The provisions of this article for approval of a planned residential development shall be a modification to and in lieu of procedures and criteria for approvals otherwise required in this chapter and Chapter
292, Subdivision and Land Development. Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
The planned residential development (PRD) provisions of this
chapter shall be administered by the Board of Supervisors. The Planning
Commission shall review all applications on the basis of the standards
specified in this article and make a recommendation to the Board of
Supervisors. The Board of Supervisors shall conduct the public hearings
required by the Pennsylvania Municipalities Planning Code and shall
have the final authority to approve, approve with conditions or disapprove
a planned residential development (PRD).
A. Preapplication conference.
(1) Prior to filing an application for tentative approval, the applicant
or his representative may meet with the Township Secretary and/or
Zoning Officer to obtain application forms and to discuss application
procedures and applicable ordinance requirements.
(2) In addition, the developer may request a preapplication conference
with the Planning Commission to discuss the conceptual design for
the development of the property and the feasibility and timing of
the application. The applicant shall contact the Township Secretary
or his/her designated representative at least five calendar days prior
to the regular meeting of the Planning Commission to request a preapplication
conference with the Planning Commission.
(3) The preapplication conference with the Planning Commission 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.
(4) While no formal application is required for a preapplication conference,
the applicant should provide one copy of readily available information
with the request for a preapplication conference which shows the location
of the property and any special features such as streams, floodplains
or other conditions that may affect the development of the property.
Readily available resources that may be used include the deed for
the property, a property survey, the Tax Parcel Maps prepared by the
Westmoreland County Assessor's Office, USGS Quadrangle Map showing
natural features and topography, the National Flood Insurance Administration
(NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation
Service Maps of soil types and the U.S. Bureau of Mines coal mine
maps.
(5) A preapplication conference shall not constitute formal filing of
any application for approval of a planned residential development
(PRD), shall not bind the Planning Commission to approve any concept
presented in the preapplication conference and shall not protect the
application from any subsequent changes in ordinance provisions adopted
between the preapplication conference and the official date of filing
of an application for tentative approval of a planned residential
development (PRD) that may affect the proposed development under the
terms of this chapter.
B. Application for tentative approval. At least 20 calendar days prior to the regular meeting of the Planning Commission, three copies of an application for tentative approval shall be submitted to the Township Secretary. Following initial review and receipt of comments provided by the Township in accordance with Subsection
C, the applicant shall submit seven copies of the application for review at the next regular monthly meeting of the Planning Commission. The application shall be in sufficient detail for the Planning Commission to determine compliance with the standards of this article and shall contain, at a minimum, the following information:
(1) A legal description of the total tract proposed for development,
including a statement of present and proposed ownership.
(2) A written statement of planning objectives to be achieved by the
planned residential development (PRD) through the particular approach
proposed by the developer. The statement shall include a description
of the character of the proposed development and its relationship
to the immediate area in which it is to be located.
(3) A written statement setting forth the reasons why the proposed planned
residential development (PRD) would be in the public interest and
would be consistent with the Township's Comprehensive Plan.
(4) A written statement of the requested modifications to this chapter and the Chapter
292, Subdivision and Land Development, otherwise applicable to the property, if any.
(5) A check made payable to the Westmoreland County Planning Commission
for the fee required to cover the costs of reviewing the application.
(6) A location map that clearly shows the location and area of the site
proposed for development with relation to all lands, buildings and
structures within 200 feet of its boundaries, the location and distance
to existing streets and highways and the names of landowners of adjacent
properties.
(7) A Traffic Impact Study, meeting the requirements of Chapter
292, Subdivision and Land Development.
(8) A development plan prepared at a scale no smaller than one inch equals
50 feet showing the following information:
(a)
Existing contours at intervals of five feet; watercourses; floodplains;
wetlands; woodlands; soils; steep slopes; and other natural features.
(b)
Proposed lot lines and subdivision plat, if any.
(c)
The location of all existing and proposed buildings, structures
and other improvements, including maximum height, dwelling unit types
and dwelling unit density. Preliminary elevations and architectural
renderings of proposed buildings, other than single-family detached
dwellings, shall be provided.
(d)
The location and size in acres or square feet of all areas to
be conveyed, dedicated or reserved as common open space.
(e)
A tabulation of zoning requirements, including area in steep
slopes, density calculation, setbacks, distance between buildings,
percentage of open space and other applicable requirements of this
article.
(f)
The existing and proposed vehicular circulation system of local and collector streets, including off-street parking areas required by §
350-110, service areas, loading areas and major points of access from the planned residential development (PRD) to public rights-of-way.
(g)
The existing and proposed pedestrian circulation system showing,
at a minimum, sidewalks on one side of each street, including the
relationship between the pedestrian and vehicular circulation systems
and proposed treatment for any points of conflict between the two
systems.
(h)
Streetlighting plan, as required by Chapter
292, Subdivision and Land Development.
(i)
The existing and proposed utility systems, including sanitary
sewers, storm sewers and water, electric, gas and telephone lines.
(j)
Subsurface conditions, including stability.
(k)
A minimum of three cross-sections showing existing and proposed
contours and their relationship to proposed buildings, structures,
highways, streets, parking areas, walkways and existing woodlands.
(l)
A general landscaping plan indicating the treatment and materials
proposed to be used in buffer areas and common areas on the site.
(m)
Evidence of compliance with the environmental performance standards of §
350-95 of this chapter.
(n)
Information required by the Chapter
292, Subdivision and Land Development, including application filing and application review fees.
(9) In the case of development plans that call for development over a
period of years, a schedule for phasing the development shall be provided.
This phasing schedule shall be reviewed annually with the Planning
Commission on the anniversary of tentative approval or as each phase
is completed, whichever occurs first.
C. Review of application.
(1) The Township Engineer shall review the application to determine whether
it is complete and properly filed in accordance with all requirements
of this chapter. If the Township Engineer determines that the application
is not complete and properly filed, written notice shall be provided
to the Zoning Officer with a copy to the applicant specifying the
defects in the application and the application shall be returned to
the applicant for resubmission. If a revised application is resubmitted
within 60 days of the date of the written notice from the Township
Engineer, another application filing fee shall not be required. Any
application submitted after 60 days shall be considered a new application
and shall be accompanied by the required application filing fee and
application review fee.
(2) If the Township Engineer determines that the application is complete
and properly filed, the date that the application is first reviewed
by the Planning Commission at its next regular meeting shall constitute
the official date of filing. Within five days of receipt of a complete
and properly filed application, the Zoning Officer shall distribute
the application to the Planning Commission for review and recommendation.
A copy of the Township Engineer's review comments shall be provided
to the Township Planning Commission at least five days prior to the
meeting at which the application will be considered. If revisions
are required, the applicant shall submit seven copies of the revised
application for consideration at the next regular meeting of the Planning
Commission.
(3) If, during review by the Planning Commission, the applicant revises
the application to address comments from the Planning Commission or
to demonstrate compliance with this chapter, a new application shall
not be required. If, during review by the Planning Commission, the
applicant initiates substantive revisions to the application that
are not the result of Planning Commission comments and that are not
mandated to demonstrate compliance with this chapter, the applicant
shall withdraw the application and submit a new application that shall
be subject to the payment of the required application filing fee and
application review fee.
(4) In the event that the Planning Commission tables the application to allow the applicant to address comments or demonstrate compliance with this chapter, the Planning Commission may request that the applicant grant the Board of Supervisors an extension of the sixty-day deadline required by Subsection
D to hold the public hearing, if necessary. If the applicant fails to grant such an extension, the Planning Commission may recommend disapproval of the application based on the deficiencies identified. In the case of a recommendation for disapproval, the Planning Commission shall cite the specific requirements of this chapter which have not been met.
(5) The Planning Commission shall forward a written recommendation on the application for tentative approval to the Board of Supervisors in time for the Board of Supervisors public hearing required by Subsection
D of this chapter.
D. Public hearing.
(1) Within 60 days following the official date of filing of an application
for tentative approval of a planned residential development (PRD)
that contains all of the required documentation, a public hearing
pursuant to public notice shall be held by the Board of Supervisors.
At least 14 days prior to the hearing, the Zoning Officer shall mail
a copy of the notice by first-class mail to each property owner within
300 feet of the entire perimeter of the property, including those
located across a street right-of-way. The cost of mailing the notices
shall be paid by the applicant.
(2) The public hearing shall be conducted in the manner prescribed in Article
IX of the Pennsylvania Municipalities Planning Code and all references to the Zoning Hearing Board in Article
IX shall apply to the Board of Supervisors. The public hearing or hearings shall be concluded within 60 days of the first hearing.
(3) The Township may offer mediation as an aid in completing these proceedings, provided that, in exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in §
350-133 of this chapter.
E. Tentative approval.
(1) Within 60 days following the conclusion of the public hearing, or
within 180 days after the official date of filing, whichever occurs
first, the Board of Supervisors shall, by official written communication,
either:
(a)
Grant tentative approval of the development plan, as submitted;
(b)
Grant tentative approval of the development plan, subject to
specified conditions not included in the development plan as submitted;
or
(2) Failure to act within said period shall be deemed to be a grant of
tentative approval of the development plan as submitted. In the event,
however, that tentative approval is granted subject to conditions,
the landowner may, within 30 days after receiving a copy of the official
written communication of the Board of Supervisors, notify the Board
of Supervisors of his refusal to accept all said conditions, in which
case, the Board of Supervisors shall be deemed to have denied tentative
approval of the development plan. In the event that the landowner
does not, within said period, notify the Board of Supervisors of his
refusal to accept all said conditions, tentative approval of the development
plan, with all said conditions, shall stand as granted.
The Board of Supervisors shall grant tentative approval if,
and only if, all applicable requirements of this article are met and
all of the following criteria are met:
A. The proposed application for tentative approval complies with all
standards, restrictions, criteria, requirements, regulations and procedures
of this article; preserves the community development objectives of
this chapter; and is found by the Board of Supervisors to be compatible
with the public interest and consistent with the Township's Comprehensive
Plan.
B. Where the proposed application for tentative approval provides standards that vary from this chapter and Chapter
292, Subdivision and Land Development, otherwise applicable to the subject property, such departure shall promote protection of the environment, and public health, safety and welfare and shall be in the public interest.
C. The proposals for the maintenance and conservation of any proposed
common open space are reliable and meet the standards of this chapter
and the amount and extent of improvements within the common open space
are appropriate with respect to the purpose, use and type of the residential
development proposed.
D. The physical design of the proposed development plan adequately provides
for public services, traffic facilities and parking, light, air, recreation
and visual enjoyment.
E. The proposed development plan is beneficially related to the immediate
area in which it is proposed to be located.
F. The proposed development plan will afford adequate protection of
natural watercourses, wetlands, topsoil, woodlands, steep slopes and
other natural features and will prevent erosion, landslides, siltation
and flooding.
G. In the case of a development plan that proposes development over
a period of years, the terms and conditions thereof are sufficient
to protect the interests of the public and of the residents of the
planned residential development (PRD) in the integrity of the final
development plan.
After the development plan is granted tentative approval by
the Board of Supervisors, the developer shall submit seven copies
of the application for final approval at least 20 calendar days prior
to the regular meeting of the Planning Commission. The final application
shall consist of detailed plans for any phase or section of the development
plan. No building permit shall be issued until final approval has
been granted by the Board of Supervisors for the phase or section
in which the proposed development is located. Final approval for any
phase or section shall expire if construction is not initiated for
the phase or section within one year of the date of final approval
of the phase or section by the Board of Supervisors.
A. Review of application.
(1) The Township Engineer shall review the application to determine whether
it is complete and property filed in accordance with all requirements
of this chapter. If the Township Engineer determines that the application
is not complete and properly filed, written notice shall be provided
to the Township Zoning Officer with a copy to the applicant specifying
the defects in the application and the application shall be returned
to the applicant for resubmission.
(2) If the Township Engineer determines that the application is complete
and properly filed, the date that the application is received by the
Zoning Officer shall constitute the official date of filing. Within
five days of receipt of a complete and properly filed application,
the Zoning Officer or his/her designated representative shall refer
the application to the Township Planning Commission for review and
recommendation. A copy of the Township Engineer's review comments
shall be provided to the Planning Commission at least five days prior
to the meeting at which the application will be considered.
(3) The applicant shall submit the application to the Westmoreland County
Planning Commission for review and comment subject to payment of the
required fee.
(4) Within 30 days of receipt of a complete and properly filed application
for final approval, the Planning Commission shall forward a written
recommendation to the Board of Supervisors.
(5) A public hearing on an application for final approval shall not be
required, provided the development plan is in compliance with the
development plan given tentative approval and with any specified conditions
attached thereto.
B. Action by Board of Supervisors. In the event that an application
for final approval has been filed, together with all drawings, specifications
and other documentation in support thereof, in accordance with the
requirements of this chapter and the official written communication
granting tentative approval, the Board of Supervisors shall, within
45 days of the official date of filing, grant final approval to the
development plan.
C. Variations from the plan granted tentative approval.
(1) In the event that the development plan submitted contains variations
from the development plan granted tentative approval, the Board of
Supervisors may refuse to grant final approval and may, within 45
days of the official date of filing of the application for final approval,
advise the applicant, in writing, of said refusal, setting forth in
said notice the reasons why one or more of the variations are not
in the public interest. In the event of such refusal, the landowner
may either:
(a)
Refile the application for final approval without the variations
objected; or
(b)
File a written request with the Board of Supervisors that it
hold a public hearing on the application for final approval.
(2) If the landowner wishes to take either 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.
(3) If the landowner fails to take either of these alternate actions
within said time, he shall be deemed to have abandoned the development
plan.
D. Public hearing required.
(1) Any public hearing held on an application for final approval shall
be held pursuant to public notice within 30 days after the request
for the hearing is made by the landowner and the hearing shall be
conducted in the manner prescribed in this article for public hearings
on an application for tentative approval. At least 14 days prior to
the hearing, the Zoning Officer shall mail a copy of the notice by
first-class mail to each property owner within 300 feet of the entire
perimeter of the property, including those located across a street
right-of-way. The cost of mailing the notices shall be paid by the
applicant.
(2) Within 30 days after the conclusion of the public hearing, the Board
of Supervisors shall, by official written communication, either grant
or deny final approval. The grant or denial of final approval of the
development plan shall, in cases where a public hearing is required,
be in the form and contain the findings required for an application
for tentative approval.
E. Changes in the approved plan. Changes in the location and siting
of buildings and structures deemed minor by the Board of Supervisors
may be authorized without additional public hearings, if required
by engineering or other circumstances not foreseen at the time of
tentative approval. However, gross density and/or any increase in
the total number of townhouses or garden apartments or any major change
in the points of ingress and egress to the development site or the
internal traffic circulation pattern established at the time of tentative
approval shall not be changed without a public hearing.
F. Application for final approval. The application for final approval
shall comply with all applicable ordinance provisions and the development
plan shall include, as a minimum, the following information:
(1) All data required by Chapter
292, Subdivision and Land Development, for a final plan, including application filing, application review and inspection fees.
(2) Accurately dimensioned locations for all proposed buildings, structures,
parking areas and common open space.
(3) The number of families to be housed in each residential building
or structure and the intended use of each nonresidential building
or structure.
(4) Building elevation drawings for all principal structures, other than
single-family detached dwellings.
(5) A lighting plan, showing the location, height and type of any exterior
lighting fixtures proposed and a photometric plan for all lighting
other than streetlights or yard post lamps showing the distribution
of lighting on the site and at the site boundaries.
(6) A landscaping plan, as defined by this chapter, including the location
and types of plant materials, sidewalks, trails and recreation facilities
authorized by this chapter.
(7) Supplementary data, including any covenants, grants of easements
or other restrictions to be imposed on the use of the land, building
and structures and the organization proposed to own, maintain and
operate the common open space facilities.
(8) An engineering report that shall include the following data, wherever
applicable:
(a)
Profiles, cross-sections and specifications for proposed public
and private streets.
(b)
Profiles and other explanatory data concerning installation
of water distribution systems, storm sewers and sanitary sewers.
(c)
Feasibility of the sanitary sewerage system in terms of capacity
to serve the proposed development.
(9) A grading plan prepared in compliance with the requirements of Chapter
173, Grading, Excavating and Filling.
(10)
Evidence that the applicant has submitted plans to the Westmoreland
County Conservation District for review and approval.
(11)
An erosion and sedimentation control plan that shall specifically
indicate all erosion and sedimentation control measures to be utilized
on the site. The erosion and sedimentation control plan shall be designed
to prevent accelerated erosion and sedimentation. The plan shall include,
but not be limited to, the following:
(a)
The topographic features of the site;
(b)
The types, depth, slope and extent of the soils by area;
(c)
The proposed alterations to the site;
(d)
The amount of runoff from the site area and the upstream watershed;
(e)
The staging of earthmoving activities;
(f)
Temporary control measures and facilities during earthmoving;
(g)
Permanent control measures and facilities for long-term protection;
(h)
A maintenance program for the control facilities, including
disposal of materials removed from the control facilities or site
area.
(12)
A stormwater management plan prepared in compliance with the requirements of Chapter
280, Stormwater Management.
(13)
Performance bond and development agreement as required by Chapter
292, Subdivision and Land Development.
G. Recording. A final development plan, or any part thereof, that has been granted final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record in the Office of the Westmoreland County Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to execution of the developer's agreement and posting of the financial security required by Chapter
292, Subdivision and Land Development, for public and private improvements in the development plan.
H. Revocation of final approval. In the event that a development plan,
or section thereof, is given final approval and thereafter the landowner
shall abandon such plan, or section thereof, that has been finally
approved, and shall so notify the Board of Supervisors in writing;
or, in the event that the landowner shall fail to commence and carry
out the planned residential development (PRD) in accordance with the
time provisions stated in § 508 of the Pennsylvania Municipalities
Planning Code after final approval has been granted, no further development
shall take place on the property included in the development plan
until a new application for tentative approval of a planned residential
development (PRD) is submitted for said property or the property is
developed in accordance with the then-applicable zoning district regulations.