A "planned residential development" is an area of land, controlled
by a landowner, to be developed as a single entity for a number of
dwelling units, or combination of residential and nonresidential uses,
the development plan for which does not correspond in lot size, bulk,
type of dwelling, or use, density or intensity, lot coverage and required
common open space to the regulations established in any one zoning
district created, from time to time, under the provisions of this
article.
The purposes of the planned residential development (PRD) regulations
are to permit residential development which is more innovative than
is generally possible under conventional zoning district regulations
and subdivision requirements; to encourage greater variety in design
and layout of residential development; to encourage a more efficient
use of land and public services 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; to encourage walking and the use of
public transportation; to facilitate access to places of employment;
and to improve access to existing or future transit service.
A.
A planned residential development shall be permitted in the Office
Commercial Zoning District within the Borough, subject to the standards,
criteria, restrictions and procedures outlined in this article.
B.
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 in the Office Commercial Zoning District and the Borough's Subdivision and Land Development Ordinance, Chapter 300. To the extent this article references any other articles of this chapter or the Borough's Subdivision and Land Development Ordinance, and there is a conflict between this article and the referenced Article, the language in this article shall govern. 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 article.
A.
Minimum site size. The minimum site required for a planned residential
development shall be 10 contiguous acres. Public easements or rights-of-way
and public or private streets shall not be construed as an interruption
or division of the 10 continuous acres.
B.
Permitted uses.
(1)
The following uses shall be permitted in a planned residential
development:
(a)
Townhouse dwelling.
(b)
Cluster house dwelling.
(c)
Multistory cluster house dwelling.
(d)
High-rise apartment dwelling.
(e)
Accessory maintenance and/or storage facility.
(f)
Garage.
(g)
Parking structure.
(h)
Common open space and the recreational areas and facilities
permitted therein.
(i)
Any combination thereof of the above uses.
(2)
In addition to the above-listed uses permitted in a PRD, recreation
facilities designed for the use of the residents of the PRD shall
be permitted.
C.
Lot size. There shall be no minimum lot size, required yards, lot
width, or maximum coverage for lots, except as follows:
(1)
Townhouse if designed with yards.
(a)
Lot area. The lot area shall be a minimum of 1,800 square feet.
(b)
Lot width. The lot width shall be a minimum of 20 feet.
(c)
Lot depth. The lot depth shall be a minimum of 90 feet.
(d)
Front yard. There shall be a front yard having a depth of not
less than 15 feet from the curb line of a public or private street
to the townhouse structure. If there is a private garage which is
accessed by a private driveway, the front yard shall have a depth
of not less than 20 feet from the sidewalk to the private garage entrance
or, if there is not a sidewalk, the depth shall be measured from the
curb line. Additional appurtenances, including, but not limited to,
bay windows, porches, patios or portions of the roof, may extend into
the setback from the structure or garage not more than three feet.
(2)
Side yard. The requirements for side yards are as follows:
(a)
Interior lots. There shall be no side yard requirements.
(b)
End or corner lots. On corner lots, there shall be a side yard
not less than 20 feet wide adjoining the intersecting street, which
side yard can be reduced to 15 feet, provided that the lot to the
rear does face on such intersecting street. On end lots, a side yard
shall not be required.
(3)
Rear yard. There shall be a rear yard having a depth of not
less than 15 feet.
D.
Required buffer area.
(2)
To the greatest extent possible, the natural vegetation in any
required buffer areas shall remain untouched except for routine maintenance.
(3)
Any buffer area that is disturbed during construction or is
not adequately vegetated to provide reasonable screening shall be
a planted buffer area. Hiking, biking and/or exercise trails are permitted
in the buffer areas, provided they are not impervious to water.
(4)
The planted buffer area shall contain two rows of plantings.
Each row shall consist of a mixture of 30% deciduous and 70% evergreen
plantings spaced within the row a maximum of 15 feet apart, measured
from the vertical center lines of adjacent trees. The two rows shall
be staggered in a manner which shall result in adjacent trees or two
different rows being no more than 10 feet apart, measured from the
vertical center lines of the trees. Trees shall be no less than six
feet in height at the time of planting.
(5)
This § 420-152D shall not apply to any municipal boundary where the applicant, its successors and/or assigns own or control the parcel adjacent to the municipal boundary and the applicant intends to utilize the adjacent parcel for residential purposes connected with the proposed planned residential development.
E.
Building size and spacing. The following requirements shall apply
to all buildings within a planned residential development.
(1)
Maximum building height: 100 feet.
(a)
The height of any building erected or enlarged shall not exceed
100 feet, measured from the mean exterior ground elevation along the
perimeter of the building.
(b)
The height of the building shall be measured to the highest
point of the main roof. Only the following structures may be constructed
above the main roofline, and the same shall not be included in determining
the height of the building, provided that no material, supply or property
of any kind is stored therein or occupies any space therein:
[1]
Machinery rooms not exceeding 20 feet in height, containing
elevator machinery and/or other mechanical equipment;
[2]
Enclosed air-conditioning cooling towers;
[3]
Entrances to stairwells;
[4]
Chimneys not exceeding 20 feet in height;
[5]
Antennas not exceeding 20 feet in height; and
[6]
Cupolas, dormers, gables, steeples, ridgelines, hips, mansards
or any other protrusion, not exceeding 20 feet in height, provided
that this does not include any living space.
(2)
Maximum building length: 250 feet.
(3)
Minimum building spacing: 20 feet between buildings.
(4)
Minimum setback from any public street to the structure (not
a garage): 15 feet from the curbline.
(5)
Minimum setback from any public or private street to a driveway
leading toward a private garage: 20 feet from the sidewalk or, if
there is not a sidewalk, 20 feet from the curbline.
(6)
Minimum setback from any private street to the structure (not
a garage): 15 feet from the curbline.
(7)
Minimum setback from any PRD boundary line (nonresidential/residential):
50 feet.
(8)
Maximum length of a plane of the building front facade (this
requirement does not apply to high-rise apartment dwellings): The
length of one townhouse unit in a cluster house dwelling, or one dwelling
in a multistory cluster house dwelling, but in no event may the length
of a plane of a single townhouse or dwelling unit exceed 40 feet.
F.
Access. The site of a planned residential development shall have
frontage on and vehicular access to a public street either directly
or through a private easement which may not be less than 26 feet in
width. The projected traffic volumes associated with the proposed
PRD shall be capable of being accommodated by the adjacent street
network.
G.
Density. The site shall not have more than an average of 17 dwelling
units per acre. Where the site is bisected by a municipal boundary
line and the applicant controls adjacent parcels located in each municipality
and intends to use each adjacent parcel as part of the planned residential
development, the total gross density of the parcel located in the
Green Tree Borough shall not exceed the total of 17 dwelling units
times the total acres located in the Green Tree Borough.
A.
Each planned residential development shall provide the following
improvements.
(1)
Building design.
(a)
The front facade of any cluster house dwelling or multistory cluster house dwelling shall have a single plane no longer than the dimension specified in § 420-152E. The front facade shall have offsets, returns and recesses, so that no two adjacent townhouses or dwellings in the same cluster house dwelling or multistory cluster house dwelling have the same plane. The front building facade shall be designed with prominent or recessed entrances and prominent or recessed dwelling units or townhouses to create a facade that has a third dimension, gives an overall appearance of multiple dwelling units that share only a portion of a common wall, and does not create a flat or barn-like appearance. The use of bay or bow windows are encouraged, but the use of bay or bow windows along an otherwise flat front facade shall not satisfy the requirement for prominent or recessed offsets.
(b)
The roofline of any cluster house dwelling or multistory cluster house dwelling shall have dormers, protrusions, recesses, projections, peaks, gables and/or valleys that are consistent with § 420-153A(1)(a) so as to produce a front facade with the appearance of multiple townhouses or multiple units that do not share a common roofline.
(c)
The exterior design of any cluster house dwelling or multistory
cluster house dwelling shall have a common architectural theme. While
similar and compatible building materials shall be used on the exterior
surfaces of all buildings, including residential, recreational and
meeting buildings, the use of different but compatible exterior materials
are encouraged for each adjoining unit that is part of a cluster house
dwelling or multistory cluster house dwelling.
(2)
Site improvements. Site improvements, whether public or private, including, but not limited to, streets, storm and sanitary facilities, sidewalks, utilities, street signs, streetlights and other improvements, shall be installed in accordance with Article VI, Principles and Standards of Construction, and Article VII, Improvements, of Chapter 300, Subdivision and Land Development.
(3)
Parking. There shall be 1 1/2 off-street parking stalls per unit. The parking requirements set forth in Article IV of this chapter shall apply unless they are inconsistent with this article or otherwise specifically excepted. Specifically, § 420-38 as related to the number of required stalls per use; § 420-36, landscaping, buffering and screening areas; and § 420-38, off-street loading and unloading, shall not apply to this article. The general requirements regarding stall size and maneuvering aisles shall apply as set forth in § 420-38.
(4)
Common open space areas required. Within a planned residential
development, the following percentages of the total gross site area
shall be devoted to the specified uses indicated:
(a)
"Common open space" is a parcel of land or area of water, or
a combination of land and water, within a development site and designed
and intended for the use or enjoyment of the residents of the PRD,
not including streets, off-street parking areas, and decorative landscaping
adjacent to buildings. As used in this article, "common open space"
includes both natural common open space and usable common open space.
(b)
Natural common open space. A minimum of 15% of the total site
area shall be set aside and preserved for natural common open space.
Natural common open space shall be designated, maintained and provided
throughout and/or surrounding the PRD. An area designated, provided
or maintained for natural common open space shall be in its natural,
undisturbed condition or its maximum, restored undisturbed condition.
Where significant or unique natural amenities exist on the site, the
Borough Council shall have the authority to enforce and require the
preservation of such amenities as part of the required natural common
open space. These amenities may include, but are not limited to, natural
features, such as rock outcroppings, virgin timber, woodlands, ravines,
ponds, stream beds and stream valleys. Areas of land where underground
facilities and/or utilities are located, and the areas used for stormwater
retention ponds may be used for natural common open space. Hiking,
biking and exercise trails may be permitted in the natural common
open space, provided they are not impervious to water. This area may
include the required buffer areas as well as nonbuildable areas of
the site.
(c)
Usable common open space. A minimum of 20% of the total site area shall be set aside and preserved for usable common open space which shall be in addition to any area designated as natural common open space as required by § 420-153A(4)(b). The following uses may be located within the usable common open space: hiking, biking or exercise trails; golf course or putting green; picnic pavilions; tennis, paddle tennis, basketball, volleyball or other playing courts; swimming pool and related facilities; community building for meetings and social activities; and other active and passive recreational uses deemed consistent with the uses set forth in this section. The buffer areas may not be used in the calculation of the usable common open space. Not more than 1/2 of the area identified as usable common open space shall be used for items which are impervious to water.
(d)
The common open space shall be identified as parcels of land
in the development plan in order that their locations and areas can
be readily calculated and in order that these areas can be regulated
and maintained.
(e)
Upon the issuance of 65% of the total occupancy permits to be
issued for the development, the applicant shall commence construction
of the recreational areas and facilities to be located in the usable
common open space and at the same time post a bond with the Borough
to guarantee the completion of said recreational areas and facilities.
(f)
No more than 65% of the total site area shall be devoted to
residential use, which shall include buildings, streets, driveways,
parking areas, and private yards and courts which abut and serve residences.
(5)
Maintenance and protection of common open space.
(a)
Common open space in a planned residential development shall
be protected by adequate covenants running with the land or by conveyance
or dedication. However, it is not the intent of this section that
the Borough shall be required or mandated to accept any such dedication.
A PRD shall be approved subject to the submission of a legal instrument
or instruments setting forth a plan for the permanent care and maintenance
of such common open space and the recreational areas and facilities
located therein. No such instrument shall be acceptable until approved
by the Borough Council as to legal form and effect. In cases where
the Borough will not be accepting dedications of common open space
and the recreational areas and facilities located therein, the applicant
shall provide for an organization or trust for ownership and maintenance
of said common open space and the recreational areas and facilities
located therein.
[1]
In the event that the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the planned residential development fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, the municipality may serve written
notice upon such organization or upon the residents of the planned
residential development setting forth the manner in which the organization
has failed to maintain the common open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be corrected within 30 days thereof, and shall state the date and
place of a hearing thereon which shall be held within 14 days of the
notice. At such hearing the municipality may modify the terms of the
original notice as to the deficiencies and may give an extension of
time within which they shall be corrected.
(b)
If the deficiencies set forth in the original notice or in the
modifications thereof shall not be corrected within said 30 days or
any extension thereof, the municipality, in order to preserve the
taxable values of the properties within the planned residential development
and to prevent the common open space from becoming a public nuisance,
may enter upon said common open space and maintain the same for a
period of one year. Said maintenance by the municipality shall not
constitute a taking of said common open space, nor vest in the public
any rights to use the same.
(c)
Before the expiration of said year, the municipality shall,
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space, call a public
hearing upon notice to such organization, or to the residents of the
planned residential development, to be held by the governing body
or its designated agency, at which hearing such organization or the
residents of the planned residential development shall show cause
why such maintenance by the municipality shall not, at the option
of the municipality, continue for a succeeding year. If the governing
body, or its designated agency, shall determine that such organization
is ready and able to maintain said common open space in reasonable
condition, the municipality shall cease to maintain said common open
space at the end of said year. If the governing body or its designated
agency shall determine that such organization is not ready and able
to maintain said common open space in a reasonable condition, the
municipality may, in its discretion, continue to maintain said common
open space during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter.
(d)
The decision of the governing body or its designated agency
shall be subject to appeal to court in the same manner, and within
the same time limitation, as is provided for zoning appeals by this
act.
(e)
The cost of such maintenance by the municipality shall be assessed
ratably against the properties within the planned residential development
that have a right of enjoyment of the common open space and shall
become a lien on said properties. The municipality at the time of
entering upon said common open space for the purpose of maintenance
shall file a notice of lien in the office of the prothonotary of the
county, upon the properties affected by the lien within the planned
residential development. See 53 P.S. § 10705(f)(1) through
(6).
(6)
Trees and landscaping. Trees shall be provided every 50 feet
along the public or private streets. Trees shall be planted in nontraveled
areas of the street rights-of-way. Trees shall be readily available
and in accordance with the American Standard for Nursery Stock requirements.
(7)
Sidewalks. Sidewalks shall be installed on at least one side
of all streets within the planned residential development at a minimum
distance of four feet back from the rear edge of the curb of the street.
Sidewalks shall be constructed in accordance with the Borough's Standards
of Construction SC-4. Maintenance and repair of the sidewalks shall
be the responsibility of the developer or the entity created to own
and maintain in common open space.
(8)
Streetlights. Streetlights shall be installed in accordance with § 300-48 of the Subdivision and Land Development Ordinance. However, the applicant has the right to submit a lighting plan which shall include decorative lights, provided they are consistent with the architecture set forth in the development plan. The Borough shall approve the lighting plan as part of the final approval, provided it is compatible with the overall architecture scheme set forth in the development plan and does not increase costs for the Borough. However, approval of the plan shall not require nor mandate that the Borough assume any future maintenance costs for such lighting.
Prior to submitting an application for tentative approval, the
applicant shall demonstrate ownership of all land within the proposed
site of the PRD or the legal right to act on behalf of any other landowner
within the PRD. Legal or equitable ownership also shall be demonstrated
coincident with approval of the final development plan.
A.
The PRD provisions of this article shall be administered by the Borough
Council. The Planning Commission shall review all applications on
the basis of the standards specified in this article and make a recommendation
to the Borough Council. The Borough Council shall conduct public hearings
as required by the MPC herein and shall have the authority to approve,
approve with conditions, or disapprove a PRD.
B.
Preapplication conference. An applicant may confer with the Zoning
Officer to schedule a preapplication conference. Upon written request
of the applicant, the Zoning Officer shall schedule a preapplication
conference. The conference may include such members or designated
representatives as each party may request.
C.
Application for tentative approval.
(1)
Twelve copies of an application for tentative approval of the
development plan for a planned residential development shall be submitted
to the Planning Commission along with payment of the application fee
as prescribed by Council.
(2)
The application, at a minimum, shall contain the following information:
(a)
The location, size and topography of the site and the nature
of the applicant's interest in the land proposed to be developed;
(b)
The density of land use to be allocated to parts of the site
to be developed;
(c)
The location and size of the common open space and the form
of organization proposed to own and maintain the common open space;
(d)
The use and the approximate height, bulk and location of buildings
and other structures;
(e)
The feasibility of proposals for water supply and the disposition
of sanitary waste and stormwater;
(f)
The substance of covenants, grants of easements, or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities;
(g)
The provisions for parking of vehicles and the location and
width of proposed streets and public ways;
(h)
The required modifications in the municipal land use regulations
otherwise applicable to the subject property;
(i)
The feasibility of proposals for energy conservation and the
effective utilization of renewable energy sources; and
(j)
In the case of development plans which call for development
over a period of years, a schedule showing the proposed times within
which applications for final approval of all sections of the planned
residential development are intended to be filed. This schedule must
be updated annually, on the anniversary of its approval, until the
development is completed and accepted.
(3)
The application for tentative approval of a planned residential
development shall include a written statement by the applicant setting
forth the reasons why, in his opinion, a planned residential development
would be in the public interest and would be consistent with the Comprehensive
Plan for the development of the Borough.
Within 60 days following the submission of an application for
tentative approval of a PRD which contains all of the required documentation,
a public hearing pursuant to public notice shall be held by the Borough
Council. At least 14 days prior to the hearing, the Zoning Officer
shall mail a copy of the notice by mail to each landowner within 300
feet of the entire perimeter of the property, including those located
across a street right-of-way. Additionally, the notice of the hearing
shall be posted conspicuously along the property in accordance with
Chapter IX, § 908, of the Municipalities Planning Code.[1] The cost of mailing the notices shall be paid by the applicant.
The public hearing shall be conducted in the manner prescribed in
§ 908, and all references to the Zoning Hearing Board in
§ 908 shall apply to the Borough Council.
[1]
Editor's Note: See 53 P.S. § 10908.
A.
Within 60 days following the conclusion of the public hearing, or
within 180 days after the date of filing of the application for tentative
approval, whichever occurs first, the Borough Council shall, by official
written communication, either:
B.
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 applicant may, within 30 days after receiving a copy of the official
written communication of the Borough Council, notify the Borough Council
of its refusal to accept all said conditions, in which case, the Borough
Council 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 Borough Council of his refusal to accept all said conditions,
tentative approval of the development plan, with all said conditions,
shall stand as granted.
C.
The grant or denial of tentative approval by official written communication
shall include not only conclusions of law but also findings of fact
related to the specific proposal and shall set forth the reasons for
the grant, with or without conditions, or for the denial, and said
communication shall set forth with particularity in what respects
the development plan would or would not be in the public interest,
including, but not limited to, findings of fact and conclusions on
the following:
(1)
In those respects, in which the development plan is or is not
consistent with the Comprehensive Plan for the development of the
municipality;
(2)
The extent to which the development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including, but not limited to, density, bulk and use, and the reasons
why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location and amount of the common open space in
the planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential development;
(4)
The physical design of the development plan and the manner in
which said design does or does not make adequate provisions for public
services, provide adequate control over vehicular traffic, and further
the amenities of light and air, recreation, and visual enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
(6)
In the case of a development plan which proposes development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interests of the public and of the residents
of the planned residential development in the integrity of the development
plan.
D.
In the event a development plan is granted tentative approval, with
or without conditions, the governing body may set forth in the official
written communication the time within which an application for final
approval of the development plan shall be filed or, in the case of
a development plan which provides for development over a period of
years, the periods of time within which applications for final approval
of each part thereof shall be filed. Except upon the consent of the
applicant, the time so established between grant of tentative approval
and an application for final approval shall not be less than three
months and, in the case of developments over a period of years, the
time between applications for final approval of each part of a development
plan shall not be less than 12 months.
A.
The official written communication provided for in this article shall
be certified by the Borough Manager and shall be filed in his office,
and a certified copy shall be mailed to the applicant. Where tentative
approval has been granted, it shall be deemed an amendment to the
Official Zoning District Map, effective upon final approval, and shall
be noted on the Official Zoning District Map.
B.
Tentative approval of a development plan shall not qualify a plat
of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted, or which
has been given tentative approval with conditions which have been
accepted by the applicant (and provided that the applicant has not
defaulted nor violated any of the conditions of the tentative approval),
shall not be modified or revoked nor otherwise impaired by action
of the Borough pending an application or applications for final approval,
without the consent of the applicant, provided an application or applications
for final approval is filed or, in the case of development over a
period of years, provided applications are filed, within the periods
of time specified in the official written communication granting tentative
approval.
C.
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the applicant shall elect
to abandon said development plan and shall so notify the governing
body in writing, or in the event the applicant shall fail to file
application or applications for final approval within the required
period of time or times, as the case may be, the tentative approval
shall be deemed to be revoked, and all that portion of the area included
in the development plan for which final approval has not been given
shall be subject to those local Zoning Codes otherwise applicable
thereto, as they may be amended from time to time, and the same shall
be noted on the Official Zoning District Map and in the records of
the Borough Manager.
A.
After the development plan is granted tentative approval by the Borough
Council, the applicant shall submit the application for final approval,
which shall consist of detailed plans for all land included in the
development or, to the extent set forth in the tentative approval,
for a section thereof. A public hearing on an application for final
approval of the development plan, or a part thereof, shall not be
required provided the development plan, or the part thereof, submitted
for final approval is in compliance with the development plan theretofore
given tentative approval and with any specified conditions attached
thereto. No building permit shall be issued until final approval has
been granted by Borough Council to the submitted application.
B.
Final approval of development plan; variations from tentatively approved
plan.
(1)
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 article
and the official written communication of tentative approval, the
Borough Council shall, within 45 days from the date of the regular
meeting of the Borough Council or the Planning Commission, whichever
first reviews the application next following the date the application
is filed, grant final approval to the development plan; provided,
however, that should the next regular meeting occur more than 30 days
following the filing of the application, the forty-five-day period
shall be measured from the 30th day following the day the application
has been filed.
(2)
Procedure when variations are made.
(a)
In the event that the final development plan as submitted contains
variations from the development plan granted tentative approval, the
Borough Council may refuse to grant final approval and shall, within
45 days from the date of the regular meeting of the Borough Council
or the Planning Commission, whichever first reviews the application
next following the date the application is filed, so advise the applicant
in writing of said refusal, setting forth in the notice the reasons
why one or more of said variations are not in the public interest;
provided, however, that should the next regular meeting occur more
than 30 days following the filing of the application, the forty-five-day
period shall be measured from the 30th day following the day the application
has been filed. In the event of such refusal, the applicant may either:
(b)
If the applicant 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
applicant was advised that the development plan was not in substantial
compliance. If the applicant fails to take either of these alternate
actions within said time, he shall be deemed to have abandoned the
development plan.
(c)
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 applicant, and the hearing shall be
advertised and conducted in the manner prescribed in this article
for public hearings on an application for tentative approval.
(3)
Within 30 days after the conclusion of the public hearing, if any, the Borough Council shall, by official written communication, either grant or deny final approval to the development plan. 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 as set forth in § 420-157C. Failure of the governing body or agency 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 section 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 of presentation of communication shall have like effect.
C.
Changes, including, but not limited to, changes in the location and
placement of buildings and structures deemed minor by the Borough
Council, may be authorized without additional public hearings if required
by engineering after tentative approval or caused by other reasons
or circumstances not foreseen at the time of tentative approval. However,
density established at the time of tentative approval shall not be
changed without a public hearing.
D.
The application for final approval shall comply with all applicable
provisions of this article, and the development plan shall include,
at a minimum, the following:
(1)
Payment of the application fee as prescribed by Council.
(2)
All data required by the MPC, as may be amended subsequently, and any information required by this article or any other referenced sections of the Borough's Planning and Zoning Code. Note: The Planning and Zoning Code consists of Chapter 84, Planning Commission; Chapter 300, Subdivision and Land Development; and Chapter 420, Zoning, of this Code.
(5)
A complete traffic impact study describing the impact of traffic
generated by the development on adjacent streets and intersections
and any mitigation action to be taken by the applicant if any mitigation
is needed. To the extent the proposed development encourages walking
and the use of public transportation, facilitates access to places
of employment, and improves access to existing or future transit service,
these factors shall be considered in any traffic study or report.
E.
A final development plan, or any part thereof, which has been granted
final approval shall be so certified without delay by the Borough
Council and shall be filed of record in the Allegheny County Department
of Real Estate before any development shall take place on the subject
site. Certification for recording shall be subject to posting of the
financial security required by the Borough's Subdivision and Land
Development Ordinance[1] for public and private improvements located within the
development.
F.
In the event that a development plan, or section thereof, is given
final approval and thereafter the applicant shall abandon such plan,
or section thereof, that has been finally approved, and shall so notify
the Borough Council, in writing, or, in the event that the applicant
shall fail to commence and carry out the planned residential development
in accordance with the time provisions stated in § 508 of
the MPC[2] after final approval has been granted, no development
or further development shall take place on the property included in
the development plan until after said property is reclassified by
enactment of an amendment to the Borough's Zoning Code.
[2]
Editor's Note: See 53 P.S. § 10508.
