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.
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 by this chapter and the
Township Subdivision and Land Development Ordinance.[1] 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.
1302.1
Site Area. In all cases, the minimum site required for a planned
residential development shall be 30 contiguous acres. Public easements
or rights-of-way and public or private streets shall not be construed
as an interruption or division of a site proposed for a planned residential
development.
1302.2
Site Ownership. The site proposed for a planned residential
development shall be under single ownership and control. Prior to
submitting an application for tentative approval, the applicant shall
demonstrate that he is the landowner, as defined by this chapter.
Evidence of legal, as well as equitable, ownership shall be provided
as a condition of final approval.
1302.3
Authorized Uses.
A.
Dwelling Units Authorized.
(1)
Depending on the zoning district in which the planned residential
development is located, only the following dwelling units may be included
in a planned residential development in each of the districts where
PRDs are authorized.
|
R-2 and R-3 Districts
|
R-4 Districts
|
|---|---|
|
Single-family dwelling
|
Two-family dwelling
|
|
Two-family dwelling
|
Triplex, fourplex
|
|
Triplex
|
Townhouse
Garden apartment
|
(2)
In the R-2 District, at least 30% of the dwelling units in the
PRD shall be detached single-family dwellings. The PRD shall be designed
so that the detached single-family dwellings are adjacent to the boundary
between the PRD site and any R-1 or R-2 properties outside the PRD.
The perimeter setback shall be maintained within the boundaries of
the lots proposed for detached single-family dwellings.
B.
Recreational and Other Common Facilities for the Residents. In addition
to the residential uses permitted in a planned residential development,
recreation facilities designed for the use of the residents of the
planned residential development shall be permitted, including, but
not limited to, hiking, biking or exercise trails; tennis, paddle
tennis, basketball, volleyball or other playing courts; swimming pool
and related facilities; golf course or putting green; community building
for meetings and social activities; picnic pavilions; other active
and passive recreational uses deemed appropriate to the proposed residents
of the planned residential development by the Board of Commissioners.
1302.4
Maximum Dwelling Unit Density. Regardless of whether a planned
residential development is comprised of a mix of dwelling unit types
or a single type of dwelling unit, the maximum dwelling unit density
shall be four units per acre in the R-2 District, six units per acre
in the R-3 District and 10 units per acre in the R-4 District.
1302.5
Minimum Lot Area.
A.
In no case shall the minimum lot area required for a single-family
detached dwelling or two-family dwelling be reduced to less than the
following minimum lot area in a planned residential development, in
the R-2 and R-3 Districts:
|
Dwelling Type
|
Minimum Lot Area
|
|---|---|
|
Single-family dwelling
|
8,000 square feet
|
|
Two-family dwelling
|
12,000 square feet (6,000 square feet per dwelling unit)
|
B.
In the R-3 and R-4 Districts, the minimum lot area required for a
two-family dwelling in a PRD shall not be reduced to less than 10,000
square feet (5,000 square feet per dwelling unit).
C.
There shall be no minimum lot area required for triplex, fourplex,
townhouse and garden apartment dwellings in a PRD, provided dwelling
unit density and all other applicable requirements of this article
are met.
1302.6
Minimum Building Setback on the Perimeter of the Planned Residential
Development Site. In all zoning districts where planned residential
development is authorized, no garden apartment, townhouse, triplex
or fourplex shall be located closer to any boundary of the planned
residential development site than 75 feet. All other structures shall
be located at least 50 feet from the boundary of the planned residential
development site. No accessory structure and no off-street parking
shall be located in this required perimeter setback area.
1302.7
Distance Between Buildings. Where two or more principal multifamily
buildings are proposed on one lot in a PRD, the minimum distance between
the buildings shall be 40 feet.
1302.8
Modifications to Otherwise Applicable Zoning and Subdivision
Regulations.
A.
The Design and Construction Standards of the Township Subdivision
and Land Development Ordinance[1] shall apply to all public improvements proposed in a planned
residential development unless a waiver or modification is granted
by the Board of Commissioners in accordance with the procedures specified
in the Township Subdivision and Land Development Ordinance.
B.
Except for maximum dwelling unit density and maximum building height,
any of the other requirements of the underlying zoning district classification
may be modified by the Board of Commissioners in granting tentative
approval to a planned residential development, if the Board determines
that the requested modification or modifications will contribute to
a more beneficial use of the site, will not be contrary to the public
interest and may be warranted owing to unique physical circumstances
or conditions unique to the particular property.
C.
All requests for modification shall be in writing. Requests for modifications
to zoning requirements and subdivision design shall accompany and
be a part of the application for tentative approval. Requests for
modifications to construction specifications may be submitted with
the application for final approval if the modification relates to
engineering specifications in final construction drawings rather than
to plan design. Such written requests shall specify the ordinance
section from which a modification is requested and shall state the
grounds for the request, the unreasonable hardship on which the request
was based, if applicable, and the minimum modification necessary to
relieve the hardship or to promote more efficient use of the site.
D.
Whenever a request for modification is granted or denied, the reasons
for such grant or denial shall be stated within the official written
communication to the landowner. The grant of a modification request
may be subject to reasonable conditions designed to promote the purposes
set forth in this article.
E.
If approved by the Township, the plat for recording shall include
a listing of the specific modifications granted and the date of approval.
1303.1
Access and Traffic Control. The site of a planned residential
development shall have frontage on and direct vehicular access to
an arterial or collector street, as defined by this chapter. The projected
traffic volumes associated with the proposed planned residential development
shall be capable of being accommodated by the adjacent street network.
The developer shall demonstrate, by submission of a traffic study,
as defined herein, that the projected traffic from the planned residential
development shall not materially increase congestion and impair safety
on adjacent public streets. Ingress and egress to and from the site
shall be designed to comply with the minimum requirements of the Township
Subdivision and Land Development Ordinance.[1]
1303.2
Public Water and Sewer Service. All dwelling units and other
principal structures in a planned residential development shall be
connected to a public water supply and public sanitary sewer service.
1303.3
Storm Drainage. The developer shall provide a storm drainage
system within a planned residential development that shall be of sufficient
size and design to collect, carry off and dispose of all predictable
surface water runoff within the planned residential development and
shall be so constructed to conform with the statutes, ordinances and
regulations of the Commonwealth of Pennsylvania and the Township's
Stormwater Management regulations.[2]
1304.1
Areas Required.
A.
Common open space shall comprise at least 20% of the total gross
site area of the PRD.
B.
Of the required open space area, not more than 50% may be covered
by water.
C.
Recreational facilities or structures and their accessory uses located
in common open space areas shall be considered improved open space
as long as the total impervious surface area constitutes no more than
5% of the total common open space.
D.
To the extent feasible, steep slopes, streams, lakes, ponds, woodlands
and other environmentally sensitive areas shall be incorporated into
the common open space.
E.
No less than 35% of the required open space area shall have slopes
of 15% or less and shall be suitable for development of active recreation
facilities such as walking trails, ballfields, picnic areas, tennis
courts, swimming pools and similar facilities.
F.
The active recreation proposed by the applicant shall be appropriate
to the needs of the anticipated residents of the PRD and shall be
subject to approval by the Board of Commissioners, upon recommendation
by the Planning Commission.
1304.2
Protection of Common Open Space. Common open space in a planned
residential development shall be protected by adequate covenants running
with the land or by conveyances or dedications. A planned residential
development shall be approved subject to the submission of a legal
instrument or instruments setting forth a plan for the permanent preservation,
care and maintenance of such common open space, recreational areas
and other facilities owned in common. No such instrument shall be
acceptable until approved by the Board of Commissioners as to legal
form and effect. In cases where the Township will not be accepting
dedications of streets, recreation areas or common open spaces, the
developer shall provide for an organization or trust for ownership
and maintenance of the common open space and common facilities.
1304.3
Common Open Space Maintenance. In the event that the organization
established to own and maintain the common open space, or any successor
thereto, shall at any time after establishment of the final development
plan fail to maintain the common open space, including all streets,
driveways and recreational facilities, in reasonable order and condition
in accordance with the development plan granted final approval, the
Township may take remedial action to cause the common open space and
common facilities to be properly maintained, as provided for in Section
705(f) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10705(f).
A.
In the R-3 and R-4 Districts, Buffer Area "A," as defined in § 1502.1
of this chapter, shall be provided along all property lines on the
perimeter of a planned residential development site adjoining an S-C,
R-C, R-1 or R-2 District.
B.
In the R-2 District, Buffer Area "C," as defined in § 1502.1
of this chapter, shall be provided along all property lines on the
perimeter of a planned residential development.
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 article 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.
1306.1
Pre-Application 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 applicant may request a pre-application 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 pre-application conference with the Planning
Commission.
C.
The pre-application conference with the Planning Commission is voluntary
and no formal application or fee is required. This opportunity is
afforded to the applicant 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 pre-application 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 Lot and Block Maps prepared by
the Allegheny County Assessor's Office, U.S.G.S. 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.
E.
A pre-application 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 pre-application conference and shall not protect the application
from any subsequent changes in ordinance provisions that may affect
the proposed development between the pre-application conference and
the official date of filing of an application for tentative approval
of a planned residential development under the terms of this chapter.
1306.2
Application for Tentative Approval. At least 28 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 article 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. If the applicant
is not the landowner, evidence of equitable interest in the property
shall be submitted.
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 preliminary 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 building elevations and
architectural renderings shall be provided for all structures other
than single-family dwellings.
(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 proposals for active recreation and a written statement
indicating how the proposals address the needs of the anticipated
residents of the PRD, considering age, household size and family composition.
(6)
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.
(7)
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.
(8)
The existing and proposed utility systems, including sanitary
sewers, storm sewers and water, electric, gas and telephone lines.
(9)
Subsurface conditions, including slope stability.
(10)
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.
(11)
A general landscaping plan indicating the treatment and materials
proposed to be used in buffer areas and common areas on the site.
(12)
Evidence of compliance with the environmental performance standards
of § 1501.1 of this chapter.
G.
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 by the
Board of Commissioners on the anniversary of tentative approval or
as each phase is completed, whichever occurs first.
H.
The application fee and application review fee.
1306.3
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 Department
of Economic Development for review and comment and shall refer the
application to the Township Engineer and 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
§ 1306D of this chapter.
1306.4
Public Hearing.
A.
Within 60 days following the Official Date of Filing of an application
for tentative approval of a planned residential development that 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
reference 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 § 1907 of this chapter.
1306.5
Tentative Approval.
A.
Within 60 days following the conclusion of the public hearings, or
within 180 days after the official date of filing, whichever occurs
first, the Board of Commissioners shall, by official written communication,
either:
B.
The official written communication granting or denying tentative
approval shall be certified by the Township Secretary. One certified
copy shall be kept in the Secretary's Office and one certified copy
shall be mailed to the landowner.
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.
1306.6
Revocation of Tentative Approval. 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 Board of Commissioners 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
Township 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 Township Secretary.
1306.7
Status of Plan After Tentative Approval.
A.
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.
B.
Tentative approval shall not qualify a plat of the planned residential
development for recording, nor authorize development or the issuance
of building permits. A development plan that has been granted tentative
approval as submitted or with conditions that have been accepted by
the landowner, shall not be modified or revoked nor otherwise impaired
by action of the Township pending an application or applications for
final approval, without consent of the landowner, provided an application
or applications for final approval have been filed within the time
periods specified in the official written communication granting tentative
approval or in the applicant's phasing schedule pursuant to Section
508(4) of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4).
The Board of Commissioners shall grant tentative approval if,
and only if, all applicable requirements of this article are met and
all of the following criteria are met:
1307.1
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.
1307.2
Where the proposed application for tentative approval provides
standards that vary from this chapter and the Township Subdivision
and Land Development Ordinance 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.
1307.3
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.
1307.4
The physical design of the proposed development plan adequately
provides for public services, traffic facilities and parking, light,
air, recreation and visual enjoyment.
1307.5
The proposed development plan is beneficially related to the
immediate area in which it is proposed to be located.
1307.6
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.
1307.7
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.
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 that 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.
1308.1
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 the
application shall be returned 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 comment.
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.
1308.2
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.
1308.3
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:
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.
1308.4
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 article for public hearings
on an application for tentative approval. At least 14 days prior to
the public 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.
1308.5
Failure to Render a Decision. Failure of the Board of Commissioners
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 § 1308 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.
1308.6
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.
1308.7
Application for Final Approval. The application for final approval
shall comply with all applicable ordinance provisions and the development
plan shall include, at a minimum, the following information:
B.
Application filing, application review and inspection fees.
C.
Accurately dimensioned locations for all proposed buildings, structures,
parking areas and common open space.
D.
The number of dwelling units in each residential building or structure
and the intended use of each nonresidential building or structure.
E.
Building elevation drawings prepared by a registered architect for
all principal structures, other than single-family dwellings.
F.
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.
G.
A landscaping plan, as defined by this chapter, prepared by a registered
landscape architect including the location and types of plant materials,
sidewalks, trails and recreation facilities authorized by this chapter.
H.
Supplementary data, including any covenants, grants of easements
or other restrictions to be imposed on the use of the land, buildings
and structures and for the organization proposed to own, maintain
and operate the common open space facilities.
I.
Final drawings prepared by a registered engineer for all public and
private improvements:
K.
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.
M.
A development schedule showing the order of construction of each
phase in the plan granted tentative approval, the proposed dates for
beginning and completing construction in each phase and the proposed
schedule for providing access to and improvements on the common areas.
N.
Deed restrictions to preserve the character of the common areas.
O.
The proposed bylaws of the association or certificate of incorporation
and incorporated bylaws of the nonprofit corporation established to
administer the common areas, if applicable. If the applicant elects
the condominium method of ownership of the common areas, the proposed
declaration of condominium bylaws and related documents shall be submitted.
P.
Instruments dedicating all public rights-of-way, easements or encumbrances
shown on the final plan.
Q.
A title insurance policy or an attorney's certificate of title showing
the status of the title to the site encompassed by the final plan
and all liens, encumbrances and defects, if any.
R.
Tax receipts from all taxing bodies indicating taxes have been paid
in full up to and including the current period.
1308.8
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. Upon approval of a final plat, the
developer shall record the plat in accordance with the provisions
of Section 513(a) of the Pennsylvania Municipalities Planning Code[5] and shall post the financial security required by the
Township Subdivision and Land Development Ordinance for public and
private improvements in the development plan.
[5]
Editor's Note: See 53 P.S. § 10513(a).
1308.9
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[6] 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
or the property is reclassified by enactment of an amendment to the
Zoning District Map.
[6]
Editor's Note: See 53 P.S. § 10508.
