[Ord. No. 477, 5/11/2021]
1.
Purpose. The purpose of the PNRD is to:
A.
Provide landowners and/or developers with an alternative development
approval process that promotes flexibility in the mixture of land
uses, lot design, and building arrangement not afforded by conventional
lot development.
B.
Permit a more varied, innovative, and efficient development pattern
without undue delay in the approval process.
C.
Encourage the conservation of unique and environmentally sensitive
resources and site features.
D.
Enable the efficient and cost effective provision of community facilities,
including sanitary sewer and water services, roadway improvements,
and recreational areas.
E.
Retain and protect open space areas within nonresidential developments.
F.
Define a procedure to relate the type, design, and layout of nonresidential
development to the characteristics of a particular lot.
2.
Procedures.
A.
A PNRD is a development alternative available to landowners and/or
developers. A PNRD is voluntary and not required. If a landowner and/or
developer chooses to apply for a PNRD, all development standards and
procedures shall comply with the provisions defined by this section.
B.
No PNRD may be approved or recorded, no lot shall be sold nor any
building or structure shall be built, altered, moved, or enlarged
in any PNRD unless and until a development plan has been approved
and recorded and until the improvements required in connection therein
have either been constructed or guaranteed as herein provided.
C.
If the provisions of this section are inconsistent with other provisions
of this chapter, the provisions of this section shall apply.
3.
Standards and Conditions for PNRD.
5.
Common Open Space Reservation.
A.
The amount of common open space required as part of a PNRD shall
be a minimum of 20% of the gross lot area.
B.
The common open space shall be dedicated or otherwise preserved and
maintained so as to always remain open and available for use by the
occupants of the development area.
C.
Common open space areas shall not include roadways or parking areas
but may include areas devoted to stormwater management areas.
D.
The landowner and/or developer shall provide open space in a contiguous
area or series of contiguous areas, to the greatest extent possible.
6.
Method of Ownership for Common Open Space.
A.
The land and facilities to be used for common open space shall be
implemented in accordance with either of the two methods set forth
below, or a combination of the two, as determined by the Board of
Supervisors:
(1)
The land and/or facilities shall be conveyed to an organization
established for the ownership and maintenance of the common open space.
(2)
The land and/or facilities shall be dedicated for public use
to the Township and a dedication covenant shall be recorded in the
Allegheny County Department of Real Estate.
B.
The organization shall covenant to operate and maintain the land
and facilities as common open space; such organization shall not be
dissolved nor shall it dispose of the common open space, by sale or
otherwise (except to an organization conceived and established to
own and maintain the common open space), without first offering to
dedicate the same to the Township.
C.
The Township shall not be obligated to accept the dedication of the
common open space or any portion thereof, where the Board of Supervisors
determines that such dedication is not in the interest of the Township.
7.
Common Open Space Standards.
A.
At least 25% of the required common open space shall be located on
slopes between 0% and 15%.
B.
Common open space shall be directly accessible to the largest practicable
number of lots within an open space development. To achieve this,
one side of each lot created as part of the development, to the maximum
extent practicable, shall abut common open space in order to provide
direct views and access. Safe and convenient pedestrian access to
the open space from all lots not abutting the open space shall be
provided.
C.
The shape of the open space areas shall be coherently configured
and, where possible, abut existing or potential open space on adjacent
lots. 75% of the total required acreage of open space shall be contiguous.
Streets shall not create noncontiguous space.
D.
Stormwater management areas shall be permitted to be included within
the calculation of open space but shall not exceed 35% of the total
open space required for the development.
8.
Failure to Maintain Common Open Space. In the event that the organization
or any successor organization established to own and maintain the
common open space shall at any time fail to maintain the same in accordance
with the development plan and in reasonable order and condition, the
Township shall have the right to maintain the same and assess the
cost of such maintenance on a pro rata basis and as a lien against
the lots within the PNRD that have the right to the enjoyment of the
common open space, pursuant to the authority and in accordance with
the procedures and requirements contained in this chapter.
9.
Design Standard Modifications.
A.
Development of any PNRD shall comply with all applicable design standards
contained in this chapter, the SALDO,[1] and the Township Construction Standards (Chapter 5, Part 4),[2] except as provided below. If the provisions of this section
are inconsistent with other provisions of this chapter, the provisions
of this section shall apply.
B.
In granting tentative and/or final land development plan approval
for any PNRD, the Township may waive applicability of any provisions
of the SALDO[3] which may be in conflict with the purposes of this section
in the context of any specific application.
C.
As condition(s) of tentative and/or final land development plan approval,
the Township may provide for variation and/or waiver of specific design
standards established in the SALDO[4] and as provided in Subsection 9C(1), (2) and (3) below. The applicant requesting variation in design standards shall submit drawings, models or plans to demonstrate the purpose and potential impact of the request, including alternatives if specified by the Township. The applicant wishing to have any design standard varied shall bear the burden of proof in justifying the appropriateness of such variation. The applicant may be required to post bond to insure compliance with the decision and any conditions imposed by the Township.
(1)
Curbs. Curbs are used to channel water to storm sewers, protect
pavement edges, and keep vehicles off of grass. In certain cases,
however, natural drainage should be encouraged. Where topography and
soils permit, roadside swales may be substituted for curbs, provided
that the alternate design:
(2)
ROW. The ROW width is intended to provide enough land to accommodate
roadways, including potential future widening, sidewalks, and necessary
grading and utilities.
10.
Buildings, Landscaping, Signs, and Parking and Loading Regulations.
A.
All buildings or structures within a PNRD shall be set back from
a lot line, public ROW or private ROW in accordance with this section.
B.
All portions of the development plan pertaining to landscaping, signs,
parking and loading shall conform to the regulations of this chapter.
C.
No parking area shall be closer than 15 feet from a principal building
nor shall any parking encroach within the PNRD's common open space.
F.
All sidewalks, lighting and stormwater management facilities shall
be designed in accordance with the requirements of the SALDO.[6] All PNRDs shall provide for adequate numbers and spacing
of firesafety improvements or equipment as required by the Board of
Supervisors.
G.
Buildings shall be earth tone in color and blend with the surrounding
community.
11.
Vehicular and Pedestrian Access. Principal vehicular access to the
PNRD shall be at a minimum of two points along collector and/or arterial
streets and roadways capable of supporting existing traffic volumes
as well as the traffic volumes expected to be generated by the PNRD.
Points of access shall be a minimum of 150 feet on center. Access
points shall be designed to provide smooth traffic flow, controlled
turning movements and minimum hazard to vehicular and pedestrian traffic.
Merging and turnout lanes and traffic dividers shall be provided where
existing or anticipated heavy flows of traffic indicate such needs.
Streets and roadways within the PNRD shall be designed in such a manner
as to discourage use of minor streets as through streets.
12.
Walkways.
A.
Sidewalks and crosswalks shall be located and constructed in accordance
with an overall pedestrian pathway system. The system shall include
a combination of sidewalks, pathways and trails that provide reasonable
access to surrounding neighborhoods, recreation, shopping, or other
destinations within and adjacent to the PNRD.
C.
In addition, sidewalks or pathways shall be located within the common
open space, and such sidewalks and pathways shall form a logical,
safe and convenient network of pedestrian facilities within the development
and shall connect to adjacent parcels. These sidewalks and pathways
shall be located so as to minimize conflict with streets and roadways
and crosswalks. All sidewalks and pathways shall be constructed of
an all-weather, durable hard surface approved by the Township Engineer,
and shall be illuminated by pedestrian path lighting.
D.
The landowner and/or developer shall be responsible for maintenance
of the sidewalks within the PNRD. A pedestrian system maintenance
program and standards shall be submitted at the time of the application
for tentative and final approval.
13.
Streets and Roadways.
A.
Upon dedication by the developer of the streets or roads to the Township,
the Township agrees to maintain the streets and roads dedicated to
the Township.
14.
Screening and Setbacks. If topographic or other natural barriers
are not sufficient to assure the privacy of the PNRD and abutting
residential uses, the following requirements shall be imposed at all
points where buildings, structures or parking areas area located within
100 feet of a PNRD's perimeter lot line.
A.
Buildings and structures must be set back a minimum of 50 feet from
the rear lot line and 25 feet from a side lot line.
B.
The perimeter of a PNRD shall be screened in accordance with the Bufferyard requirements defined by § 27-306. No fences or walls inconsistent with the Township ordinances in effect with regard to such structures shall be permitted.
C.
The minimum building spacing shall be 30 feet and shall be designed
to accommodate an emergency access drive that is a minimum of 12 feet
wide. The emergency access drive should be constructed, at a minimum,
as stabilized lawn or turf.
15.
Utilities shall be provided underground to the greatest extent possible.
16.
Pedestrian Amenities.
A.
Easily accessible seating is intended to provide a needed street
furnishing for rest and relaxation.
B.
In PNRDs, benches, which shall be black in color, shall be installed
and maintained on a hardscape surface with minimal slope in the following
locations:
C.
Waste receptacles shall be installed and shall be black in color.
D.
Attractive street furnishings shall be installed that provide needed
repositories for trash along sidewalks and in public spaces.
E.
Typical waste receptacles shall be installed, anchored, and serviced
at street intersections, at pedestrian pockets and plazas, and at
300-foot intervals along streets.
17.
Pedestrian Gathering Areas. The following shall be provided within
a PNRD:
A.
A variety of "outdoor room" elements shall be combined and provided
to form the streetscape, including building facades, trees and shrubs,
decorative pavers, benches, civic art, waste receptacles, human-scaled
streetlights, fountains, sculptures, and the like.
B.
"Pedestrian pockets" shall be provided as gathering places by integrating
visible opportunities for pedestrians to rest and relax along the
streetscapes; for example, small plazas at street corners and neighborhood
gateway features that integrate seating areas. These spaces are to
be viable additions to the built environment (i.e., principal building
structures) that celebrate the public realm of the PNRD.
C.
Pedestrian pockets with benches, sitting walls, shade trees, landscaping
and lighting shall be installed and maintained on a minimum of one
street corner at all intersections and at midblock locations where
1,000 feet or more separates street intersections. The pedestrian
pockets shall be installed on areas of minimal slope, and all nonlandscaped
areas shall be constructed of hardscape materials.
D.
Plazas shall be installed in each PNRD that comprises 20 acres or
more of gross land area and be a minimum of 1,500 square feet with
unrestricted public access. Plazas shall include, at a minimum, outdoor
seating, a focal point (i.e., sculpture, art, fountain) and landscaping,
to include shade trees. Private outdoor dining areas adjacent to a
plaza should complement the plaza but cannot be used to reduce the
required minimum square footage.
E.
Public spaces and gathering places shall be maintained to provide
year-round attractiveness.
18.
Pedestrian Network Within the Site.
A.
Sidewalks shall be provided along the street frontage of all lots
in the PNRD master plan in accordance with the construction and design
requirements of the SALDO.[11] Sidewalks and trails shall otherwise be provided, constructed,
and designed in accordance with the SALDO.
B.
If, in addition, sidewalks or pedestrian trails are provided within
the PNRD master plan to provide access to or through common open space
or common facilities, then such sidewalks and pedestrian trails shall:
19.
Pedestrian Connections to Adjacent Parcels.
A.
Interconnected streets form the blocks of the PNRD which serve as
the backbone for development. Vehicular and pedestrian connectivity
shall be provided between the land use areas within the PNRD.
B.
Sidewalks, pathways, trails, and crosswalks shall be installed and
maintained throughout the PNRD in a manner consistent with the PNRD's
streetscape requirements. Buildings, lots, and neighborhoods within
the PNRD shall be linked through pedestrian and bicyclist connections.
C.
Traffic calming measures shall be employed in a manner consistent
with the Township Traffic Plan.
D.
Cul-de-sac streets over 1,000 feet in length shall include traffic
calming measures, such as chicanes, landscaped medians, or sidewalk
curb extensions/bulb-outs. One such traffic calming measure shall
be installed for each 1,000 feet of a street that ends in a cul-de-sac.
E.
Proposed development plans shall provide for two or more vehicular
access points to public streets and/or adjacent existing or proposed
development.
[Ord. No. 477, 5/11/2021]
1.
PNRDs shall be a permitted subject to the following express standards
and criteria:
A.
The proposed development plan complies with all applicable standards
and conditions of this chapter, preserves the community development
objectives of this chapter and is found by the Board of Supervisors
to be consistent with the Comprehensive Plan.
B.
Where the proposed development plan departs from the requirements
of this chapter and the SALDO[1] otherwise applicable to the subject lot, such departures
are in the public interest and promote the public's health, safety
and welfare.
C.
The proposed uses shown on the development plan are permitted in
one of the underlying zoning district(s) in the development plan area.
Where the use has a spacing requirement from similar uses or other
uses it may be waived in a PNRD.
D.
The proposals for the maintenance and conservation of any proposed
common open space, bufferyard and landscaping areas are reliable and
legally enforceable, and the amount and extent of improvements of
such open space and landscaping areas are adequate with respect to
the purpose, use, and type of development proposed.
E.
The physical design of the development plan adequately provides for
public services, traffic facilities and parking, light, air, recreation,
and visual enjoyment.
F.
The total environment of the development plan is harmonious and consistent
with the zoning district(s) in which it is located and with the surrounding
zoning districts.
G.
The grant or denial of development plan approval shall include findings
of fact related to the proposed development plan as may be submitted
for approval, and the reasons for the decisions shall be set forth
with particularity in what respect the proposed development plan would
or would not be in the public interest, including but not limited
to each of the above criteria.
2.
In evaluating the conditional use criteria, the applicant shall demonstrate,
and the Board of Supervisors shall consider the following additional
factors, where applicable:
A.
The degree to which development pursuant to a cohesive development
plan is expected to be superior to existing development in the zoning
district(s) under uncoordinated land development plans.
B.
The degree to which a declaration of covenants, conditions and restrictions
(CCR) document is created and recorded against the lot to govern development.
Examples of items that would be included in the CCR may include, but
not be limited to:
C.
If the PNRD area abuts a residential zoning district, the degree
that bufferyards are enhanced over the minimum required in this chapter.
D.
The extent of trip generation mitigation through TMA and TSM strategies.
E.
The degree to which sensitive existing conditions are protected.
F.
The degree that enforceable, rigorous, architectural and design standards
will create a development which will attract high quality uses and
jobs.
G.
The amount and nature of public facilities and right of way donated
to the Township or other public agency over and above what could legally
be required in a land development.
3.
The Board of Supervisors shall also consider the following criteria,
which shall be encouraged, but not required:
A.
The use of parking structures to minimize surface parking lots.
B.
The use of innovative stormwater management techniques, such as best
management practices (BMPs), ground water recharging, green roofs,
etc.
C.
The degree to which pedestrian circulation is proposed to interconnect
the lots within the development plan.
D.
The degree that the development plan may assist in attracting similar
uses to adjacent land.
E.
The degree to which the use of the lot will generate tax revenue
for the Township, particularly in areas if special taxing districts
(i.e., North Fayette Transportation District).
F.
The degree to which the development is expected to create new jobs.
G.
The degree to which mixed-use buildings and/or activities are incorporated
into the overall development plan.
4.
Residential use above the first/ground floor of any building may
be permitted in a development plan area when:
A.
The total square footage devoted to the residential use in the development
plan area does not exceed 25% of the total area encompassed by the
development plan.
B.
Adequate protections from noise, light, vibration, hours of operation,
truck and equipment traffic and surrounding residential uses are provided.
It is the intent of this subsection that residential uses are secondary
to the uses permitted in the zoning district(s) and such residential
use would be not subject to impacts that would not be acceptable in
residential zoning districts. The Board of Supervisors may require
that notice of this fact be made part of any recorded covenants for
the development planned area.
5.
The applicant shall submit an updated development plan each time
one of the following events occurs:
A.
The uses proposed in the development plan change in trip generation
character and impact such that more than 100 new peak hour trips would
be generated.
B.
The total development plan area devoted to bufferyards and landscaping is decreased by more than 5%. See Part 3 of this chapter for minimum bufferyard and landscaping requirements.
C.
The quantity of grading shown on the development plan grading plan
is increased by more than 5%.
D.
Any access point to an existing public street is moved or removed
to such an extent that in the opinion of the Township Traffic Engineer
a greater impact on abutting lots will result.
E.
The parcelization on the development plan is changed such that, in
the opinion of the Township Traffic Engineer, the street and circulation
system within the development plan area is inadequate to meet traffic
demands generated in the development plan area.
F.
Twenty-five percent of the development plan area by building square
footage is completed; provided, however, if no changes in use or parcel
sizes have occurred from the time of the last development plan approval,
the applicant shall so notify the Zoning Officer, in writing, and
the Zoning Officer may waive this requirement.
G.
Where a development plan is being updated and a lot has been developed
and has received a certificate of occupancy, only the outlines of
the lot need to be shown on the development plan with reference to
the land development plan as recorded in the Allegheny County Department
of Real Estate. For modifications other than those listed above, approval
of a land development for a lot within the development plan area serves
as a revision to the previously approved development plan as to that
lot.
[Ord. No. 477, 5/11/2021]
1.
The administration of the procedures for application and for approval
of a PNRD shall be vested in the Board of Supervisors. The Township
shall refer all tentative and final land development plans to the
Planning Commission for their review and recommendation.
A.
An application for tentative approval of a PNRD shall be filed by
the applicant with the Director of Community Development. Within 30
days of receipt of application for tentative approval, the Director
of Community Development shall indicate in written communication to
the applicant whether or not the application is deemed complete and,
if not, where deficient. If no written communication is provided within
said thirty-day period, the application shall be deemed complete for
purposes of initiating period within which a public hearing must be
held in accordance with their recommendations.
[Amended by Ord. No. 483, 7/13/2021]
B.
Within 10 days of receipt of an administratively complete application,
one copy of the application shall be submitted to the Township Engineer
and one copy shall be submitted to each member of the Planning Commission.
The Planning Commission shall review the application at a public meeting
and shall forward written recommendations to the Board of Supervisors
prior to the public hearing conducted by the Board of Supervisors
on the application. One copy of the application for tentative approval
shall be forward by the Planning Commission to the Board of Supervisors
with their recommendations.
C.
The application for tentative approval shall contain the following:
(1)
An overall development plan for the entire lot subject to PNRD
application, at a minimum scale of one inch equals 200 feet, indicating
the general layout and intended character of development areas and
open spaces, and the proposed locations of all public and private
ROWs, including streets, parking areas, water lines, sewage conveyance,
treatment and disposal facilities, stormwater management facilities,
etc.
(2)
Plan(s) at a scale of no less than one inch equaling 100 feet showing the significant natural and man-made features of the lot including streams, floodplains, wetlands, woodlands, topography, and soil types. Submitted plan(s) should be at the same scale as those submitted in accordance with Subsection 1C(4), below.
(3)
A plan depicting location and size of the lot and the nature
of the applicant's interest in the land proposed to be developed.
(4)
Plan(s) at a scale not less than one inch equaling 100 feet
and narrative documentation, as appropriate, depicting the following:
(a)
The density of each land use to be allocated to each part of
the
(b)
Site The location, size, and uses of the open space and the
form or organization proposed to own and maintain the open space.
(c)
The location, species, and size of required landscaping.
(d)
The use and approximate height, bulk, and location of buildings
and other structures.
(e)
The feasibility of proposed water supply and the disposition
of the 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 of grants for public utilities.
(g)
The provisions for parking of vehicles and the location and
width of proposed streets and public ways.
(h)
Any other required items for submission as defined in this section.
(i)
In the case of a development plan that calls for development
over a period of years, a schedule showing the proposed times within
which applications for final approval of all sections of the PNRD
are intended to be filed. This schedule must be updated annually on
the anniversary of its approval until the development is completed.
D.
The application for tentative approval of a PNRD shall include a
written statement by the applicant setting forth why the PNRD would
be in the public interest and consistent with the Comprehensive Plan.
2.
3.
Criteria for Approval. Development plan may be approved only if it
is found to meet the following criteria:
A.
The proposed development plan shall preserve the objectives of this
chapter and shall be consistent with the Comprehensive Plan.
B.
It shall be fully served by public utilities without reducing the
level of service to the remainder of the Township.
C.
It shall organize vehicular ingress, egress, and parking to minimize
traffic congestion in the neighborhood.
D.
It shall be sited, oriented and landscaped to produce a harmonious
relationship of buildings and grounds within the development and to
the buildings and grounds of adjacent owners, and to the fullest extent
possible, shall preserve the scenic, aesthetic, and historic features
of the landscape.
E.
It shall not involve any element or cause any condition that may
be dangerous, injurious, or noxious to any other lot or persons.
4.
The Findings.
A.
The Board of Supervisors, within 60 days following the conclusion
of the public hearings provided for in this section, shall notify
the applicant, in writing, of its decision to 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 the tentative approval is granted subject to conditions,
the applicant may, within 30 days of receiving the written decision
of the Township, notify the Township of his refusal to accept any
or all of the conditions, in which case, the Township shall be deemed
to have denied tentative approval of the development plan. In the
event the applicant does not, within said period, notify the Township
of his refusal to accept any condition, tentative approval of the
development plan, with the conditions, shall stand as granted.
C.
The grant or denial of tentative approval by official written communication
shall include not only conclusions but also findings of fact relating
to the following criteria:
(1)
A detailed itemization of aspects in which the proposed PNRD
is consistent with the Comprehensive Plan and the aspects in which
it is not so consistent.
(2)
Any aspects in which the proposed PNRD departs from zoning requirements
for similar development in other districts and SALDO[3] otherwise applicable to the subject lot, 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 proposed PNRD, 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
purpose, density, and type of development.
(4)
The physical design of the proposed PNRD and the aspects in
which said design does or does not make adequate provision for public
services, provided adequate control over vehicular traffic, and further
amenities of light and air, recreation, and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed PNRD
to the neighborhood in which it is proposed to be established.
(6)
The sufficiency of the terms and conditions intended to protect
the interest of the public and the residents of the PNRD and the integrity
of the development plan.
D.
Status of Plan after Tentative Approval.
(1)
The official written communication provided for this section
shall be certified by the Director of Community Development and shall
be filed in the Township office and a certified copy shall be mailed
to the applicant.
(2)
Tentative approval of a development plan shall not qualify a
plan of the PNRD for recording nor authorize development or the issuance
of any building permits. A development plan 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 Township pending
an application or applications for final approval, without the consent
of the applicant, provided an application 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.
(3)
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 Township,
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 ordinances otherwise applicable thereto as they may be amended
from time to time, and the same shall be noted in the records of the
Director of Community Development.
E.
Timing. If a proposed PNRD is granted tentative approval, with or
without conditions, the Board of Supervisors may set forth in the
official written communication the time within which an application
for final approval shall be filed. In the case of a development plan,
which provides for development over a period of years, the periods
of time in which applications for final approval of each part thereof
shall be filed may also be established in the official written communication.
Only with the consent of the applicant may the time between grant
of tentative approval and application for final approval be less than
three months, and in the case of development over a period of years,
the time between applications for final approval of each part of a
plan shall not be less than 12 months.
[Ord. No. 477, 5/11/2021]
1.
Filing.
A.
A landowner and/or developer shall submit an application for final
approval of the development plan by delivering 15 copies of the completed
application to the Director of Community Development at least four
weeks or 28 days prior to the Planning Commission's regularly scheduled
meeting. The Director of Community Development shall determine the
completeness of the application and either accept the applications
complete and properly filed or return the application to the applicant
for resubmission if the application is incomplete and improperly filed.
If the application is returned as incomplete, a written notice, which
cites the specific requirements of this chapter which have not been
met, shall be sent to the applicant.
[Amended by Ord. No. 483, 7/13/2021]
B.
The date of the Planning Commission meeting at which the application
is accepted as complete and properly filed shall be the official date
of filing and shall represent the beginning of the sixty-day period
for review by the Planning Commission and action by the Board of Supervisors.
2.
Content of Application for Final Approval.
A.
The final application shall contain the following:
(1)
Plans at a scale of not more than one inch equaling 50 feet.
(2)
The name seal and appropriate certification of the registered
professional engineer responsible for the plan.
(3)
A plan containing sufficient data to determine the location
of streets, rights of way, easements, and open space.
(4)
A plan which delineates slopes 15% to 25% and greater than 25%.
(5)
A plan containing sufficient data to determine the location
of significant man-made features.
(6)
The lengths of all straight lines, radii, lengths of curves
and tangent bearings for each street.
(7)
The proposed building setback line from each street and the
proposed placement of all structures other than single-family detached
dwellings.
(8)
A stormwater management plan containing stormwater management
calculations.
(9)
A plan showing the method of sanitary sewer service. The design
of any proposed sewer treatment plan, pumping stations and disposal
fields.
(10)
Permanent reference monuments shall be required and shown on
the plan.
(11)
Road profile plans showing the location, grade, and width of
existing and proposed street rights of way.
(12)
A plan depicting typical paving sections.
(13)
A grading and utility plan showing existing grades and proposed
grades with two-foot contours. The plan shall also include the location
of all storm sewer lines, sanitary sewer lines, invert and rim elevations
of all existing and proposed manholes, water lines, electric lines,
lighting standards and pipelines. A plan depicting the profiles of
the proposed sanitary and sewer lines.
(14)
A land use plan showing the gross and net densities of the overall
development, as well as the individual sections.
(15)
All covenants, grants of easements, or other restriction proposed
to be imposed upon the use of the land, buildings, and structures
including proposed easements of grants for public facilities.
(16)
A landscaping plan showing location of sidewalks, trails, and
bufferyards and the species, sizes, and number of plantings.
(17)
The required land use regulation modifications.
(18)
In the case of a development plan which calls for development
over a period of years, a schedule showing the proposed times within
which applications for final approval of all sections of the PNRD
are intended to be filed. This schedule must be updated annually on
the anniversary of its final approval until the development is completed
and accepted.
B.
Supplementary data shall include:
(1)
In a form suitable for recording with the plat, any covenants,
grants of easements, rights of way or other restrictions to be imposed
on the use of the land and structures.
(2)
Provisions for the maintenance, ownership, and operation of
common open spaces, common recreation facilities, and other improvements.
3.
Final Approval. If the application for final approval has been filed
with all drawings, specifications, other required documents in accordance
with this chapter, and the official written communication of tentative
approval, the Planning Commission shall recommend approval of said
application to the Board of Supervisors. The Board of Supervisors
shall, within 45 days of the filing of the application with the Planning
Commission, grant such development plan final approval.
4.
Denial of Approval.
A.
If the development plan as submitted contains variations from the
development plan given tentative approval, the Board of Supervisors
may refuse to grant final approval. It shall, however, within 45 days
from the filing of the application for final approval, advise the
applicant of the refusal, setting forth in the notice why one or more
of the variations are not in the public interest.
B.
In the event of such a refusal, the developer and/or landowner may
either:
(1)
Refile the application for the final approval without the variations
objected.
(2)
File a written request with the Board of Supervisors to hold
a public hearing on the application for final approval. The hearing
shall be held within 30 days of the request and the hearing shall
be conducted in accordance with the procedure for hearings on an application
for tentative approval. Within 30 days after the conclusion of the
hearing, the Board of Supervisors shall issue a written decision whether
granting or denying final approval in the form required for tentative
approval.
5.
Recording. A development plan, or any part thereof, which has been
given final approval shall be certified by the Board of Supervisors
and recorded in the Allegheny County Department of Real Estate before
any development shall take place. Said plan shall be recorded within
90 days of the date final approval is granted by the Board of Supervisors
or final approval shall automatically be rescinded.
6.
Judicial Review. Any decision of the Board of Supervisors granting
or denying tentative or final approval of a proposed PNRD shall be
subject to appeal by the same procedures and with the same limitations
as provided for zoning appeals by the MPC, 53 P.S. § 10101
et seq.
7.
Failure to Develop. In the event that a development plan, or a section
thereof, is given final approval and thereafter the applicant shall
abandon such plan or the section thereof that has been finally approved,
or in the event the applicant shall fail to commence development of
the PNRD within two years after final approval has been granted, or
in the event that the applicant shall substantially fail to develop
in accordance with the development plan given final approval, no development
or further development shall take place on the lot included in the
development plan until after the said lot is reclassified by enactment
of an amendment to this chapter.
8.
Enforcement Remedies. Any person, partnership, or corporation who
or which has violated the PNRD provisions of this chapter shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied.
or be payable until the date of the determination of a violation by
the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day that
a violation continues shall constitute a separate violation, unless
the Magisterial District Judge, determining that there has been a
violation, further determines that there was a good faith basis for
the person, partnership or corporation violating this chapter to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the Magisterial
District Judge, and, thereafter, each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to the Township. The Allegheny County Court of Common Pleas,
upon petition, may grant an order of stay, upon cause shown, tolling
the per diem fine pending a final adjudication of the violation and
judgment.
9.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
