The purpose of the Planned Nonresidential Development (PNRD)
Overlay District is to:
A.
Provide landowners and/or developers with an alternative development
approval process that promotes flexibility in the mixture of land
uses, lot design and building arrangement not afforded by conventional
lot development.
B.
Permit a more varied, innovative and efficient development pattern
without undue delay in the approval process.
C.
Encourage the conservation of unique and environmentally sensitive
resources and site features.
D.
Enable the efficient and cost effective provision of community facilities,
including sanitary sewer and water services, roadway improvements
and recreational areas.
E.
Define a procedure to relate the type, design and layout of nonresidential
development to the characteristics of a particular lot.
A.
A PNRD is a development alternative available to landowners and/or
developers for properties located within designated overlay districts.
A PNRD is voluntary and not required. If a landowner and/or developer
choose to apply for a PNRD, all development standards and procedures
shall comply with the provisions defined by this section.
B.
No planned nonresidential development may be approved or recorded,
no lot shall be sold nor any building or structure shall be built,
altered, moved or enlarged in any planned nonresidential development
unless and until a development plan has been approved and recorded
and until the improvements required in connection therein have either
been constructed or guaranteed as herein provided.
C.
If the provisions of this section are inconsistent with other provisions
of this chapter, the provisions of this section shall apply.
A.
The lot(s) of land under application for PNRD approval shall be under
legal or equitable ownership of the landowner and/or developer; shall
be located on a lot(s) with a minimum gross area of one acre; and
shall be located within the PNRD Overlay District as indicated on
the Official Zoning Map.
B.
Uses proposed in the PNRD Overlay District shall be limited to those
as defined by the Township.
A.
Development on a lot shall conform to the lot requirements as defined
by the Township.
B.
A landowner and/or developer may submit alternative means of meeting
requirements of the Subdivision and Land Development Ordinance (SALDO)[1] and the Zoning Ordinance to the Township's Planning
Commission for approval when:
A.
The amount of common open space required as part of a PNRD shall
be a minimum of 20% of the lot area in excess of five acres.
B.
The common open space shall be dedicated or otherwise preserved and
maintained so as to always remain open and available for use by the
occupants of the development area.
C.
Common open space areas shall not include roadways or parking areas
but may include areas devoted to stormwater management areas.
D.
The landowner and/or developer shall provide open space in a contiguous
area or series of contiguous areas, to the greatest extent possible.
A.
The land and facilities to be used for common open space shall be
implemented in accordance with either of the two methods set forth
below, or a combination of the two, as determined by Township Council:
(1)
The land and/or facilities shall be conveyed to an organization
established for the ownership and maintenance of the common open space.
(2)
The land and/or facilities shall be dedicated for public use
to the Township and a dedication covenant shall be recorded in the
Allegheny County Register of Deeds Office.
B.
The organization shall covenant to operate and maintain the land
and facilities as common open space; such organization shall not be
dissolved nor shall it dispose of the common open space, by sale or
otherwise (except to an organization conceived and established to
own and maintain the common open space), without first offering to
dedicate the same to the Township.
C.
The Township shall not be obligated to accept the dedication of the
common open space or any portion thereof, where Township Council determines
that such dedication is not in the interest of the Township.
A.
At least 25% of the required common open space shall be located on
slopes between 0% and 15%.
B.
Common open space shall be directly accessible to the largest practicable
number of lots within an open space development. To achieve this,
one side of each lot created as part of the development, to the maximum
extent practicable, shall abut common open space in order to provide
direct views and access. Safe and convenient pedestrian access to
the open space from all lots not abutting the open space shall be
provided.
C.
The shape of the open space areas shall be coherently configured
and, where possible, abut existing or potential open space on adjacent
lots. Seventy-five percent of the total required acreage of open space
shall be contiguous.
D.
Stormwater management areas shall be permitted to be included within
the calculation of open space but shall not exceed 50% of the total
open space required for the development.
In the event that the organization or any successor organization
established to own and maintain the common open space shall at any
time fail to maintain the same in accordance with the development
plan and in reasonable order and condition, the Township shall have
the right to maintain the same and assess the cost of such maintenance
on a pro-rata basis and as a lien against the lots within the PNRD
that have the right to the enjoyment of the common open space, pursuant
to the authority and in accordance with the procedures and requirements
contained in this chapter.
A.
Development of any PNRD shall comply with all applicable design standards
contained in this chapter, the Township Subdivision Ordinance[1] and the Township Construction Standards, except as provided
below. If the provisions of this section are inconsistent with other
provisions of this chapter, the provisions of this section shall apply.
B.
In granting tentative and/or final land development plan approval
for any PNRD, Township Council may waive applicability of any provisions
of the Hampton Township Subdivision Ordinance which may be in conflict
with the purposes of this section in the context of any specific application
and allow for consideration of other waivers/modifications to Zoning
Ordinance regulations, with recommendations from the Township Planning
Commission
C.
As condition(s) of tentative and/or final land development plan approval, the Township may provide for variation and/or waiver of specific design standards established in the Hampton Township Subdivision Ordinance and Zoning Ordinance and as provided in Subsection C(1) through (3), below. The applicant requesting variation in design standards shall submit drawings, models or plans to demonstrate the purpose and potential impact of the request, including alternatives if specified by the Township. The applicant wishing to have any design standard varied shall bear the burden of proof in justifying the appropriateness of such variation. The applicant may be required to post bond to insure compliance with the decision and any conditions imposed by the Township.
(1)
Curbs. Curbs are used to channel water to storm sewers, protect
pavement edges and keep vehicles off of grass. In certain cases, however,
natural drainage should be encouraged. Where topography and soils
permit, roadside swales may be substituted for curbs, provided that
the alternate design:
(2)
Right-of-way. The right-of-way width is intended to provide
enough land to accommodate roadways, including potential future widening,
sidewalks and necessary grading and utilities.
The following is a summary of the required conditions:
A.
The perimeter property lines of the site which adjoin any residential
use or residential zoning district boundary line shall be screened
by a bufferyard.
B.
In an effort to encourage high quality development compatible with
the vision of the PNRD Overlay District, this use shall be provided
as an incentive conditional use in the Highway Commercial PNRD Overlay
District, provided the following criteria are met:
(1)
Building facades shall utilize finished materials that incorporate
architectural design elements to create continuity with adjacent buildings
on the site.
(2)
Building facades that are viewable from a public street shall
consist of a combination (minimum of three) of horizontal and vertical
breaks including, but not limited to, the following:
(a)
A vertical architectural element.
(b)
Building recesses, offsets or projections.
(c)
Texture and/or material change.
(d)
Architectural banding.
(e)
Variation in roof line.
(f)
Contrasting window framing or shutters.
(g)
Awnings.
(h)
Canopies or porticos.
(i)
Overhangs.
(j)
Arcades.
(k)
Peaked roof forms.
(l)
Arches.
(m)
Architectural details such as tile work into the building structure
and design.
(n)
Equal or similar design feature.
(3)
Building facades that are viewable from a public street shall
utilize natural building materials such as brick, stone, glass, wood
and similar materials.
(4)
Building facades that are viewable from a public street shall
have an articulated break at least every 30 feet, measured horizontally.
(5)
Mechanical equipment designed to be located on the roof of a
structure must be screened with typical building materials approved
by the Planning Commission.
C.
Loading areas and facilities shall not be visible from a public street
or an adjacent residential dwelling. The location and orientation
of loading areas shall be coordinated to minimize conflicts of vehicular
and pedestrian circulation.
D.
The ground surface of off-street parking and loading areas shall
be paved with bituminous, brick, concrete or stone block paving material
to protect the surrounding neighborhood from appropriate dust and
other disturbances.
E.
An interior circulation plan shall be designed and approved so that
no truck or truck and trailer combination must maneuver off-site in
order to park, load or unload.
F.
The location of buildings and facilities, traffic circulation and
parking areas on the site shall be designed to provide adequate access
for emergency vehicles.
G.
Vehicular access:
(1)
Ingress, egress and traffic circulation on the site shall be
designed to ensure safety and minimal congestion and impact on all
adjacent streets.
(2)
Vehicular access easements with adjacent properties are encouraged,
and interconnection of parking lots and travelways along the corridor
should be provided whenever practical.
H.
Pedestrian access:
(1)
A plan for pedestrian access shall be provided with the application.
This plan should include a delineation of the proposed access routes
with appropriate signage.
(2)
A pedestrian accessway must be provided across the entire width
of the property whenever practical. This access shall be located between
the public right-of-way and the front of the building.
(3)
The pedestrian walkway shall be adequately lighted.
I.
Any proposed light poles and/or signage shall meet Planning Commission
standards.
A.
All buildings or structures within a PNRD shall be set back from
a lot line, public right-of-way or private right-of-way in accordance
with Township requirements.
B.
All portions of the development plan pertaining to landscaping, signs,
parking and loading shall conform to the regulations of this section.
C.
No parking area shall be closer than 15 feet from a principal building
nor shall any parking encroach within the PNRD's required bufferyards.
D.
Off-street parking spaces shall be provided in accordance with Part
3.
E.
All uses that require off-street loading facilities shall comply
with Township requirements.
F.
All sidewalks, lighting and stormwater management facilities shall
be designed in accordance with the requirements of the Hampton Township
Subdivision Ordinance and/or Zoning Ordinance. All PNRDs shall provide
for adequate numbers and spacing of fire safety improvements or equipment
as required by Township Council.
A.
Principal vehicular access to the PNRD with five acres or more shall
be at a minimum of two points along collector and/or arterial streets
and roadways capable of supporting existing traffic volumes as well
as the traffic volumes expected to be generated by the PNRD. Points
of access shall be a minimum of 150 feet on center. Access points
shall be designed to provide smooth traffic flow, controlled turning
movements and minimum hazard to vehicular and pedestrian traffic.
Merging and turnout lanes and traffic dividers shall be provided where
existing or anticipated heavy flows of traffic indicate such needs.
Streets and roadways within the PNRD shall be designed in such a manner
as to discourage use of minor streets as through streets. Cross connection
between properties is encouraged.
B.
Walkways.
(1)
A pedestrian walkway along arterial streets must be defined
as part of the plans and must tie into adjacent sidewalks along the
same setback plane. Sidewalks shall be located and constructed in
accordance with an overall pedestrian pathway system. The system shall
include a combination of sidewalks, pathways and trails that provide
reasonable access to surrounding neighborhoods, recreation, shopping,
or other destinations within and adjacent to the PNRD.
(3)
If, in addition, sidewalks or pathways are proposed within the
common open space, such sidewalks and pathways shall form a logical,
safe and convenient network of pedestrian facilities. These sidewalks
and pathways shall be located so as to minimize conflict with streets
and roadways and crosswalks. All sidewalks and pathways shall be constructed
of an all-weather, durable hard surface approved by the Township Engineer.
(4)
The landowner and/or developer shall be responsible for maintenance
of the sidewalks within the PNRD. A pedestrian system maintenance
program and standards shall be submitted at the time of the application
for tentative and final approval.
A.
Upon dedication by the developer of the streets or roads to the Township,
the Township agrees to maintain the streets and roads dedicated to
the Township.
A.
If topographic or other natural barriers are not sufficient to assure
the privacy of the PNRD and abutting residential uses, the following
requirements shall be imposed at all points where buildings, structures
or parking areas area located within 100 feet of a PNRD's perimeter
lot line.
(1)
Buildings and structures must be set back at least the minimum
required bufferyard width from the rear and side property lines. Front
alternative setbacks will be considered.
(2)
The perimeter of a PNRD shall be screened in accordance with
the bufferyard requirements defined by Township requirements. No fences
or walls inconsistent with the Township ordinances in effect with
regard to such structures shall be permitted.
(3)
The minimum building spacing shall be 30 feet and shall be designed
to accommodate an emergency access drive that is a minimum of 12 feet
wide. The emergency access drive should be constructed, at a minimum,
as stabilized lawn or turf.
Utilities shall be provided underground to the greatest extent
possible.
A.
Planned nonresidential development (PNRD) shall be a permitted subject
to the following express standards and criteria:
(1)
The proposed development plan complies with all applicable standards
and conditions of this section, preserves the community development
objectives of Hampton Township and is found by Township Council to
be consistent with the Hampton Township Comprehensive Plan.
(2)
Where the proposed development plan departs from the requirements
of this section and the Township Subdivision and Land Development
Ordinance[1] otherwise applicable to the subject lot, such departures
are in the public interest and promote the public's health, safety
and welfare.
(3)
The proposed uses shown on the development plan are permitted
in the underlying zoning district(s) in the development plan area.
Where the use has a spacing requirement from similar uses or other
uses it may be waived in a planned nonresidential development.
(4)
The proposals for the maintenance of any bufferyard and landscaping
areas are reliable and legally enforceable, and the amount and extent
of improvements of such open space and landscaping areas are adequate
with respect to the purpose, use and type of development proposed.
(5)
The physical design of the development plan adequately provides
for public services, traffic facilities and parking, light, air, recreation
and visual enjoyment.
(6)
The total environment of the development plan is harmonious
and consistent with the zoning district(s) in which it is located
and with the surrounding zoning districts. The grant or denial of
development plan approval shall include findings of fact related to
the proposed development plan as may be 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.
B.
In evaluating the conditional use criteria, the applicant shall demonstrate,
and Township Council shall consider the following additional factors,
where applicable:
(1)
The degree to which development pursuant to a cohesive development
plan is expected to be superior to existing development in the zoning
district(s) under uncoordinated land development plans.
(2)
The degree to which a declaration of covenants, conditions and
restrictions (CCR) document is created and recorded against the lot
to govern development. Examples of items that would be included in
the CCR may include, but not be limited to:
(3)
If the planned nonresidential development area abuts a residential
district, the degree that bufferyards are enhanced over the minimum
required in this chapter.
(4)
The degree to which sensitive existing conditions are protected.
(5)
The amount and nature of public facilities and right-of-way
donated to the Township or other public agency over and above what
could legally be required in a land development.
C.
Township Council shall also consider the following criteria, which
shall be encouraged, but not required:
(1)
The use of parking structures to minimize surface parking lots.
(2)
The use of innovative stormwater management techniques, such
as best management practices (BMPs), groundwater recharging, green
roofs, etc.
(3)
The degree to which pedestrian circulation is proposed to inter-connect
the lots within the development plan.
(4)
The degree that the development plan may assist in attracting
similar uses to adjacent land.
(5)
The degree to which the use of the lot will generate tax revenue
for the Township.
(6)
The degree to which the development is expected to create new
jobs.
(7)
The degree to which mixed-use buildings and/or activities are
incorporated into the overall development plan.
D.
Residential use above the first/ground floor of any building may
be permitted in a development plan area when:
(1)
The total square footage devoted to the residential use in the
development plan area does not exceed 25% of the total area encompassed
by the development plan.
(2)
Adequate protections from noise, light, vibration, hours of
operation, truck and equipment traffic and surrounding residential
uses are provided. It is the intent of this subsection that residential
uses are secondary to the uses permitted in the zoning district(s)
and such residential use would be not subject to impacts that would
not be acceptable in residentially zoned districts. Township Council
may require that notice of this fact be made part of any recorded
covenants for the development planned area.
(3)
Adequate outdoor recreational areas are provided.
(4)
The use provisions of this section are complied with.
(5)
The height of a structure does not exceed 35 feet.
E.
The applicant shall submit an updated development plan each time
one of the following events occurs:
(1)
The uses proposed in the development plan change in trip generation
character and impact such that more than 100 new peak hour trips would
be generated.
(2)
The total development plan area devoted to bufferyards and landscaping
is decreased by more than 5%. See Part 2 of this chapter for minimum
bufferyard and landscaping requirements.
(3)
The quantity of grading shown on the development plan/grading
plan is increased by more than 5%.
(4)
Any access point to an existing public street is moved or removed
to such an extent that in the opinion of the Township Traffic Engineer
a greater impact on abutting lots will result.
(5)
The parcelization on the development plan is changed such that,
in the opinion of the Township Traffic Engineer, the street and circulation
system within the development plan area is inadequate to meet traffic
demands generated in the development plan area.
(6)
Twenty-five percent of the development plan area by building
square footage is completed; provided, however, if no changes in use
or parcel sizes have occurred from the time of the last development
plan approval, the applicant shall so notify the Township Zoning Officer
in writing and the Township Zoning Officer may waive this requirement.
(7)
Where a development plan is being updated and a lot has been
developed and has received a certificate of occupancy, only the outlines
of the lot need to be shown on the development plan with reference
to the land development plan as recorded in the Allegheny County Recorder's
Office. For modifications other than those listed above, approval
of a land development for a lot within the development plan area serves
as a revision to the previously approved development plan as to that
lot.
A.
The administration of the procedures for application and for approval
of a PNRD shall be vested in Township Council. The Township shall
refer all tentative and final land development plans to the Township
Planning Commission for their review and recommendation.
(1)
An application for tentative approval of a PNRD shall be filed by the applicant with the Township Land Use Administrator. Within 30 days of receipt of application for tentative approval, the Land Use Administrator shall indicate in written communication to the applicant whether or not the application is deemed complete and, if not, where deficient. If no written communication is provided within said thirty-day period, the application shall be deemed complete for purposes of initiating a period within which a public hearing must be held in accordance with Subsection B(2).
(2)
Within 10 days of receipt of an administratively complete application,
one copy of the application shall be submitted to the Township Engineer
and one copy shall be submitted to each member of the Township Planning
Commission. The Planning Commission shall review the application at
a public meeting and shall forward written recommendations to the
Township Board of Supervisors prior to the public hearing conducted
by the Township Board of Supervisors on the application. One copy
of the application for tentative approval shall be forwarded by the
Township Planning Commission to Township Council with their recommendations.
(3)
The application for tentative approval shall contain the following:
(a)
An overall development plan for the entire lot subject to PNRD
application, at a minimum scale of one inch equals 200 feet, indicating
the general layout and intended character of development areas and
open spaces, and the proposed locations of all public and private
rights-of-way, including streets, parking areas, water lines, sewage
conveyance, treatment and disposal facilities, stormwater management
facilities, etc.
(b)
Plan(s) at a scale of no less than one inch equaling 100 feet showing the significant natural and man-made features of the lot including streams, floodplains, wetlands, woodlands, topography and soil types. Submitted plan(s) should be at the same scale as those submitted in accordance with Subsection A(3)(d), below.
(c)
A plan depicting location and size of the lot and the nature
of the applicant's interest in the land proposed to be developed.
(d)
Plan(s) at a scale not less than one inch equaling 100 feet
and narrative documentation, as appropriate, depicting the following:
[1]
The density of each land use to be allocated to
each part of the site.
[2]
The location, size and uses of the open space and
the form or organization proposed to own and maintain the open space.
[3]
The location, species and size of required landscaping.
[4]
The use and approximate height, bulk and location
of buildings and other structures.
[5]
The feasibility of proposed water supply and the
disposition of the sanitary waste and stormwater.
[6]
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 of grants for
public utilities.
[7]
The provisions for parking of vehicles and the
location and width of proposed streets and public ways.
[8]
Any other required items for submission as defined
by the Township.
[9]
In the case of a development plan that calls for
development over a period of years, a schedule showing the proposed
times within which applications for final approval of all sections
of the PNRD are intended to be filed. This schedule must be updated
annually on the anniversary of its approval until the development
is completed.
(4)
The application for tentative approval of a PNRD shall include
a written statement by the applicant setting forth why the PNRD would
be in the public interest and consistent with the Hampton Township
Comprehensive Plan.
B.
Public hearings.
(1)
Within 60 days after the filing of an application for tentative
approval, a public hearing pursuant to public notice on said application
shall be held by Township Council in the manner prescribed by the
Municipalities Planning Code.
(2)
Township Council may continue the hearing from time to time
provided the public hearings shall be concluded within 60 days after
the date of the first public hearing.
C.
Criteria for approval. Development plan may be approved only if it
is found to meet the following criteria:
(1)
The proposed development plan shall preserve the objectives
of this section and shall be consistent with the Comprehensive Plan.
(2)
It shall be fully served by public utilities without reducing
the level of service to the remainder of the Township.
(3)
It shall organize vehicular ingress, egress, and parking to
minimize traffic congestion in the neighborhood.
(4)
It shall be sited, oriented and landscaped to produce a harmonious
relationship of buildings and grounds within the development and to
the buildings and grounds of adjacent owners, and to the fullest extent
possible, shall preserve the scenic, aesthetic, and historic features
of the landscape.
(5)
It shall not involve any element or cause any condition that
may be dangerous, injurious, or noxious to any other lot or persons.
D.
The findings.
(1)
Township Council, within 60 days following the conclusion of
the public hearings provided for in this section, shall notify the
applicant in writing of its decision to either:
(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 the tentative approval is granted subject to
conditions, the applicant may, within 30 days of receiving the written
decision of the Township, notify the Township of his refusal to accept
any or all of the conditions, in which case, the Township shall be
deemed to have denied tentative approval of the development plan.
In the event the applicant does not, within said period, notify the
Township of his refusal to accept any condition, tentative approval
of the development plan, with the conditions, shall stand as granted.
(3)
The grant or denial of tentative approval by official written
communication shall include not only conclusions but also findings
of fact relating to the following criteria:
(a)
A detailed itemization of aspects in which the proposed PNRD
is consistent with the Hampton Township Comprehensive Plan and the
aspects in which it is not so consistent.
(b)
Any aspects in which the proposed PNRD departs from zoning requirements
for similar development in other districts and Subdivision Ordinance
otherwise applicable to the subject lot, including, but not limited
to, density, bulk and use, and the reasons why such departures are
or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the common open space in
the proposed PNRD, the reliability of the proposals for maintenance
and conservation of the common open space, and the adequacy or inadequacy
of the amount and purpose of the common open space as related to the
purpose, density and type of development.
(d)
The physical design of the proposed PNRD and the aspects in
which said design does or does not make adequate provision for public
services, provided adequate control over vehicular traffic, and further
amenities of light and air, recreation, and visual enjoyment.
(e)
The relationship, beneficial or adverse, of the proposed PNRD
to the neighborhood in which it is proposed to be established.
(f)
The sufficiency of the terms and conditions intended to protect
the interest of the public and the residents of the PNRD and the integrity
of the development plan.
(4)
Status of plan after tentative approval.
(a)
The official written communication provided for this section
shall be certified by the Township Land Use Administrator and shall
be filed in the Township office and a certified copy shall be mailed
to the applicant.
(b)
Tentative approval of a development plan shall not qualify a
plan of the PNRD for recording nor authorize development or the issuance
of any building permits. A development plan which has been given tentative
approval with conditions which have been accepted by the applicant
and provided that the applicant 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 Township pending
an application or applications for final approval, without the consent
of the applicant, provided an application 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.
(c)
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the applicant shall elect
to abandon said development plan and shall so notify the Township
in writing, or in the event the applicant 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 ordinances otherwise applicable thereto as they may be amended
from time to time, and the same shall be noted in the records of the
Township Land Use Administrator.
(5)
Timing. If a proposed PNRD is granted tentative approval, with
or without conditions, Township Council may set forth in the official
written communication the time within which an application for final
approval shall be filed. In the case of a development plan, which
provides for development over a period of years, the periods of time
in which applications for final approval of each part thereof shall
be filed may also be established in the official written communication.
Only with the consent of the applicant may the time between grant
of tentative approval and application for final approval be less than
three months, and in the case of development over a period of years,
the time between applications for final approval of each part of a
plan shall not be less than 12 months.
A.
Filing.
(1)
A landowner and/or developer shall submit an application for
final approval of the development plan by delivering nine copies of
the completed application to the Zoning Officer at least 10 working
days prior to the Township Planning Commission's regularly scheduled
meeting. The Township Land Use Administrator shall determine the completeness
of the application and either accept the applications complete and
properly filed or return the application to the applicant for resubmission
if the application is incomplete and improperly filed. If the application
is returned as incomplete, a written notice, which cites the specific
requirements of this chapter which have not been met, shall be sent
to the applicant.
(2)
The date of the Township Planning Commission meeting at which
the application is accepted as complete and properly filed shall be
the official date of filing and shall represent the beginning of the
sixty-day period for review by the Township Planning Commission and
action by Township Council.
B.
Content of application for final approval.
(1)
The final application shall contain the following:
(a)
Plans at a scale of not more than one inch equaling 50 feet.
(b)
The name seal and appropriate certification of the registered
professional engineer responsible for the plan.
(c)
A plan containing sufficient data to determine the location
of streets, rights-of-way, easements and open space.
(d)
A plan which delineates slopes 15% to 25% and greater than 25%.
(e)
A plan containing sufficient data to determine the location
of significant manmade features.
(f)
The lengths of all straight lines, radii, lengths of curves
and tangent bearings for each street.
(g)
The proposed building setback line from each street and the
proposed placement of all structures other than single-family detached
dwellings.
(h)
A stormwater management plan containing stormwater management
calculations.
(i)
A plan showing the method of sanitary sewer service. The design
of any proposed sewer treatment plan, pumping stations and disposal
fields.
(j)
Permanent reference monuments shall be required and shown on
the plan.
(k)
Road profile plans showing the location, grade, and width of
existing and proposed street rights-of-way.
(l)
A plan depicting typical paving sections.
(m)
A grading and utility plan showing existing grades and proposed
grades with two-foot contours. The plan shall also include the location
of all storm sewer lines, sanitary sewer lines, invert and rim elevations
of all existing and proposed manholes, water lines, electric lines,
lighting standards and pipelines. A plan depicting the profiles of
the proposed sanitary and sewer lines.
(n)
A land use plan showing the gross and net densities of the overall
development, as well as the individual sections.
(o)
All covenants, grants of easements or other restriction proposed
to be imposed upon the use of the land, buildings, and structures
including proposed easements of grants for public facilities.
(p)
A landscaping plan showing location of sidewalks, trails, bufferyards
and species, sizes and number of plantings.
(q)
The required land use regulation modifications.
(r)
In the case of a development plan which calls for development
over a period of years, a schedule showing the proposed times within
which applications for final approval of all sections of the PNRD
are intended to be filed. This schedule must be updated annually on
the anniversary of its final approval until the development is completed
and accepted.
(2)
Supplementary data shall include:
(a)
In a form suitable for recording with the plat, any covenants,
grants of easements, rights of way or other restrictions to be imposed
on the use of the land and structures.
(b)
Provisions for the maintenance, ownership and operation of common
open spaces, common recreation facilities and other improvements.
C.
Final approval. If the application for final approval has been filed
with all drawings, specifications, other required documents in accordance
with this chapter, and the official written communication of tentative
approval, the Township Planning Commission shall recommend approval
of said application to Township Council. Township Council shall, within
45 days of the filing of the application with the Township Planning
Commission, grant such development plan final approval.
D.
Denial of approval.
(1)
If the development plan as submitted contains variations from
the development plan given tentative approval, Township Council may
refuse to grant final approval. It shall, however, within 45 days
from the filing of the application for final approval, advise the
applicant of the refusal, setting forth in the notice why one or more
of the variations are not in the public interest. In the event of
such a refusal, the developer and/or landowner may either:
(a)
Re-file the application for the final approval without the variations
objected.
(b)
File a written request with Township Council to hold a public
hearing on the application for final approval. The hearing shall be
held within 30 days of the request and the hearing shall be conducted
in accordance with the procedure for hearings on an application for
tentative approval. Within 30 days after the conclusion of the hearing,
Township Council shall issue a written decision whether granting or
denying final approval in the form required for tentative approval.
E.
Recording. A development plan, or any part thereof, which has been
given final approval shall be certified by Township Council and recorded
in the Allegheny County Office of the Recorder of Deeds before any
development shall take place. Said plan shall be recorded within 90
days of the date final approval is granted by Township Council, or
final approval shall automatically be rescinded.
F.
Judicial review. Any decision of Township Council granting or denying
tentative or final approval of a proposed PNRD shall be subject to
appeal by the same procedures and with the same limitations as provided
for zoning appeals by the Pennsylvania Municipalities Planning Code.
G.
Failure to develop. In the event that a development plan, or a section
thereof, is given final approval and thereafter the applicant shall
abandon such plan or the section thereof that has been finally approved,
or in the event the applicant shall fail to commence development of
the planned nonresidential development within two years after final
approval has been granted, or in the event that the applicant shall
substantially fail to develop in accordance with the development plan
given final approval, no development or further development shall
take place on the lot included in the development plan until after
the said lot is reclassified by enactment of an amendment to this
chapter.
H.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the PNRD provisions of this chapter shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the magisterial district
judge. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the magisterial district judge, determining
that there has been a violation, further determines that there was
a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township. The Allegheny County Court of
Common Pleas, upon petition, may grant an order of stay, upon cause
shown, tolling the per diem fine pending a final adjudication of the
violation and judgment.
(2)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
