[Ord. 907, 5/16/2007, § 601]
The purpose of the planned development regulations is to permit
residential and nonresidential development as a conditional use which
encourages innovations in residential and nonresidential development
and promote conservation and efficient use of open space, land and
public services.
[Ord. 907, 5/16/2007, § 602]
No planned development may be approved or recorded, no lot shall
be sold nor any structure built, altered, moved or enlarged in any
planned residential development unless and until a land development
plan has been approved and recorded and until the improvements required
in connection therewith have either been constructed or guaranteed,
as herein provided.
[Ord. 970, 5/16/2007, § 603]
1.
Planned nonresidential development and planned residential developments may be allowed or denied by the Borough Council after recommendation by the Planning Commission in accordance with the procedures set forth in § 27-608.
2.
A development plan for a planned nonresidential development or a
planned residential development shall be approved if, and only if,
it is found to meet the following criteria:
A.
The proposed development plan preserves the community development
objectives of this chapter, and is consistent with the Comprehensive
Plan.
B.
Where the proposed development plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, such departures
must be shown to be in the public interest and promote the health,
safety and general welfare of the public.
C.
The proposals for the maintenance and conservation of any proposed
common open space are reliable, and the amount and extent of improvements
of such open space is adequate with respect to the purpose, use, and
type of development proposed.
D.
The physical design of the proposed development plan adequately provides
for public services, pedestrian and vehicle traffic facilities and
parking, light, air, recreation and visual enjoyment.
E.
The total environment of the proposed development plan is harmonious
and consistent with the neighborhood in which it is located.
F.
The proposed development plan will afford a greater degree of protection
of natural watercourses, topsoil, trees, and other features of the
natural environment, and prevention of erosion, landslides, siltation
and flooding than if subject property were developed in accordance
with the provisions of the zoning and subdivision ordinances which
otherwise apply.
G.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 27-1001.
H.
In the case of a development plan which proposes development over
a period of years, the development plan will provide at each stage
of development a sufficient proportion of open space, planned facilities
and amenities, and other improvements and conditions as required in
this Part and as intended to protect the interests of the public and
of the residents of the planned residential development in the integrity
of the development plan.
[Ord. 907, 5/16/2007, § 604]
1.
Planned nonresidential developments may be approved under provisions
of this Part if, and only if, they comply with the following standards
and provisions:
A.
Ownership. The entire site for the planned nonresidential development
shall be owned or controlled by the developer.
B.
Minimum Size. The site shall not be less than two acres.
C.
Frontage. The minimum frontage abutting on a public right-of-way
shall not be less than 100 feet.
D.
Access. The site must provide for access from arterial streets indicated
in the Comprehensive Plan to assure convenient and safe access which
will not cause undue congestion or hazard on local streets.
E.
Safety. The site shall be so developed as to avoid danger to health
or peril from fire, flood, or other hazard. Land containing or providing
hazards to life, health and property, such as quarries, open ditches,
land subject to flooding, subsidence, or underground fires shall not
be developed for commercial purposes until such hazards have been
eliminated or adequate safeguards are provided under the development
plan.
F.
Permitted Uses. Permitted uses and conditional uses as specified in Table 27-1 of Part 3 for the zoning district in which a proposed planned nonresidential development is to be located, may be permitted in the planned nonresidential development provided their design, arrangement, landscaping, construction and relationship to adjacent properties and uses meet all requirements set forth in this chapter.
G.
Yards and Open Spaces. The front, side and rear yards shall not be
less than the minimum requirements of the district in which the planned
nonresidential development is located. Not less than 10% of the total
site, area shall be set aside for open space, and such open space
shall be landscaped in a manner suitable for the uses intended for
the development.
H.
Building Spacing. The requirements determining the spacing of buildings
shall be flexible so as to encourage imaginative site design. The
spaces between buildings shall guarantee adequate light, air and emergency
access. The minimum distance between the nearest points of any exterior
building walls shall be not less than 20 feet.
I.
Building Groupings. Structures shall be oriented so as to ensure
adequate light and air exposures for walls containing main window
exposures or main entrances. Each structure shall be so arranged so
as to avoid undue exposure to concentrated loading or parking facilities.
J.
Off-Street Parking and Loading. Off-street parking spaces shall be
provided at the minimum ratio of one space for every 250 square feet
of gross floor area for retail uses, office uses and amusement uses.
All other uses shall provide parking in accordance with Part 7. Five
off-street loading berths shall be provided for the first 100,000
square feet of gross floor area, and one additional berth shall be
provided for each additional 100,000 square feet.
[Ord. 970, 5/16/2007, § 605]
1.
Planned residential developments may be approved under provisions
of this chapter if, and only if, they comply with the following standards
and provisions:
A.
Ownership. The entire site for the planned residential development
shall be owned and controlled by the developer.
B.
Minimum Size. The site shall not be less than three acres.
C.
Access. The site must provide for access from arterial streets indicated
in the Comprehensive Plan to assure convenient and safe access which
will not cause undue congestion or hazard on local streets.
D.
Safety. The site shall be of such a character so as to avoid danger
to health or peril from fire, flood, or other hazard. Land containing
or providing hazards to life, health and property, such as quarries,
open ditches, land subject to flooding, subsidence, landslide prone,
or underground fires, shall not be subdivided for residential purposes
until such hazards have been eliminated or adequate safeguards are
provided under the development plan.
E.
Permitted Uses. The following uses may be permitted in a planned
residential development provided their design, arrangement, landscaping,
relationship to adjacent properties and uses, and construction meet
the requirements set forth in this chapter:
(1)
R-1 Single-Family Residential District. Single-family dwellings,
single-family attached dwellings, recreation facilities and accessory
uses.
(2)
R-2 Low Density Residential District. Single-family dwellings,
single-family attached dwellings, recreation facilities and accessory
uses.
(3)
R-3 Medium Density Residential District. Single-family dwellings,
single-family attached dwellings, garden apartments, recreation facilities
and accessory uses.
(4)
S-1 Special District. Single-family dwellings, single-family
attached dwellings, mobile homes, apartments, recreational facilities
and accessory uses.
(5)
S-2 Special District. Single-family dwellings, single-family
attached dwellings, garden apartments, high-rise apartments, recreational
facilities, and accessory uses.
(6)
S-3 Special District. Single-family dwellings, single-family
attached dwellings, recreational facilities, and accessory uses.
F.
Permitted Density. The average land area per dwelling unit shall
not be less than the minimum lot area required per family for the
district in which the planned nonresidential development is located.
In the S-2 Special District the density may be increased to 1,500
square feet per family for apartments of six stories or more.
(1)
When computing the number of dwelling units permitted in a development
with both residential and nonresidential uses proposed, that portion
of the development devoted to all nonresidential uses, including the
required parking spaces and roadways, shall not be considered. In
calculating the number of dwelling units permitted, only the area
of the development devoted to residential and residential accessory
uses such as recreational facilities and open space shall be considered.
G.
Open Space Requirements. Not less than 15% of the total site area
shall be set aside for open space, and not less than 50% of such open
space shall be developed to a degree commensurate with its location
and probable usage. The common open space shall be so dedicated or
otherwise preserved and maintained so as to always remain open and
available for use by the occupants of the planned residential development.
The common open space, including all improvements and facilities,
shall be either:
(1)
Dedicated for public use to a public body which agrees to operate
and maintain the dedicated land and facilities, but no public body
is obligated by this chapter to accept such dedication.
(2)
Deeded to an organization representing the property owners of
the development, which organization shall covenant to operate and
maintain land and facilities. Such organization may not be dissolved
nor dispose of the common open space unless the maintenance of the
common open space is otherwise guaranteed to the Borough's satisfaction.
H.
Common Open Space Maintenance. If the organization established to
own and maintain common open space, or any successor organization,
at any time fails to maintain the common open space in reasonable
order and condition in accordance with the development plan, the Borough
Council may take remedial actions, to cause the common open space
to be properly maintained, as is provided by the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
I.
Minimum Building Setback. No structure shall be located closer to
any boundary of the site than 40 feet. Any structure exceeding 35
feet in height shall be set back one additional foot for every two
feet of height exceeding 35 feet.
J.
Building Spacing. The requirements determining the spacing of buildings
shall be as flexible as possible so as to encourage imaginative site
design. The spaces between buildings shall guarantee adequate light,
air and emergency access. The minimum distance between the nearest
points of any exterior building walls shall be not less than 20 feet.
K.
Maximum Size of Structure. No structure shall have a maximum dimension
greater than 250 feet. No town house shall have a height greater than
three stories, or 35 feet. No apartment structure shall have a height
greater than six habitable stories, or 70 feet. Chimneys, spires,
towers, tanks, or similar projections may exceed the prescribed height
limitation by not more than 25%.
L.
Building Groupings. Structures used for dwelling units shall be oriented
so as to ensure adequate light and air exposures for walls containing
main window exposures or main entrances. Each structure shall be so
arranged so as to avoid undue exposure to concentrated loading or
parking facilities.
M.
Staging Development. The density of development within various portions
of the planned residential development may vary, provided that at
every point during construction the completed portion of the development
plan will meet all requirements of this chapter. It is further required
that programs for the construction of areas of greater density concentration
than permitted on the entire tract will be offset by site improvements
which, because of their size or cost, are in proportion to the number
of dwelling units to be constructed in each stage. As an alternative
to part or all of the site improvements required to offset development
densities in excess of the overall permitted density, the Borough
may require the reservation of open space by grant, easement, or covenant
in favor of the Borough in an amount and location necessary to balance
the excess development density of each stage.
[Ord. 970, 5/16/2007, § 606]
1.
The following improvements shall be completed in connection with every planned nonresidential development and planned residential development, and such improvements will be in conformance with such standards as may be specified and required in the Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development," or other municipal, county or state law.
B.
Areas should be provided for bus loading areas and bus shelters within
one quarter mile of each residential concentration. The bus loading
area shall be large enough for a bus to pull out of the flow of traffic.
C.
Street lights shall be provided by the developer throughout the planned
development. The street lights shall be located to ensure adequate
illumination in order to protect the safety of the residents of the
planned development.
D.
Proposed streets shall be related to street plans or parts thereof
as have been officially adopted by the Borough. Proposed streets shall
conform to the requirements herein as well and as to any other plans,
statute, ordinance, law or regulation applicable thereto. Streets
shall be logically related to the topography in order that usable
lots and reasonable grades shall be produced. Minor streets shall
be so laid out as to discourage through traffic, but provisions will
be required for street connections into and from adjacent areas.
E.
Where a planned development abuts or contains an existing or proposed
major traffic street, the Borough Council may require marginal access
streets, rear service alleys, reverse frontage lots or such other
treatment as will provide protection for abutting properties, reduction
in the number of intersections with arterial or collector streets,
and separation of local and through traffic.
F.
Suitable drainage structures, culverts, storm sewers, ditches and
related installations shall be provided to insure adequate drainage
of all points along the streets.
G.
Concrete monuments shall be set at the intersection of all lines
angles in the boundary of the planned development. Iron or steel makers
shall be set at the beginning and ending of all curves along street
property lines, all points where lot lines intersect curves, either
front or rear, and at all angles and property lines of lots and at
all other lot corners.
H.
Pedestrian interior walks shall be required where necessary to assist
circulation or provide access to community facilities. Such interior
walks shall have a paved width of not less than four feet.
I.
When topsoil has been removed from the surface on a slope where erosion
may cause a displacement of loose material, the area shall be seeded
or otherwise treated as soon as possible to prevent damage adjacent
property or streets.
J.
All utilities located within a planned development shall be located
underground.
K.
Sewer and Water. The development shall be served by public water
and sewage disposal systems, which shall be in place and capable of
functioning prior to construction of any principal buildings within
the PRD or any stage thereof.
L.
Financial security to ensure satisfactory completion and maintenance of required improvements and maintenance, inspection procedures and acceptance of any public rights-of-way shall conform to the requirements of Chapter 22 of the Borough of Forest Hills Code of Ordinances, "Subdivision and Land Development."
[Ord. 970, 5/16/2007, § 607]
The provisions of this Part for approval of a planned development plan shall be a modification to and in lieu of procedures for approvals otherwise required in this chapter and of Chapter 22 of the Borough of Forest Hills Code of Ordinances, "Subdivision and Land Development." Failure to comply with the provisions of this Part with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
[Ord. 970, 5/16/2007, § 608; as amended by Ord.
1023, 3/21/2012, § 3; and by Ord. 1041, 9/18/2013, § 3]
1.
A voluntary sketch plan conference with the Borough Zoning Officer
is recommended prior to the preapplication conference. The sketch
plan conference requires no formal application or fee.
2.
Prior to filing an application for tentative approval, a prospective
applicant may appear before the Planning Commission for a preapplication
conference to discuss the applicable regulations governing subdivision
and/or development of the property and the feasibility and timing
of the application. The preapplication conference is voluntary and
no formal application or fee is required. This opportunity is afforded
to the developer to obtain information and guidance before entering
into binding commitments or incurring substantial expenses for plan
preparation.
3.
Application for Tentative Approval. The application for tentative
approval shall include a location map, site map, proposed development
plan and engineering report. The application shall be submitted to
the Zoning Officer, in the form prescribed from time to time by the
Zoning Officer. The application shall comprise 12 full-scale hard
copies and nine half-scale hard copies of all required maps (the minimum
scale of which shall be one inch equals 200 feet), 21 hard copies
of all other application material, and one electronic copy of all
of the application material (including any maps). An application for
tentative approval shall not be considered to be administratively
complete until all items required by this chapter, including the filing
fee, have been received by the Borough. The Zoning Officer shall review
the application to determine whether all materials required by this
chapter have been submitted by the applicant. If all such materials
have not been submitted, the Zoning Officer shall reject the application
as being administratively incomplete and shall notify the applicant,
in writing, citing the specific deficiencies and the specific requirements
of this chapter that have not been met.
A.
The location map shall indicate the area within 1,000 feet of development
site showing North direction, all public roads, property lines as
appropriate, airport, river and adjacent municipalities, with the
subject property clearly marked.
B.
The site maps include the following:
(1)
Property Map. Minimum scale of one inch equals 200 feet, indicating
subject site and all abutting properties within 500 feet of subject
property along with the names of all such land owners of record.
(2)
Zoning Map. Minimum scale of one inch equals 200 feet similar
to that specified in Subsection 2A above, but including the zoning
classification of all properties indicated on said Map.
(3)
Topography Map. Minimum scale of one inch equals 200 feet similar
to that specified in Subsection 2A above, but indicating topography
as would appear on the United States Geodetic Survey indicating all
man-made improvements thereon including, but not limited to, buildings
existing on any properties thereon.
(4)
Soil Classification Map. Minimum scale of one inch equals 200
feet, identifying soils and listing limiting factors of applicable
soils.
(5)
Planning Nonresidential Development Maps. Planned nonresidential
development proposing commercial or industrial uses shall, in addition
to the above site maps, provide the following:
(a)
Geotechnical Report. A preliminary geotechnical report to the
extent environmentally sensitive land is to be disturbed.
C.
The development plan shall comprise such maps at a scale no smaller
than one inch equals 100 feet and text needed to clearly show the
following:
(1)
The name of the proposed development and names and addresses
of the landowner, the developer and the persons who prepared the plan.
(2)
The proposed street pattern including the names, paving width
and rights-of-way of all streets and the widths and locations of easements.
(3)
The layout of lots or parcels, where appropriate, including
dimensions, lot areas, number and building lines.
(4)
A preliminary grading plan for the development.
(5)
The location, use, height, bulk and number of families to be
housed for every structure proposed.
(6)
The location of all off-street parking spaces and the total number of spaces to be provided, in accordance with the requirements of Part 7 of this chapter.
(7)
The location, size and kind of improvements proposed for all
common open space and recreation facilities, together with proposed
ownership and maintenance arrangements for such open space.
(8)
The location and design for all landscaping and screening proposed
showing the height and type of screening.
(9)
The location and width of walks, sidewalks and trails, and the
use of trails where they are not limited to pedestrian use.
(10)
Preliminary layout of the proposed storm sewer, sanitary sewer,
stormwater management facilities and water system.
(11)
Preliminary subdivision plan showing the lot lines, rights-of-ways,
easements and property boundaries. This plan shall show a chart with
proposed and permitted density, lot areas, yard widths, parking requirements
and any other zoning information required.
D.
Text or Graphical Materials. The following text or graphical materials
shall be provided:
(1)
Covenants, Grants, Easements. The substance of covenants, grants,
easements or other restrictions proposed.
(2)
Statement of Variation. The extent to which the proposed development plan varies from land use and other zoning and subdivision regulations otherwise applicable to the subject property. See Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(3)
Development Schedule. A schedule, where development is to be
phased over a period of years, showing proposed times for the filing
of applications for final approval for each phase of the development
plan.
(4)
Public Interest Statement. A statement of public interest submitted
in writing by the developer and/or landowner setting forth the reasons
why the proposed development plan is in the public interest and is
consistent with the Borough Comprehensive Plan, if any.
(6)
Traffic Study. A traffic study as required by Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(7)
Graphical Sketch. Proposed floor plans, elevations, building
siting, typical cross section and rendering of front elevations of
proposed buildings, at a minimum scale of 1/8 inch equals one foot.
[Ord. 970, 5/16/2007, § 609]
Within five days of receipt of an administratively complete
application, the Zoning Officer shall submit one copy of the application
for tentative approval and any materials submitted therewith to the
following entities for review: the Borough Solicitor; the Borough
Engineer; each member of the Planning Commission; each member of the
Borough Council; and the Allegheny County planning agency or its designee.
Where deemed appropriate under Part 3 of the Borough of Forest Hills
Code of Ordinances, "Subdivision and Land Development," the Zoning
Officer shall also submit a copy of the application and related materials
to the Environmental Advisory Council for its information and comment.
The Borough Council shall not approve the tentative approval application
until reports from each of these agencies have been received or until
the expiration of 30 days from the date the copies of the application
for development were forwarded to said agencies.
[Ord. 970, 5/16/2007, § 610]
1.
Within 45 days of the date of filing of an administratively complete
application, the Borough Planning Commission shall make a written
recommendation to the Borough Council for approval, approval with
conditions, or disapproval of the tentative planned development application.
2.
The Borough Council shall commence a public hearing pursuant to public
notice within 60 days of the filing of an administratively complete
application for tentative approval of a planned residential development
or planned nonresidential development. The hearing may be continued
from time to time; provided, however, that the public hearing or hearings
shall be concluded within 60 days after the date of the first public
hearing. Said hearing(s) shall be conducted in accordance with § 908
of the MPC, 53 P.S. § 10908.
3.
The Borough Council shall give tentative approval to a proposed development
plan if the applicant establishes that each of the following criteria
is met:
A.
The development plan complies with all applicable standards and conditions
of this chapter, preserves the community development objectives of
this chapter and is found by the Borough Council to be consistent
with the Comprehensive Plan, if any.
B.
Where the development plan departs from this chapter and the zoning and subdivision regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public's health, safety and welfare. See Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
C.
The proposals for the maintenance and conservation of any proposed
common open space are reliable, and the amount and extent of improvements
of such open space are adequate with respect to the purpose, use and
type of development proposed.
D.
The physical design of the development plan adequately provides for
public services, traffic facilities and parking, light, air, recreation
and visual enjoyment.
E.
The total environment of the development plan is harmonious and consistent
with the neighborhood in which it is located.
F.
The development plan will afford a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property were developed in accordance with the provisions of this chapter and Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development," which otherwise apply.
G.
In the case of a development plan which proposes development over
a period of years, the terms and conditions shall be sufficient to
protect the interests of the public and of the residents/occupants
of the planned residential development or planned nonresidential development
in the integrity of the development plan.
H.
The grant or denial of tentative approval shall include findings
of fact related to the proposed development plan as submitted for
approval, and the reasons for the decisions shall be set forth with
particularity in what respect the proposed development plan would
or would not be in the public interest including, but not limited
to, each of the above criteria.
4.
In the event that a development plan is granted tentative approval,
with or without conditions, the Borough Council may set forth in the
official written communication the time within which an application
for final approval of the development plan shall be filed or, in the
case of a development plan which provides for development over a period
of years, the periods of time within which applications for final
approval of each phase thereof shall be filed. Except upon the consent
of the landowner, the time so established between grant of tentative
approval and an application for final approval shall not be less than
three months and, in the case of developments over a period of years,
the time between applications for final approval of each part of a
plan shall be not less than 12 months.
5.
The Borough Council shall render its decision in writing by certified
mail within 60 days following the conclusion of the public hearing
provided for in this Part or within 180 days after the date of the
filing of an administratively complete application, whichever occurs
first. The form and content of the decision shall be in accordance
with the requirements of Article VII of the MPC, 53 P.S. § 10701
et seq.
B.
If the developer and/or landowner chooses to reject any conditions
attached to the grant of tentative approval, he/she may void such
tentative approval by notifying the Borough Council in writing within
30 days of the decision of the Borough Council.
C.
The grant of tentative approval may be revoked by the Borough Council
if it is notified by the developer and/or landowner of his/her intention
to abandon the development plan. The grant of tentative approval shall
be deemed to be revoked if the developer and/or landowner does not
submit an application for final approval within the time limits required
by law.
[Ord. 970, 5/16/2007, § 611]
1.
The official written communication provided for in this Part shall
be certified by the Borough Secretary and shall be filed in his office,
and a certified copy shall be mailed to the landowner. Where tentative
approval has been granted, it shall be deemed an amendment to the
Zoning Map, effective upon final approval, and shall be noted on the
Zoning Map.
2.
Tentative approval of a development plan shall not qualify a plat
of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted, or which
has been given tentative approval with conditions which have been
accepted by the landowner (and provided that the landowner has not
defaulted nor violated any of the conditions of the tentative approval),
shall not be modified or revoked nor otherwise impaired by action
of the Borough pending an application or applications for final approval,
without the consent of the landowner, provided an application or applications
for final approval is filed or, in the case of development over a
period of years, provided applications are filed, within the periods
of time specified in the official written communication granting tentative
approval.
3.
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the landowner shall elect
to abandon said development plan and shall so notify the governing
body in writing, or in the event the landowner shall fail to file
application or applications for final approval within the required
period of time or times, as the case may be, the tentative approval
shall be deemed to be revoked and all that portion of the area included
in the development plan for which final approval has not been given
shall be subject to those local ordinances otherwise applicable thereto
as they may be amended from time to time, and the same shall be noted
on the Zoning Map and in the records of the Borough Secretary.
[Ord. 970, 5/16/2007, § 612]
1.
The application for final approval shall include a proposed development plan and any other supplementary material referenced in this section. Application for final approval of each phase shall be filed with the Zoning Officer, in the form prescribed from time to time by the Zoning Officer, not later than 12 months following the grant of tentative approval, unless otherwise specified by the Borough Council. The application shall comprise 12 full-scale copies, nine half-scale copies and one electronic file and the minimum scale shall be one inch equals 200 feet of the pertinent phase of the development plan and supplementary data, and a certificate of completion of improvements or a financial guaranty of improvements as required by the Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development." An application for final approval shall not be considered to be administratively complete until all items required by this chapter, including the filing fee, have been received by the Borough. The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted, the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.
A.
The development plan shall be to a scale no smaller than one inch
equals 100 feet on a sheet size measuring 24 inches by 36 inches and
shall include:
(1)
All data required for a final plat as specified in Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
(2)
Accurately dimensioned locations of all proposed structures,
parking areas and common open spaces.
(3)
The use and number of families to be housed in each structure.
(4)
The landscaping plan, including the location of sidewalks, trails
and screening.
B.
The supplementary data shall include:
(1)
Any covenants, grants of easements or other restrictions to
be imposed on the use of land and structures.
(2)
Provision for the maintenance, ownership and operation of all
landscaping and buffer yard areas, common open spaces, private roadways,
stormwater management facilities and common recreation facilities.
The provisions shall be covenants running with the land and shall
be in a form approved by the Borough Solicitor. The Borough shall
be made a third party beneficiary and shall have the express right
to enforce all terms relating to maintenance of any landscaping, buffer
yard, common open space or recreation facilities.
[Ord. 970, 5/16/2007, § 613]
No development plan shall be finally approved unless all improvements required by this Part have been installed in strict conformance with this Part or a financial guaranty that the improvements will subsequently be installed by the developer and/or landowner in the form of a bond or deposit of funds or securities in escrow which are acceptable to the Borough Council and are in amounts sufficient to cover the cost of the improvements which may be required in accordance with the requirements of Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development," for posting surety has been provided. Such financial guaranty shall provide for and secure to the public the completion of all declared improvements for the phase within a period of two years from the date of the final approval of the development plan.
[Ord. 970, 5/16/2007, § 614]
Upon the application becoming administratively complete, the
Zoning Officer shall forward one copy each of the application for
final approval to the Planning Commission, the Borough Solicitor,
the Borough Engineer and the Allegheny County planning agency or its
designee. The Borough Council shall not approve the final application
until reports from each of these agencies have been received or until
the expiration of 30 days from the date the copies of the application
for development were forwarded to said agencies. Additionally, one
copy each shall be forwarded to the Environmental Advisory Council
for its information and comment.
[Ord. 970, 5/16/2007, § 615]
1.
The Borough Council shall render its decision and communicate it
to the developer and/or landowner within 45 days from the date of
the regular meeting of the Planning Commission next following the
date the application is filed; provided, however, that should the
regular meeting of the Planning Commission occurs more than 30 days
following the filing of the application, the forty-five-day period
shall be measured from the 30th day following the day the application
has been filed.
A.
When an application for a development plan has been granted tentative
approval, the applicant shall be entitled to final approval in accordance
with the terms of the grant of tentative approval.
B.
In the event the development plan as submitted contains variations
from the development plan given tentative approval, Borough Council
may refuse to grant final approval and shall, within 45 days from
the date of the regular meeting of the Planning Commission next following
the date the application is filed, so advise the landowner in writing
of said refusal, setting forth in said notice the reasons why one
or more of said variations are not in the public interest; provided,
however, that should the next regular meeting of the Planning Commission
occur more than 30 days following the filing of the application, the
forty-five-day period shall be measured from the 30th day following
the day the application has been filed. In the event of such refusal,
the landowner may either:
C.
If the landowner wishes to take either such alternate action he may
do so at any time within which he shall be entitled to apply for final
approval, or within 30 additional days if the time for applying for
final approval shall have already passed at the time when the landowner
was advised that the development plan was not in substantial compliance.
In the event the landowner shall fail to take either of these alternate
actions within said time, he shall be deemed to have abandoned the
development plan. Any such public hearing shall be held pursuant to
public notice within 30 days after request for the hearing is made
by the landowner, and the hearing shall be conducted in the manner
described in this Part and Article VII of the MPC, 53 P.S. § 10701
et seq., for public hearings on applications for tentative approval.
Within 30 days after the conclusion of the hearing, Borough Council
shall by official written communication either grant final approval
to the development plan or deny final approval. The grant or denial
of final approval of the development plan shall be in the form and
contain the findings required for an application for tentative approval
set forth in this Part and Article VII of the MPC, 53 P.S. § 10701
et seq. Failure of Borough Council to render a decision on an application
for final approval and communicate it to the applicant within the
time and in the manner required by this section shall be deemed an
approval of the application for final approval, as presented, unless
the applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision,
in which case, failure to meet the extended time or change in manner
or presentation of communication shall have like effect.
[Ord. 970, 5/16/2007, § 616]
The Borough Council may offer mediation as an aid in completing the proceedings authorized by this Part prior to final approval of an application by the Borough Council. The Borough and the mediating parties shall meet the stipulations of § 27-1114 of this chapter governing mediation.
[Ord. 970, 5/16/2007, § 617]
The developer and/or landowner shall record the approved development
plan in the office of the Allegheny County Recorder of Deeds within
90 days of the final approval or the final approval shall expire automatically.
[Ord. 970, 5/16/2007, § 618]
The approval of the development plan shall be revoked if the developer and/or landowner gives notice of his/her intention to abandon the plan, or if the developer and/or landowner fails to commence within six months and to complete within two years of the date of such final approval, then no further development shall take place on the property included in such development plan unless a subsequent development plan is approved or such development complies with this chapter and Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."
[Ord. 970, 5/16/2007, § 619]
When, owing to special circumstances and conditions, compliance with the provisions of this Part would result in unnecessary hardship, Borough Council may make special, reasonable modifications thereto as will not be contrary to the public interest. Where a special, reasonable modification is requested, the procedure outlined by Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development," for granting modifications shall be strictly adhered to and followed.
[Ord. 970, 5/16/2007, § 620]
1.
To ensure the integrity of the development plan and to guarantee
that modifications in the plan do not adversely affect the public
interest, the enforcement and modification of the provisions of the
development plan as finally approved, whether they are recorded by
plat, covenant, easement or otherwise, shall be subject to the following
provisions:
A.
Provisions in Favor of the Borough. The provisions of the development
plan relating to the use, bulk and location of buildings and structures,
the quantity and location of common open space, except as otherwise
provided in this Part, and the intensity of use or the density of
residential units shall run in favor of the Borough. As provided by
law, these provisions shall be enforceable in law or in equity by
the Borough without limitation on any powers of regulation otherwise
granted the Borough by law.
B.
Provisions in Favor of Residents. All provisions of the development
plan shall run in favor of the residents of the planned residential
development but only to the extent expressly provided in the development
plan, also provided that these provisions, whether recorded by plat,
covenant, easement or otherwise, may be enforced by law or equity
by said residents acting individually, jointly or through an organization
designated in the development plan to act on their behalf. No provisions
of the development plan shall, however, be implied to exist in favor
of residents of the planned residential development except as to those
portions of the development plan which have been finally approved
and have been recorded.
C.
Modifications. All those provisions of the development plan authorized
to be enforced by the Borough under this Part may be modified, removed
or released by the Borough, except grants or easements relating to
the service or equipment of a public utility, subject to the following
conditions:
(1)
No such modification, removal or release of the provisions of
the development plan by the Borough shall affect the rights of the
residents of the planned residential development, or occupants of
the planned nonresidential development, to maintain and enforce those
provisions, at law or equity, as provided in this chapter.
(2)
No modification, removal or release of the provisions of the
development plan by the Borough shall be permitted except upon the
findings by the Borough Council, or its designee, following a public
hearing called and held in accordance with the provisions of the Municipalities
Planning Code, 53 P.S. § 10101 et seq. These findings must
indicate that the changes are consistent with the efficient development
and preservation of the entire planned development, do not adversely
affect the enjoyment of land abutting upon or across the street from
the planned development or the public interest and are not granted
solely to confer a special benefit upon any person.
(3)
The use of any structure(s) in a planned nonresidential development may, from time to time, be changed to another use permitted in the subject zoning district upon approval of an occupancy permit in accordance with § 27-1302, Subsection 2, hereof. Where the use is a special exception or conditional use, the change must be submitted to the appropriate body for review and approval. Where express conditions of that use conflict with the final approved development plan, the applicant shall submit an updated development plan to the Borough Council for approval showing either: (a) the conflicts between the use's express conditional use requirements and the final approved development requirements and requesting a modification of such express conditional use requirements, or (b) the changes in the final approved development plan necessary to meet the express use conditions. Where the use is a conditional use, the applications may be combined into a single proceeding. Where a use is a special exception, the development plan update must first be approved by the Borough Council prior to Zoning Hearing Board approval. Any changes in the physical layout of a final approved development plan lot shall only be approved as a development unless the Zoning Officer determines the same is de minimis and does not require any additional parking spaces.
D.
Release of Rights. Residents of the planned residential development
and occupants of the planned nonresidential development may, to the
extent and in the manner expressly authorized by the provisions of
the development plan, modify, remove or release their rights to enforce
the provisions of the development plan, but no such action shall affect
the right of the Borough to enforce the provisions of the development
plan in accordance with the provisions of this chapter.
