[Amended 10-14-2002 by Ord. No. 125]
The purpose of the planned residential development
designation is to establish standards, conditions, regulations and
procedures governing said land uses, including densities, open spaces
and design criteria, and to provide for the administration and enforcement
of these alternative land uses. This article is enacted pursuant to
the Brighton Township Comprehensive Plan 1999 for the purpose of:
A.
Allowing and encouraging innovation in residential
development and redevelopment so that the changing demand for housing
may be met by greater variety and type, design and layout of dwellings
together with the conservation and more efficient use of open space
ancillary to said dwellings;
B.
Promoting flexibility in design and permit planned
diversification in the location of structures, while preserving the
property values of existing areas;
C.
Promoting the efficient use of land to facilitate
a more economic arrangement of buildings, circulation systems, land
uses and utilities;
D.
Preserving to the greatest extent possible the existing
landscape features and amenities and to utilize such features in a
harmonious fashion;
E.
Providing for more usable and suitably located recreation
facilities and other public and common facilities than would otherwise
be provided under conventional land development procedures;
F.
Combining and coordinate architectural styles, building
forms and building relationships within the planned residential development;
G.
Ensuring a quality of construction commensurate with
other developments within the Township; and
H.
Protecting the existing residential neighborhoods
and surrounding areas from being adversely affected by the proximity
of incompatible land uses.
[Amended 10-14-2002 by Ord. No. 125]
A.
This article is based upon and shall be interpreted
in relation to the Brighton Township Comprehensive Plan 1999, providing
for the development, continuing development and future development
of the Township of Brighton. Every application for tentative approval
of a planned residential development shall be based upon and interpreted
in relationship to the Brighton Township Comprehensive Plan 1999.
[Amended 10-14-2002 by Ord. No. 125]
This article is intended to supplement the zoning
regulations of the Township of Brighton by permitting land improvement
and residential development by methods other than lot by lot development.
This article is not intended to repeal, abrogate or amend the zoning
regulations of the Township of Brighton. It is hereby declared to
be the intention of the Board of Supervisors of the Township of Brighton
that in those instances where this article may be directly conflicting
with the zoning regulations of the Township of Brighton, the provisions
of this article shall control. The provisions of this article are
hereby declared to be and shall be construed as the minimum requirements
governing the evaluation and approval of proposals for planned residential
developments.
For the purposes of administering the provisions of this article, the definition of terms outlined in Article III shall be applicable.
No application for approval of a planned residential
development shall be considered or approved unless the following conditions
are met:
A.
Tract size. The tract proposed for a planned residential
development shall be a contiguous area of land containing a minimum
of 20 acres.
B.
Ownership requirements. An application for tentative
approval of a planned residential development may be filed by a person
having an interest in the property to be included in the planned residential
development. The application shall be filed in the name or names of
the recorded owner or owners of property included in the development.
However, the applications may be filed by the holder(s) of an equitable
interest in such property. In any event, the applicant shall evidence
a full ownership interest in the land (legal title or the execution
of a binding sales agreement) before final approval of his plan.
[Amended 10-14-2002 by Ord. No. 125]
A.
Planned residential developments shall be so located
with respect to major streets and highways or other transportation
facilities as to provide direct access to the planned residential
development without creating traffic along local roads in residential
neighborhoods outside of the planned residential development.
B.
Planned residential developments shall be serviced
by a public central water supply and sewer system. A distribution
system shall be designed to furnish an adequate supply of water to
each dwelling unit, with adequate main sizes and fire hydrant locations.
Fire hydrants shall be provided as required by the Township Fire Marshal.
The sewer system shall comply with the Township Code and all applicable
DEP regulations.
C.
Planned residential developments shall adhere to the
rules and regulations of the Pennsylvania Public Utilities Commission
with respect to gas, electric and telephone services.
[Amended 10-14-2002 by Ord. No. 125]
All proposals for planned residential development
shall be consistent with the Brighton Township Comprehensive Plan,
1999. A statement of consistency shall be submitted by the developer
indicating the compatibility of the planned residential development
to the Township of Brighton Township Comprehensive Plan, 1999. Such
statement shall outline the social, economic and environmental impact
of the planned residential development on the surrounding area and
the Township as a whole, and shall include specific references to
Brighton Township Comprehensive Plan, 1999. The impact statement shall
be prepared by an American Institute of Certified Planners certified
firm, individual or other entity with expertise and competence in
the preparation of impact statements.
[Amended 10-14-2002 by Ord. No. 125]
A.
Developers are encouraged to submit a sketch plan
of the proposed PRD to the Planning Commission for an informal review.
The Planning Commission's comments and suggestions will be advisory
only and will not constitute any legally binding action by the Planning
Commission or Township. Time deadlines applicable to tentative or
final approval do not apply to sketch plans.
B.
It is recommended that the sketch plan be submitted
early in the planning stages of the PRD but at least 60 days in advance
of the tentative application.
C.
There is no prescribed form for the submission of
the sketch plan; however, it must include sufficient information to
describe the location and size of the proposed PRD, dwelling unit
types and approximate densities, natural site characteristics (slope,
soils, etc.), plans for providing transportation access and internal
circulation, sewer and water service, recreation and other common
facilities, and provisions for common open space. The sketch plan
should identify natural, unique or environmentally sensitive features
of the site, along with the potential effect of the proposed development
on these areas.
D.
Upon submission of the sketch plan, the Township will
schedule a meeting with the Planning Commission and other appropriate
Township officials. A developer may submit revised plans, to clarify
any issues or problems raised during the meeting with the Planning
Commission. All documents submitted as part of the sketch plan shall
become the property of the Township.
E.
The applicant is responsible for the cost of engineering
reviews by the Township, Sewage Authority and Municipal Authority
if the applicant requests those types of reviews for a sketch plan.
[Amended 10-14-2002 by Ord. No. 125]
The following uses are permitted in a planned
residential development:
A.
Principal uses. residential uses in the R-1 Rural
Residential District: single-family detached dwellings; two-family
detached dwellings (duplex), triplex or quadraplex, and townhouse
dwellings shall be permitted, provided that:
B.
Principal uses. Residential Uses in the R-2 Agricultural
Residential District: Single-family detached dwellings.
C.
Accessory uses in R-1 or R-2 Districts.
[Amended 1-11-1999 by Ord. No. 107; 10-14-2002 by Ord. No.
125]
A.
Residential density. The maximum allowable gross residential
density in single-family and mixed-use PRD's shall not exceed the
following:
|
Dwelling Units per Acre
| |||
|---|---|---|---|
|
District
|
Single-Family PRD
|
Mixed-Use PRD
| |
|
R-1
|
4.5
|
6
| |
|
R-2
|
3
|
n/a
| |
B.
Buildable area is determined by subtracting all or
portions of the land in the following categories:
|
Land
|
Percent Reduction for Calculating Type
of Buildable Area
| |
|---|---|---|
|
Land in existing ROW easements or otherwise
restricted by deed or covenant
|
100%
| |
|
Floodplains (100 year)
|
100%
| |
|
Lakes, ponds or wetlands
|
100%
| |
|
Slope (40% or more)
|
100%
| |
|
Slope (25% and less than 40%)
|
50%
| |
|
Slope (15% and less than 25%)
|
25%
|
C.
Common open space.
(1)
Common open space shall comprise at least 25% in an
R-1 Zoning District and 30% in an R-2 Zoning District of the total
buildable area of the planned residential development.
(2)
Of the minimum required open space to be established,
no wetlands or areas of 20% slope or greater shall be included in
the calculated open space area.
(3)
Landscaped areas devoted to recreational activities,
freely accessible to residents, may be counted toward the total common
space required at a value of 60% of the actual area devoted to this
use.
(4)
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 surfaces (pavings, roofs,
etc.) constitute no more than 5% of the total common open space.
(5)
The Township Comprehensive Plan encourages lineal
trails and trail connections between neighborhoods. The Planning Commission
will recommend, and the Board of Supervisors can require, trails to
further the purposes of the Comprehensive Plan.
[Amended 10-14-2002 by Ord. No. 125]
A.
Residential uses permitted in a planned residential
development shall have the following lot area requirements:
(1)
In a R-1 Zoning District, a minimum lot width of 80
feet at the building line for single-family detached dwellings and
a minimum lot width of 85 feet at the building line for two-family
detached dwellings (duplex) shall be required. Single-family detached
dwellings and two-family detached family dwellings (duplex) shall
have a minimum of thirty-foot front yard, a minimum of ten-foot side
yard, and a minimum of 20 feet between dwellings or other structures.
(2)
In a R-2 Zoning District, a minimum lot width of 85
feet at the building line shall be required. Single-family detached
dwellings shall have a minimum of ten-foot side yard, and a minimum
of 20 feet between dwellings or other structures.
(3)
Triplex, quadraplex, townhouse or other multifamily
dwellings shall have the following minimum distances:
(a)
End walls face each other but contain no windows:
20 feet.
(b)
End walls face each other and contain windows:
35 feet.
(c)
End wall of one building faces principal facade
(front or rear) of neighboring building: 45 feet.
(d)
Principal facades (front or rear) of neighboring
buildings face each other: 60 feet.
(e)
Connected groups of abutting buildings shall
not exceed in total length 300 feet.
(f)
Distances shall be measured from the shortest
dimension between any parts, including projecting balconies, of adjacent
buildings.
B.
Recreation uses permitted in a planned residential
development shall have minimum lot area requirements sufficient to
accommodate the use relative to other uses, including parking.
[Amended 10-14-2002 by Ord. No. 125]
A.
The developer shall take every precaution to preserve
the natural site amenities and to minimize the disturbance to the
natural environment.
B.
The development will be designed and programmed so
as to minimize earthmoving activity, erosion, tree clearance and the
destruction of natural amenities.
C.
Existing trees shall be preserved where possible.
The location of trees must be considered when planning the common
open space, location of buildings, underground services, walks, paved
areas, playgrounds, parking areas and finished grade levels.
D.
Seeding, sodding and other planting shall be applied
to stabilize topsoil.
E.
Erosion control measures such as minimizing the area
of exposed soil, mulching, building silt catchment basins and planting
temporary ground cover shall be instituted as necessary.
F.
In order to ensure the preservation of the natural
characteristics of the land, trees and ground cover, natural bodies
of water and other significant natural features, a detailed landscaping
plan and an erosion control and sedimentation plan will be required
at the time of initial plan submission.
G.
Floodplains.
(1)
All floodplains, as defined in § 180-9, shall remain as permanent open space in a PRD. Only the following uses shall be permitted in the floodplain:
(a)
Recreational uses not requiring permanent or
temporary structures, such as picnic areas, fishing sites, trails,
and similar uses.
(b)
Most essential road and utility facilities,
such as bridges, transmission lines, sewage treatment plant outlets
and similar facilities, which cannot be placed elsewhere on the site
outside the floodplain, provided all necessary approvals and permits
have been obtained from the Pennsylvania Department of Environmental
Protection.
(2)
Any use or facility in a floodplain shall comply with
all applicable provisions of the Township of Brighton.
H.
Ponds, wetlands, watercourses.
(1)
These areas shall remain as permanent open space.
(2)
No realignment, development, filling, piping and concentrating,
or diverting shall be permitted except for most essential road and
utility facilities which cannot be placed elsewhere on the site or
as otherwise directed by the Township and the Pennsylvania Department
of Environmental Protection.
I.
Steep slopes.
(1)
In areas with slopes 15% to 25%, no more than 75%
of such areas shall be regraded, stripped of vegetation and/or developed
(i.e., construction of dwellings, road, etc.).
(2)
In areas with slopes 25% to 40%, no more than 30%
of such areas shall be regraded, stripped of vegetation or developed.
(3)
No dwelling or other structure shall be permitted
in areas with slopes 40% or greater. However, the Township may approve
limited regrading for the constructing or installation of roads, utilities
or similar facilities which cannot be located elsewhere. Such approval
shall be upon the recommendation of the Township Engineer.
[Amended 11-13-2001 by Ord. No. 119; 10-14-2002 by Ord. No.
125]
A.
All dwelling units shall be designed with regard to
topography and the natural features of the site. Orientation to the
prevailing winds and the sun in the physical layout and form of the
proposed dwelling units shall be taken into account.
B.
All dwelling units shall be sited so as to enhance
privacy and to ensure natural light for all principal rooms.
C.
Variations in setbacks shall be provided where necessary
to create a more pleasing site design. A minimum thirty-foot setback
on all local streets shall be required.
D.
Dwelling units and other facilities or structures
near the periphery of the planned residential development shall be
designed so as to be harmonious with contiguous neighboring areas.
E.
No structure shall be within 25 feet of the right-of-way
of an access road or within 20 feet of parking areas.
[1]
Editor's Note: Former § 195-51,
Traffic circulation, as amended, was repealed 3-8-2004 by Ord. No.
135.
[Amended 10-14-2002 by Ord. No. 125]
B.
Parking areas shall be arranged so as to prevent through
traffic to other parking areas.
C.
Parking areas shall be screened from adjacent structures,
roads and traffic arteries with hedges, dense plantings, earth berms,
changes in grade or walls.
D.
No more than 10 parking spaces shall be permitted
in a continuous row without being interrupted by landscaping.
E.
Any off-street loading area shall be paved and the
design thereof approved by the Planning Commission. All areas shall
be marked so as to provide for orderly and safe loading, parking and
storage.
F.
Parking for recreational purposes shall be provided
appropriate to the type of recreational use, as deemed adequate by
the Planning Commission.
G.
All parking areas shall be adequately lighted. All
such lighting shall be so arranged as to direct the light away from
adjoining residences.
H.
All parking areas and off-street loading areas shall
be graded and drained so as to dispose of all surface water without
erosion, flooding and other inconvenience.
[Amended 10-14-2002 by Ord. No. 125]
A developer may construct a planned residential
development in phases if the following criteria are met:
A.
The application for tentative approval covers the
entire planned residential development and shows the location and
approximate time of construction for each phase.
B.
At least 20% of the dwelling units in the planned
residential development given tentative approval shall be included
in the first phase.
C.
The second and subsequent phases shall be consistent
with the tentatively approved plan. In no event shall the second or
any subsequent phases contain less than 20% of the dwelling units
receiving tentative approval.
D.
Gross residential density may be varied from phase
to phase. However, final approval shall not be given to any phase
if the net density of the area which includes phases already finally
approved and the phase for which final approval is being sought exceeds
by more than 10% the gross density allowed for the entire planned
residential development in the tentatively approved plan. Where it
is necessary to allocate open space to early phases to avoid exceeding
the maximum gross residential density, the developer will be required
to establish said open space in the manner prescribed in the tentative
approval.
Common open spaces shall be distributed more
or less equitably throughout the planned residential development in
relation to the dwelling units of the people they are intended to
serve and consistent with good design principles. Common open spaces
shall not be isolated in one corner of the planned residential development,
but shall be accessible to all dwelling units in the plan.
A.
There shall be provisions which ensure that the common
open space land shall continue as such and be properly maintained.
The developer shall either:
(1)
Dedicate such land to public use if the Township or
another public agency has indicated it will accept such dedication;
(2)
Retain ownership and responsibility for maintenance
of such open space land; or
(3)
Provide for and establish one or more organizations
for the ownership and maintenance of all common open space.
A.
If a homeowners' association or open space trust is
formed, it shall be governed according to the following regulations:
(1)
The association is organized by the developer and
operating with financial subsidization by the developer, if necessary
before the sale of any lots within the development.
(2)
Membership in the association is mandatory for all
purchasers of homes therein and their successors.
(3)
The association shall be responsible for maintenance,
insurance and taxes on common open space.
(4)
The members of the association shall share equitably
the costs of maintaining and developing common open space, in accordance
with procedures established by them.
(5)
The association shall have or hire adequate staff
to administer common facilities and maintain the common open space.
(6)
Articles of incorporation of the homeowners' association
shall be recorded simultaneously with the recording of the initial
phase receiving final approval.
B.
In the event that the association 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 Township may serve written
notice upon such association's officers 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 of the date of receipt
of the notice of deficiency 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 Township 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. 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 Township, 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 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. Before the expiration of
said year, the Township 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 association's
officers or to the residents of the planned residential development,
to be held by the Board of Supervisors at which hearing such association
of the residents of the planned residential development shall show
cause why such maintenance by the Township shall not, at the option
of the Township, continue for a succeeding year. If the Board of Supervisors
shall determine that such association is ready and able to maintain
said common open space in reasonable condition, the Township shall
cease to maintain the common open space at the end of said year. If
the Board of Supervisors shall determine that such organization is
not ready and able to maintain said common open space in a reasonable
condition, the Township 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. The
decision of the Board of Supervisors shall be subject to appeal to
court in the same manner and within the same time limitation as is
provided for.
C.
The cost of such maintenance by the Township 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 Township, at the time
of entering upon said common open space for the purpose of maintenance,
shall file a notice of such lien in the office of the Prothonotary
of Beaver County, upon the properties affected by such lien within
the development.
A.
The application for tentative approval shall be made
by or on behalf of the landowner and filed with the Township Secretary.
A fee for such review and approval as per the fee resolution adopted
by the Board of Supervisors, shall accompany said application. Such
fee shall cover processing and administrative costs for the review
of applications for tentative approval. In addition, a deposit shall
be made with the Township to cover the costs of related services provided
to the Township by municipal consultants and engineers in connection
with the review of said application, plus 5% for administrative costs.
B.
The application for tentative approval shall include
documentation illustrating compliance with all of the standards for
planned residential development as set forth in this article, and
where necessary, the Board of Supervisors or Planning Commission shall
order such additional documentation as they may deem necessary to
aid them in their review.
C.
Required documentation shall include, but not be limited
to, documents illustrating the following:
(1)
The location and size of the area involved and adjoining
areas; and the nature of the landowner's interest in the planned residential
development;
(2)
Areas of land proposed for development and uses thereon
and the net residential and commercial density of each proposed land
use;
(3)
The location, function, size, ownership and manner
of maintenance of the common open space;
(4)
The use and the approximate height, bulk and location
of buildings and other structures;
(5)
Location and size of all lots;
(6)
Information showing the feasibility of proposals for
off-site water and off-site sewer service;
(7)
Utility systems;
(8)
The substances of covenants, grants of easements or
other restrictions to be imposed upon the use of land, on either common
open space or within privately deeded parcels, buildings and structures,
including proposed grants and/or easement for public utilities;
(9)
The provision for parking of vehicles and the location
of said parking areas, rights-of-way and cartway widths of proposed
streets and public ways;
(10)
In the case of plans which call for the development
in stages, a schedule showing the time within which applications for
final approval of all parts of the planned residential development
are intended to be filed and which shall be updated annually on the
anniversary of submission for tentative approval.
(11)
The application shall, insofar as possible,
indicate compliance with the provisions set forth herein, governing
the requirements for final approval.
D.
Application for tentative approval shall include but
not be limited to the following documents:
(1)
Plans at one inch equals 100 feet or larger of existing
natural features of the land, including topography, vegetation, drainage
and soils;
(2)
A site plan showing approximate locations of lots,
buildings, roads, parking areas at one inch equals 100 feet;
(3)
A plan at one inch equals 100 feet delineating common
open space, indicating area, facilities to be provided, structures,
if any, and uses;
(4)
A plan at one inch equals 100 feet delineating approximate
locations of street types, rights-of-way and cartway widths;
(5)
A site plan illustrating phasing; including a time
schedule for all on-site and off-site improvements to be dedicated
for public use, which may be modified from time to time by the Board
of Supervisors;
(6)
A plan illustrating connection to public utilities,
streets and rights-of-way accompanied by documentation and comment
from the Brighton Township Municipal Authority and Brighton Township
Sewer Authority as to the impact of the proposed development on said
public utilities, streets and rights-of-way;
(7)
A plan illustrating the relation of the proposed planned
residential development to the Township's General Development Plan
accompanied by documentation indicating the social and economic impact
of the development on the Township.
E.
Said application shall also include a written statement
by the landowner setting forth the reasons why, in his opinion, the
planned residential development would be in the public interest and
would be consistent with the Township's General Development Plan while
achieving recognized planning objectives.
F.
The application shall submit 15 copies of all information
required for tentative approval to the Township Secretary.
G.
One copy of every application for tentative approval
received by the Township Secretary shall be promptly forwarded to
the Township Planning Commission for study and recommendation.
H.
A number of, as determined from time to time by the
Beaver County Planning Commission, copies of every application for
tentative approval received by the Township shall be promptly forwarded
to the Beaver County Planning Commission for study and recommendation.
The County Planning Commission shall review and report within 45 days
of referral.
I.
One copy of every application for tentative approval
received by the Township Secretary shall be promptly forwarded to
the Township's Engineer and/or Planning Consultant for technical study
and recommendation. The Township Engineer and/or Planning Consultant
shall review and report to the Township Planning Commission within
30 days of referral.
A.
Within 60 days after the filing of a completed application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors in the manner prescribed in Article XVIII, Zoning Hearing Board. The Chairman or, in his absence, the Acting Chairman of the Board of Supervisors or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
B.
A stenographic record of the hearing shall be caused to be made by the Board of Supervisors, and the appearance fee for the stenographer shall be shared equally by the applicant and the Board of Supervisors. Costs for transcriptions shall be paid pursuant to the provisions of Article XVIII, Zoning Hearing Board. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
A.
The Board of Supervisors, within 60 days following the conclusion of the public hearing provided for in § 195-59, shall, by official written communication to the landowner, either:
B.
Failure to so 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 said 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 landowner 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.
C.
The grant or denial of tentative approval by the Board
of Supervisors shall include not only conclusions 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 which 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 of the Township of
Brighton;
(2)
The extent to which the development plan departs from
subdivision and zoning regulations otherwise applicable to the subject
property, including but not limited to minimum lot sizes, overall
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 provision
for public services, provide adequate control over vehicular traffic
and further the amenities of light and air, recreation and visual
enjoyment; and
(5)
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 that a development plan 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 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 landowner, the time so established between grant
of tentative approval and on application for final approval shall
not be less than three months, and in case of developments over a
period of years, the time between applications for final approval
of each part of a plan shall be not less than 12 months.
A.
The official written communication provided for in § 195-60 of this article shall be certified by the Secretary of the Board of Supervisors and shall be filed in its office and a certified copy shall be mailed to the landowner.
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 landowner (and provided that the landowner 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 landowner, provided that
an application for final approval is filed or, in the case of development
over a period of years, provided that 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 landowner
shall elect to abandon said development plan, the landowner shall
so notify the Board of Supervisors, in writing, or in the event that
the landowner shall fail to file application 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 the
applicable provisions of this article.
An application for final approval may be for
all the land included in a development plan or, to the extent set
forth in the tentative approval, a section thereof. Said application
shall be filed with the Township Secretary and within the time or
times specified by the official written communication granting tentative
approval. If the application for final approval is in compliance with
the development plan given tentative approval, with any specified
conditions attached thereto, a public hearing need not be held.
The application for final approval shall contain
the following data and be submitted using the following format:
A.
Shall be drawn on reproducible material and shall
be on sheets of at least 17 inches by 22 inches with a border of 1/2
inch on all sides except the binding edge which shall be one inch.
More than one sheet may be used for larger tracts and all sheets must
be indexed. Individual sheet size shall not exceed 34 inches by 44
inches.
B.
Shall be drawn with waterproof black ink and all records,
data, entries, statements, etc., thereon shall also be made with the
same type of ink or reproducible typing.
C.
Shall be drawn to a scale of one inch to 100 feet
or larger.
D.
Shall contain a title block in the lower right corner
with the following:
(1)
Name under which the development is to be recorded.
(2)
Date of plat, graphic scale, North arrow and location
of development.
(3)
Name(s) and address(es) of the owner(s) and signed
certification of ownership including deed book number and page.
(4)
Name, address and seal of the registered engineer
or the surveyor preparing the plat.
E.
Shall be drawn according to the following drafting
instructions:
(1)
Outside of the perimeter of the final plan area:
(a)
Streets and other rights-of-way by medium solid
lines.
(b)
Property lines of adjacent subdivision by medium
dashed and two dotted lines.
(c)
Lot lines by light dotted lines.
(d)
Restriction lines, easements and other reserved
areas by light dashed lines.
(e)
The total perimeter of the land included for
final approval by a heavy solid line.
F.
Primary control points approved by the Engineer or
description and ties to which all dimension, angles, bearings and
similar data shall be referred.
G.
Tract perimeter lines, street rights-of-way, easements
and other reserved areas and property lines of residential lots and
other sites with accurate dimensions, areas, bearing or deflection
angles, radii, arcs and central angles of all curves.
H.
Name and right-of-way and cartway width of each street,
roadway or right-of-way.
I.
Location, dimensions and purpose of all easements.
J.
Number to identify each lot or site.
K.
Purpose for which sites other than residential are
to be dedicated.
L.
Building line on all lots and sites.
M.
Location and description of all monuments shall be
solid steel pins, which shall be no less than 1/2 inch in diameter
and 30 inches long.
N.
Names, deed book number and page of recorded owners
of adjoining land.
O.
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
P.
Statement by the owner dedicating streets, rights-of-way
and sites for public use.
Q.
Protective covenants in form suitable for recording.
R.
Tract closures and block closures shall have an error
of closure of no less than 1:10,000.
[Amended 10-14-2002 by Ord. No. 125]
S.
A final grading plan with contours at vertical intervals
of two feet if the general slope of the site is more than 2% and at
vertical intervals of one foot if the general slope is less than 2%.
T.
All elevations shall be on the USGS Datum.
[Amended 10-14-2002 by Ord. No. 125]
U.
Bench marks as established by the United States Geological
Survey or permanent monuments as established by a registered surveyor
authorized to practice in the Commonwealth of Pennsylvania.
V.
Watercourses, culverts, bridges, drains and areas
subject to inundation of a fifty-year and one-hundred-year frequency
basis.
W.
Sewers, water mains and fire hydrants.
X.
Utilities, existing and planned, together with possible
connections thereto.
Y.
Subsurface soil, geological and hydrologic condition
of the tract.
Z.
Sidewalks and crosswalks.
AA.
Typical cross sections and profiles of roadways and
sidewalks.
BB.
Lot lines with bearings and dimensions.
CC.
General drainage plan for stormwater in relation to
natural channels with capacity to accommodate fifty-year and one-hundred-year
frequency flood.
DD.
A plan to the proposed water distribution system including
the sizes of water pipes and the location of valves and fire hydrants.
EE.
A plan of the proposed sanitary sewage collection
system.
FF.
Location and size of all structures.
GG.
Architectural sketches or elevations of all major
structures (i.e., commercial buildings and multifamily dwellings).
HH.
A landscaping plan with bufferyard B (moderate) identified along the tract boundary as specified, as defined in § 195-137.1.
[Amended 11-13-2001 by Ord. No. 119; 10-14-2002 by Ord. No.
125]
II.
Such other certificates, affidavits, endorsements
or dedications as may be required in the enforcement of this article.
A.
Completion guaranty.
(1)
No application for final approval shall receive said
final approval unless the streets, roads, sidewalks, curbs, gutters,
streetlights, water systems, fire hydrants, sewer systems, shade trees,
storm drains and other improvements as may be required by or under
this article have been installed in accordance with these provisions
or the applicable regulations in effect at the time of tentative approval.
In lieu of the completion of said improvements, a corporate bond or
other security approved by the Board of Supervisors in the amount
sufficient to cover the costs of those improvements not completed,
but required, shall be deposited with the Township. Said bond or other
security shall provide for and secure to the public the completion
of all improvements required within the period fixed as part of the
final approval for such completion. In the case of staged development,
it shall be necessary to provide for all improvements required within
the stage or other improvements which the Board of Supervisors finds
essential for the protection or proper overall development of any
section of the planned residential development given final approval.
(2)
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements,
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Township
of Brighton, upon the recommendation of the Township Engineer, may
refuse to accept such estimate for good cause shown. If the applicant
or developer and the Township of Brighton are unable to agree upon
an estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in the commonwealth
and chosen mutually by the Township of Brighton and the applicant
or developer. The estimate certified by the third engineer shall be
presumed fair and reasonable and shall be the final estimate. In the
event that a third engineer is so chosen, fees for the services of
said engineer shall be paid equally by the Township of Brighton and
the applicant or developer.
B.
Release from improvement bond.
(1)
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Board
of Supervisors by certified or registered mail of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the aforesaid improvements. The Township Engineer shall thereupon
file a report, in writing, with the Board of Supervisors and shall
promptly mail a copy of the same to the developer by certified or
registered mail. The report shall be made and mailed within 30 days
after receipt by the Township Engineer of the aforesaid authorization
from the Board of Supervisors; said report shall be detailed and shall
indicate approval or rejection of said improvements, either in whole
or in part, and if said improvements or any portion thereof shall
not be approved or shall be rejected by the Township Engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection.
(2)
The Board of Supervisors shall notify the developer
within 10 days of receipt of the Township Engineer's report, in writing
by certified or registered mail, of their action with relation thereto.
(3)
If the Township fails to comply with the time limitation
provisions contained herein, all improvements will be deemed to have
been approved and the developer shall be released from all liability,
pursuant to its performance guaranty bond or other security agreement.
(4)
If any portion of the improvements shall not be approved
or shall be rejected by the Board of Supervisors, the developer shall
proceed to complete the same, and upon completion, the same procedure
of notification as outlined herein shall be followed.
C.
The Township of Brighton may prescribe that the applicant
shall reimburse the Township of Brighton for the reasonable and necessary
expense incurred for the inspection of improvements. Such reimbursement
shall be based upon a schedule established by ordinance or resolution.
Such expense shall be reasonable and in accordance with the ordinary
and customary fees charged by the Township Engineer or consultant
for work performed for similar services in the community, but in no
event shall the fees exceed the rate or cost charged by the Engineer
or consultant to the Township when fees are not reimbursed or otherwise
imposed on applicants.
(1)
In the event that the applicant disputes the amount
of any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of billing, notify the
Township of Brighton that such expenses are disputed as unreasonable
or unnecessary, in which case the Township shall not delay or disapprove
a subdivision or land development application or any approval or permit
related to development due to the applicant's request over disputed
engineer expenses.
(2)
If, within 20 days from the date of billing, the Township
of Brighton and the applicant cannot agree on the amount of expenses
which are reasonable and necessary, then the applicant and the Township
of Brighton shall jointly, by mutual agreement, appoint another professional
engineer licensed as such in the Commonwealth of Pennsylvania to review
said expenses and make a determination as to the amount thereof which
is reasonable and necessary.
(3)
The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(4)
In the event that the Township and applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then, upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which
the Township is located (or if at the time there is no President Judge,
then the senior active Judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Township Engineer nor any
professional engineer who has been retained by or performed services
for the Township or the applicant within the preceding five years.
(5)
The fee of the appointed professional engineer for
determining the reasonable and necessary expenses shall be paid by
the applicant if the amount of payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Township shall pay the fee of the professional engineer,
but otherwise the Township and the applicant shall each pay 1/2 of
the fee of the appointed professional engineer.
A.
In the event that the application for final approval
has been filed, together with all drawings, specifications and other
documents in support thereof and as required by this article and the
official written communication of tentative approval, the Township
shall, within 45 days of such filing, grant such development plan
final approval.
B.
One copy of all final plans shall be transmitted forthwith
upon submission by the developer to the Township Planning Commission
for review and comment within the forty-five-day review period.
C.
In the event that the development plan as submitted
contains variations from the development plan given tentative approval,
the Board of Supervisors may refuse to grant final approval and shall,
within 45 days from the filing of the application and final approval,
so advise the landowner in writing of said refusal, setting forth
in said notice the reasons why one or more of said variations are
not in the public interest. In the event of such refusal, the landowner
may either:
(1)
Refile his application for final approval without
the variations objected; or
(2)
File a written request with the Board of Supervisors
that it hold a public hearing on his application for final approval.
If the landowner wishes to take either such alternate action, he may
do so at any time within which he shall be entitled to apply for final
approval or within 30 additional days if the time for applying for
final approval shall have already passed at the time when the landowner
was advised that the development plan was not in substantial compliance.
In the event that the landowner shall fail to take either of these
alternate actions within said time, he shall be deemed to have abandoned
the development plan. Any such public hearing shall be held pursuant
to public notice within 30 days after the request for the hearing
is made by the landowner and the hearing shall be conducted in the
manner prescribed in this article for public hearings on applications
for tentative approval. Within 30 days after the conclusion of the
hearing, the Board of Supervisors shall by official written communication
either grant final approval to the development plan or deny final
approval. The grant or denial of final approval of the development
plan shall, in cases arising under this section, be in the form and
contain the findings required for an application for tentative approval
set forth in this article.
A development plan or any part thereof which
has been given final approval for development in the R-1 or R-2 District
shall be so certified without delay by the Township Secretary as directed
by the Board of Supervisors and shall be filed forthwith in the office
of the Recorder of Deeds of Beaver County before any development shall
take place in accordance therewith. Upon the filing of record of the
development plan, the zoning and subdivision ordinances otherwise
applicable to the land included in such plan shall cease to apply
thereto.
In the event that a development plan or a section thereof is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been given final approval 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 within such reasonable period of time as may be fixed by this article after final approval has been granted, future development on the property included in the development plan shall cease until the property is resubdivided in accordance with the rules and regulations of Chapter 180, Subdivision and Land Development, and applicable provisions of this chapter.
A.
Issuance of permits and all matters pertaining to
administration of the plan as given final approval shall be the responsibility
of the Township Zoning Officer.
B.
Upon application of the landowner showing compliance
with the requirements of final approval, the Zoning Officer shall
issue permits for construction pursuant to the plan or any section
thereof.
C.
The provisions of this article, as amended, governing
administration shall be fully applicable to the plan as given final
approval insofar as the provisions thereof are consistent with the
approval. The Zoning Officer shall review the progress and status
and construction of the plan and submit semiannual reports thereon
to the Board of Supervisors in order to assure compliance with the
provisions of this article and the conditions of final approval.
Any decision of the Board of Supervisors granting
or denying tentative or final approval of a development plan for a
planned residential development shall be subject to review and appeal
as provided for in Article X-A of the Pennsylvania Municipalities
Planning Code (Act 247), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The Board of Supervisors of the Township of
Brighton or any officer of the Township authorized by the Board of
Supervisors, in addition to other remedies, may institute in the name
of the Township of Brighton any appropriate action or civil proceeding
to prevent, restrain, correct or abate in or about premises proposed,
intended, declared or approved as a planned residential development
any act, business, use, construction, sale or disposal in contravention
of the provisions of this Article or in advance of any approval first
required to be obtained.
