Township of North Strabane, PA PLANNED RESIDENTIAL DEVELOPMENT

[Ord. No. 376, 7/24/2018]

The purpose of these regulations is to permit residential development that 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 effective and efficient relationships between development, existing and planned public infrastructure and the Township's roadway network 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. Based upon the context of the Township's Comprehensive Plan, established development patterns, roadway characteristics and public infrastructure systems existing and planned within the Township, two planned residential development options (PRD A and PRD B) are applicable within the Township's designated R-3 Zoning District.

Each planned residential development should be designed to accomplish the following:

Choices in the types of dwelling units and living environments.

Open space and recreation areas directly related to the intended users.

A pattern of development that preserves trees, outstanding natural topography and geological features and prevents soil erosion.

A creative approach to the use of land and related physical development.

An efficient use of land, resulting in efficient networks of utilities and streets.

An environment of stable character in harmony with surrounding development and public improvements.

A more desirable environment than would be possible through the strict application of other parts of this chapter.

§ 27-1201 Applicability and Relationship to Other Ordinances.

[Ord. No. 376, 7/24/2018]

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.[1] 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.

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

§ 27-1202 Site Area, Ownership, Use and Density Requirements.

[Ord. No. 376, 7/24/2018]

Site Area. PRD A shall be a minimum of 50 contiguous acres. PRD B shall be a minimum of 30 acres. Sites that are divided by a public or private street right-of-way shall not be construed as contiguous for the purposes of a planned residential development.

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. Legal, as well as equitable, ownership shall be demonstrated coincident with approval of the final development plan.

Dwelling units authorized.

Any of the following dwelling units may be included in a planned residential development:

PRD A		PRD B
(1)	Single-family dwelling.	(1)	Single-family dwelling.
(2)	Two-family dwelling.	(2)	Two-family dwelling.
(3)	Triplex.	(3)	Quadruplex.
(4)	Quadruplex.
(5)	Townhouse.
(6)	Garden apartment.

All PRDs must have single-family dwellings comprising a minimum of 80% of the total dwelling unit mix.

Within a planned residential development that proposes a mix of dwelling unit types, a single phase of the PRD may contain only one dwelling unit type. Each phase that contains a different dwelling unit type shall be accessed from the principal circulation system within the PRD. The plan shall be designed to provide existing natural buffers or landscaped buffers between phases containing different dwelling types.

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; and other passive and low-impact active recreational uses deemed appropriate to the needs and interests of the proposed residents of the planned residential development by the Board of Supervisors.

Passive recreation facilities may be provided within the common open space. Low-impact active recreation shall be provided based on the ratio of 500 square feet per dwelling unit. The total area devoted to low-impact active recreation shall be located within the common open space. The specific facilities proposed shall be subject to approval by the Township based on the anticipated needs of the residents. In lieu of providing the area devoted to active recreation, the developer may pay the fee in lieu of dedication of open space required by the Township Subdivision and Land Development Ordinance[1] Payment of the fee in lieu shall not relieve the developer of the requirement to reserve 20% of the site as common open space or the requirement that 40% of the required common open space be suitable for active recreation.

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Maximum dwelling unit density.

For both PRD A and PRD B, 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 any PRD.

Dwelling unit density shall be calculated using the net acreage.

Minimum lot area.

In no case shall the minimum lot area required for any dwelling be reduced to less than 10,890 square feet.

Maximum number of dwelling units.

To determine the maximum number of dwelling units allowed in a planned residential development, perform the following calculation:

Step 1. Identify gross acreage	_____Line 1
Step 2. Calculate 20% of the gross acreage	_____Line 2
20% accounts for the minimum required percentage of open space.
Step 3. Subtract Line 1 - Line 2	_____Line 3
Step 4. Identify acreage of remaining environmentally sensitive resources not already accounted for in open space.	_____Line 4
Step 5. Identify proposed right-of-way acreage	_____Line 5
Step 6. Subtract Line 3 - (Line 4 + Line 5)	_____Line 6
Step 7. Multiply Line 6 by 4.0	_____Line 7
This result shall be the maximum number of units permissible to be developed as part of the planned residential development.
Step 8. Confirm gross density (= Line 7 / Line 1)	_____Line 8
Step 9. Confirm net density does not exceed what is permissible in accordance with Subsection 5.1 (= Line 7/Line 6)	_____Line 9

Minimum building setback on the perimeter of the planned residential development site. Where the planned residential development options are authorized, no garden apartment, townhouse, triplex or quadruplex 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.

Internal setbacks and distance between buildings.

The minimum required front yard setback from a public or private street shall be 25 feet. There shall be no other required setback internal to the PRD, provided that, where two or more principal residential buildings (regardless of dwelling type) are proposed on the same lot, the minimum distance between the buildings shall be 20 feet.

In the case of lots proposed for fee-simple ownership, all principal structures shall be setback a minimum of 15 feet from a rear property line. Decks or other structures attached to the principal building may encroach into the rear yard if the rear lot line adjoins common open space; any encroachment into a rear yard shall not be closer than five feet to a property line. Attached units shall be permitted to have a zero side yard along common walls.

All other side yards shall be a minimum of five feet on one side of the lot, with a combined total of two side yards on the lot equaling not less than 20 feet, provided that, in every case, the total distance between proposed structures on adjacent lots shall be not less than 20 feet.

Any and all accessory structure(s) on a lot shall be not be closer than five feet to a property line.

10.

Buffer areas.

Buffer Area A, as defined in § 27-1402, Subsection A of this chapter, shall be provided along all property lines on the perimeter of a planned residential development site adjoining an A-1, A-2, R-1-V or R-2 District.

Buffer Area B, as defined in § 27-1402, Subsection A of this chapter, shall be provided along all other property lines on the perimeter of a planned residential development.

Buffer Area C, as defined in § 27-1402, Subsection A of this chapter shall be required along all property lines within the PRD site that separate single-family dwellings in the PRD from two-family, triplex, quadruplex, townhouse or garden apartment dwellings. Where these units are separated by a public or private street right-of-way, a buffer area shall not be required.

All buffer areas shall be incorporated in the common open space and shall not be permitted to be part of any individual lot in the planned residential development.

11.

Modifications to otherwise applicable zoning and subdivision regulations.

The design and construction standards of the Township Subdivision and Land Development Ordinance shall apply to all public and private improvements proposed in a planned residential development, unless a waiver or modification is granted by the Board of Supervisors in accordance with the procedure for granting waivers and modifications specified in the Township Subdivision and Land Development Ordinance.[2]

[2]

Editor's Note: See Ch. 22, Subdivision and Land Development.

All requests for modification shall be in writing and shall accompany and be a part of the application for tentative and final approval. Such written request 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 is based and the minimum modification necessary to relieve the hardship.

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 Part.

§ 27-1203 Access and Availability of Public Services.

[Ord. No. 376, 7/24/2018]

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 site proposed for a planned residential development shall have a minimum of two means of ingress and egress from the existing street network. Cul-de-sacs shall not exceed 1,200 feet in length; quadruplexes, if present, shall, to the greatest extent possible, be located at intersections to take advantage of lot and road configurations.

Traffic Impact Study. The developer shall submit a traffic impact study prepared in accordance with the requirements specified in the definition of "traffic impact study" in § 27-201 of this chapter. The traffic impact study shall identify the traffic impact of the proposed planned residential development and the recommendations to mitigate those impacts, as warranted. 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.

Sidewalks. Sidewalks shall be provided on at least one side of every street in the planned residential development. Sidewalks shall be constructed in accordance with the requirements of the Township Subdivision and Land Development Ordinance and Construction Specifications. Within PRD A, sidewalks may be constructed within common open space rather than within the public right-of-way.

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.

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 stormwater management regulations contained in the Township Subdivision and Land Development Ordinance.

§ 27-1204 Common Open Space.

[Ord. No. 376, 7/24/2018]

Areas required.

Common open space shall comprise at least 20% of the total gross site area of the PRD.

Of the required open space area, not more than 50% may be covered by water. Stormwater management facilities may be included in the common open space but shall not be considered to be areas covered by water.

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.

No more than 50% of the required open space area shall be in excess of a 25% slope.

To the extent feasible, steep slopes, streams, lakes, ponds, woodlands and other environmentally sensitive areas shall be incorporated into the common open space.

Required buffer areas shall be included in the common open space and shall be maintained in perpetuity by the organization created to own and maintain the common open space. Restrictive covenants and/or provisions in the organization's bylaws shall specify this responsibility.

At least 40% of the minimum required common open space (that is 20% of the gross site area) shall be suitable for active recreation and shall have slopes of 15% or less. This common open space shall be located on a portion of the site that is easily accessible by pedestrians. The actual amount of this common open space that is developed for active recreation shall be subject to approval by the Township in accordance with the provisions of § 27-1202, Subsection 4. If the developer proposes to reserve common open space in excess of the minimum required 20% of the gross site area, this Subsection G shall not apply to the common open space in excess of the minimum requirement.

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. Said covenants shall restrict the further subdivision of the common open space. 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 by an organization established for such purposes. No such instrument shall be acceptable until approved by the Board of Supervisors 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 create an organization or trust for ownership and maintenance of the common open space and common facilities.

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.

§ 27-1205 Administration and Procedures.

[Ord. No. 376, 7/24/2018]

The planned residential development provisions of this chapter shall be administered by the Board of Supervisors. The Planning Commission shall review all applications on the basis of the standards specified in this Part and make a recommendation to the Board of Supervisors. The Board of Supervisors shall conduct the public hearings required by the Pennsylvania Municipalities Planning Code and shall have the final authority to approve, approve with conditions or disapprove a planned residential development.

Pre-application conference.

(1)

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.

(2)

In addition, the developer 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 or his or her designated representative at least five calendar days prior to the regular meeting of the Planning Commission to request a pre-application conference with the Planning Commission.

(3)

The pre-application conference with the Planning Commission is voluntary, and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.

(4)

While no formal application is required for a pre-application conference, the applicant should provide one copy of readily available information with the request for a pre-application conference, which shows the location of the property and any special features such as streams, floodplains or other conditions that may affect the development of the property. Readily available resources that may be used include the deed for the property, a property survey, the tax parcel maps prepared by the Washington 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.

(5)

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 adopted between the pre-application conference and the official date of filing of an application for tentative approval of a planned residential development that may affect the proposed development under the terms of this chapter.

Application for Tentative Approval. At least 20 calendar days prior to the regular meeting of the Planning Commission, two 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. Following initial review and receipt of comments provided by the Township in accordance with § 27-1205C, the applicant shall submit seven copies of the application for review at the next regular monthly meeting of the Planning Commission.

(1)

A legal description of the total tract proposed for development, including a statement of present and proposed ownership.

(2)

A written statement of planning objectives to be achieved by the planned residential development through the particular approach proposed by the developer. The statement shall include a description of the character of the proposed development and its relationship to the immediate area in which it is to be located.

(3)

A written statement setting forth the reasons why the proposed planned residential development would be in the public interest and would be consistent with the Township's Comprehensive Plan.

(4)

A written statement of the requested modifications to the Township Zoning Ordinance and Subdivision and Land Development Ordinance otherwise applicable to the property, if any.

(5)

Evidence, in the form of a transmittal letter, that the application has been submitted to the Washington County Planning Commission for review, subject to payment of the required fee.

(6)

A location map that clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.

(7)

A traffic impact study, as defined in § 27-201 of this chapter.

(8)

A development plan, prepared at a scale no smaller than one inch equals 50 feet, showing the following information:

(a)

Existing contours at intervals of five feet; watercourses; floodplains; wetlands; woodlands; soils; steep slopes; and other natural features.

(b)

Proposed lot lines and subdivision plat, if any.

(c)

The location of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units and dwelling unit density. Preliminary elevations and architectural renderings shall be provided.

(d)

The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as common open space.

(e)

A tabulation of zoning requirements, including density calculation, setbacks, distance between buildings, percentage of open space and other applicable requirements.

(f)

The existing and proposed vehicular circulation system of local and collector streets, including off-street parking areas required by § 27-1502, service areas, loading areas and major points of access from the planned residential development to public rights-of-way.

(g)

The existing and proposed pedestrian circulation system, showing, at a minimum, sidewalks on one side of each street, including its interrelationship with the vehicular circulation system and proposed treatment for any points of conflict between the two systems.

(h)

A street lighting plan, as required by the Township Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

(i)

The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.

(j)

Subsurface conditions, including slope stability.

(k)

A minimum of three cross-sections showing existing and proposed contours and their relationship to proposed buildings, structures, highways, streets, parking areas, walkways and existing woodlands.

(l)

A general landscaping plan indicating the treatment and materials proposed to be used in buffer areas and common areas on the site.

(m)

Evidence of compliance with the environmental performance standards of § 27-1401 of this chapter.

(n)

Information required by the Township Subdivision and Land Development Ordinance, including application filing and application review fees.

(9)

In the case of development plans that call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.

Review of application.

(1)

The Zoning Officer or his or her designated representative 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, another application filing fee shall not be required. Any application submitted after 60 days shall be considered a new application and shall be accompanied by the required application filing fee.

(2)

If the Zoning Officer determines that the application is complete and properly filed, the date that the application is first reviewed by the Planning Commission at its next regular meeting shall constitute the official date of filing. Within five days of receipt of a complete and properly filed application, the Zoning Officer shall refer the application to the Township Engineer for review and comment. The Township Engineer's comments shall be provided to the applicant. If revisions are required, the applicant shall submit seven copies of the revised application for consideration at the next regular meeting of the Planning Commission.

(3)

If, during review by the Planning Commission, the applicant revises the application to address comments from the Planning Commission or to demonstrate compliance with this chapter, a new application shall not be required. If, during review by the Planning Commission, the applicant initiates substantive revisions to the application 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 that shall be subject to the payment of the required application filing fee.

(4)

The Planning Commission shall forward a written recommendation on the application for tentative approval to the Board of Supervisors in time for the Board of Supervisors public hearing (See § 27-1205D).

Public Hearing.

(1)

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 Supervisors. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice, by first-class mail, to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the notices shall be paid by the applicant.

(2)

The public hearing shall be conducted in the manner prescribed in Article IX of the Pennsylvania Municipalities Planning Code, and all references to the "Zoning Hearing Board" in Article IX shall apply to the Board of Supervisors. The public hearing or hearings shall be concluded within 60 days of the first hearing.

(3)

The Township may offer mediation as an aid in completing these proceedings, provided that, in exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 27-1809.

Tentative approval.

(1)

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 Supervisors shall, by Official written communication, either:

(a)

Grant tentative approval of the development plan as submitted;

(b)

Grant tentative approval of the development plan, subject to specified conditions not included in the development plan as submitted; or

(c)

Deny tentative approval.

(2)

Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the Official written communication of the Board of Supervisors, notify the Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event that the land-owner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

§ 27-1206 Criteria for Tentative Approval.

[Ord. No. 376, 7/24/2018]

The Board of Supervisors shall grant tentative approval if, and only if, all applicable requirements of this Part are met and all of the following criteria are met.

The proposed application for tentative approval complies with all standards, restrictions, criteria, requirements, regulations and procedures of this Part; preserves the community development objectives of this chapter; and is found by the Board of Supervisors to be compatible with the public interest and consistent with the Township's Comprehensive Plan.

Where the proposed application for tentative approval provides standards that vary from this chapter and the Township Subdivision and Land Development Ordinance[1] 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.

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

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.

The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.

The proposed development plan is beneficially related to the immediate area in which it is proposed to be located.

The proposed development plan will accord adequate protection of natural watercourses, wetlands, topsoil, woodlands, steep slopes and other natural features and will prevent erosion, landslides, siltation and flooding.

In the case of a development plan that proposes development over a period of years, the terms and conditions thereof are sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the final development plan.

§ 27-1207 Application for Final Approval.

[Ord. No. 376, 7/24/2018]

After the development plan is granted tentative approval by the Board of Supervisors, the developer shall submit seven copies of the application for final approval at least 20 calendar days prior to the regular meeting of the Planning Commission. The final application shall consist of detailed plans for any phase or section of the development plan. No building permit shall be issued until final approval has been granted by the Board of Supervisors for the phase or section in which the proposed development is located. Final approval for any phase or section shall expire if construction is not initiated for the phase or section within one year of the date of final approval of the phase or section by the Board of Supervisors.

Review of Application.

(1)

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.

(2)

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 or his or her designated representative shall refer the application to the Township Planning Commission for review and recommendation.

(3)

The applicant shall submit the application to the Washington County Planning Commission for review and comment, subject to payment of the required fee.

(4)

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 Supervisors.

(5)

A public hearing on an application for final approval shall not be required, provided that the development plan is in compliance with the development plan given tentative approval and with any specified conditions attached thereto.

Action by Board of Supervisors. In the event that an application for final approval has been filed, together with all drawings, specifications and other documentation in support thereof, in accordance with the requirements of this chapter and the official written communication granting tentative approval, the Board of Supervisors shall, within 45 days of the official date of filing, grant final approval to the development plan.

Variations from the Plan Granted Tentative Approval.

(1)

In the event that the development plan submitted contains variations from the development plan granted tentative approval, the Board of Supervisors may refuse to grant final approval and may, within 45 days of the official date of filing of the application for final approval, advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either:

(a)

Refile the application for final approval without the variations objected; or

(b)

File a written request with the Board of Supervisors that it hold a public hearing on the application for final approval.

(2)

If the landowner wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan way not in substantial compliance.

(3)

If the landowner fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.

Public Hearing, if Applicable.

(1)

Any public hearing held on an application for final approval shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this 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 first class mail, to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the notices shall be paid by the applicant.

(2)

Within 30 days after the conclusion of the public hearing, the Board of Supervisors shall, by official written communication, either grant or deny final approval. The grant or denial of final approval of the development plan shall, in cases where a public hearing is required, be in the form and contain the findings required for an application for tentative approval.

Changes in the Approved Plan. Changes in the location and siting of buildings and structures deemed minor by the Board of Supervisors may be authorized without additional public hearings, if required by engineering or other circumstances not foreseen at the time of tentative approval. However, gross density and/or any increase in the total number of townhouses or garden apartments established at the time of tentative approval shall not be changed without a public hearing.

Application for Final Approval. The application for final approval shall comply with all applicable ordinance provisions and the development plan shall include, as a minimum, the following information:

(1)

All data required by the Township Subdivision and Land Development Ordinance[1] for a final plan, including application filing, application review, inspection fees and performance bond.

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

(2)

Accurately dimensioned locations for all proposed buildings, structures, parking areas and common open space.

(3)

The number of families to be housed in each residential building or structure and the intended use of each nonresidential building or structure.

(4)

Building elevation drawings for all principal structures, other than single-family dwellings.

(5)

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.

(6)

A landscaping plan, as defined by this chapter, including the location and types of plant materials, sidewalks, trails and recreation facilities authorized by this chapter.

(7)

Supplementary data, including any covenants, grants of easements or other restrictions to be imposed on the use of the land, building and structures and the organization proposed to own, maintain and operate the common open space facilities.

(8)

An engineering report that shall include the following data, wherever applicable:

(a)

Profiles, cross-sections and specifications for proposed public and private streets.

(b)

Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers.

(c)

Feasibility of the sanitary sewerage system in terms of capacity to serve the proposed development.

(9)

A grading plan prepared in compliance with the requirements of the Township Grading Ordinance.[2]

[2]

Editor's Note: See Ch. 9, Grading and Excavating.

(10)

Evidence that the applicant has submitted plans to the Washington County Conservation District for review and approval.

(11)

An erosion and sedimentation control plan that shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation. The plan shall include but not be limited to the following:

(a)

The topographic features of the site.

(b)

The types, depth, slope and extent of the soils by area.

(c)

The proposed alterations to the site.

(d)

The amount of runoff from the site area and the upstream watershed.

(e)

The staging of earthmoving activities.

(f)

Temporary control measures and facilities during earthmoving.

(g)

Permanent control measures and facilities for long-term protection.

(h)

A maintenance program for the control facilities, including disposal of materials removed from the control facilities or site area.

(12)

A stormwater management plan prepared in compliance with the requirements of the Township Stormwater Management Ordinance.[3]

[3]

Editor's Note: See Ch. 26, Water.

(13)

Performance bond and development agreement as required by the Township Subdivision and Land Development Ordinance.[4]

[4]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Recording. A final development plan, or any part thereof, that has been granted final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record in the office of the Washington County 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 for public and private improvements in the development plan.

Revocation of Final Approval. In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan, or section thereof, that has been finally approved, and shall so notify the Board of Supervisors, in writing, or in the event that the landowner shall fail to commence and carry out the planned residential development 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.