by the following additional dimensional requirements:
(a)
Single-family detached residential dwellings shall be governed by the following dimensional requirements:
[1]
Minimum lot area: 4,000 square feet.
[2]
Maximum lot area: 10,000 square feet.
[3]
Minimum lot width at building line: 50 feet.
[4]
Minimum lot width at street line: 45 feet.
[5]
Maximum depth of front yard: 15 feet.
[6]
Minimum depth of rear yard: 20 feet unless serviced by an alley in which case the setback can be reduced to 15 feet.
[7]
Side Yards: zero feet minimum; provided that at least 50% of one side wall shall be located a minimum of 20 feet from the property line. The balance of the side wall shall be located so that the aggregate of the two side yards shall be at least 15 feet.
[8]
Building height: No more than three stories.
[9]
For each single-family dwelling, there shall be at least one garage parking space and one off-street parking space.
(b)
Townhouse, two-family residential and twin dwellings shall be governed by the following dimensional requirements:
[1]
Minimum unit width: 16 feet.
[2]
Setback to curbline: 15-foot minimum.
[3]
Building-to-building separation distance: minimum 20 feet side to side; 50 feet front to front; and 30 feet rear to rear.
[4]
Building Height: No more than 3 1/2 stories. The height of a two-family dwelling building shall not exceed 3 1/2 stories or 45 feet, whichever is greater.
[5]
There shall be no more than six townhouse dwellings in a row or 12 stacked townhomes (two-family dwellings) in a building. The maximum length of connected units shall not exceed 200 feet. The face of individual units shall be staggered relative to the setback line to provide architectural variation and interest. The variation between units shall be no less than 2' and no more than 6' relative to the front setback line.
[6]
For townhouses and two-family dwellings there shall be at least 1 1/2 (1.5) parking spaces, which may include on-street parking; however, townhome or two-family dwelling parking shall be located on the street or to the rear or sides of the structure.
[7]
Sidewalks shall be located on at least one side of all residential streets within residential areas located outside of mixed-use areas, which shall be four feet in width and have a five-foot green area between the sidewalk and curb. Street trees are required between the curb and the sidewalk provided there are no utility conflicts prohibiting planting in which case street trees may be planted between the sidewalk and building but within five to six feet of the sidewalk.
(c)
Building design standards for single-family detached dwellings, two-family dwellings, twins and townhouses.
[1]
In order to ensure that the single-family detached dwellings possess a "village" character, single-family dwellings shall be located a maximum of 20 feet from the curbline unless unusual features such as the shape of the lot or natural features, make such location infeasible.
[2]
One side lot line for each single family detached dwelling may be permitted to be reduced down to zero feet, provided that at least 50% of one side wall shall be located a minimum of 10 feet from the property line. The balance of the side wall shall be located so that the aggregate of the two side yards shall be at least 15 feet.
[3]
At least one community open space green shall be provided within each development section devoted solely to residential use. This green shall be located so that it is accessible to the residents of that residential area. The green shall be at least 5,000 SF in size and contain at least one civic element including, but not limited to, a piece of sculpture, a sitting area, a gazebo.
[4]
One-story accessory structures shall have a maximum height of 20 feet.
(9)
Redevelopment of existing buildings within a PRD Development shall be governed by the following requirements:
(a)
Existing buildings may be adaptively re-used for any of the uses permitted in the Regional Commercial - RC Zoning District, provided that impervious surface shall not be increased by more than 2%.
(b)
Existing building square footage may be demolished and rebuilt, provided that all replacement of existing building square footage may be constructed within the general footprint of the building demolished or to be rebuilt and shall comply with the use, area, bulk and dimensional requirements of the RC Zoning District, except with regard to the following:
[1]
Impervious coverage shall be based upon the tract as a whole;
[2]
There shall be 3 1/2 (3.5) parking spaces for every 1,000 square feet of gross floor area.
[3]
Off-street surface parking spaces and parking spaces in any new parking structure shall measure a minimum of nine feet by 18 feet.
(c)
No more than 40% of the existing retail/commercial/nonresidential building area (currently approximately 809,000 square feet) shall be eliminated such that approximately 485,000 square feet of retail/commercial/nonresidential will be retained within the total tract area.
D.
General development regulations governing PRD development.
(1)
Development of a PRD Development shall be in accordance with an overall plan for the development/redevelopment of the entire tract subject to the PRD.
(2)
The street system shall be designed so as to relate harmoniously with land uses and adjacent streets. Streets throughout the community shall be arranged as a generally interconnecting network and should terminate at other streets. The construction of all public streets (to be dedicated) shall be in accordance with the construction specifications and regulations established in the West Manchester Township Subdivision and Land Development Ordinance,[2] except as provided otherwise in the Design Guidelines.
[2]
Editor's Note: See Ch. 121, Subdivision and Land Development.
(3)
The architectural design of all new non-residential buildings within the PRD Development shall be substantially consistent with approved Design Guidelines, subject to such revisions as are hereafter agreed to by the parties. This section does not apply to redevelopment of existing non-residential buildings within the tract.
(4)
Sidewalks that are located through the retail and mixed-use areas of the tract shall be wide enough to accommodate walking and outdoor dining where appropriate in accordance with approved Design Guidelines.
(5)
Street furniture shall be provided which shall include such items as benches, waste containers, planters, bicycle racks and bollards. Such items shall be provided at appropriate locations throughout the mixed-use areas of the tract. Street furniture must be compatible with the architecture of the surrounding buildings, and character of the area and other elements of the streetscape.
(6)
Exterior lighting shall be provided in accordance with the Design Guidelines and shall be architecturally compatible with the style, materials, colors, and details of the buildings. The mounting height of parking lot lighting shall not exceed 28 feet as measured to the top of the fixture from grade and shall be shielded or oriented so as not to adversely impact residential buildings. Lighting design shall at a minimum meet the most current recommendations from the Illuminating Engineering Society (IES). A photometric plan illustrating expected light levels calculated as horizontal footcandles at-grade on a 10' x 10' grid. Parking facilities shall minimally meet recommendations of the "Recommended Practice for Design and Maintenance of Roadway and Parking Facility Lighting" published by the Illuminating Engineering Society; Document ANSI/IES RP-8-22 (or latest edition).
(7)
All common or bulk trash containers shall be screened in six-foot-high, three-sided masonry or wood enclosures, to be compatible with the architecture of the buildings, and shall be located in the rear of the buildings. Trash collection shall occur only between 7:00 a.m. and 9:00 p.m.
(8)
Outdoor retail sale of garden goods or related product shall not be permitted in the parking areas, except that temporary seasonal or special events shall be permitted for a period of up to 30 days, up to three times per year. If permits are required for outdoor events within the parking areas, applicant shall be required to obtain the required permits.
(9)
Required green areas within the tract may include paving for site amenities such as plaza areas, pedestrian trails and walkways, which shall not count against the impervious requirements of the tract. In addition, seasonal or special events, including but not limited to concerts, arts and crafts fairs, flea markets, festivals, sports tournaments and charity events, shall be permitted to be conducted within the green areas of the tract, and shall be subject to the temporary amusement permitting provisions of the West Manchester Township Code.
(10)
All ground level mechanical units, refuse, recycling and similar facilities must be screened from view using materials consistent with the building style, or landscaped when located at or near the ground.
(11)
A pedestrian pathway system shall be provided through the tract, which shall include a combination of sidewalks, pathways and trails to provide reasonable access from nonresidential areas and residential areas to provide pedestrian circulation through the tract in accordance with approved Design Guidelines. Pedestrian pathways will be coordinated with a Township system of pathways, where possible.
(12)
The open space shall be owned and maintained by the landowner unless the landowner elects to offer all or a portion of said open space for dedication to the Township.
(13)
All HVAC and compressor type equipment shall be enclosed or screened, but may be placed on rooftops where they will not be required to be enclosed or screened; provided, however, that they must not be visible from public roads or surrounding properties.
(14)
The PRD Development shall be serviced by public sewer and public water.
(15)
It is recognized that certain requirements of the Township's governing ordinances are intended to guide traditional suburban development and are inappropriate for and would interfere with the development of the tract in accordance with this PRD Ordinance. Therefore, in connection with the development of the tract in accordance with the PRD Ordinance, the following requirements of the Township's other governing ordinances shall be modified as follows:
(a)
The minimum habitable floor area requirements of § 150-235 shall be superseded by the criteria of the PRD and Design Guidelines.
(b)
The off-street parking requirements of Article XXIV are replaced by the criteria of the PRD and Design Guidelines.
(c)
The off-street loading requirements of Article XXV are replaced by the criteria of the PRD and Design Guidelines.
(d)
The landscaping and screening requirements of Article XXVI are replaced by the criteria of the PRD and Design Guidelines.
(e)
The hotels and related facilities requirements of § 150-334 shall be superseded by the criteria of the PRD and Design Guidelines.
(f)
The block and lots requirements of § 121-26 shall be superseded by the criteria of the PRD and Design Guidelines.
(g)
The landscaping requirements of § 121-33 shall be superseded by the criteria of the PRD and Design Guidelines.
(h)
The local recreation sites requirements of § 121-36 shall be superseded by the criteria of the PRD and Design Guidelines.
(i)
The stormwater storage facilities dewatering requirements of § 113-12L to be consistent with current regulations promulgated by the Pennsylvania Department of Environmental Protection, including newer managed release concepts.
(j)
The design standards for calculating stormwater discharges and volumes of § 113-17A(3) to provide development flexibility.
(k)
The method of calculations for on-site stormwater conveyance facilities of § 113-17C to provide development flexibility.
(l)
Stormwater basin discharge requirements of § 113-17E(5) to provide development flexibility.
(m)
Stormwater basin design provisions of § 113-17E(6) including a minimum sloped bottom of 2%, to be consistent with NPDES regulations.
(n)
The side slopes of stormwater basins requirements of § 113-17F(1)(c) to provide development flexibility.
(o)
The minimum velocity to be used in the design of piped stormwater conveyance system of § 113-17G(4) to provide development flexibility.
(p)
The minimum diameter of culverts of § 113-17G(5) to provide development flexibility.
(q)
The inlet spacing requirements of § 113-17H(3) to provide development flexibility.
(r)
The manhole spacing requirements of § 113-17I to provide development flexibility.
(s)
The alignment requirements and prohibited joints of § 113-17J to provide development flexibility.
(t)
The minimum pipe size requirements of § 113-17K to provide development flexibility.
(u)
The pipe material specifications of § 113-17L to provide development flexibility.
(v)
The allowable velocities for grass lined channels of § 113-17M(2)(a) to provide development flexibility.
(w)
The requirement of § 113-17M(4) to direct roof drain and sump pump discharges to lawn areas, to provide development flexibility.
(x)
The minimum depth requirement between the bottom of a facility and the limiting zone of § 113-17N(1)(a) to be consistent with newer managed release concept regulations.
(y)
The recharge facility dewatering requirements of § 113-17N(3) to be consistent with newer MRC regulations.
(z)
The requirement of § 113-31 to discharge roof drain and sump pump to infiltration or vegetative BMPs, to provide development flexibility.
(aa)
To the extent not modified herein, the requirements of the West Manchester Township Zoning Ordinance, Subdivision and Land Development Ordinance[3] and Stormwater Management Ordinance[4] shall apply to a PRD Development, unless further deviated or modified as part of a PRD approval in accordance with the procedures set forth in Article IV of this article.
[3]
Editor's Note: See Ch. 121, Subdivision and Land Development.
[4]
Editor's Note: See Ch. 113, Stormwater Management.
§ 150-228.22 Application submission and review procedures.
A.
Administration. The Board of Supervisors of West Manchester Township shall administer the Planned Residential Development District Ordinance pursuant to Article VII of the Pennsylvania Municipalities Planning Code (MPC) and shall be the entity with responsibility for the approval of all plans filed pursuant to this section.
B.
Application for tentative approval.
(1)
Submission of information to the Township. Copies of the Tentative Plan and all supporting data shall be officially submitted to the Township by the applicant or the applicant's representative authorized in writing to submit the plan.
(2)
Number of copies.
(a)
One copy of the application for review of Tentative PRD Plan on a form promulgated by the Township for this purpose, or if no form exists, by an application letter submitted by the landowner or on behalf of the landowner.
(b)
Four copies of the Tentative PRD Plan which shall fully comply with this article. Whenever a PRD is located partially in or adjacent to another municipality, one additional plan print shall be required per adjacent municipality.
(3)
Filing fee. The Township Secretary shall collect a filing fee for each application for Tentative Approval of a PRD. Fees shall be charged in order to cover the costs of examining plans and other incidental expenses. The applicant shall pay the fee and establish the necessary escrow at the time of application for Tentative Approval in accordance with the Fee Schedule of West Manchester Township.[1]
[1]
Editor's Note: Said schedule is on file in the Township offices.
(4)
Tentative plan requirements.
(a)
The intent of the Tentative Plan submission requirements is to provide the schematic design and planning information specifically required by Section 707(4) of Act 247, the Pennsylvania Municipalities Planning Code without mandating detailed site engineering, architecture or landscape architecture which shall be required in the Final Plan submission.
(b)
The Tentative Plan shall be prepared by a professional engineer, surveyor, landscape architect or architect registered in the Commonwealth of Pennsylvania, who shall place his/her seal and signature on all applicable plans, maps and drawings. Plans shall be drawn to a scale that is adequate for proper review, but in no case larger than one inch equals 50 feet and no smaller than one inch equals 100 feet, and shall not exceed 30 x 42 inches in overall size. Site plans may consist of multiple sheets if a key map showing the relationship of each sheet to the overall site plan is placed on all of the multiple sheets.
(c)
The Tentative Plan shall include:
[1]
The project name or identifying title.
[2]
The name and address of the landowner of the tract, the applicant, and the firm(s) that prepared the plans.
[3]
The nature of the landowner's interest in the land proposed to be developed.
[4]
The file or project number assigned by the firm that prepared the plan, the plan date, and the dates of all plan revisions with an indication of the revision made.
[5]
A key map for the purpose of locating the site to be developed at a minimum scale of 800 feet to the inch, showing the relation of the tract to adjoining property and to all streets, municipal boundaries and streams existing within 500 feet of any part of the property proposed to be developed.
[6]
The entire tract boundary with bearings, distances and identification of all existing corner markers, North arrow and graphic scale.
[7]
An Existing Features Plan including:
[a]
Topographical and physical features of the tract such as streams and wooded areas, and the tract size expressed in acres and square feet. Topography shall be provided at two-foot contour intervals.
[b]
The delineation of all soil types as indicated by the most recently available USDA Soil Conservation Service Soil Survey of York County.
[c]
Locations of all historically significant sites or structures on the tract or on any abutting property.
[d]
Floodplains, steep slopes, and wooded areas.
[e]
The delineation of wetlands.
[f]
All existing buildings, roads or other structures and the approximate location of all existing pipelines, major power transmission lines, sewage and water treatment plants, buildings, tree masses, rock out-crops, lakes, ponds, streams and other watercourses.
[g]
Immediately adjacent parcels and record landowners.
[8]
A Proposed Overall Development Plan including:
[a]
A designation and location of the intended uses of all portions of the proposed development.
[b]
A statement of the maximum number of residential units permitted (including accessory residential units) and the proposed number of units.
[c]
A statement of the maximum non-residential square footage permitted and the proposed non-residential square footage.
[d]
A statement of the density of land use to be allocated to parts of the site to be developed.
[e]
A statement of the amount of required open space and the amount of proposed open space (in acres and as a percentage of the total tract area).
[f]
The location, paving and right of way widths of all existing streets and proposed streets and public ways. The location of proposed local streets within an individual Development Section shall be considered to be for conceptual purposes only and may be modified between the time of Tentative Plan approval and Final Plan submission.
[g]
The approximate height, bulk and location of buildings, building separation distances, building street setbacks and other structures. It is specifically recognized that the locations and configurations of buildings shown on the Overall Development Plan may change between Tentative Plan approval and Final Plan approval.
[h]
The general location of parking areas within the PRD and an explanation of the provisions made for parking of vehicles within the PRD.
[i]
Any additional required modifications to the Township land use regulations otherwise applicable to the PRD.
[9]
A Development Sector Plan which shall depict for each Development Sector the general delineation, location and size of each Development Sector within the PRD and the approximate number of residential units and/or amount of non-residential square footage proposed within each Development Sector.
[10]
A Master Utility Plan or Plans including:
[a]
General location of trunk lines showing how water service will be provided to each Development Sector. No location or profiles of water facilities shall be required.
[b]
General location of trunk lines showing how wastewater service will be provided to each Development Sector. No location or profiles of sewer facilities shall be required.
[c]
The location of existing gas and electric service and a general indication of how such services shall be provided to each Development Sector.
[d]
The general location of surface and subsurface drainage (e.g., swales, stormwater collection systems, stormwater management basins) and a general indication of how such services shall be provided to each Development Sector.
[11]
An open space Plan which shall depict the general location and use of the proposed open space as it can be determined at the time of the Tentative Plan submission. Open space areas in the Tentative Plan shall identify:
[a]
The general location of the proposed open space;
[b]
The general use of the proposed open space, whether such open space will be public open space or restricted private open space, and its designation as active open space, passive open space, resource protection open space or a mixture of open space types;
[c]
The form of organization proposed to own and maintain such open space;
[d]
The general location of any trails, bike paths or other pedestrian systems that may interlink or provide access to open space areas as known at the time of the Tentative Plan submission;
[e]
The general location of any other improvements to the open space known at the time of the Tentative Plan submission.
[12]
The Tentative Plan shall be accompanied by the following supplemental data as applicable:
[a]
A draft of a manual of written and graphic design guidelines for buildings, streets, landscaping and pedestrian circulation within the proposed PRD (the "Design Guidelines") which shall function as a coordinated and coherent set of drawings and narratives and shall include, but not be limited to, architectural and landscaping standards, street and circulation systems, signage, building materials, banners and signage, pedestrian walkways, sidewalks and crosswalks, parking, screening and lighting, pavilions, gazebos and plazas, street furniture and amenities, and open space operation and maintenance. The Design Guidelines shall apply to all use and development within the PRD Development. The Design Guidelines shall be adopted by the homeowners association or associations of the PRD for enforcement and shall not be adopted by ordinance.
[b]
A traffic impact study by a qualified traffic engineer. The study shall include, but not necessarily be limited to, an analysis of expected traffic generation to, from and upon surrounding roads, particularly showing a.m. and p.m. peak hours to existing traffic flow during a normal business day, in comparison with that which is anticipated after the proposed PRD Development is fully completed and, if applicable, upon the completion of each stage. Existing traffic flows shall be based on actual counts; if these are not available, then an alternative source shall be fully cited and deemed acceptable by the Township. The study shall include recommendations for lane changes, signalization, impact on other intersections within the Township and other matters as applicable.
[c]
Information demonstrating the feasibility of proposals for water supply to meet expected demand. If a new water system is proposed for the PRD, the applicant shall submit a description of the ability to achieve a safe and efficient water supply system supported by geologic, hydrologic or other relevant data necessary to demonstrate the feasibility of the water supply. In the event that water service is proposed to be provided by an existing water company, authority or other entity, a written statement from the water company of intent to provide public water service to the PRD.
[d]
Information demonstrating the feasibility of proposals for the disposition of sanitary wastewater including a description of the ability to achieve a safe and efficient system for sewage disposal. The description shall indicate all proposed measures and methods for conveying, treating, and disposing of wastewater sewage, the approximate sizes of all major collection mains, the direction and approximate quantities of anticipated flow, as well as all connections which will be required to tie into existing sanitary sewers, if applicable and as known at the time of filing of the application for Tentative Plan Approval. In the event that wastewater service is proposed to come from an existing public sewer source, a written statement from the owner/operator of the sewer source of intent to provide public sewer service to the PRD.
[e]
Information demonstrating the feasibility of proposals to comply with the peak rate reduction requirements of the West Manchester Township Stormwater Management Ordinance.[2] Soil permeability testing or other information required to demonstrate ultimate compliance with applicable stormwater requirements of the West Manchester Township Stormwater Management Ordinance shall not be required at the Tentative Plan stage.
[2]
Editor's Note: See Ch. 113, Stormwater Management.
[f]
To the extent known at the time of the application for Tentative Plan approval, 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 easements or grants for public utilities.
[g]
To the extent known at the time of the application for Tentative Plan approval, identification of the required modifications in the Township land use regulations otherwise applicable to the site.
[h]
Development Schedule. In the case of a Tentative Plan which calls for development of various Development Sectors over a period of years, a Development Schedule showing the proposed times within which applications for final approval of each Development Sector of the PRD are intended to be filed. Said Development Schedule shall be updated annually by the anniversary of Tentative Plan approval.
[i]
To the extent known at the time of the application for Tentative Plan approval a report that evaluates the feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.
[j]
A written statement by the applicant setting forth the reasons why, in the applicant's opinion, a PRD would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township.
C.
Review of Tentative Plan.
(1)
Review by the Township Engineer. The Township Engineer shall review the Tentative Plan to determine its conformance with this article. The Engineer may recommend changes, alterations or modifications as he may deem necessary in order to bring the plan into conformity with the requirements of this article. The report of the Engineer shall be in writing and shall be submitted to the Township Planning Commission prior to the regularly scheduled or special meeting at which the Tentative Plan is to be considered by the Planning Commission. The scheduled date for the meeting at which the Tentative Plan is to be discussed shall provide for a reasonable interval of time, as agreed upon by the Township, the Township Engineer and the applicant, for review of the plan.
(2)
Review by the York County Planning Commission. Within 10 days after the submission of a Tentative Plan, the Township shall submit one copy of the Tentative Plan and one copy of all supporting materials to the York County Planning Commission for review.
(3)
Review by the Township Planning Commission. When a Tentative Plan has been submitted, such plan shall be reviewed by the Township Planning Commission. The scheduled date for the meeting at which the Tentative Plan is to be discussed shall provide for a reasonable interval of time, as agreed upon by the Township, the Township Engineer and the applicant, for review of the plan. During review of the Tentative Plan, the Township Planning Commission shall consider the written reports of the Township Engineer, the York County Planning Commission or other Township consultants, if any. The Township Planning Commission may recommend changes, alterations or modifications deemed necessary in order to bring the plan into conformity with the requirements of this article. The report of the Township Planning Commission shall be in writing and shall be submitted no less than five days before the public hearing at which the Tentative Plan is to be heard by the Board of Supervisors.
D.
Public hearing.
(1)
Within 60 days after the Township receives an application for Tentative Approval of a PRD, a public hearing shall be held by the Board of Supervisors, which shall be advertised, conducted and made a record in the manner prescribed in Section 708 of the Municipalities Planning Code. The Board of Supervisors may continue the hearing from time to time, and where applicable, may refer the matter back to the Township 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.
(2)
At the hearing, the applicant shall present evidence as to the proposed PRDs:
(a)
General character and substance;
(b)
Objectives and purposes to be served;
(c)
Scale, scope and impact of the proposed development on the Township;
(d)
Why the proposed PRD is in the public interest; and
(e)
General sequence of development.
(3)
A stenographic record of the hearing shall be caused to be made by the Board of Supervisors. The appearance fee for a stenographer and the cost of the original transcript shall be paid by the applicant. The cost of additional copies shall be paid by the person ordering such additional copy or copies.
E.
The findings.
(1)
The Board of Supervisors, within 60 days following the conclusion of the public hearings, shall, by official written communication to the landowner, either:
(a)
Grant Tentative Approval of the Tentative Plan as submitted;
(b)
Grant Tentative Approval subject to specified conditions not included in the Tentative Plan as submitted; or
(c)
Deny Tentative Approval of the Tentative Plan.
The official written communication shall be mailed to the applicant. Failure to issue said official written communication shall be deemed to be a grant of Tentative Approval of the Tentative 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 of the Board of Supervisors, notify the Board of Supervisors of his refusal to accept one or more of said conditions, in which case the Board of Supervisors shall be deemed to have denied Tentative Approval of the Tentative Plan. In the event that the landowner does not notify the Board of Supervisors within said period, Tentative Approval of the Tentative Plan with all said conditions, shall stand as granted.
The applicant shall have the right to appeal the denial of Tentative Plan or any conditions imposed upon the grant of Tentative Approval to the Court of Common Pleas of York County.
(2)
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. The written communication shall set forth with particularity in what respects the Tentative Plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:
(a)
The extent to which the Tentative Plan departs from the 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;
(b)
The extent to which the Tentative Plan is or is not consistent with the Township Comprehensive Plan, or with the objectives of this section;
(c)
The purpose, location and amount of the open space, the proposals for ownership, administration, maintenance and conservation of open space, and the adequacy or inadequacy of the amount and purpose of the open space as related to the proposed density and type of residential development;
(d)
The physical design of the Tentative Plan and the manner in which the design does, or does not, make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air and recreation;
(e)
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established;
(f)
In the case of a Tentative Plan which proposes development over a period of years, the sufficiency of terms and conditions intended to protect the interests of the public and or the residents of the PRD in the integrity of the Tentative Plan;
(g)
The extent to which the intent of the Tentative Plan is made clear for the benefit of future residents of the PRD in the protective covenants which shall be imposed for the preservation of the integrity of the Tentative Plan over the years and through various stages of development where such are contemplated.
(3)
In the event a Tentative Plan is granted Tentative Approval with or without conditions, the Board of Supervisors may set forth in the official written communication the approved Development Schedule. Except upon the consent of the landowner, the time so established between grant of Tentative Approval and application for Final Plan approval shall not be less than six months and in the case of developments over a period of years, the time between applications for final approval of each part of the plan shall not be less than 12 months. The Development Schedule may be extended upon request of the applicant approval of which the Board of Supervisors shall not unreasonable withhold.
(4)
In the event a Tentative Plan is granted Tentative Approval with conditions which require that modifications be made to the Overall Development Plan, within 90 days of the grant of Tentative Approval, the applicant shall submit to the Township a revised Overall Development Plan which modifies the layout of the PRD as required by the conditions of Tentative Approval.
F.
Status of plan after Tentative Approval.
(1)
Where Tentative Approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.
(2)
Tentative Plan approval shall not qualify a PRD plan for recording nor authorize construction or the issuance of any Zoning and/or Building permits. A Tentative Plan which has been given Tentative Approval as submitted or which has been given Tentative Approval with conditions which have been accepted by the landowner (provided the landowner has not defaulted or violated any of the conditions of the Tentative Approval), shall not be modified or revoked or otherwise impaired by action of the Township pending application for final approval, without the consent of the landowner, provided an application or applications 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.
(3)
In the event the PRD plan is granted Tentative Approval and thereafter, but prior to final approval, the landowner shall elect to abandon the Tentative Plan and shall so notify the Board of Supervisors in writing, the Tentative Approval shall be deemed to be revoked and all the portion of the area included in the Tentative Plan for which final approval has not been given shall be subject to those Ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township Secretary.
G.
Application for Final Plan Approval.
(1)
An application for Final Plan Approval may be for all the land included in the PRD or for one or more specific Development Sectors as delineated on the approved Tentative Plan. Said application shall be made to the Township within the time or times specified by the official written communication granting Tentative Approval or any extensions thereof granted by the Board of Supervisors. If the application for Final Plan approval is in accordance with the approved Tentative Plan and any specified conditions, a public hearing need not be required.
(2)
Number of copies. The provisions of § 150-228.22D(2) shall be followed.
(3)
Filing fee. The provisions of § 150-228.22B(3) shall be followed.
(4)
Final Plan application requirements. Each copy of the application for Final Plan Approval shall consist of the following:
(a)
Name of the applicant and record owner and the source(s) of title to the area included in the application for Final Plan Approval as shown by the records of the York County Recorder of Deeds.
(b)
The boundary lines of the area being developed pursuant to the Final Plan with accurate distances to hundredths of a foot and bearings to one second. These boundaries shall be determined by accurate survey in the field, which shall be balanced and close with an error of closure not to exceed one foot in 10,000 feet; provided that the boundary(s) adjoining additional unplatted land (for example, between separately submitted Final Plan sections) are not required to be based upon field survey and may be calculated. The location and elevation of all existing and proposed boundary line (perimeter) monuments shall be indicated along with a statement of the total area of the property being developed. In addition, a Professional Land Surveyor shall certify, to the accuracy of the survey, the drawn plan and the placement of the monuments.
(c)
The name (or number), right-of-way width and cartway width of all existing public streets and the name and location of all other roads within the area included in the application for Final Plan Approval.
(d)
The following data shall be shown for the cartway edges and right-of-way lines for all existing, recorded (except those to be vacated) and/or proposed streets within or abutting the area included in the application for Final Plan Approval: the length of all straight lines and the radius, length and central angle of all arcs. Measurements shall be to the nearest hundredth of a foot or in degrees, minutes and seconds, as appropriate.
(e)
The following data shall be shown for all lot lines and all internal angles within lot lines: the length, width and direction of all straight lines and the radius, length and central angle of all arcs. Measurements shall be to the nearest hundredth of a foot or in degrees, minutes and seconds, as appropriate.
(f)
A statement of the intended use of all nonresidential lots, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the development, and if covenants are recorded, including the book and page number.
(g)
The permitted building envelope and the location of proposed buildings. It is acceptable for prototypical buildings to be depicted if exact buildings are not known at the time of Final Plan submission.
(h)
The location (and elevation, if established) of all existing and proposed required street and boundary monuments.
(i)
All easements or rights-of-way where provided for or owned by public services and any limitations on such easements or rights-of-way. Rights-of-way shall be shown and accurately identified on the plan and easements shall either be shown or specifically described on the plan.
(j)
Plan for water supply and distribution; fire hydrants; locations, size and invert elevations of all sanitary and/or storm sewers and location of all manholes, inlets and culverts (this data may be submitted as a separate plan).
(k)
A clear sight triangle and a safe stopping sight distance triangle shall be clearly shown for all street-to-street intersections. This shall not be required for intersections involving residential driveways or alleys and service streets.
(l)
A Certification of Ownership, Acknowledgement of Plan and Offer of Dedication shall be lettered on the plan and shall be duly acknowledged and signed by the owner(s) of the property and notarized.
(m)
A plan for the final location of surface and subsurface drainage of the tract shall be shown. The application for Final Plan Approval shall include stormwater runoff calculations for the entire property being developed and shall show the proposed method of accommodating the anticipated runoff. Such calculations and documentation shall demonstrate compliance with the West Manchester Township Stormwater Management Ordinance.
(n)
A certificate for approval of the Plan by the Board of Supervisors a notation of review by the Township Planning Commission shall be lettered on the plan.
(o)
The total number of lots, dwelling units, approximate square feet of non-residential uses, total acres of open space and number of parking spaces provided. A running total of these same items from all previously approved final plans should also be included.
(p)
A lot typical for each type of dwelling unit and nonresidential structure to be developed pursuant to the Final Plan, giving approximate dimensions of the structures, distances between the structures, distances to Street rights-of-way and parking areas.
(q)
Accurate dimensions of open space areas specifically indicating those areas to be developed for active or passive recreation. Where open space areas are to be developed, a general description of the type and nature of the open space improvements and the approximate location of the structures in the open space areas.
(r)
A Landscape Plan showing existing and proposed grades for the area, location and construction details of proposed retaining walls and other structures in common areas, and a proposed planting schedule indicating the locations, species and sizes of plantings.
(s)
Location and dimensions of easements for utilities and any limitations on such easements.
(t)
Certification with seal by a Professional Land Surveyor registered in the Commonwealth of Pennsylvania to the effect that the survey and plans are correct to the accuracy required by this article. If the Final Plans propose subdivision resulting in the creation of any new property lines, they shall be sealed by a Professional Land Surveyor registered in the Commonwealth of Pennsylvania.
(5)
The Final Plan shall be accompanied by:
(a)
Profile sheets for all proposed streets within the area to be developed pursuant to the Final Plan. Such profiles shall show at least the following information, properly labeled:
[1]
Existing (natural) profiles along the center line of each street. Profiles shall also be shown along each right-of-way when requested by the Township Engineer.
[2]
Profiles along the center line of each proposed street shall be shown. Such profiles shall show existing and proposed grades at one of the following sets of scales:
[a]
One inch equals 10 feet horizontal, and one inch equals one foot vertical.
[b]
One inch equals 20 feet horizontal, and one inch equals two feet vertical.
[c]
One inch equals 40 feet horizontal, and one inch equals four feet vertical.
[d]
One inch equals 50 feet horizontal, and one inch equals five feet vertical.
[e]
One inch equals 100 feet horizontal and one inch equals 10 feet vertical.
[3]
Proposed finished grade of the center line and a grid with specific existing and proposed elevations every 25 feet and appropriate curb radius details to ensure adequate information for construction.
[4]
The length of all vertical curves and the function of such curves.
[5]
Existing and proposed sanitary sewer mains and manholes, storm sewer mains, inlets, manholes and culverts and existing or proposed water mains and fire hydrants.
(b)
An updated Overall Development Plan which depicts:
[1]
All phases and sections of the PRD that have been built in the manner that they were built;
[2]
An outline of the area to which the phased Final Plan section pertains;
[3]
The remaining portions of the PRD that have not yet been built, depicting the improvements shown on the approved Tentative Plan;
[4]
All street, alley, sidewalk, trail, open space, recreation, utility, lot line, and other plan changes and linkages that may be necessary to integrate the Final Plan phase to adjoining development; and
[5]
Overall calculations of development density and intensity, open space, and other tract wide parameters established by the Tentative Approval.
(c)
A comprehensive signage package demonstrating compliance with the signage criteria contained in the Design Guidelines approved as part of Tentative Plan approval.
(d)
Any additional required modifications to the Township land use regulations otherwise applicable to the PRD.
(e)
Such private deed restrictions, including building setback lines as may be imposed upon the property as a condition of sale together with a statement of any restrictions previously imposed which may affect the title to the area included in the application for Final Plan Approval.
(f)
A completed storm water drainage system, showing culverts, ditches, curbs and gutters is required; all inlets, manholes and pipes for storm drainage shall be shown; this shall be accompanied by computations prepared and certified by a registered professional engineer that the stormwater drainage system will be adequate for the development pursuant to the Final Plan.
(g)
The applicant shall comply with all other conditions of the written notice and communication concerning the approval of the Tentative Plan.
(h)
Prior to the time of Final Plan Approval, restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the Final Plan shall be submitted.
(i)
Such certificates of approval by municipal providers, authorities or other public utility providers as have been required in this article, including certificates approving the water supply system and the sanitary sewer system, shall be submitted.
(j)
Prior to recording the Final Plan, an estimate of the cost of construction of all public improvements required by this article for the area to be developed pursuant to the Final Plan ("Construction Cost Estimate"). The estimate shall be prepared by the applicant's consulting engineer or other qualified professional to be a fair and reasonable estimate of such costs.
H.
Review of Final Plan.
(1)
Review by the Township Engineer. The Township Engineer shall review the Final Plan to determine its conformance with this article. The Engineer may recommend changes, alterations or modifications, as he may deem necessary in order to bring the plan into conformity with the requirements of this article and the conditions of Tentative Plan approval.
(2)
In the event an application for Final Plan Approval has been filed as required by this article and the official written communication granting Tentative Plan approval, the Board of Supervisors, within 45 days after the date of the next regular meeting of the Board of Supervisors following the date the Application is filed, shall grant Final Plan approval. The Township Planning Commission shall have the right to review the Final Plan at their next regularly scheduled meeting. A public hearing on an application for Final Plan Approval shall not be required provided the submission for final approval is determined to be consistent with this Article and the official written communication granting Tentative Plan approval.
(3)
In the event the Final Plan as submitted contains variations from the approved Tentative Plan, Board of Supervisors may refuse to grant Final Plan approval, and within 45 days from the date of the regular meeting of the governing body next following the date the application for Final Plan Approval is filed, shall so advise the applicant in writing of its refusal, setting forth in the notice the reasons why one or more of the variations are not in the public interest.
(a)
In the event an application for Final Plan Approval is denied approval, the applicant may either:
[1]
Refile his application for Final Plan Approval without the variations objected to; or
[2]
File a written request with the Board of Supervisors that it hold a public hearing on his application for Final Plan Approval.
(b)
If the applicant wishes to take either action, he may do so at any time within which he is entitled to apply for Final Plan Approval, or within 30 additional days if the time for applying for Final Plan Approval shall have already passed at the time when the applicant was advised that the Final Plan was not in substantial compliance. In the event the applicant shall fail to take either of these alternate actions within the required time, he shall be deemed to have abandoned the Final Plan.
(4)
Any public hearing on an application for Final Plan Approval granted by the Board of Supervisors 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 herein for public hearings on applications for Tentative Approval.
(a)
The Board of Supervisors, within 30 days following the conclusion of the public hearings, shall by official written communication, either:
[1]
Grant Final Plan Approval; or
[2]
Deny Final Plan Approval.
(b)
The grant or denial of Final Plan Approval shall, in cases arising under this section, be in the form and contain the findings required for an application for Tentative Approval set forth herein.
I.
Recording of Final Plan.
(1)
A Final Plan which has been granted final approval shall be certified without delay by the Board of Supervisors as being approved; provided, however, no Final Plan shall be certified unless security to secure the completion of improvements in accordance with the PRD Ordinance has been posted.
(2)
Within 90 days after certification and execution by the Board of Supervisors of Final Plan approval, the plan shall be filed of record by the landowner in the Office of the Recorder of Deeds of York County on a plan size acceptable to the Recorder of Deeds.
(3)
Upon the recording of the Final Plan the zoning and subdivision regulations otherwise applicable to the land included in such Final Plan shall cease to apply thereto.
(4)
In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the approving body in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development in accordance with Section 508 of the Municipalities Planning Code after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to the Zoning Ordinance to its prior zoning classification.
J.
Performance guarantee.
(1)
Performance guarantees shall be posted in accordance with Section 509 of the Municipalities Planning Code.
K.
Release of performance guarantee.
(1)
Release of performance guarantees shall be in accordance with Section 510 of the Municipalities Planning Code.
L.
Dedication and maintenance guarantee.
(1)
All streets, parks or other improvements shown on the Final Plan, recorded or otherwise, shall be deemed to be private unless and until such time as the same has been offered for dedication to the Township and accepted by resolution of the Board of Supervisors.
(2)
Before accepting dedication of any improvements, the Board of Supervisors shall completely release the applicant of the Performance Guarantee and require the applicant to file a maintenance guarantee in an amount of 15% of the cost of constructing the improvements to be dedicated to the Township. Such maintenance guarantee shall not have a term greater than 18 months from the date of acceptance of dedication.
(3)
Dedication shall be by a deed in a form approved by the Township Solicitor, which deed shall include a reference to a plan of the streets and/or other parcels dedicated.
(4)
The applicant shall furnish the Township with as-built plans showing completed required improvements, including drainage, profiles and utilities, that are to be dedicated and accepted for dedication. The applicant shall also provide an electronic copy of the as-built plans in a form specified by the Township at the time of dedication.
M.
Specific procedures for administration of PRD approvals.
(1)
Development Schedule.
(a)
The applicant shall present an updated Development Schedule to the Board of Supervisors at its first regularly scheduled meeting of every calendar year following the year the Tentative Plan was approved until the development is completed and accepted. If the updated Development Schedule is unchanged from the most recently approved Development Schedule, then the submitted Development Schedule shall be automatically deemed approved. If the updated Development Schedule shows changes from the most recently approved Development Schedule, the applicant shall demonstrate good cause for the change in a written statement and other prepared materials, and the Board of Supervisors shall take into consideration prevailing economic and market conditions, anticipated and actual needs for residential and non-residential space within the municipality and the availability and capacity of public facilities to accommodate the proposed PRD development.
(b)
If the applicant has demonstrated good cause for the requested change in the Development Schedule, the Board of Supervisors shall approve said request and the revised Development Schedule shall supersede and replace the initially or prior approved Development Schedule. The Board of Supervisors shall not unreasonably withhold approval of the updated Development Schedule.
(c)
Failure of the applicant to submit an updated Development Schedule shall not be deemed an abandonment of the PRD, but the Board of Supervisors may institute Enforcement Remedies as contained in Section 712.2 of the MPC.
