Multi-family dwelling projects are permitted as conditional uses in certain districts to provide the opportunity for the development of a variety of housing types in the Township. In addition to the conditional use standards set forth in this Chapter and the Township Building Code [
Chapter 5: Code Enforcement], the following standards shall apply to multi-family developments:
Procedure.
(1) Multi-family dwelling projects shall be considered major subdivisions and land developments subject to
Chapter 22: Subdivision and Land Development. This “major subdivision” classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multi-family dwelling projects, accordingly, will be made to the Township Planning Commission in the manner provided in the subdivision regulations. The developer shall also submit all information required by said regulations in addition to the following additional information:
(a) An application for multi-family dwelling conditional use by a letter or brief from the developer indicating how the development will specifically meet the conditional use standards of this Chapter.
(b) A proposed plot plan showing all necessary information to include, at a minimum, location of all buildings and improvements including roads, parking areas, planting strips, signs, storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems and the specific areas provided as open space pursuant to the requirements of this Chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the Township. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.
(c) A schedule or plan, and proposed agreement(s) either with the Township or a property owners association for the purpose of dedicating, in perpetuity, the exclusive use and/or ownership of the open space required by this Chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant’s proposed covenants and restrictions, but shall in any event, provide to the satisfaction of the Township that maintenance and use of the property, regardless of ownership, be restricted to either (1) activities intended for the sole benefit of the occupants of the particular project proposed or, (2) permanent open space as hereinafter provided.
(2) The application package shall be processed on a schedule concurrent with requirements for review and approval of other preliminary plans pursuant to the Township subdivision regulations [
Chapter 22: Subdivision and Land Development] including providing the County Planning Commission with a thirty-day opportunity to review copies of the entire package. The Township Planning Commission shall report its findings together with a recommendation indicating whether the conditional use criteria contained in
§ 27-508: Professional and Home Occupations will be satisfied.
(3) The Board of Supervisors shall act on the preliminary plan, conditional use, and planning module for land development concurrently, making the preliminary plan approval, if one shall be given, subject to approval of the planning module by the Pennsylvania Department of Environmental Protection (DEP).
(4) No building permit shall be issued to the applicant until all conditions attached to the approval of any preliminary plan, including DEP approval of the planning module, shall have been satisfied and nothing herein shall be construed as permitting the issuance of a building permit prior to preliminary plan approval. If the preliminary plan shall be rejected no conditional use, building or zoning permit shall be granted.
(5) Following preliminary plan approval, the developer shall provide for the installation of all required or proposed improvements including, but not limited to, streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall also be completed or guaranteed prior to the applicant’s request for final approval. No certificate of occupancy shall, however, be issued until such time as (a) final plan approval shall have been granted pursuant to the subdivision regulations [
Chapter 22: Subdivision and Land Development], and buildings have been completed and inspected by the Zoning Officer and a valid certificate of approval from the Pennsylvania Department of Labor and Industry, where required, is provided by the applicant.
(6) Person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created, or erect any building thereon except in accord with the provisions of this Chapter, and unless and until final plan approval and a certificate of occupancy shall have been granted and the plan has been recorded in the Office of the County Recorder of Deeds.
Common Property Ownership and Maintenance. In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of same shall be provided by the developer for approval by the Township. This shall specifically include, but not be limited to, provisions dealing with the ownership and maintenance of open space, improvements and utilities. Said arrangement shall indemnify the Township of any responsibility associated with same; and shall be prepared in accord with
Chapter 22: Subdivision and Land Development. The developer shall also submit evidence of compliance with the Pennsylvania Condominium Law or an attorney’s opinion that said law does not apply to the subject project.
