A. Development agreement.
The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement in which the applicant and Township shall set forth the terms and parameters for the development of the entire tract and, where necessary, provide for the recording of easements and other restrictions to facilitate development in accordance with the approved master plan.
B. Application criteria and the subdivision and land development review process.
Applications for development within the ROC/R District shall include the mandatory submission of a sketch plan (also referred to as a "master plan") and accompanying support data for the affected tract, as follows:
(1) Master plan. The master plan shall be drawn at the scale required by the Township's Subdivision and Land Development Ordinance for the submission of a preliminary plan. In addition, the submission shall contain in plan and textual format the following:
(a) The location and type of land use proposed within the tract and the total building area being proposed, represented by total square footage of buildings and approximate size and location of residential units.
(b) The general vehicular and nonvehicular circulation pattern for the entire tract, including points of access to the tract and the location, dimensions, and rights-of-way of the major road networks that will service the tract.
(c) The source of and general methods by which public water service and public sewer service shall be supplied and provided to the development.
(d) A chart or other tabulation demonstrating compliance with the applicable development standards of the ROC/R District.
(2) Accompanying data. The following documentation shall accompany the plan and be made part of the application:
(a) An environmental impact assessment containing all components required by the applicable sections of the East Whiteland Township Code and a fiscal impact study.
(b) A narrative generally describing proposed covenants, restrictions, and development standards for the property proposed for development.
(c) A narrative description of existing zoning and land uses on and adjacent to the tract.
(d) A narrative description of the tract's natural and man-made features and any restrictions created thereby.
C. Procedure. The following procedure shall apply to the review of applications for development in the ROC/R District:
(1) Master plan. The master plan shall be submitted to the Township, reviewed by the Township Planning Commission, and referred to the Board of Supervisors for a decision thereon;
(a) The Board of Supervisors may:
[1] Grant approval of the plan as submitted.
[2] Grant approval of the plan subject to specified conditions not included in the plan as submitted.
[3] Deny approval of the plan.
(b) Review and decisions on the master plan shall be in the time and manner as prescribed by Section 508 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508, for preliminary and final applications, except that the ninety-day period referenced within which a decision must be rendered shall be extended to 120 days.
(c) From the time an application for master plan approval is filed, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision, or other governing ordinance shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was filed. In addition, when a master plan has been approved, the applicant shall be entitled to preliminary approval in accordance with the terms of the master plan approval.
(2) Vested right to proceed following master plan approval. The applicant or any successor to the applicant for all or any portion of the development plan shall have a vested right to proceed according to the approved master plan and no subsequent change or amendment to the Township Zoning or Subdivision and Land Development Ordinance nor to any other governing ordinance, regulation, or plan shall be applied to affect adversely the right of the applicant or any successor to commence and complete any aspect of the approved master plan for a period of 10 years from the date of approval of the master plan.
(3) Preliminary and final plans. Following approval of the master plan by the Board of Supervisors, the applicant shall be required to submit both preliminary and final subdivision and land development plans of the tract (or that portion thereof intended for development) to the Township pursuant to the Subdivision and Land Development Ordinance of East Whiteland Township and the Pennsylvania Municipalities Planning Code.
D. Street design standards and parking.
(1) Parking.
(a) If the number of required spaces is substantially greater than the number of spaces anticipated as needed by the applicant, the applicant may request that the Board of Supervisors reduce the required parking by up to 25%. The Board may reduce the required number of spaces in accordance with the following criteria:
[1] The applicant shall provide evidence of reduced parking needs to the Planning Commission and Township Engineer, for their review and recommendation.
[2] Sufficient area shall be set aside for construction of the remainder of the required spaces in dedicated reserve parking areas, if and when they are deemed necessary by the Board.
[3] All stormwater engineering shall be designed based on total parking requirements, including the reserve.
[4] Parking capacity shall be re-evaluated by the Zoning Officer should any change occur in the use, size of building, or number of residents or employees and, following such re-evaluation, the Board may require the construction of additional parking spaces from the allocated reserve parking, up to the maximum required by Article XII upon the recommendation of the Planning Commission and Township Engineer.
[5] The applicant shall provide a financial guaranty approved by the Board to cover the cost of installation of the reserve parking spaces for a period of two years following complete build-out of the master plan, in a manner approved by the Board upon the recommendation of the Township Solicitor and Township Engineer.
(b) If an applicant proposing development within the ROC/R District demonstrates to the satisfaction of the Township traffic consultant that a certain percentage of users will patronize more than one use in the community during the same visit to the community and/or that peak parking demands for different uses occur at different times, then the applicant may, at its sole option, and in lieu of compliance with the otherwise applicable parking regulations relating to the number of required parking spaces, apply either: 1) the methodologies set forth by the Urban Land Institute in its publication Shared Parking, second edition, copyright 2005, or latest edition, in order to determine the required number of parking spaces; or 2) such other methodology as the applicant and the Board of Supervisors agree upon.
