[Ord. 687, 8/12/2015]
The purpose of these planned residential development (PRD) regulations
is to permit residential development which is more creative and imaginative
than is generally possible under conventional zoning district controls
and subdivision requirements. Further, these regulations are intended
to promote more-economical and -efficient use of the land while providing
a compatible blend of housing types, amenities and community facilities
of high quality, oriented to the specific development site and preserving
the natural scenic qualities of open space.
[Ord. 687, 8/12/2015]
The provisions of this Part 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 the Township Subdivision and Land Development Ordinance [Chapter
22]. 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. 687, 8/12/2015]
The planned residential development provisions of this chapter
shall be administered by the Board of Commissioners. The Planning
Commission shall review all applications on the basis of the standards
specified in this Part and make a recommendation to the Board of Commissioners.
The Board of Commissioners 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.
1807.1.
Preapplication Conference.
A. Prior to filing an application for tentative approval, the applicant
or his representative may meet with Township staff to obtain application
forms and to discuss application procedures and applicable ordinance
requirements.
B. 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 Zoning Officer
at least five calendar days prior to the regular meeting of the Planning
Commission to request a preapplication conference with the Planning
Commission.
C. 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.
D. 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 which may be used include the deed for
the property, a property survey, the Tax Parcel Maps prepared by the
Allegheny County Assessor's office, USGS Quandrangle 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 United States Bureau of Mines coal
mine maps.
E. A preapplication conference shall not constitute formal filing of
any application for approval of a planned residential development,
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 that may affect
the proposed development between the preapplication conference and
the official date of filing of an application for tentative approval
of a planned residential development under the terms of this chapter.
1807.2.
Application for Tentative Approval. At least 30 calendar days
prior to the regular meeting of the Planning Commission, 15 copies
of an application for tentative approval shall be submitted. The application
shall be in sufficient detail for the Planning Commission to determine
compliance with the standards of this Part and shall contain, at a
minimum, the following information:
A. A legal description of the total tract proposed for development,
including a statement of present and proposed ownership.
B. A written statement of planning objectives to be achieved by the
planned residential development 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.
C. A written statement setting forth the reasons why the proposed planned
residential development would be in the public interest and would
be consistent with the Township's Comprehensive Plan.
D. A written statement of the requested modifications to Township zoning
and subdivision regulations otherwise applicable to the property,
if any.
E. A location map which 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.
F. A development plan, prepared at a scale no smaller than one inch
equals 50 feet, showing the following information:
(1)
Existing contours at intervals of five feet; watercourses; floodplains;
wetlands; woodlands; soils; steep slopes; and other natural features.
(2)
Proposed lot lines and subdivision plat, if any.
(3)
The location of all existing and proposed buildings, structures
and other improvements, including maximum heights, types of dwelling
units, and dwelling unit density. Preliminary elevations and architectural
renderings shall be provided.
(4)
The location and size, in acres or square feet, of all areas
to be conveyed, dedicated or reserved as common open space.
(5)
The existing and proposed vehicular circulation system of local
and collector streets, including off-street parking areas, service
areas, loading areas and major points of access from the planned residential
development to public rights-of-way.
(6)
The existing and proposed pedestrian circulation system, including
its interrelationship with the vehicular circulation system and proposed
treatment for any points of conflict between the two systems.
(7)
The existing and proposed utility systems, including sanitary
sewers, storm sewers and water, electric, gas and telephone lines.
(8)
Subsurface conditions, including slope stability.
(9)
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.
(10)
A general landscaping plan indicating the treatment and materials
proposed to be used in buffer areas and common areas on the site.
(11)
Evidence of compliance with the environmental performance standards of §
27-2103.1 of this chapter.
G. Information required by the Township Subdivision and Land Development
Ordinance, including application filing and application review fees.
H. In the case of development plans which 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.
1807.3.
Review of Application.
A. The Zoning Officer shall review the application to determine whether
it is complete and properly filed in accordance with all requirements
of this chapter. If the Zoning Officer determines that the application
is not complete and properly filed, written notice shall be provided
to the applicant specifying the defects in the application and returning
the application for resubmission. If a revised application is resubmitted
within 60 days of the date of the written notice from the Zoning Officer,
an 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.
B. If the Zoning Officer 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 shall transmit a copy to the Allegheny County Planning
Commission for review and comment and shall refer the application
to the Township Planning Commission for review and recommendation.
C. 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 revisions to the application which are not the
result of Planning Commission comments and which are not mandated
to demonstrate compliance with this chapter, the applicant shall withdraw
the application and submit a new application, which shall be subject
to the payment of the required application filing fee.
D. The Planning Commission shall forward a written recommendation on the application for tentative approval to the Board of Commissioners in time for the Board of Commissioners' public hearing required by §
27-1807.4 below.
1807.4.
Public Hearing.
A. Within 60 days following the official date of filing of an application
for tentative approval of a planned residential development which
contains all of the required documentation, a public hearing pursuant
to public notice shall be held by the Board of Commissioners. At least
14 days prior to the hearing, the Zoning Officer shall mail a copy
of the notice by certified 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 certified notices
shall be paid by the applicant.
B. 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 Commissioners. The public hearing or hearings shall be
concluded within 60 days of the first hearing.
C. 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 §
27-2510.
1807.5.
Tentative Approval.
A. Within 60 days following the conclusion of the public hearings, the
Board of Commissioners shall, by official written communication, either:
(1)
Grant tentative approval of the development plan as submitted;
(2)
Grant tentative approval of the development plan, subject to
specified conditions not included in the development plan as submitted;
or
B. 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.
C. 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 Commissioners, notify the Board
of Commissioners of his refusal to accept all said conditions, in
which case, the Board of Commissioners 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 Commissioners
of his refusal to accept all said conditions, tentative approval of
the development plan, with all said conditions, shall stand as granted.
[Ord. 687, 8/12/2015]
The Board of Commissioners shall grant tentative approval if,
and only if, all applicable requirements of this Part are met and
all of the following criteria are met.
1808.1.
The proposed application for tentative approval complies with
all standards, restrictions, criteria, requirements, regulations and
procedures of this chapter; preserves the community development objectives
of this chapter; and is found by the Board of Commissioners to be
compatible with the public interest and consistent with the Township's
Comprehensive Plan.
1808.2.
Where the proposed application for tentative approval provides standards which vary from this chapter and the Township Subdivision and Land Development Ordinance [Chapter
22] 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.
1808.3.
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.
1808.4.
The physical design of the proposed development plan adequately
provides for public services, traffic facilities and parking, light,
air, recreation and visual enjoyment.
1808.5.
The proposed development plan is beneficially related to the
immediate area in which it is proposed to be located.
1808.6.
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.
1808.7.
In the case of a development plan which 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 in the integrity of the final development
plan.
[Ord. 687, 8/12/2015]
After the development plan is granted tentative approval by
the Board of Commissioners, the developer shall submit 15 copies of
the application for final approval, which 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 Commissioners 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 Commissioners.
1809.1.
Review of Application.
A. The Zoning Officer shall review the application to determine whether
it is complete and properly filed in accordance with all requirements
of this chapter. If the Zoning Officer determines that the application
is not complete and properly filed, written notice shall be provided
to the applicant specifying the defects in the application and returning
the application for resubmission.
B. If the Zoning Officer 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 shall refer the application to the Planning Commission
for review and recommendation.
C. Within 35 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 Commissioners.
D. 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.
1809.2.
Action by Board of Commissioners. 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 Commissioners shall, within
45 days of the official date of filing, grant final approval to the
development plan.
1809.3.
Variations from the Plan Granted Tentative Approval.
A. In the event that the development plan submitted contains variations
from the development plan granted tentative approval, the Board of
Commissioners 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:
(1)
Refile the application for final approval without the variations
objected; or
(2)
File a written request with the Board of Commissioners that
it hold a public hearing on the application for final approval.
B. 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.
C. If the landowner fails to take either of these alternate actions
within said time, he shall be deemed to have abandoned the development
plan.
1809.4.
Public Hearing Required.
A. 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 Part 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
certified 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 certified notices shall be paid
by the applicant.
B. Within 30 days after the conclusion of the public hearing, the Board
of Commissioners 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.
1809.5.
Changes in the Approved Plan. Changes in the location and siting
of buildings and structures deemed minor by the Board of Commissioners
may be authorized without additional public hearings, if required
by engineering or other circumstances not foreseen at the time of
tentative approval. However, gross and net density established at
the time of tentative approval shall not be changed without a public
hearing.
1809.6.
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:
A. All data required by the Township Subdivision and Land Development Ordinance [Chapter
22] for a final plan, including application filing, application review and inspection fees.
B. Accurately dimensioned locations for all proposed buildings, structures,
parking areas and common open space.
C. The number of families to be housed in each residential building
or structure and the intended use of each nonresidential building
or structure.
D. Building elevation drawings for all principal structures, other than
single-family dwellings.
E. A lighting plan, showing the location, height and type of any exterior
lighting fixtures proposed, and a photometric plan showing the distribution
of lighting on the site and at the site boundaries.
F. A landscaping plan, as defined by this chapter, including the location
and types of materials of plant materials, sidewalks, trails and recreation
facilities authorized by this chapter.
G. Supplementary data, including any covenants, grants of easement or
other restrictions to be imposed on the use of the land, building
and structures and for the organization proposed to own, maintain
and operate the common open space facilities.
H. An engineering report, which shall include the following data, wherever
applicable:
(1)
Profiles, cross sections and specifications for proposed public
and private streets.
(2)
Profiles and other explanatory data concerning installation
of water distribution systems, storm sewers and sanitary sewers.
(3)
Feasibility of the sanitary sewerage system in terms of capacity
to serve the proposed development.
(4)
A grading plan prepared in compliance with the requirements of the Township Grading Ordinance [Chapter
9].
I. An erosion and sedimentation control plan, which 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:
(1)
The topographic features of the site;
(2)
The types, depth, slope and extent of the soils by area;
(3)
The proposed alterations to the site;
(4)
The amount of runoff from the site area and the upstream watershed;
(5)
The staging of earthmoving activities;
(6)
Temporary control measures and facilities during earthmoving;
(7)
Permanent control measures and facilities for long-term protection;
(8)
A maintenance program for the control facilities, including
disposal of materials removed from the control facilities or site
area.
J. A stormwater management plan prepared in compliance with the requirements of the Township Stormwater Management Ordinance [Chapter
23].
K. Performance bond and development agreement as required by the Township Subdivision and Land Development Ordinance [Chapter
22].
1809.7.
Recording. A final development plan, or any part thereof, which has been granted final approval shall be so certified without delay by the Board of Commissioners and shall be filed of record in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to posting of the financial security required by the Township Subdivision and Land Development Ordinance [Chapter
22] for public and private improvements in the development plan.
1809.8.
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 Commissioners in
writing, or in the event that the landowner shall fail to commence
and carry out the planned residential development in accordance with
the time provisions stated in Section 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 is submitted for said property or the property is developed
in accordance with the then-applicable zoning district regulations.