1. The application for preliminary approval shall be executed by or on behalf of the landowner/applicant and filed with the Township Subdivision Coordinator. An initial deposit in the amount specified in the Township resolution covering fees shall be paid upon filing of the application to be applied against such expenses, and additional deposits shall be made from time to time as requested by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township. A sufficient number of copies of the application shall be submitted to provide for the forwarding for review.

2. The application for preliminary approval shall include information submitted for eligibility determination and the following written reports and plans illustrating compliance with all of the standards for planned residential development in this Article. Where necessary, the Board of Supervisors shall order such additional documentation as needed to aid them in their review.

3. Documentation shall include, but not be limited to, reports and supplementary materials describing and providing the following:

A. The location and size of the area involved, and adjoining area; and the nature of the landowner's interest in the planned residential development.

B. The proposed use areas and the net residential and commercial density of each proposed land use.

C. The location, function, size, ownership, and manner of maintenance of the open space and the homeowner's condominium association (if any) draft rules and by-laws governing common elements. [Ord. 5-1998]

D. The use and the approximate height, bulk and location of buildings and other structures.

E. Information showing the feasibility of proposals, including maintenance for sanitary sewage and stormwater disposition.

F. Documentation indicating feasibility for all utilities shall be furnished from all utility companies to the Board of Supervisors.

G. The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for public utilities.

H. The provision for parking of vehicles and location; right-of-way and cartway widths of proposed streets and public ways.

I. The traffic impact statement as outlined in §27-2605.5.

J. An environmental impact statement as outlined in §27-2605.6.

K. In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.

L. The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.

4. The application for preliminary approval also shall include, but not be limited to, the following plans:

A. Plans at 1 inch equal 100 feet of existing natural features of the land including topography vegetation and tree masses, drainage and soils, and streams, watercourses, steep slopes, floodplains and wetlands.

B. A site plan showing: approximate locations of buildings, road, parking areas at 1 inch equals 100 feet.

C. A plan at 1 inch equals 100 feet delineating open space indicating size, nature of facilities, structures, if any, and uses. [Ord. 5-1998]

D. A plan at 1 inch equals 100 feet delineating approximate locations, street types, right-of-way, cartway widths, manholes, typical driveway entrances, and other improvements.

E. Site plan illustrating phasing including a time schedule for all on-site and off-site improvements to be dedicated for public use, which may be modified from time to time by the Board of Supervisors.

F. A plan illustrating location and profile of all existing and proposed sanitary sewer mains and manholes, story sewer mains, inlets, manholes and culverts and water mains and fire hydrants.

G. A plan illustrating connection to public utilities, streets, and rights-of-way accompanied by documentation as to the impact of the proposed development on said public utilities, streets, and rights-of-way.

H. Architectural drawings illustrating exterior and interior designs of typical residential buildings of each type and of each nonresidential structure to be constructed, including statements and illustrations of materials to be used in construction.

I. A plan illustrating the relation of the proposed planned residential development to all of the adjacent properties boundaries and to the Township.

J. A conservation plan - sedimentation and erosion control strategy, as outlined in subsection .7.

K. A landscaping plan.

L. A recreation plan.

M. A stormwater management plan as outlined in subsection.4.J.

5. Traffic Impact Statement (TIS).

A. Traffic Impact Statements (TIS). The contents of a traffic impact statement shall pertain to the particular site under study and shall:

(1) Provide findings which represent the prevailing traffic conditions and roadway capacities by the use of studies which reveal the annual average daily traffic counts, the peak hour counts, the turning movements and the directional flow of traffic at intersections, the traffic accident records and the classification counts of vehicles segregated by type, size, and weight.

(2) Provide a description of the proposed development and the surround- ing land uses.

(3) Provide an assessment of the probable impact the completed development will have upon prevailing traffic conditions and anticipated future conditions.

(4) Provide an analysis of the probable impact on traffic flaws which may occur during the construction period.

(5) Describe steps proposed by the developer to minimize any adverse impacts during construction and after completion of the project.

(6) Provide any other data which may be needed to evaluate the effect the development will have on existing traffic conditions.

6. Environmental Impact Statement (EIS).

A. Environmental Impact Statements (EIS). The contents of an environmen- tal impact statement shall pertain to the particular site under study and shall:

(1) Provide an inventory of the existing environmental conditions at the site and the surrounding areas, which includes air and water quality, water supply, hydrology, geology, soil, topography, vegetation, wildlife, aquatic organisms, pollution sources, ecology, demography, land uses, aesthetics, history, and archeology.

(2) Provide a description of the proposed development.

(3) Provide a list of all licenses, permits and approvals required by law from other agencies.

(4) Provide an assessment of the probable impact of the proposed development upon all the inventory items.

(5) Provide a list of all the adverse environmental impacts which cannot be avoided.

(6) Describe the steps proposed by the developer to minimize the adverse impacts during and after construction.

(7) What alternatives exist to the proposed development.

(8) Provide a Municipal Fiscal Impact Analysis if required.

(9) Such other information necessary to evaluate the impact of the development upon the environment.

7. Conservation Plan; Erosion and Sedimentation Control Strategy.

A. The conservation plan shall show the total tract boundaries of the property being developed in order to facilitate its use as an overlay and to support the environmental impact statement and shall show as a minimum:

(1) Soil types including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion and soils suitable for urban development.

(2) Topography (USC & GS), along with ground control aerial photogrammetric survey.

(3) Floodplain area.

(4) Streams, creeks, rivers, watercourses, ponds and lakes.

(5) Fresh water wetlands.

(6) Permanent high water table areas and seasonal high water table areas throughout the site.

(7) Tree masses and wooded areas.

(8) Proposed layout including roadway circulation.

(9) Key maps with location of tract and surrounding area.

(10) Proposed dwelling unit mix by type and number.

(11) Tract buffers.

(12) Open space areas analysis including contiguous area.

(13) Information on utilities availability.

(14) Anticipated water supply and sanitary sewerage treatment.

(15) Existing and proposed easements.

(16) Analysis of surrounding land uses.

(17) Erosion and sedimentation control strategy, as outlined in subsection.4.L.

(18) Any other data found pertinent to the PRD tract.

B. The conservation plan which is required to accompany the request for preliminary and final approval shall be clearly and legibly drawn to the same scale as that of the preliminary and finals plans and shall be in the form of a transparent overlay for the preliminary and final plans.

C. The conservation plan for the preliminary and final approval stages shall show the total tract boundaries of the property being developed in order to facilitate its use as an overlay, and shall show:

(1) Contour lines at vertical intervals of not more than 2 feet for land with average natural slope of 4% or less, and at intervals of not more than 5 feet of land with average natural slope exceeding 4%.

(2) Location and elevation to which contour elevations refer: where reasonable practicable, datum used shall be a known, established bench mark.

(3) All existing watercourses, floodplain areas, wetlands, tree masses, trees over 4-inch caliper not part of a tree mass and other significant natural features within the proposed development and within 50 feet from the boundaries of the proposed planned residential development.

(4) Location and results of soil tests.

(5) Location and type of all critical areas and all erosion and sedimenta- tion control measures, including grassed waterways, diversions, debris basins or ponds, structures for water control, open drains, and tile, proposed dates when such measures shall be in effect, and supporting data assuring compliance with the erosion and sedimentation control standards as outlined in the erosion and sedimentation control strategy subsection.4.L.

(6) Notations indicating all trees or portions of tree masses to be cleared as part of the proposed development plan, together with reasons for such clearing.

(7) Notations indicating all proposed alterations of the natural grade, whether by cut or by fill, exceeding 1 foot, together with reasons for such alterations.

(8) Should any proposed alterations of the natural grade exceed the limits as defined in the Soil and Erosion Control Manual of the Pennsylvania Department of Environmental Protection (prepared by the State Conservation Commission and Bureau of Water Quality Management and USDA Soil Conservation Service, as amended), then a different transparent overlay drawn to the same scale as stated in subsection .7.C(1) above shall be prepared and submitted to show the typographical changes proposed. Changes proposed may be subject to the district conservationist, Township Engineer, as well as the Board of Supervisors. [Ord. 2-2005]

8. The preliminary application shall also include an analysis that identifies the project's impact in terms of traffic, environment, and conservation - erosion and sedimentation during the phases of development. It also shall include the reasons the planned residential development would be in the public interest and would be consistent with the Township's Comprehensive Plan.

9. One copy of every application for preliminary approval received by the Township Secretary shall be promptly forwarded to the Township Planning Commis- sion and to the Delaware County Planning Commission for study and recommendation as required by the Pennsylvania Municipalities Planning Code. The Township shall also forward a copy of each application to the Soil Conservation Service for its recommendations. The Township Planning Commission and the Delaware County Planning Commission shall review and report upon the application to the Board of Supervisors within 30 days of such referral. One copy of the reports of the respective Planning Commissions shall be furnished to the landowner upon receipt by the Board of Supervisors, but in any event, not less than 5 days before the appointed time of the public hearing provided in §27-2606 of this Article.

(Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, §505; by Ord. 5-1998, 7/111998, §1; and by Ord. 2-2005, 7/6/2005)

1. Public Hearings.

A. Within 60 days after the filing of an application for preliminary approval of a planned residential development pursuant to this Article, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors in the manner provided by this Chapter for the enactment of an amendment. The Chairman, or, in his absence, the Acting Chairman of the Board of Supervisors or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party record at a hearing shall have the right to cross- examine adverse witnesses.

B. A verbatim record of the hearing shall be caused to be made by the Board of Supervisors. Whenever such record's are requested by any party to the proceedings, the cost of transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.

2. The Findings.

A. The Board of Supervisors, within 60 days following the conclusion of the public hearing shall, by official written communication, to the landowner/applicant, either:

(1) Grant preliminary approval to the development plan as submitted.

(2) Grant preliminary approval subject to specified conditions not included in the development plan as submitted.

(3) Deny preliminary plan approval to the development plan. Failure to so act within said period shall be deemed to be a grant of preliminary approval of the development plan as submitted. In the event, however, that preliminary approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify the Board of Supervisors of his refusal to accept all said conditions, in which case the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, preliminary approval of the development plan, with all said conditions, shall stand as granted.

B. The grant or denial of preliminary approval by official written communica- tion shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:

(1) Those respects in which the preliminary development plan is or is not consistent with the Comprehensive Plan for the development of the Township.

(2) The extent to which the development plan departs from Zoning and Subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.

(3) The purpose, location and amount of the open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the open space, and the adequacy or inadequacy of the amount and purpose of the open space as related to the proposed density and type of residential development. [Ord. 5-1998]

(4) Maintenance of sewage and water systems.

(5) The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

(6) The relationship, beneficial or adverse, of the proposed planned residential development of the neighborhood in which it is proposed to be established.

(7) In the case of a preliminary development plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

C. In the event a preliminary development plan is granted preliminary approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the Board of Supervisors the time so established between the grant of preliminary approval and application for final approval shall be not less than 3 months nor more than 1 year and, in case of development over a period of years, the time between applications for final approval of each part of the plan shall be not less than 12 months nor more than 18 months.

3. Status of Plan After Preliminary Approval.

A. The official written communication provided for in subsection .2 of this Article shall be certified by the Township Secretary and shall be filed in his/her office, and a certified copy shall be mailed to the landowner. Where preliminary approval has been granted, the same shall be noted on the Zoning Map.

B. Preliminary approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given preliminary approval as submitted, or which has been given preliminary approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the preliminary approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting preliminary approval.

C. In the event that a development plan is given preliminary approval and thereafter, but prior to final approval, the landowner shall select to abandon said development plan and shall so notify the Board of Supervisors in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the preliminary approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township Secretary.

(Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, §506; and by Ord. 5-1998, 7/1/1998, §1)