[Ord. No. 376, 7/24/2018]
1. 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.
2. Each planned residential development should be designed to accomplish
the following:
A. Choices in the types of dwelling units and living environments.
B. Open space and recreation areas directly related to the intended
users.
C. A pattern of development that preserves trees, outstanding natural
topography and geological features and prevents soil erosion.
D. A creative approach to the use of land and related physical development.
E. An efficient use of land, resulting in efficient networks of utilities
and streets.
F. An environment of stable character in harmony with surrounding development
and public improvements.
G. A more desirable environment than would be possible through the strict
application of other parts of this chapter.
[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. 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. No. 376, 7/24/2018]
1. 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.
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. Legal, as well
as equitable, ownership shall be demonstrated coincident with approval
of the final development plan.
3. Dwelling units authorized.
A. Any of the following dwelling units may be included in a planned
residential development:
PRD A
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PRD B
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(1)
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Single-family dwelling.
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(1)
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Single-family dwelling.
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(2)
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Two-family dwelling.
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(2)
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Two-family dwelling.
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(3)
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Triplex.
|
(3)
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Quadruplex.
|
(4)
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Quadruplex.
|
|
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(5)
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Townhouse.
|
|
|
(6)
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Garden apartment.
|
|
|
B. All PRDs must have single-family dwellings comprising a minimum of
80% of the total dwelling unit mix.
C. 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.
4. Recreational and other common facilities for the residents.
A. 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.
B. 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 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.
5. Maximum dwelling unit density.
A. 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.
B. Dwelling unit density shall be calculated using the net acreage.
6. Minimum lot area.
A. In no case shall the minimum lot area required for any dwelling be
reduced to less than 10,890 square feet.
7. Maximum number of dwelling units.
A. To determine the maximum number of dwelling units allowed in a planned
residential development, perform the following calculation:
Step 1. Identify gross acreage
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_____Line 1
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Step 2. Calculate 20% of the gross acreage
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_____Line 2
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20% accounts for the minimum required percentage of open space.
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Step 3. Subtract Line 1 - Line 2
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_____Line 3
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Step 4. Identify acreage of remaining environmentally sensitive
resources not already accounted for in open space.
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_____Line 4
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Step 5. Identify proposed right-of-way acreage
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_____Line 5
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Step 6. Subtract Line 3 - (Line 4 + Line 5)
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_____Line 6
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Step 7. Multiply Line 6 by 4.0
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_____Line 7
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This result shall be the maximum number of units permissible
to be developed as part of the planned residential development.
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Step 8. Confirm gross density (= Line 7 / Line 1)
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_____Line 8
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Step 9. Confirm net density does not exceed what is permissible
in accordance with Subsection 5.1 (= Line 7/Line 6)
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_____Line 9
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8. 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.
9. Internal setbacks and distance between buildings.
A. 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.
B. 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.
C. 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.
D. Any and all accessory structure(s) on a lot shall be not be closer
than five feet to a property line.
10. Buffer areas.
A. 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.
B. 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.
C. 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.
D. 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.
A. 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.
B. 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.
C. 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.
[Ord. No. 376, 7/24/2018]
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 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.
2. 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.
3. 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.
4. 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.
5. 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.
[Ord. No. 376, 7/24/2018]
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. Stormwater management facilities may be included in the
common open space but shall not be considered to be areas 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. No more than 50% of the required open space area shall be in excess
of a 25% slope.
E. To the extent feasible, steep slopes, streams, lakes, ponds, woodlands
and other environmentally sensitive areas shall be incorporated into
the common open space.
F. 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.
G. 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.
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. 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.
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.
[Ord. No. 376, 7/24/2018]
1. 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.
A. 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.
B. 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.
(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.
C. 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).
D. 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.
E. 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
(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.
[Ord. No. 376, 7/24/2018]
1. 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.
A. 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.
B. 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.
C. The proposals for the maintenance and conservation of any proposed
common open space are reliable and meet the standards of this chapter,
and the amount and extent of improvements within the common open space
are appropriate with respect to the purpose, use and type of the residential
development proposed.
D. The physical design of the proposed development plan adequately provides
for public services, traffic facilities and parking, light, air, recreation
and visual enjoyment.
E. The proposed development plan is beneficially related to the immediate
area in which it is proposed to be located.
F. The proposed development plan will accord adequate protection of
natural watercourses, wetlands, topsoil, woodlands, steep slopes and
other natural features and will prevent erosion, landslides, siltation
and flooding.
G. In the case of a development plan that proposes development over
a period of years, the terms and conditions thereof are sufficient
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the final development
plan.
[Ord. No. 376, 7/24/2018]
1. After the development plan is granted tentative approval by the Board
of Supervisors, the developer shall submit seven copies of the application
for final approval at least 20 calendar days prior to the regular
meeting of the Planning Commission. The final application shall consist
of detailed plans for any phase or section of the development plan.
No building permit shall be issued until final approval has been granted
by the Board of Supervisors for the phase or section in which the
proposed development is located. Final approval for any phase or section
shall expire if construction is not initiated for the phase or section
within one year of the date of final approval of the phase or section
by the Board of Supervisors.
A. Review of Application.
(1)
The 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.
B. Action by Board of Supervisors. In the event that an application
for final approval has been filed, together with all drawings, specifications
and other documentation in support thereof, in accordance with the
requirements of this chapter and the official written communication
granting tentative approval, the Board of Supervisors shall, within
45 days of the official date of filing, grant final approval to the
development plan.
C. Variations from the Plan Granted Tentative Approval.
(1)
In the event that the development plan submitted contains variations
from the development plan granted tentative approval, the Board of
Supervisors may refuse to grant final approval and may, within 45
days of the official date of filing of the application for final approval,
advise the applicant, in writing, of said refusal, setting forth in
said notice the reasons why one or more of the variations are not
in the public interest. In the event of such refusal, the landowner
may either:
(a)
Refile the application for final approval without the variations
objected; or
(b)
File a written request with the Board of Supervisors that it
hold a public hearing on the application for final approval.
(2)
If the landowner wishes to take either alternate action, he
may do so at any time within which he shall be entitled to apply for
final approval, or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan 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.
D. 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.
E. Changes in the Approved Plan. Changes in the location and siting
of buildings and structures deemed minor by the Board of Supervisors
may be authorized without additional public hearings, if required
by engineering or other circumstances not foreseen at the time of
tentative approval. However, gross density and/or any increase in
the total number of townhouses or garden apartments established at
the time of tentative approval shall not be changed without a public
hearing.
F. Application for Final Approval. The application for final approval
shall comply with all applicable ordinance provisions and the development
plan shall include, as a minimum, the following information:
(1)
All data required by the Township Subdivision and Land Development
Ordinance for a final plan, including application filing, application
review, inspection fees and performance bond.
(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.
(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.
(13)
Performance bond and development agreement as required by the
Township Subdivision and Land Development Ordinance.
G. Recording. A final development plan, or any part thereof, that has
been granted final approval shall be so certified without delay by
the Board of Supervisors and shall be filed of record in the office
of the 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.
H. Revocation of Final Approval. In the event that a development plan,
or section thereof, is given final approval and thereafter the landowner
shall abandon such plan, or section thereof, that has been finally
approved, and shall so notify the Board of Supervisors, in writing,
or in the event that the landowner shall fail to commence and carry
out the planned residential development 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.