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CRAWFORD, WILSON, RYAN & AGULNICK, P.c.
By: Fronefield Crawford, Jr., Esquire
Attorney l.D. No. 07804
220 West Gay Street
West Chester, PA 19380
Telephone: (610) 431-4500
Attorney for Plaintiff
KMWW Partnership
KMWW PARTNERSHIP
cfo Arthur C. Olsen
PO Box 577
Paoli, P A 19301
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
: No. 00 - 8837 CIVIL
vs.
MIDDLESEX TOWNSHIP
BOARD OF SUPERVISORS
350 N. Middlesex Road, Suite 1
Carlisle, P A 17013
Defendant.
: IN MANDAMUS
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint and
Notice are served, by entering a written appearance personally or by an attorney and filing
in writing with the Court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment
may be entered against you by the Court without further notice for any money claimed in
the Complaint or for any other claim or relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
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CRAWFORD, WILSON, RYAN & AGULNICK, P.c.
By: Fronefield Crawford, Jr., Esquire
Attorney l.D. No. 07804
220 West Gay Street
West Chester, P A 19380
Telephone: (610) 431-4500
Attorney for Plaintiff
KMWW Partnership
KMWW PARTNERSHIP
c/o Arthur C. Olsen
PO Box 577
Paoli, P A 19301
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
: No. 00 - If'3? CIVIL
vs.
MIDDLESEX TOWNSHIP
BOARD OF SUPERVISORS
350 N. Middlesex Road, Suite 1
Carlisle, P A 17013
Defendant.
: IN MANDAMUS
COMPLAINT IN MANDAMUS
KMWW Partnership files this Complaint In Mandamus seeking deemed approval by the
. court of Plaintiff s planned residential development tentative plan, pursuant to S 709 of the
Pennsylvania Municipalities Planning Code ("MPC"), 53 Ps. s 10709, and in support
thereof avers and says:
1. Plaintiff, KMWW Partnership, with its principal business office located at 1800 Avenue
of the Stars, Suite 1112, Los Angeles, California, 90067, and with a Pennsylvania office
address at cj 0 Olsen Associates Architects, 528 Sugartown Road, Malvern, Pennsylvania,
19355, is the owner of a 503 acre tract of land located in an RF-Residential Farm Zoning
District of Middlesex Township, Cumberland County, Pennsylvania.
2. Middlesex Township ("Township") is a municipality organized under the Second Class
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Township Code, with an address of 350 North Middlesex Road, Suite 1, Carlisle,
Pennsylvania, 17103.
3. For several years, representatives of Plaintiff have intermittently discussed with
officials of Middlesex Township the proposed development of the subject property,
bordered on the north and east by Conodoguint Creek, as a planned residential
development ("PRD"), as authorized under Article XVI of the Middlesex Township Zoning
Ordinance.
4. On or about June 5, 2000, Plaintiff submitted, pursuant to 9707 of the Pennsylvania
Municipalities Planning Code ("MPC"), 53 P.S. 910707, to the Middlesex Township Board
of Supervisors and Planning Commission an application for tentative approval of a
planned residential development of the subject property as "The Village of Sterling," said
application consisting of the following components:
a. Letter dated June 5, 2000 from Fronefield Crawford, Jr., Esquire, counsel for
Appellant;
b. Letter dated June 5, 2000 from Project Manager, Arthur C. Olsen, describing
the tentative plan for planned residential development;
c. Copy of Township Ordinance No. 6-93 (Article XVI Planned Residential
Developments of the Township Zoning Ordinance) with Mr. Olsen's
comment with respect to each component of Article XVI;
d. Tentative Master Plan for KMWW Partnership;
e. Statistical Facts Tentative Master Plan for Villages of Sterling;
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f. Tentative Site Development Plan; and
g. Phasing Plan.
A copy of the Tentative Plan Submission, with these components, is appended hereto as
Exhibit" A."
5. The plans as submitted contain all the informational requirements as set forth under
13 707 of the Pennsylvania Municipalities Planning Code ("MPC"), 53 P.S. 13 101707.
6. On or about June 20, 2000, the Middlesex Township Board of Supervisors, at a public
meeting, voted to reject the Plaintiff's Tentative Planned Residential Development Plan
(confirming the Decision of the Middlesex Township Zoning Officer, Mark D. Carpenter,
to the same effect). A copy of the Township Zoning Officer's Rejection Letter, to which he
also attached his "Zoning Officer's Review Notes" is appended hereto as Exhibit "B."
7. The articulated bases for rejection of the Appellant's Tentative Plan are based upon the
failure of the Tentative Plan Submission to comply with the informational requirements set
forth in various sections of Article XVI ("Planned Residential Developments") of the
Township Subdivision and Land Development Ordinance (Ordinance No. 8-90, as
amended).
8. S 708(a) of the MPC states:
"Within sixty (60) days after the filing of an application for tentative'
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 governing body or the planning agency, if designated, in the
manner prescribed in Article IX."
9. Defendant, Board of Supervisors of Middlesex Township failed to schedule and failed
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to hold a public hearing within sixty (60) days ("First Sixty (60) Day Requirement") after
the filing of the application for tentative approval on June 5, 2000.
10. S 708(b) of the MPC states:
"In any event, the public hearing or hearing shall be concluded within
sixty (60) days after the date of the first public hearing."
11. Defendant, Middlesex Township Board of Supervisors failed to conclude public
hearings within sixty (60) days ("Second Sixty (60) Day Requirement") after the maximum
time period for scheduling the first public hearing, to wit one hundred twenty (120) days
after the Plaintiff's filing of the planned residential development application for tentative
approval on or about June 5, 2000.
12. S 709(a) of the MPC states:
"The governing body, or the planning agency, within sixty (60) days
following the conclusion of the public hearing. . . shall, by official written
communication to the land owner, either
1. Grant tentative approval. . .
2. Grant tentative approval subject to specified conditions. . .
or;
3. Deny tentative approvaL"
13. Other than the summary rejection of Plaintiff's application as referenced in
paragraphs 6 and 7 above, Defendant Board of Supervisors of Middlesex Township failed
to issue a decision on the merits of the Plaintiff's application for tentative approval of
planned residential development within the additional sixty (60) days specified in Section
709(a) of the MPC, ("Third Sixty (60) Day Requirement"), to wit, within one hundred
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eighty (180) days after the filing of Plaintiff's application on June 5, 2000.
14. S 709 of the MPC states, with respect to the failure of the governing body to issue an
official written communication within the period of the Third Sixty (60) Day Requirement
(i.e. within one hundred eighty (180) days after filing):
"Failure to act within said period shall be deemed to be a grant of
tentative approval of the development plan as submitted.
15. Defendant, Board of Supervisors of Middlesex Township has failed to act in
accordance with the First, Second and Third Sixty (60) Day Requirements as herein above
referenced, being a total of one hundred eighty (180) days of the filing of the Plaintiff's
application for tentative approval, and hence Plaintiff is entitled, pursuant to S 709 of the
MPC to deemed tentative approval of the planned residential development plan as
submitted.
16. Plaintiff lacks an adequate remedy at law to compel Defendant to grant tentative
approval to the development plans as submitted.
WHEREFORE, Plaintiff requests that the Court order the Defendant, Board of
Supervisors of Middlesex Township, to grantto Plaintiff, tentative approval of the planned
residential development plans as submitted on June 5, 2000.
Respectfully submitted:
Crawford, Wilson, Ryan & Agulnick, P.c.
Dated: 1'\..-'l...7-00
By:
fi ld Crawfor ., Esquire
Att r y for Plaintiff
KMWW Partnership
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COWv!Ol'lWE,A.L TI:l" QF PENNsn V A.~IA .
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VERIFICATION
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. , . Arthl.l):'blsen hereby ;;rates that he. is the Project~fa.ltage.rfol: KMWW PUlTlersh\p, '
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.. Plaintiff in this il"tiOn, ;Uld he vermes tha.t .the stah!~ntstT\i1dein the toref;Qing CompllU.l1t
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!'1u1unctel'sign.ed understa.l:\ds that the statements thereinare~tt/s';lP~tt t:hjl~p!:)na1ties
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, of la, P A. S. 94904 relat:U1g to ulIsworn fillsification.ro lli.ttno#tiJ/i../ /..' , . '
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. CRA\VFORD .WILSON · RYAN & AGULNICK
A PROFESSIO'\__\L CORl'OR,HIO'\ . ATTOR.\E\S ,J"T L.-\w
FRO~EFIELD CR,\\\'FORD. JR,
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June 5, 2000
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Middlesex Township Board of Supervisors and
Planning Commission
(Hand Delivery)
Re: The Villages of Sterling PRD/KMWW Partnership
Application for Tentative Approval of Planned
Residential Development Per ~707 of the
Pennsylvania Municipalities Planning Code ("MPC"(
Dear Supervisors and Planning Commission Members:
KMWW Partnership hereby submits, pursuant to ~707 of the Pennsylvania
Municipalities Planning Code, its application for tentative approval of planned
residential development of the Villages of Sterling, in accordance with the
letter/application by Olsen Associates Architects appended hereto.
Mr. Olsen's letter, application, appendix and plans and scripted materials submitted
therewith, address all of the requirements of ~707 of the MPC, with the exception of
the supplementary materials set forth hereinbelow.
There is no separate fee authorization set forth in Article 7 of the MPC; however, the
applicant is willing to comply with the review fee arrangements set forth in ~503 of the
MPC, as follows:
"Review fees may include reasonable and necessary charges by the
municipality's professional consultants or engineer for review and report
thereon to the municipality. Such review fees shall be based upon a
schedule established by ordinance or resolution. Such review fees shall be
reasonable and in accordance with the ordinary and customary charges by
the municipal engineer or consultant for similar service in the community,
but in no event shall the fees exceed the rate or cost charged by the
engineer or consultant to the municipalities when fees are not reimbursed
or otherwise imposed on applicants." .
220 WEST G,w STREET. \VEST CHESTER. PE:\:\SYI.\:-\'\l:\ 19J80~293-J.. (610) 431-4500. F.--\.'\: (610) 430~8718
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Middlesex Township Board of Supervisors and
Planning Commission
June 5, 2000
Page 2
We suggest that an escrow fund be established, in an -amount to be mutually agreed
upon between the Township and the Applicant. The escrow fund will be drawn upon
by the Township to reimburse review fees. When the escrow fund is drawn down to
a certain level (i.e., 50% of the base amount of the fund), the fund will be restored to
its original amount.
I have attempted to contact your Solicitor by phone, and I would suggest that he and
I work toward establishing the amount in terms of the review fee agreement.
The following is the supplementary information, legal in nature, under ~707(4) of the
MPC, as referenced in Mr. Olsen's letter/application:
~707 (4) (iii)
~707(4)(vi)
The form of organization proposed to own and maintain the
common open space is a not-for-profit corporation to be known as
the "Villages of Sterling Community Association." Membership in
the Association will be mandatory for all property owners within
the community. The Association will collect assessments from all
property owners, and the assessments will be used for maintaining
the open space within the community, including the active
recreational features described in the letter/application. Based upon
the mandatory assessments, all residents of the community will
have membership access to the active recreational facilities, and
easements of access to the passive open space areas (i.e., for walking
paths, etc.)
The substance of the covenants, grants of easements and other
restrictions proposed to be imposed upon the land within the
project will be set forth in a "Declaration of Covenants, Easements,
Restrictions, Charges and Liens" to be recorded and thus applicable
to all portions of the Villages of Sterling. The Declaration will
provide, inter alia, for the following:
a. Utility easements will be provided on a "blanket" basis
across "-11 common open space areas. In addition, utilities
will be placed within road rights-of-way.
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June 5, 2000
Page 3
b. The initial number of dwelling units subject to the
Declaration will be described, and the Declaration will
provide for the expansion of the number of units to be
subject to the Declaration as each phase of the development
is constructed, so that, in its entirety, the Declaration will
apply to all dwellings and supplementary commercial
properties within the community.
c. The Declaration will provide for mandatory membership of
all property owners in the Community Association, and will
provide for voting rights for all members of the Association.
d. The Declaration will provide easements of access for all
property owners to all areas of the common open space,
subject to each member's compliance with member
obligations, including the payment of assessments.
e. The Declaration will provide for the covenant for
maintenance assessments, including the purpose of the
assessments (primarily for maintaining the common open
space areas), the methods for fixing rates of assessments, and
remedies for the Association in the event of non-payment of
assessments, including the right to file liens.
f. The Declaration will provide for restrictions on the common
facilities, including active and passive open space areas.
g. The Declaration will provide for the Association to have the
maintenance responsibility for all community facilities,
including stormwater management facilities, and active and
passive recreational facilities.
h. The Declaration will provide rights for Middlesex Township
to order corrective measures in the event, that the
Association fails to properly maintain the common facilities
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June 5, 2000
Page 4
and, in the event of the Association's failure, after reasonable
notice, to effect such corrections, to step in and, after
performing corrective work, liening the properties within
the community, in accordance with P05(Q of the MPC.
1. The Declaration will provide for general restrictions on the
development and use of individual lots within the
community.
J. The Declaration will have provIswns dictated by the
requirements of the Uniform Planned Community Act.
Sincerely yours,
FCJ J
Enclosure
cc: KMWW Partnership
Arthur C. Olsen
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ASSOCIATES
HIT E CT S
ARCHITECTURE/LAND PLANNING
June 5, 2000
Middlesex Township
Board of Supervisors &
Planning Commission
(By Hand Delivery)
RE: The Villages of Sterling PRD
KMWW Partnership
Dear Members Of the Board of Supervisors and Planning Commission:
This is a submittal for Tentative Plan 'approval on behalf of and for the property owned
by I<MWW Partnership on Country Club Road in Middlesex Township.
The following salient information concerns the application for Tentative Master Plan
submission of the I<MWW Partnership property known as the Villages of Sterling
This is an application for Tentative Master Plan approval and is being submitted on
behalf of the owner, I<MWW Partnership, Mr. Fred Kayne(general partner) Mr. Kayne's
address is 1800 Avenue of the Stars, Suite 310, Los Angeles, CA 90067
See attached cover letter from Crawford, Wilson, Ryan and Agulnick concerning the fee
to the township for review of the application for Tentative Approval of the Master Plan.
The Tentative Master Plan incorporates and meets all of the requirements of Middlesex
Townships Planned Residential Ordinance(PRD)(ordinance 6-93) and the
Comprehensive Plan goals of Middlesex Township.
The following address specific issues concerning the application for Tentative Approval
of the Master Plan.
1. The location and topography of the I<MWW site is represented on the attached
drawings. The size of the property is 503.15 acres. The owner of the property is
KMWW partnership, Mr. Fred Kayne is the general partner. The property is owned fee
simple by the Partnership. The partnership intends to develop the property under
Middlesex Townships' Planned Residential Development zoning(ordinance 6-93).
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PO BOX 577 PAOLI. PA 19301 (610) 644 4098 FAX (610) 644 1269 OAARCH@ool com
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2. The overall density of the land use is 1.97 units per acre, which is less than the
allowable of 2 units per acre in the PRD ordinance. The allocated breakdown of the
land use is further represented in the appendix and in the attached drawings.
3. . The location and size of the common open space is shown on the attached
draWIngs. The form of organization to own and maintain the common open space is an
expandable Homeowners Association and is further outlined in the appendix.
4. Residential dwellings proposed for developmenLwill include one(1.1/2) and 2
story structures with none exceeding 35 feet in height. Two existing barns are on the site
and will be renovated for the use of the residents.
5. Discussions with the Township Water and Sewer Authorities indicates that
public water and sewer are available for the project. A new 12" water main has been
installed on the property and public sewer is approximately 1,800 feet from the site.
6. See attached cover letter from Crawford, Wilson, Ryan and Agulnick concerning
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.
7. The provisions for parking of vehicles and the location and width of proposed
streets and public ways is shown on the attached drawings and in the appendix.
8. The required modifications in the municipal land use regulations otherwise
applicable to the subject property are the use of the Planned Residential
Development,(ordinance 6-93) There are no modifications necessary or proposed for
the Planned Residential development ordinance
8. Energy cOnservation and the utilization of renewable energy resources will be
used and or incorporated in the planning and construction wherever possible. The PRD
by virtue of preserving open space, utilizing less roadway, preserving environmentally
sensitive areas, and on site facilities' has the effect of energy conservation and
maintaining renewable energy resources.
9. The development will be over a period of years, the attached drawing showing
the phasing plan which indicates the schedule of phasing.
10. A Planned Residential Development for the KMWW site is in the public inte~est
and is consistent with the Comprehensive Plan for Middlesex Township. The followmg
are some of the more important facts concerning the Tentative Master Plan design for the
KMWW site.
. The PRD zoning utilizes the least amount of ground, provides the most open
space, and the least amount of future maintenance for the township. The PRD
also benefits the township by designating and controlling growth in an area, thus
preserving open space and farmlands. In this case the PRD will keep
approximately 900 acres in farming for the foreseeable future.
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TENTATIVE MASTER PLAN SUBMIITAL LEITER
JUNE 5, 2000
KMWW PARTNERSHIP
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LETTER
PAGE 3
· The density in the existing PRD ordinance is 2 units per acre, which is very low
for a PRD ordinance. Most PRO's have a density of 10 to 12 units per acre.
This ordinance was intended for a more rural setting and achieves the goal
through low density and a large requirement for open space(40%).
· The PRD plans for the future traffic planning in that market pressures will
cause residential homes to be built in the community over time, even under the
existing zoning, which is very large lots(60,000 square feet). The amount of new
homes over the next 20 years will be the same based on market conditions. If
developed under larger lots none of the advantages and efficiencies of the PRD
would apply. Infrastructure and maintenance for streets, sewer, water would be
considerably more.
· Utilizing a 22 foot wide roadway the increase in street roadway is from 22
acres to 63 acres compared to a 60,000 square foot lot. These roadways are
maintained by the township with the same tax money. In addition the existing
60,000 square foot lots would produce no open space.
· PRO's address the general goals for affordable housing by requiring a mix of
housing types and thus a cross section of price ranges. The efficiencies of the
PRD design can also be passed to the future homeowners as well as to the
township.
· The PRD zoning meets the future residential requirements and pressures while
minimizing the impact on the township.
By encouraging innovations in residential and nonresidential development and
renewal so that the growing demand for housing and other development may be
met by a greater variety in type, 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.
· Provides greater opportunities for better housing and recreation in the
Township.
Encourages a more efficient use of land and of public services and reflects
changes in the technology of land development so that economies secured may
inure to the benefit those who need homes and for other uses.
· Encourages a more flexible land development which will respect and conserve
natural resources such as streams, lakes, floodplains, groundwater, wetlands,
wooded areas, steeply-sloped areas and areas of unusual beauty or importance
to the natural ecosystem.
· Provides a procedure which can relate the type, design, and layout of
residential and nonresidential development to the particular site and the
particular demand for housing existing at the time of development in a manner '
consistent with the preservation of property values within existing residential
,md nonresidential areas, and to assure that the increased flexibility of
regulations over land development authorized herein is carried out under such
administrative standards and procedures as shall encourage the disposition of
proposals for land development without undue delay. .
TENTATIVE MASTER PLAN SUBMITTAL LETTER
JUNE 5, 2000
KMWW PARTNERSHIP
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· The PRD ordinance provides for planning a new community, such as the
Villages of Sterling, to revolve around the family's' lifestyle. Children have many
needs and activities that must be addressed. This usually involves an enormous
amount of driving time, leaving the parents little time for themselves. The
Villages of Sterling will provide most of these activities on site, from little league
to the 12 mile path system which will allow all the residents easy walking or
bicycling to the activity center.
· The focus of the design for Sterling is be center!,!d around a families lifestyle;
the active family the extended family, and'the on site activities.
. Some of the villages will be reserved for the grandparents, where the
grandchildren can visit but walk or ride their bicycle home in 5 to 10 minutes.
. The settings for the single family homes are quite unique. Approximately 50%
of the single family lots open onto a park. The parks vary in size from 2.1/2 to 5
acres.
. Other single family lots back up to open space that surrounds the property, the
minimum size abutting the site property line is 100 feet, the open space behind
the lots that back onto the Condoguinet Creek varies from 400 feet to 1000 feet.
. The list of on site activities, amenities, business, restaurants, etc. That will
eventually be on site is extensive. The available amenities and activities will
grow as the project develops.
· AFFORDABLE HOUSING:
· Townhomes
Townhomes are projected to sell for $100,000 to $140,000.
Single family homes are projected to sell for $180,000 to $250,000.
· Single Family Lots:
Average lot size is 11,670 square feet. '
All lots will accommodate homes from 2,000 square feet up to 3,000 square feet
with four bedrooms, 21/2 bath and a two car garage.
All of the homes will be oriented to the rear for views of the parks and/ or access
to the open space; Le. the living areas, kitchen, family, breakfast rooms and
master bedrooms.
· OPEN SPACE:
The open space is z475% of the site, or 239 acres,
All of the lots back onto the open space,
A path/trail system is designed for the site and is approximately 12 miles long,
Each village has its own passive open space.
The internal path system will be handicap accessible.
. ON SITE AMENITIES
The list of activities, business, restaurants, etc. That will eventually be on site is
extensive. The available amenities and activities will grow as the project
develops. The on-site amenities provides a unique factor of decreasing traffic off
site, since most daily needs can be on-site.
.
TENTATIVE MASTER PLAN SUBMITTAL LETTER
JUNE 5, 2000
KMWW PARlNERSHIP
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LETTER
PAGE 5
. ThePRD ordinance and the design of the Villages of Sterling offers a unique
development which creates an active, family oriented, community that addresses
the busy lifestyle that we all live and is harmonious with the environment, the
pu lic interest and the Comprehensive Plan for Middlesex Township.
Appendix:
ORDINANCE NO. 6-93
SECTION 16.01 - STATEMENT OF INTENT.
SECTION 16.02 - ELIGIBILITY REQUIREMENTS
SECTION 16.03 - LAND USE OF CONTROL AND DENSITY REQUIREMENTS
SECTION 16.04 - SITE ANALYSIS
SECTION 16.05 - SITE DESIGN REQUIREMENTS
SECTION 16.07 - DEVELOPMENT IN STAGES
Attachments:
Drawings
#1 Overall Tentative Master Site plan
#2 Phasing Plan
#3 Site Statistics
end: Cover letter, Crawford, Wilson, Ryan, and Agulnick
.
TENTATIVE MASTER PLAN SUBMITTAL LETTER
JUNE 5, 2000
KMWW PARTNERSHIP
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APPENDIX
The following is salient information concerning
the application for Tentative Master Plan
submission of the KMWW Partnership property
known as the Villages of Sterling
For the purposes of order and clarity, 'excerpts from
ordinance No 6-93 are presented below. The
bracketed areas(in sep<lr<lte typeface(font)) are
comments, responses, or specific answers to the
requirements of the ordinance in relation to the
Tentative Master Plan submittal of the KMWW
Partnership
This is an exam pie of a bracketed area for comments, responses, or answers.
-----------~---------~--------------------------------
ORDINANCE NO. 6-93
ARTICLE XVI
PLANNED RESIDENTIAL DEVELOPMENTS
SECTION 16.01 - STATEMENT OF INTENT.
In addition to the general goals listed in the statements of Purpose (Section
102) and the Community Development Objectives (Section 103), it is the
purpose of the Planned Residential Development District to:
A. To assure that the provisions of the, Middlesex Township
Zoning Ordinance which are concerned in part with the uniform treatment
of dwelling type, bulk, density, intensity, and open space within each zoning
district, shall not be applied in a manner that would distort the objectives of
said zoning ordinance.
B. To encourage innovations in residential and nonresidential
development and renewal so that the growing demand for housing and other
development may be met by a greater variety in type, 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.
The tentative mae;ter plan provides a design for a active famiiy and extended family
community. The extensive open space provided provides passive and active open spaces
for eve~one's use, The nature trail along the Condoguinet Creek Is approximateiy three
miles long, internai village open space has been provided throughout the development
large enough to accommodate both active and passive activities. Centrally located is a
TENTATIVE MASTER PLAN SUBMITTAL
JUNE S, 2000
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sports complex consisting of soccer, football, and baseball fields. Also centrally located
is and activity and convenience center which wiil provide a host of activities and services
for the community, similar to a town center. This center will provide all the services
necessary so that the residents wouid only need to ieave the site for work or major
shopping.
------------------------------------------------------
C. To provide greater opportunities for better housing and
recreation in the Township.
------------------------------------------------------
The pianned residential development zoning has allowed the master plan to achieve better
and more affordable housing for the extended community. The unique type of community
that this zoning allows, large open spaces, on site recreation, an active sports complex,
on site activity and convenience center, and a path system that interconnects the entire
development, it also provides affordable housing and recreation in a neighborhood tyPe
community.
------------------------------------------------------
D. To encourage a more efficient use of land and of public services
and to reflect changes in the technology of land development so that
economies secured may inure to benefit those who need homes and for other
uses.
The tentative master plan utilizes planning principals that allow extensive amounts of
open space, preservation of the natural ecosystem. These principals also allow the
housing to be more affordable by utilizing slightly narrower lots, which minimizes road
construction and impact on the site. Less roads means less taxes for plowing,
maintenance etc. The public services are also enhanced through the open space, which
allows mortl activities on site and enjoyment of the natural featurtls of the site.
E. To encourage a more flexible land, development which will
respect and conserve natural resources such as streams, lakes, floodplains,
groundwater, wetlands, wooded areas, steeply-sloped areas, and areas of
unusual beauty or importance to the natural ecosystem.
The flexibility of the master plan and the zoning has allowtld the plan to btl totally
sensitivtl to; and will respect and conserve the natural ecosysttlm. The Condoguinet
Creek, the wetlands, flood plain and existing tree canopy will be undisturbed, with the
tlXception of a nature trail for the enjoyment of the residents of the developmtlnt.
.
F. In aid of the foregoing purposes, to provide a procedure which
can relate the type, design, and layout of residential and nonresidential
development to the particular site and the particular demand for housing
existing at the time of development in a manner consistent with the
preservation of property values within existing residential and
nonresidential areas, and to assure that the increased flexibility of regulations
over land development authorized herein is carried out under such
administrative standards and procedures as shall encourage the disposition of
proposals for land development without undue delay. .
TENTATIVE MASTER PLAN SUBMmAL
JUNE 5, 2000
KMWW PARTNERSHIP
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The zoning and its subsequent controls. via an overview of the homeowners associations,
the preservation and maintenance of the open space and on site facilities; will protect
and preserve the prope~y values for the community and the residents of the
development.
-------------------------
SECTION 16.02 - ELIGIBILITY REQUIREMENTS
No application for a Planned Residential Development shall be considered or
approved by the Board of Supervisors unless the following initial
requirements are met:
A. The proposed Planned Residential District shall consist of one or
more contiguous parcels of land under single ownership.
---------------------~--------------------------------
The site for the proposed Planned Residential Development Is 503 contiguous acres
under single ownership.
------------------------------------------------------
B. The proposed Planned Residential Development shall contain a
minimum of two-hundred fifty (250) acres of land and be situated entirely
within a single then existing Zoning District as defined by the Middlesex
Township Zoning Ordinance. This area, upon final approval hereunder,
shall become the Planned Residential Development District.
----------------------------------~-------------------
The prope~y is 503 acres under a single zoning district(R-F).
------------------------------------------------------
C. The proposed Planned Residential Development District shall be
served only by this Township's municipal water supply system and
municipal sanitary sewer system as operated by the Middlesex Township
Municipal Authority. The applicant shall provide proof to the Board of
Township Supervisors that capacity for both utilities is available for its
proposed Planned Residential Development.
The development wiil be served by the Townships municipal water system and the
municipai sanitary system as operated by the Middlesex Township Municipal Authority.
D. The proposed Planned Residential Development District shall be
permitted to locate only in the R-S Residential-Suburban Zoning District and
in the R-F, Residential-Farm Zoning District.
1. A Planned Residential Development which is to be
located in a (R-F) Residential Farm-Zoning District, and which
meets the additional criteria established in this Article, shall be
permitted to use the (R-S) Residential-Suburban Zoning District
standards and provisions of Article VIII of the Requirements of.
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
KMWW PARTNERSHIP
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PAGE 4
Section 16.05 of Article XVI of the Middlesex Township Zoning
Ordinance.
------------------------------------------------------
The property meets the criteria of size, ownership, and the overiying zoning district.
------------------------------------------------------
E. A minimum of forty percent (40%) of the gross tract area of the
proposed Planned Residential Development shall be devoted to common
open space, but under no circumstances shall the common open space be less
that one hundred fifty (150) acres.
------------------------------------------------------
The Master Plan provides 239 acres of common open space which equals 47.5% of the
gross tract area of 503 acres.
------------------------------------------------------
F. The maximum gross residential density for the total Planned
Residential Development Tract shall not exceed two (2) dwelling units per
acre.
------------------------------------------------------
The Master Plan provides a totai of 991 dwelling units which yieids a gross density of 1.97
dweiiing units per acre.
G. The proposed Planned Residential Development shall be
generally consistent with the Comprehensive Plan for the Township of
Middlesex.
The Master Plan of the proposed Pianned Residential Development is consistent with the
Comprehensive plan for the Township of Middlesex. The plan provides 239 acres of
common open space which equais 47.5% of the gross tract area of 503 acres. The plan
provides affordable housing, is very sensitive to the environment,
SECTION 16.03
REQUIREMENTS
LAND USE OF CONTROL AND DENSITY
A.
limited to:
Uses permitted in a Planned Residential Development shall be
1.
Residential Uses:
a. Single family detached dwellings;
b. Single family semi-detached dwellings;
c. Two family detached dwellings;
d. Single family attached dwellings (townhouses);
e. Multiple family dwellings.
The Master Plan provides utilizes single famiiy detached dwellings and single family
attached dweiiings(townhouses) in the design of the land plan.
.
------------------------------------------------------
2. Non-residential Uses:
TENTATIVE MASTER PLAN SUBMITIAL
JUNE 5, 2000
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The following non-residential, commercial uses may be
permitted in a planned residential development only to the
extent that they are designed and intended primarily to serve
residents of the Planned Residential Development and are
compatible and harmoniously incorporated' into the unitary
design of the Planned Residential Development:
Commercial uses of the local convenience retail and service type
located to serve primarily the residents of the Planned
Residential Development. Examples of such uses are grocery
stores, drug stores, personal service establishments, medical and
dental clinics, and other uses of a similar character.
------------------------------------------------------
Non-residential uses are located centraliy on the site on a 14.29 acre site. The uses wili
comply with the above definitions of locai convenience and service type to primarily serve
the residences of the development.
------------------------------------------------------
3. Open Space:
Common space for recreational uses including, but not
limited to, parks, play fields, picnic areas, hiking and horseback
riding trails, tennis courts, golf courses, swimming, boating and
fishing, or for agricultural purposes.
------------------------------------------------------
The Master Plan provides a total of 475% or 239 acres of common open space.
------------------------------------------------------
B. Mix of Housing Types
A Planned Residential Development shall have a mix of
dwelling units consisting of the following types within the following
proportions:
1. Single Family Detached - A minimum of forty percent
(40%) and maximum of seventy-five percent (75%) of all
proposed dwelling units.
The-Ma~t;pra-;;p~o~id~s- 66i~ingl~fa-~lyd~~Zh~d;hiZh-i;66~i7,-ofth;tot~d;~I~g
units.
----2~---S~g~-F~~ly-S~~~[)~;ch~d-~d-T~o-F~~ily-:-A-----
maximum of thirty five percent (35%) of all proposed dwelling
units.
This housing type has not been used
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thirty five (35%) of all proposed dwelling units.
.
TENT A TIVE MASTER PLAN SUBMITI AL
JUNE S, 2000
KMWW PARTNERSHIP
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The Master Plan provides 330 5ingle family attached(townhouses) which i5 33.3'/', of the
total dwelling units.
------------------------------------------------------
4. Multiple Family dwellings - A maximum of ten percent
(10%) of all proposed dwelling units.
------------------------------------------------------
Thi5 housing type has not been used
------------------------------------------------------
The remainder of the housing stock shall be left to the discretion
of the applicant. The requirements of this section may be
waived by the Board of Township Supervisors upon the
applicant successfully demonstrating that the required housing
type(s) are not then presently marketable. Upon granting a
waiver, the required percentage of the remaining housing types
shall be increased proportionately.
------------------------------------------------------
There are no other housing types proposed.
------------------------------------------------------
C. Land Use Density
The Planned Residential Development shall be regulated by the following
standards relative to land use density.
1. Maximum gross residential density for the total Planned
Residential Development Tract shall not exceed two (2) dwelling
units per acre.
The Master Plan provides a total of 991 dwelling units which yields a gross density of 1.97
dwelling units per acre.
2. The percentage of the Planned Residential Development
Tract to be devoted to common open space shall be not less than
one hundred fifty (150) acres, or forty percent (40%) of the total
tract, whichever is greater.
The Master Plan provides a total of 47.5% or 239 acres of common open space.
3. The percentage of the Planned Residential Development
Tract which is to be covered by buildings, roads, parking areas,
and other impervious cover shall not exceed twenty percent
(20%) of the gross area of the total tract.
The Master Plan does not nor will it exceed the maximum requirement of 20'/', for
impervious coverage.
.
TENTATIVE MASTERPLAN SUBMIITAL
JUNE 5, 2000
KMWW PARTNERSHIP
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4. The area for non-residential, commercial use of the
Planned Residential Development Tract shall not exceed three
percent (3%) of the gross tract area. '
---------------------------
The area for non-residential commerciai use ~-1429~;;;.;s-;;;hi;h-;qu;I~-i84'l:;f-th~
gross tract area.
5. The maximum impervious area permitted on any lot for
residential, non-residential or commercial use shall be fifty
percent (50%) of the lot area.
------------------------------------------------------
The maximum impervious area on any iot, residential or non-residential will not exceed
50% of the iot area. Individual lots will have specific analysis of impervious area as each
building permit is appiied for, in no case will there be more than 501. impervious area.
SECTION 16.04 - SITE ANALYSIS
The site design of a proposed Planned Residential Development must
demonstrate to the satisfaction of the Board of Township Supervisors that
both the opportunities provided and the constraints imposed by natural
features and commonly facilities have been considered.
A.
Natural Features Analysis:
In order to determine which specific areas of the tract are suitable for
development and which areas should be preserved in their natural state, an
analysis of natural features shall be required. The following considerations
must be included in the analysis and site planning responsive to these
findings:
1.
Topography
An analysis of the terrain of the site before and after
construction including mapping of elevation and delineation of
slope areas according to the following categories: 0-8%, 8-15%,
15-25%, and over 25% slope. , The finished topography of the site
shall adequately facilitate the proposed development without
excessive earth moving, tree clearance or destruction of natural
amenities. The applicant shall demonstrate the means whereby
soil erosion and sedimentation will be prevented during
construction.
------------------------------------------------------
Existing terrain and topography is shown on the attached drawings. The final
topography does not impose any excessive earth moving, tree removal, or destruction of
natural amenities. All roads and improvements have been designed to follow the natural
contours and undulations of the site wherever possible. Tree removal on the site is
diminious and will be approximately 2-31. of the existing trees on the site. No natural
amenities will be destroyed. Soil erosion and sedimentation will be controlled. during
construction.
TENTATIVE MASTER PLAN SUBMITTAL
JUNE S, 2000
KMWW PARTNERSHIP
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2. Drainage
An analysis of natural drainage patterns and water
resources including streams, natural drainage swales, ponds or
lakes, wetlands and marsh areas, floodplain areas, permanent
and seasonal high water table areas shall be included. Natural
drainage features such as lakes, ponds, and streams shall be
preserved and incorporated into the final design of the
development wherever possible and desirable. Where adequate
surface drainage is not possible by~~grading alone, a
supplementary drainage system shall be required.
------------------------------------------------------
All natural drainage features will be incorporated into the design.
3. Geology
An analysis of the characteristics of rock formations
underlying the site including the delineation of aquifers
(particularly those locally subject to pollution and with low
groundwater yields), shallow depth-to-bedrock areas, and areas
in which rock formations are unstable.
An Ilnlllysis of the Geologlclli chllrllcteristics of the site will be submitted with the
preiirninary pilln submittlll.
4. Soils
An analysis of soil types present on the site including
delineation of prime agricultural soils, aquifer recharge soils,
unstable soils, soils most susceptible to erosion, and soils
unsuitable for development. The analysis of soils shall be based
on the County Soil of the Soil Conservation Service.
An Ilnaiysis of the Soil charllcteristics of the site will be submitted with the preliminary
plan subrnittlll.
5. Vegetation
An analysis of tree and plant cover on the site shall be
required. Dominant tree species should be identified with
individual trees having a caliper of six (6) inches or more
preserved. The applicant shall identify the location of mature
trees, and the means whereby these trees shall be protected
during construction. Vegetable removal should be held to a
minimum so as to preserve the natural species of plant life on
the tract. The location of trees and other plant cover should be
considered when planning open space, location of buildings,
underground services, walks and paths, paved areas and
.
finished grade levels.
TENTATIVE MASTER PLAN SUBMITTAL
JUNE ~, 7000
KMWW PARTNERSHIP
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APPENDIX
PAGE 9
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------------------------------------------------------
The existing trees on the site are virtually being preserved and untouched. The location of
trees and other plant cover has been considered in the design of the master plan. An
analysis of the vegetation and its protection will be submitted with the preliminary pian
submittal.
----------------------------------------------------
B. Community Impact Analysis
An analysis of the potential effects and impacts of the Planned
Residential Development upon the following community facilities will be
required:
------------------------------------------------------
A separate Community Economic impact Analysis will be submitted with the preliminary
plan submittal.
------------------------------------------------------
1. Transportation and surrounding roadway system;
------------------------------------------------------
A traffic report will be submitted with the preliminary plan submittal.
------------------------------------------------------
2. Water supply;
------------------------------------------------------
The potable water system will be supplied by the Middlesex Township Water Authority.
------------------------------------------------------
3. Sewage disposal;
------------------------------------------------------
Sewage disposal will be provided supplied by the Middlesex Township Sewer Authority.
4. Public utilities, such as electricity, gas, telephone, cable
television.
All public utilities will be underground.
5. Solid waste disposal;
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plan submittal.
6. Police and fire protection;
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--------
----------------------------------------------
7. School facilities and school district budget;
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-------------------------------------------------~----
8. Recreation;
TENT A TIVE MASTER PLAN SUBMITI AL
JUNE $, 4000
KMWW PARTNERSHIP
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------------------------------------------------------
Active and passive recreation is provided for in the tentative master pian. The total open
space provided is 239 acres. included in this space is a sports complex(12 acres)
consisting of a soccer field, a football field, and a baseball fjeld. Other recreation includes
an executive golf course, outdoor swimming pool facilities, tennis courts, basketball
courts, nature trail 4.7 miles long, an interconnecting path system throughout the open
space 7.3 miles long. Also provided are indoor facilities for aerobics, weight training,
karate, etc. The Condoguinet Creek also provides its own unique form of recreation.
9. Township revenue and expenses.
------------------------------------------------------
A separate Community Economic Impact Analysis wiil be submitted with the preliminary
plan submittal.
Specific contents and procedures for preparing the required
impact analysis shall be in accordance with the Middlesex
Township Subdivision and Land Development Ordinance.
The required analyses shall be taken into consideration by the
Board of Township Supervisors as part of its review for tentative
approval. The analyses may, at the discretion of the Board of
Township Supervisors, form the basis of required conditions for
plan approval. The Board of Township Supervisors may require
modification of site design when the plan has not adequately
addressed these natural features and community facilities
considerations.
SECTION 16.04 - SITE ANALYSIS
The site design of a proposed Planned Residential Development must
demonstrate to the satisfaction of the Board of Township Supervisors that
both the opportunities provided and the constraints imposed by natural
features and commonly facilities have been considered.
Natural Features Analysis:
In order to determine which specific areas of the tract are suitable for
development and which areas should be preserved in their natural state, an
analysis of natural features shall be required. The following considerations
must be included in the analysis and site planning responsive to these
findings:
1.
A.
Topography
An analysis of the terrain of the site before and after
construction including mapping of elevation and delineation of
slope areas according to the following categories: 0-8%, 8-15%,
15-25%, and over 25% slope. The finished topography of the site'
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
KMWW PARTNERSHIP
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PAGE 11
shall adequately facilitate the proposed development without
excessive earth moving, tree clearance or destruction of natural
amenities. The applicant shall demonstrate the means whereby
soil erosion and sedimentation will be prevented during
construction.
-----~------------------------------------------------
The existing terrain and topography is shown on the attached drawings. which indicates
the different slope characteristics of the site. The final topography does not impose any
excessive earth moving, tree removal, or destruction of natural amenities. All roads and
improvements have been designed to follow the natural contours and undulations of the
site wherever possible. Tree removal on the site is diminious and wiii be approximately 2-
37, of the existing trees on the site. No natural amenities wiii be destroyed. Soil erosion
and sedimentation wiii be controlled during construction on the soil erosion and
sedimentation control documents which wiii be submitted with the preliminary plan
submittal.
2. Drainage
An analysis of natural drainage patterns and water
resources including streams, natural drainage swales, ponds or
lakes, wetlands and marsh areas, floodplain areas, permanent
and seasonal high water table areas shall be included. Natural
drainage features such as lakes, ponds, and streams shall be
preserved and incorporated into the final design of the
development wherever possible and desirable. Where adequate
surface drainage is not possible by grading alone, a
supplementary drainage system shall be required.
All natural drainage features have been incorporated Into the design wherever possible. A
separate Drainage Analysis will be submitted with the preliminary plan submittal.
3. Geology
An analysis of the characteristics of rock formations
underlying the site including the delineation of aquifers
(particularly those locally subject to pollution and with low
groundwater yields), shallow depth-to-bedrock areas, and areas
in which rock formations are unstable.
An analysis of the Geological characteristics of the site wiii be submitted with the
preliminary plan submittal.
4. Soils
An analysis of soil types present on the site including
delineation of prime agricultural soils, aquifer recharge soils,
unstable soils, soils most susceptible to erosion, and soils
unsuitable for development. The analysis of soils shall be based
on the County Soil of the Soil Conservation Service. .
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
KMWW PARTNERSHIP
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PAGE 12
An analysis of the Soil characteristics of the site wiil be submitted with the preliminary
plan submittal. '
------------------------------------
5. Vegetation
An analysis of tree and plant cover on the site shall be
required. Dominant tree species should be identified with
individual trees having a caliper of six (6) inches or more
preserved. The applicant shall identify the location of mature
trees, and the means whereby these trees shall be protected
during construction. Vegetable removal should be held to a
minimum so as to preserve the natural species of plant life on
the tract. The location of trees and other plant cover should be
considered when planning open space, location of buildings,
underground services, walks and paths, paved areas and
finished grade levels.
The existing trees on the site are virtually being preserved and untouched. The location of
trees and other plant cover has been considered in the design of the master plan. An
analysis of the vegetation and its protection wiil be submitted with the preliminary plan
submittal.
B. Community Impact Analysis
An analysis of the potential effects and impacts of the Planned
Residential Development upon the following community facilities will be
required:
A Community Impact analysis will be submitted with the preliminary plan submittal.
1. Transportation and surrounding roadway system;
A Community Impact analysis will be submitted with the preliminary plan submittal.
2. Water supply;
The potable water system will be supplied by the Middlesex Township Water Authority.
3. Sewage disposal;
The Sewage Disposal system will be supplied by the Middlesex Township Water Authority.
- - - - -4. - - - p~biic- ~tiliti~~ ~~~h -~ -electricity ~ gaS,-t~lepho~;'- ~able- -- --
television.
All public utilities will be underground.
5.
Solid waste disposal;
.
TENTATIVE MASTER PLAN SUBMITIAL
JUNE 5, 2000
KMWW PARTNERSHIP
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PAGE 13
A Community impact analysis will be submitted with the preliminary plan submittal.
--------~---------------------------------------------
6. Police and fire protection;
--------~---------------------------------------------
A Community Impact analysis will be submitted with the preliminary plan submittal.
----7~---Schoolfucilitiesa~scho;ld~trktb~dget----------------
--------~---------------------------------------------
A Community Impact analysis will be submitted with the preliminary plan submittal.
--------~---------------------------------------------
8. Recreation;
--------~---------------------------------------------
Active and passive recreation is provided for in the tentative master plan. The total open
space provided is 239 acres. included in this space is a sports complex(12 acres)
consisting of a soccer field, a football field, and a baseball field. Other recreation includes
an executive golf course, outdoor swimming pool facilities, tennis courts, basketball
courts, and Indoor basketball court, nature trail 4.7 miles long, an interconnecting path
system throughout the open space 7.3 miles long. Also provided are Indoor facilities for
aerobics, weight training, karate, etc. The Condoguinet Creek also provides its own
unique form of recreation. A Community Impact analysis will be submitted with the
preliminary plan submittal.
--------~---------------------------------------------
9. Township revenue and expenses.
A Community Impact analysis will be submitted with the preliminary plan submittal.
Specific contents and procedures for preparing the required
impact analysis shall be in accordance with the Middlesex
Township Subdivision and Land Development Ordinance.
The required analyses shall be taken into consideration by the
Board of Township Supervisors as part of its review for tentative
approval. The analyses may, at the discretion of the Board of
Township Supervisors, form the basis of required conditions for
plan approval. The Board of Township Supervisors may require
modification of site design when the plan has not adequately
addressed these natural features and community facilities
considerations.
SECTION 16.05 - SITE DESIGN REQUIREMENTS
A.
Residential Use
1. All dwellings shall be designed with regard to topography,
elevation, and other natural features of the tract pursuant
Section 16.04. The effects of wind patterns and solar orientation
shall be considered when designing dwelling locations.
.
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
KMWW PARTNERSHIP
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APPENDIX
PAGE 14
All of the above requirements have been used in the design of the tentative Master plan.
------------------------------------------------------
2. Front yard setbacks as specified within Article VIII of the
Middlesex Township Zoning Ordinance, R-S Residential
Suburban Zoning District, shall prevail. No specific side or rear
yard is established; subject, however, to the review and approval
of the Board of Township Supervisors.
------------------------------------------------------
Front yard setbacks uses are those specified in the R-S Zoning dlstrict(35 feet). Rear
yard setback used in the master pian layout is 35 feet. Side yard setbacks used in the
master plan layout is 20 feet each side. The specified side yard setback in the R-S
zoning district is 15 feet each side. however this can be reduced to 66.6% of the
specified amount( See 16.05 a7). which is 66.6'1, of 15 feet or 9.99 feet. 10 feet has
been used in the design of the master plan.
------------------------------------------------------
3. Building setbacks and minimum distances between
buildings may be varied in order to create interesting
architecture in the layout and character of housing, but shall, in
all cases, comply with the requirements of this Ordinance.
Building setbacks and minimum distances between buildings will be varied to create
interesting architecture and an interesting streetscape. The master plan design has
used curving streets wherever possible to maximize the perspective of the streetscape.
Lot designs have considerable variation in width and are as deep as practicable. The
depth of the lots allows for considerable variation beyond the front yard setback
requirement. The design of the residences also add to the variety of the streetscape,
distances between buildings and the setbacks.
4. Dwelling unit structures shall be located and arranged so
as to promote privacy for residents within the Planned
Residential Development and maintain privacy for residents
adjacent to the Planned Residential Development. Structures
shall be located within the development so that there will be no
adverse impact upon other structures such as excluding natural
light or invading the privacy of adjacent structures.
------------------------------------------------------
All dwelling units have been arranged for privacy within the development and for the
residents adjacent to the development. Ail structures have been arranged so that
natural light is not excluded from adjacent structures nor will they invade the privacy of
adjacent structures.
------------------------------------------------------
5. Dwelling unit structures shall be located and sited so as to
promote pedestrian and visual access to common open space
wherever possible. Routes for vehicular and, pedestrian access
an parking areas shall be convenient without creating nuisances
or detracting from the privacy of residents.
.
------------------------------------------------
TENT A TIVE MASTER PLAN SUBMITI AL
JUNE 5, 2000
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APPENDIX
PAGE 15
Dwelling units have been arranged to promote pedestrian and visual access to the
common open space. 98i', of the lots back up to the open space for immediate access.
A path system throughout the site links all of the open space together. Routes for
vehicular. pedestrian access and parking areas does not create a nuisance nor does rt
detract from the privacy of the residents.
------------------------------------------------------
6. Dwellings shall be arranged in clusters so as to reduce the
amount of improvements required to support residences,
thereby minimizing development costs, and to provide
immediate access to common open space.
------------------------------------------------------
Dwelling unit have been arranged in clusters. utilizing narrower lot widths, which reduces
the development costs. The lots have been arranged around open space which provides
immediate access to the common open space.
------------------------------------------------------
7. The minimum lot area and minimum lot frontage of
single family dwelling lots established within the development
shall not be less than two-thirds (66.6%) of the normal
minimum lot area of a single family detached dwelling in the R-
S Residential Suburban District having public water and public
sewer. However, in no case shall a single family lot be created
having a lot width of less than fifty (50) feet at the building line
and a lot frontage of less than thirty (30) feet at the right-of-way
(property) line.
The minimum lot area allowed under the planned resldentia[ district is 6,600 square feet.
None of the lots designed for the master plan is less than the allowable. The average lot
size deiOigned for the master plan is 11.600 square feet. There are no lots that are less
than 50 feet at the building line or [ess than 30 at the right of way line.
8. The maximum gross density for each dwelling type shall
not exceed the following:
a. Single Family Detached
b. Single Family Semi-Detached
c. Two Family
d. Single Family Attached
e. Multiple Family
5 Dwelling units/ acre
6 Dwelling units/ acre
6 Dwelling units/ acre
6 Dwelling units/ acre
8 Dwelling units/ acre
The gross density for the dwelling types used are:
a. Single faml[y detached
e. Slng[efaml[yattached
2.5 Dwe[ling units/acre
5.6 Dwelling units/acre
----9~---Th~e~h~lb;~~ope~~p~re~~o~~dthep~~;~~ofthe----
Planned Residential Development. Not more than fifty
percentage (50%) of all structures to be constructed adjacent to
the perimeter of said development shall be located no closer.
than one hundred (100) feet from the perimeter boundary line of
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
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APPENDIX
PAGE 16
the development, and the remaining fifty percent (50%) of
structures shall not be constructed closer than two hundred (200)
feet from the perimeter boundary line of the Planned
Residential Development.
------------------------------------------------------
Open space is pianned and shown around the perimeter boundary line of the property.
The length of the perimeter is 27.720 feet. The iength of the perimeter utilizing the 200
foot setback is 17,061 feet. The length of the perimeter utilizing the 100 foot setback is
10,659 feet, The percentage of the perimeter utilizing the 200 foot setback is 61.5 %.
The percent&lge of the perimeter utilizing the 100 foot setback is 38.5 %.
------------------------------------------------------
10. Dwelling units and other structures located along the
perimeter of the tract shall be designed so as to be harmonious
with adjacent areas outside the Planned Residential
Development.
------------------------------------------------------
All dwelling units and other structures located along the perimeter of the property will be
designed to be harmonious with adjacent &Ireas outside the Planned Residentiai
Deveiopment.
------------------------------------------------------
11. No structure shall be located within seventy five (75) feet
of the right-of-way of an arterial or collector street. All structures
shall be screened from arterial and collector streets by
combinations of walls, landscape berms, vegetative plantings
and/ or fences.
------------------------------------------------------
No structures are pianned or shown within 75 feet of the right of way of an arterial or
collector street.
12. The following additional requirements shall apply:
a. No structure shall be located within twenty
five (25) feet from a street line or a parking area.
No structures are shown or pianned to be within 25 feet of a street line or parking area.
b. No structure shall be located within twenty
(20) feet from any other structure.
No structure is shown or pianned or wili be within 20 feet of another structure.
---------~----There;h~lbe;-~~i~;~--of-o~e-h~~d~d---------
fifty (150) feet between sections of different dwelling
types. The different sections shall be screened from
each other by combinations of walls, landscape
berms, vegetative plantings and/or fences.
----------------------~----
TENTATIVE MASTER PLAN SUBMITIAL
JUNE 5, 2000
KMWW PARTNERSHIP
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APPENDIX
PAGE 17
There is a minimum of 150 feet between dwelling types. A combination of walls.
landscaped berms. vegetative plantings and/or fencing will be used to screen the different
dwelling types.
------------------------------------------------------
d. Multiple Family dwellings shall contain not
more than eight (8) dwelling units in anyone
structure. The maximum length of multiple-
family structures shall be one hundred forty (140)
feet, unless unique design is incorporated using
such features as varied setbacks and roof lines.
Article XlV, Section 14.38 of this ordinance shall
apply, subject, however, to the review and approval
of the Board of Township Supervisors.
------~-----------------------------------------------
This unit type is not used
------~-----------------------------------------------
B. Non-Residential, Commercial Uses
1. All non-residential, commercial uses shall be located in a
single area of the Planned Residential Development Tract, not
closer than two hundred (200) feet from the nearest lot line of a
residential use and shall be screened from the Residential
sections of the development.
There is a minimum of 200 feet between dwelling lot lines and non-residential commercial
use. A combination of walls, landscaped berms. vegetative plantings and/or fencing will
be used to screen the different uses.
2. All non-residential, commercial uses shall be located with
direct access to either a collector or arterial street.
All non-residential commercial use has direct access to either a collector or arterial
street.
----3~---s~~;f~i~~n~~~~~~ti~~~~~~e~ci~1~~~~~;p~~~;d:----
subject to the following restrictions:
a. No sign shall be visible from any dwelling
unit constructed in the Planned Residential
Development. All signs shall conform to Article
XIV, Section 14.16 of this Ordinance, except that all
signs shall conform to one-fourth (25%) of the
dimensional requirements, length, width, and area,
for signs in Article XIV, Section 14.16 B of this
Ordinance.
.
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
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APPENDIX
PAGE 18
All non-residentiGlI commerciGlI use will comply with the Glbove sign ordinGlnce. Prior to
instGliling Glny sign, drGlwings Glnd plGlns will be submitted to the Township for review,
GlpprovGlI, Glnd the issuGlnce of sign permits.
b. A single ground-pole sign for the non-
residential center is permitted. Such sign shall be
limited to a height of six (6) feet and shall otherwise
conform to one-fourth (25%) of the dimensional
requirements for ground-pole signs in Article XIV,
Section 14.16 B. 3. of this Ordinance.
------------------------------------------------------
All non-residentiGli commerciGlI use will comply with the Glbove sign ordinGlnce, Prior to
instGllling Glny sign, drGlwings Glnd plans will be submitted to the Township for review,
approval, and the issuance of sign permits.
------------------------------------------------------
c. Wall signs in accordance with Article XIV,
Section 14.16 B. 2. of this Ordinance shall be
permitted on a structure for individual use and
shall otherwise conform to one-fourth (25%) of the
dimensional requirements for wall signs in Section
14.16 B. 2. of the Ordinance.
All non-residential commercial use will comply with the above sign ordinance. Prior to
installing any sign, drawings and plans will be submitted to the Township for review,
approval, and the issuance of sign permits.
4. All non-residential, commercial uses shall be
architecturally compatible with residential structures.
All non residential commercial uses will be architecturally compatible with residential
structures.
5. Parking facilities shall be designed solely for the intended
use and shall be physically separated from other parking areas in
the Planned Residential Development. Article XlV, Sections
14.10 and 14.11 of this Ordinance shall apply. Visual screening
shall be provided between non-residential parking areas and
residential areas. Lighting shall be of the low-intensity type and
shall be shielded from the view of all surrounding streets and
lots, Article XIV, Section 14.18 C.9. of this Ordinance shall apply.
This has been complied with and Is represented on the attached drawings. Additional
details will be submitted with the preliminary plan submission,
6. All non-residential, commercial structures shall conform
to the setback requirements established for residential structures.
in Section 16.05 A. above.
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
KMWW PARTNERSHIP
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APPENDIX
PAGE 19
~-----------------------------------------------------
All non residential, commercial structures will conform to the setback requirements for
residential structures.
~-----------------------------------------------------
Common Open Space
1. The location, shape, size an character of the common
open space should take into consideration the natural features
and physical characteristics of the site as identified in Section
16.04.
'-
~-----------------------------------------------------
The common open space has been designed with consideration for the natural features
and physicai characteristics of the site. Approximately 97% of the existing tree canopy
will remain undisturbed.
------------------------------------------------------
2. Whenever possible, common open space shall be
designed as a contiguous area between residential areas with
pedestrian and visual access available to all residents of the
Planned Residential Development.
------------------------------------------------------
The common open space is designed as a contiguous area between all residential areas
and is interconnected by a path system approximately 12 miles long. The path system
also provides for connecting the open space without crossing the main feeder road. This
road will be crossed in three locations by an underpass.
------------------------------------------------------
3. Significant natural features such as woodland areas, steep
slopes, floodplain areas, large trees, natural water courses and
bodies of water, rock outcroppings, and scenic views shall be
incorporated into the common open space whenever possible,
provided, however, that not less than twenty-five percent (25%)
of the total common open space shall be suitable and designed
for use as an active recreation area.
All significant natural features have been incorporated into the common open space.
More than 25% of the common open space either has been designed for or can be used
as an active recreation area.
4. Areas designated for common open space shall contain no
structures other than those directly related to outdoor
recreational uses and structures associated with utilities.
The areas designated as common open space will not contain any structures that are
not related to outdoor recreational uses or utilities.
----5~---Ali-at;a~-de;ig;~t~d~~~o~~;-0~;~p;;:Ze-~~stb~-~;d; ----
subject to a deed restriction or agreement in a form acceptable to
the Board of Township Supervisors and duly recorded in the.
TENTATIVE MASTER PLAN SUBMITTAL
JUNE 5, 2000
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APPENDIX
PAGE 20
Office of the Recorder of Deeds Office of Cumberland County
prohibiting subdivision of such open space.
------------------------------------------------------
All areas designated as common open space will have a deed restriction prohibiting
subdivision.
------------------------------------------------------
D. Streets, Sewer, and Water Facilities, Storm Drainage and Soil
Erosion Control, Curbs, and Gutters, and Sidewalks.
1. Streets, sewer, water, storm drainage, an soil
erosion control facilities, curbs, gutters, and sidewalks
shall be designed and improved in accordance with the
requirements and standards set forth in the Subdivision
and Land Development Ordinance. Performance and
maintenance guarantees and subsequent release of
guarantees for all required improvements shall be in
accordance with the requirements and procedures of said
Subdivision and Land Development Ordinance.
~-----------------------------------------------------
All engineering documentation and analysis will be submitted with the preliminary plan
submittal and will comply with the above.
~-----------------------------------------------------
E. Lighting and Other Utilities
1. All streets, off-street parking areas, and areas of
intensive pedestrian use shall be adequately lighted. All
such lighting shall be designed and located so as to direct
light away from the view of all surrounding adjacent
residences and lots. Lighting shall be of the low-intensity
type. Article XIV, Section 14.18 C.9 of this Ordinance shall
apply.
All engineering documentation and analysis will be submitted with the preliminary plan
submittal and will comply with the above.
2. Telephone, electric, gas and cable television utilities
shall be installed underground.
All utilities will be installed underground.
SECTION 16.06 - OWNERSHIP, MAINTENANCE AND PRESERVATION OF
COMMON OPEN SPACE
All documentation for the ownerShip. maintenance and preservation of common open
space will be submitted with the preliminary plan submittal and will comply with Section
16.06.
,
-----------
TENTATIVE MASTER PLAN SUBMITIAL
JUNE 5, 2000
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APPENDIX
PAGE 21
SECTION 16.07 - DEVELOPMENT IN STAGES
A Planned Residential Development may be developed in stages if the
following standards are met:
--------------------------------------------------
The project is to be developed in stages. A phasing plan is attached. Additional
documentation for the phasing will be submitted with the preliminary plan submittal and
will comply with Section 16.07.
------------------------------------------------------
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TENTATIVE MASTER PLAN SUBMITTAL
JUNE S, 2000
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MIDDLESEX TOWNSHIP
350 N. MIDDLESEX ROAD, SUITE I . CARLISLE, PA 17013 . 249-4409 or 795-9631 . FAX 249-8564
Board of SupelVisors:
Robert M. Eppley. Charles W. Shughart, Victor P. Stabile
Municipal Secretary:
Mary G. Justh
Zoning Officer:
Mark D. Carpenter
June 20, 2000
Arthur C. Olsen
Olsen Associates Architects
528 Sugartown Road
Malvem, PA 19355
Re: Village(s) of Sterling Tentative Master Plan
Middlesex Township, Cumberland County Pennsylvania
Dear Mr. Olsen:
I write to you in your capacity as the identified applicant with respect to the above-
referenced plan in my position as Zoning Officer for Middlesex Township. For purposes of
this letter and unless otherwise specifically noted, my use of the word "plan" shall refer to
the VilIage( s) of Sterling Tentative Master Plan, the application submitted with it and all
other accompanying document delivered to me as noted below on June 5, 2000,
As you are aware, the Board of Supervisors of Middlesex Township on June 20,
2000 voted unanimously to return the plan to you. This action confirmed my decision, as
Zoning Officer that the plan submitted was incomplete. This letter will serve to advise you
of the action taken with respect to the plan delivered to me and also to advise you of the
reasons for that action.
I received directly from you on June 5, 2000 copies of a Tentative Master Plan for
the VilIage(s) of Sterling (including separate plan sheets for overall development layout,
statistical facts and phasing plan), an application for plan approval and various supporting
documents. The application notes that the Village of Sterling is a proposed planned
residential development that will consist of991 units,
In reviewing the material delivered to me in order to determine if the submission
was in fact complete and the review process could be commenced, certain required items
were noted as missing from the submission. Those items are identified below with
reference to the relevant portions of the Middlesex Township Subdivision and Land
Development Ordinance ("SDLD Ordinance") to which they pertain:
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1. The application and review fees for Middlesex Township (SOLD Ordinance
Sections 301, 303, 308);
2, The County Planning Commission review fee (SOLD Ordinance Section 303);
3, A Planning Module for Land Development (SOLD Ordinance Sections 301,
502.a, );
4. A statement from the Middlesex Township Munieipal Authority regarding the
adequacy of any service extensions of public water and sewer and capacity
(SOLD Ordinance Sections 301, 502.b,);
5. A preliminary Traffic Impact Study (SOLD Ordinance Sections 301, 502,c"
717.b,);
6. An Environmental Impact Assessment Report (SOLD Ordinance Sections 301,
502,d., 718.b.);
7. A Preliminary Grading Plan (SOLD Ordinance Sections 301, 502.f., 1103);
8, A Storm Water Management Plan (SOLD Ordinance Sections 301, 1001);
9. A Landscape Plan (SOLD Ordinance Sections 301, 1202)
Section 16.08 A. of the Middlesex Township Zoning Ordinance provides that an
application for tentative approval shall be in accordance with the Preliminary Plan
requirements of the Middlesex Township Subdivision and Land Development Ordinance.
Section 16.08 C, ofthe Middlesex Township Zoning Ordinance notes that an application
for tentative plan approval shall be in addition to the plans and supporting data required in
the Subdivision and Land Development Ordinance. The items omitted from the plan
submission as listed above are therefore requirements of the tentative plan submission,
In addition to the above, there were numerous deficiencies in the plan as set forth in
my review notes dated June 20, 2000. A copy of my review notes is attached to and
thereby incorporated in this letter. My notes cite the specific provisions of the Zoning
Ordinance that have not been met with respect to the plan. A copy of my notes was given
to the attorney for the property owner/developer on June 20, 2000 and served in part as the
basis of the decision by the Board of Supervisors to return the plan to you.
I note that in an appendix to the application there are repeated references to
submissions to be made in the future as part of the "preliminary plan submittal".
Applicable ordinance provisions addressing planned residential developments incorporate
preliminary plan requirements into the tentative plan requirements. In other words, there is
no separate procedural step providing for a "preliminary plan submittal" after the tentative
plan submission. .
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Within 60 days of the date when an application for tentative approval with
supporting documents has been duly filed, the Board of Township Supervisors is obligated
to hold a public hearing on the application, The county planning agency and the Middlesex
Township Planning Commission are to review the submission and provide
recommendations and comments prior to the public hearing, The serious omissions of
required information in the application severely preclude any meaningful review by the
planning agencies and render any public hearing, the purpose of which is to notify and
inform the public of the development, a useless exercise,
Section 301 of the Middlesex Township Subdivision and Land Development
Ordinance, which is applicable to planned residential development submissions, provides
that no application shall be deemed filed unless all submission requirements have been
met. I am constrained by the Ordinance from distributing the application for review
because the submission is substantially incomplete for the reasons noted above,
I am hereby returning to you the plan, application and supporting documents.
Yours truly,
~SJ.~
Mark D. Carpenter
Middlesex Township Zoning Officer
cc: Board of Supervisors, Middlesex Township
Township Engineer, Middlesex Township
Township Solicitor, Middlesex Township
KMWW (partnership), property owner/developer
Act One Consultants, engineer/surveyor for developer
Fronefield Crawford, Jr., attorney for developer
.
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MIDDLESEX TOWNSHIP PL;'\N SUBMISSION
COMPLETENESS REVIEW
June 20, 2000
.
ZONING OFFICER'S REVIEW NOTES
VILLAGES OF STERLING - PLANNED RESIDENTIAL DEVELOPMENT
TENTATIVE MASTER PLAN (AS SUBMITTED ON 6-5-00)
Prepared by: Olsen Associates Architects
Plan Date: 06-05-00
Reviewed: 06-20-00
PLAN SUBMISSION COMPLETENESS REVIEW NOTES:
The following review notes address requirements of the Middlesex Township Zoning Ordinance, (No,
3-89, as amended), Article XVI - Planned Residential developments; and the Middlesex Township
Subdivision and Land Development Ordinance (No. 8-90, as amended)
. Section 16.02 C.
No proof of available sewer and water capacity from the Middlesex Township Municipal Authority.
. Section 16,02 D, 1.
Insufficient data to evaluate compliance with RS standards detailed in Article VIII
. Section 16.03 C.3.
Insufficient data on amount of impervious cover area in the PRO. Not able to determine if maximum
percentage requirement is met.
. Section 16.03 C, 5,
Insufficient data on amount of impervious cover area on each lot in the PRO to determine if
requirement is met.
. Section 16.04 Site Analysis
Required documentation is incomplete. This data is required to be taken into consideration by the
Board of Supervisors as part of review for tentative approval, and may be used as required
conditions for plan approval.
. Section 16.04 A,
In sufficient analysis of natural features to determine if standards for Environmental Impact
Assessment Report in Middlesex Township Subdivision and Land Development Ordinance are met,
. Section 16,04 B.
In sufficient analysis of community impacts to determine if standards for Environmental Impact
Assessment Report in Subdivision and Land Development Ordinance are met.
(Page 1 of3)
.
PR062000
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MIDDLESEX -TOWNSHIP PI4N SUBMISSION
COMPLETENESS REVIEW
June 20, 2000
,
ZONING OFFICER'S REVIEW NOTES
· Section 16.05 A. 2,
Required individual lot yard setbacks not shown on plans,
· Section 16,05 A. 7.
Required individual lot areas, frontages and widths not shown on plans,
. Section 16.05 A. 8,
Required gross density for single family detached dwelling units not shown on plans.
. Section 16.05 A. 11.
No landscaping plan to evaluate compliance,
. Section 16,05, A. 12. c.
Required screening between different dwelling types not shown on plans,
. Section 16.05 B, Non-Residential Commercial Uses
Commercial area location, typical architectural styles, parking, screening, lighting and setbacks not
shown on plans,
. Section 16,05, D.
Details for street design, sewer and water facilities, storm water drainage, soil erosion control, curbs
and gutters and sidewalks not shown on plans,
. Section 16.05. E. 1.
Location of and details for lighting not shown on plans.
. Section 16,05. E. 2.
Location of and details for underground telephone, electric, gas and cable television utilities not
shown on plans,
. Section 16,08. A.
Tentative Master Plan as submitted does not meet all requirements for preliminary plan submission
as detailed in the Township Subdivision and Land Development Ordinance.
. Section 16.08 B,
Tentative Master Plan as submitted is incomplete and should not be forwarded for review by the
Township Planning Commission and other agencies,
(Page 2 on)
.
PR062000
. ,. .. ..
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.
MIDDLESEX TOWNSHIP PLAN S~MISSION
COMPLETENESS REVIEW
June 20, 2000
ZONING OFFICER'S REVIEW NOTES
. Section 16,08 C.
Application for tentative approval submitted with Tentative Master Plan and supporting data is not
complete as addressed by the sections listed below:
Section 16,08 C. 1.
Proposed land use areas for types of residential, non-resideiltial and open space uses not detailed
on application.
Section 16,08 C, 2.
Density of each type ofland use not detailed on application,
Section 16.08 C. 3.
Use and approximate height, bulk and location of buildings and structures not detailed on
application,
Section 16.08 C. 4,
Feasibility of disposition of stonn water not detailed on application,
Section 16,08 C. 5.
Existence of municipal water and sanitary sewer capacities not detailed on application,
Section 16,08 C. 8,
Provisions for parking and street width and public ways not detailed on application.
Section 16,08 C. 12,
Scale of tentative master plan (site plan) is about I" = 150'. This scale is smaller than the
required scale of I" = 50', and is not adequate for detailed review purposes,
Section 16.08 C, 13.
No plan review fees included for submission of plan to Cumberland County Planning
Commission as required in this section and in the Township Subdivision and Land Development
Ordinance.
( Page 3 00 )
.
PR062000
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CRAWFORD, WILSON, RYAN & AGULNICK, P.C.
By: Fronefield Crawford, Jr., Esquire
Attorney LD.# 07804
220 West Gay Street
West Chester, Pennsylvania 19380-2934
Telephone: (610) 431-4500
Attorney for Plaintiff
KMWW Partnership
KMWW PARTNERSHIP
c/o Arthur C. Olsen
PO Box 577
Paoli, P A 19301
Plaintiff,
vs.
MIDDLESEX TOWNSHIP
BOARD OF SUPERVISORS
350 N. Middlesex Road, Suite 1
Carlisle, P A 17013
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 00- 1'S'~7 CIVIL
: IN MANDAMUS
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Plaintiff, KMWW Partnership in the above
captioned matter.
Date: /2.-'L7-<po
CRAWFORD, WILSON, RYAN & AGULNICK, P.c.
By:
., Esquire
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CRAWFORD, WILSON, RYAN & AGULNICK, P.C.
By: Fronefield Crawford, Jr., Esqnire
AttomeyLD.# 07804
220 West Gay Street
West Chester, Pennsylvania 19380-2934
Telephone: (610) 431-4500
Attorney for Plaintiff
KMWW Partnership
KMWW PARTNERSHIP
c/o Arthur C. Olsen
PO Box 577
Paoli, P A 19301
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
: No. 00 - 1 fn CIVIL
vs.
MIDDLESEX TOWNSHIP
BOARD OF SUPERVISORS
350 N. Middlesex Road, Suite 1
Carlisle, P A 17013
Defendant.
: IN MANDAMUS
CERTIFICATION OF SERVICE
This is to certifY that in the above-captioned case true and correct copies of my Entry of
Appearance and the Complaint In Mandamus have been served upon the following persons by First-
Class Mail and on the date stated:
Keith Brenneman, Esquire
Solicitor, Middlesex Township
PO Box 318
Mechanicsburg, P A 17055
Date: ('2-.1...1-00
CRAWFORD, WILSON, RYAN & AGULNICK, P.C.
By:
d, Jr., Esquire
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CRAWFORD, WILSON, RYAN & AGULNICK, P.C.
By: Fronefield Crawford, Jr., Esquire
Attorney LD.# 07804
220 West Gay Street
West Chester, Pennsylvania 19380-2934
Telephone: (610) 431-4500
Attorney for Plaintiff
KMWW Partnership
KMWW PARTNERSHIP
c/o Arthur C. Olsen
PO Box 577
Paoli, P A 19301
: IN THE COURT OF COMMON PLEAS
Plaintiff,
: CUMBERLAND COUNTY, PENNSYL V ANlA
; No. 00 - n:IJ- CIVIL
'Yy31
vs.
MIDDLESEX TOWNSHIP
BOARD OF SUPERVISORS
350 N. Middlesex Road, Suite 1
Carlisle, P A 17013
Defendant.
: IN MANDAMUS
STIPULATION
Plaintiff, KMWW Partnership, by its attorney, Fronefield Crawford, Jr., Esquire of
Crawford, Wilson, Ryan & Agulnick, P.C, and Defendant, Middlesex Township Board of
Supervisors, by its attorney, Keith O. Brenneman, Esquire of Snelbaker, Brenneman &
Spare, P.C, hereby enter into this Stipulation, with the full authority and consent of their
respective clients as follows:
WHEREAS, KMWW Partnership on December 28, 2000 filed a Mandamus Complaint
docketed to and in the above number and Court;
WHEREAS, the parties have reached an Agreement with respect to proceedings with
this Mandamus action which they intend to document by this Stipulation; and
NOW THEREFORE, the Plaintiff and Defendant in this action, by and through their
respective counsel, with full authority and consent of their clients, hereby stipulate and
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agree as follows:
1. Defendant has an indefinite extension of time, subject to the limitations set forth in
Paragraph 2, infra. of this Stipulation, in which to file the Answer to Plaintiff's
Complaint in this action with the Prothonotary of Cumberland County.
2. Defendant agrees to file an Answer to Plaintiff's Complaint in this action with the
Prothonotary within thirty (30) days of the date that Plaintiff provides written notice
to Defendant to file such Answer.
3. The Mandamus action shall not be prosecuted or pursued by either the Plaintiff or
Defendant until such time as written notification is provided in accordance with
Paragraph 2, above.
4. Neither party shall be prejudiced by holding this action in abeyance in accordance
with the terms of this Stipulation and neither party shall claim that the other party
is estopped from asserting any claims or defenses in this action by reason of any
delay of prosecution of this action occasioned by this Stipulation.
SNELBAKER, BRENNEMAN
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KeithO. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorney for Defendant
Dated:~
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CRAWFORD, WILSON, RYAN
& AGU ICK, P.c.
BY'
Fr n field ford, Jr. Esquire
22 est Gay Street
West Chester, PA 19380
(610) 431-4500
Attorney for Plaintiff
Dated: (1.. . 7-8". fJU
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CRAWFORD, WILSON, RYAN & AGULNICK, P.c.
By: Fronefield Crawford, Jr., Esquire
Attorney l.D. No. 07804
220 West Gay Street
West Chester, PA 19380
Telephone: (610) 431-4500
Attorney for Plaintiff
KMWW Partnership
KMWW PARTNERSHIP
c/o Arthur C. Olsen
PO Box 577
Paoli, P A 19301
: IN THE COURT OF COMMON PLEAS
Plaintiff,
: CUMBERLAND COUNTY, PENNSYLVANIA
:No.OO- ~~1 CIVIL
vs.
MIDDLESEX TOWNSHIP
BOARD OF SUPERVISORS
350 N. Middlesex Road, Suite 1
Carlisle, P A 17013
Defendant.
: IN MANDAMUS
ACCEPTANCE OF SERVICE
PURSUANT TO Pa.R.C.P. No. 402 (B)
I, Keith O. Brenneman, Esquire am counsel for the Defendant in the above-capnoned
action and accept service of the Complaint - In Mandamus filed thereunder and state that
I am authorized to do so.
Date: ~ C;~t)1)
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KEITH O. BRENNEMAN, ESQUIRE
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CRAWFORD, WILSON& RYAN, LLC
By: Fronefield Crawford, Jr., Esquire
I.D. No. 07804
220 West Gay Street
West Chester, P A 19380
(610) 836.3000
Attorney for Appellant
KMWW Partnership
KMWW PARTNERSHIP
Appellant
IN THE COURT OF COMMON PLEAS
vs.
MIDDLESEX TOWNSHIP
BOARD OF SUPERVISORS, ET AL.
Appellee
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-8837
: MANDAMUS
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter Settled, Discontinued and Ended.
CRAWFORD, WILSON & RYAN, LLC
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