Declaration of protective covenants.
Proposed covenants, easements and other provisions relating to the bulk, location and density of such residential units, nonresidential uses and public and community facilities as are necessary for the welfare of the residents of the planned residential development and are not inconsistent with the best interests of the entire Township shall be included in a Declaration of Protective Covenants and made part of a plan submission for planned residential development. Such covenants, easements and other provisions, if part of the plan as finally approved, may be modified, removed or released only in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
Phasing plan.
The landowner shall designate divisible geographic sections and number and type of dwellings of the entire parcel to be developed as a planned residential development and shall in such case specify the time periods within which development of each section is to be commenced. Each section to be developed may deviate from the number of dwelling units per acre established for the entire planned residential development, provided that such deviation shall be adjusted for in other sections of the development so that the number and the type of dwelling units per acre and other conditions authorized for the entire planned residential development are not affected. The period of the entire development and the commencement date for each section thereof may be modified from time to time by the Board of Commissioners upon the showing of good cause by the landowner. The landowner shall provide such easements, covenants and other arrangements and shall furnish such performance guaranty or guaranties in the form of a bond, escrow agreement or certified check as may be required by the Board of Commissioners to assure completion of streets, utilities and other on-site improvements in accordance with the plan and to protect the public interest in the event of abandonment of the plan before completion. In the event that the improvements in such section or sections are not satisfactorily completed and approved within the time period specified in the final approval of the plan or any extension thereof, the Board of Commissioners may declare an abandonment of such section or sections and have recourse to the performance guaranty or guaranties and may install such improvements as it shall deem necessary. Such guaranty or guaranties will remain in effect from the date of initial development of a section and shall remain in effect until two years after completion of the section.
Sewer and water facilities.
Planned residential development shall be served by central water facilities and central sanitary sewer facilities acceptable to the Board of Commissioners and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate municipal authority providing water or sewer facilities.
Modification of subdivision and land development standards.
The uniqueness of each proposal for a planned residential development may require that the specifications for the width and surfacing of streets and highways, alleys and ways for public utilities and for curbs, gutters, sidewalks, streetlights, public parks and playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be subject to modification from the specifications established in the Subdivision and Land Development Ordinance or in certain other Township ordinances. The Board of Commissioners may, therefore, waive or modify the specifications otherwise applicable for a particular public facility where the Board of Commissioners finds that such specifications are not required in the interest of the residents of the planned residential development and that the modifications of such specifications are consistent with the interests of the entire Township. Proposed specifications and standards that are inconsistent with those required under the prevailing Township ordinances shall be termed acceptable upon approval by the Board of Commissioners.
Application for tentative approval.
(1) The application for tentative approval shall be executed by the landowner and filed with the Township Secretary. An initial filing fee as set from time to time by resolution of the Board of Commissioners shall be paid upon filing the application and additional fees shall be paid from time to time as directed by the Township, to be supplied against the expense of processing the application. Such fees shall not exceed actual expenses incurred by the Township.
(2) The application for tentative approval shall include documents illustrating the following: see
§ 300-33N(2) for a list of requirements.
(3) The application for tentative approval shall also include the following documents: see
§ 300-33N(3) for more details.
Public hearing.
(1) Within 60 days after the filing of an application for tentative approval, a public hearing on the application shall be held by the Board of Commissioners pursuant to public notice. 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.
(2) A verbatim record of the hearing shall be caused to be made by the Board of Commissioners whenever requested by any party to the proceedings. The cost of making a transcribing such 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.
(3) The Board of Commissioners may continue the hearing from time to time or refer the matter to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
Findings after hearing.
(1) Within 30 days following the conclusion of the public hearing or hearings, the Board of Commissioners shall give official written communication to the landowner, either:
(a) Granting tentative approval of the plan as submitted; or
(b) Granting tentative approval subject to specified conditions not included in the plan as submitted; or
(c) Denying tentative approval of the plan.
(2) Failure of the Board of Commissioners to so act within the said period shall be deemed to be a grant of tentative approval of the plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication from the Board of Commissioners, give notice of his refusal to accept all of the conditions, in which case the Board of Commissioners shall be deemed to have denied tentative approval of the plan. In the event the landowner does not within the said period notify the Board of Commissioners of his refusal to accept all of the said conditions, tentative approval of the plan, with all conditions, shall stand as granted.
(3) The grant or denial of tentative approval shall be in the form of a written resolution that shall include findings of fact related to the specific proposal and shall set forth the reasons of the grant, with or without conditions or for the denial and shall set forth with particularity in what respects the plan would or would not be in the public interest. A copy of the written resolution shall accompany the official written communication to the landowner.
Status of plan after tentative approval.
Where tentative approval has been granted, the same shall be noted on the Township's Zoning Maps and the plan shall have the status established by and be subject to the provisions of Section 710 of Article
VII of the Pennsylvania Municipalities Planning Code.
Application for final approval.
(1) An application for final approval or any section thereof shall be submitted to the Township Secretary and shall comply with and be subject to the requirements and procedures of Section 711 of Article VII of the Pennsylvania Municipalities Planning Code. In addition, the application for final approval shall include all documentation submitted for tentative approval, shall comply with the conditions of tentative approval imposed by the Board of Commissioners, if any and shall be submitted within the time period specified by the official written conditions set forth under Subsection
P. The application for final approval shall also include a site plan at a scale of one inch to 50 feet delineating all building lots, as well as schematic architectural drawings of a typical building at a scale of one inch equals 32 feet.
(2) 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 section and by the official written communication of tentative approval, the Board of Commissioners shall, within 30 days of such filing, grant such plan final approval, except that in the event the plan as submitted contains variations from the plan given tentative approval, the Board of Commissioners may refuse to grant final approval and shall so advise the landowner in writing and set forth the reasons why the variations are not in the public interest and shall do so within 30 days from the filing of the application for final approval.
(3) The granting or denial of final approval of the plan shall be in the form and contain the findings required for a resolution on an application for tentative approval and the Board of Commissioners shall forthwith notify the landowner by official written communication of the granting or denial of final approval.
(4) In the event that a plan or section thereof is given final approval and thereafter the landowner shall substantially amend such plan or section thereof, the Board of Commissioners will require a public hearing.
(5) In the event that a 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 Board of Commissioners in writing or in the event that the landowner shall fail to commence and carry out the planned residential development or section thereof, within 180 days from the date final approval has been granted, no development or further development shall take place on the property included in the plan until the said property is resubdivided and reclassified by means of an amendment to the Township's Zoning Ordinance.
