A.
The planned residential development (PRD) is a land
development, comprehensively planned as a single entity by way of
a unitary site plan which permits flexibility in building siting,
mixtures of housing types and specified land uses , usable open spaces,
an efficient and safely designed circulation system, and the preservation
of significant natural features.
B.
It is the purpose of this article to establish regulations
for the use of land and structures, areas and lots, bulk of buildings,
amount and kind of open space land, the provision of off-street parking
and other similar accessory regulations for planned residential development,
in accordance with Pennsylvania Act No. 247, as amended, 1972, the
Pennsylvania Municipalities Planning Code (53 P.S. §§ 10701
through 10713). This article's purpose is to provide for design and
development with modifications to the normal lot size, building frontage
and setback requirements of the typical zoning districts. However,
in this innovative type of development, minimum requirements are established
to insure that each living unit has proper light and air, appropriate
open space, is properly connected to public facilities, and has appropriate
access to public ways. It is also intended to insure the conservation
and protection of natural features.
[Amended 9-9-2002 by Ord.
No. 3-2002]
The planned residential development will not
necessarily correspond in minimum lot size, building area, type of
dwelling unit, density, lot coverage or required open space to any
other residential district zoning ordinance requirements in the region,
unless so noted herein. The use of the land must conform to the zoning
as set forth elsewhere herein.
In order that the purpose of this article is
furthered in an era of increasing urbanization and of growing demands
for housing of all types and design, the following principles form
the basis for this article:
A.
To encourage innovations in residential development
which will provide housing of greater variety in type, design and
site planning, incorporating the conservation of maximum open space
ancillary to said dwellings.
B.
To encourage a more efficient use of land and public
services and to reflect changes in the technology of land development
so that economics secured may benefit the homeowner.
C.
To provide a procedure which can relate the type,
design and layout of residential development to the particular site
as well as the particular demand for housing existing at the time
of development.
To ensure that the increased flexibility of
regulations over land development as authorized herein is carried
out under such administrative standards and procedures as shall encourage
the disposition of proposals for land development without undue delay,
the following review powers are granted to the Planning Commission:
A.
The Planning Commission shall review all planned residential
developments pursuant to the provisions of this article and shall
make recommendations to the Borough Council for approval or disapproval,
in writing.
B.
The Planning Commission shall insure that the applicant
conforms to all requirements, standards, controls and regulations
as set forth herein.
C.
The Planning Commission and the applicant shall comply
with all procedures as set forth herein pertaining to application
and hearings on tentative and final approval of a proposed planned
development by the Borough Council.
D.
With approval of the Planning Commission, commercial
facilities may be permitted, provided such use conforms to the zoning
as set forth elsewhere herein and such facilities primarily service
the residents of a planned residential development.
A.
For S and R1 Districts a minimum of five acres for
consideration of a PRD is required.
A.
The average or overall density for all types of combined dwelling units shall not exceed seven dwelling units per gross acre in S and R1 Districts, 12 dwelling units per gross acre in R2 Districts, and 15 dwelling units per gross acre in R3 Districts for the entire planned residential development, except that higher densities may be allowed in accordance with the bonus provisions of Subsection D.
[Amended 9-9-2002 by Ord.
No. 3-2002]
C.
Open space.
(1)
A minimum of 20% common open space land, based on
gross site, shall be maintained. Building and paving coverage shall
not exceed 40% of the gross site or, in the event of phased development,
of the partial site.
(2)
Of the minimum 20% of the total gross project area
to be devoted to common open space, a maximum of 50% may be areas
covered by water.
(3)
Landscaped roof 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 roof 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)
Structures and facilities for parking and traffic
circulation are not to be considered in determining open space. Paths,
improved or unimproved, for pedestrian movement or bicycles, may be
counted toward the common space required.
D.
Density bonus.
(1)
Open space reservation shall be considered for density
increases according to the following provision:
(a)
The first and second acre of common open space
per 10 acres of gross, if improved, permits a maximum increase of
10% each acre; if unimproved, 6 2/3% each.
(b)
Each additional acre of common open space per
10 acres of gross, if improved, permits a maximum increase of 3%;
if unimproved, 2% is allowed.
(2)
Character identity, and architectural and siting variation
incorporated in a development shall be considered cause for density
increases not to exceed 20%, provided these factors make a substantial
contribution to the objectives of a planned residential development.
The degree of distinctiveness and the desirable variation achieved
shall govern the amount of density increase which the Planning Commission
may approve. Such variations may include, but are not limited to,
the following:
(a)
Landscaping (a maximum increase of 10%); streetscape;
open spaces and plazas; use of existing landscape; pedestrian way
treatment; and recreational areas.
(b)
Siting (a maximum increase of 5%); visual focal
points; use of existing physical features such as topography; view;
sun and wind orientation; circulation pattern; physical environment;
variation in building setbacks; and building groups (such as clustering).
(c)
Design features (a maximum increase of 5%);
street sections; architectural styles; harmonious use of materials;
parking areas broken by landscape features; and varied use of building
types.
(3)
For the removal of deteriorating residential structures
occupying the planned residential development site, a maximum density
increase of 15%.
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 wherever 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 deemed necessary.
F.
A general landscaping plan, and a general erosion
control and sedimentation plan shall be required at the time of initial
submission. Detailed plans, once the site plan has been approved,
may be required by the Planning Commission.
A.
Site considerations.
(1)
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.
(2)
All dwelling units shall be sited so as to enhance
privacy and to insure natural light for all principal rooms.
(3)
Variations in setbacks shall be provided where necessary
to create a more pleasing site design.
(4)
No building shall sit closer to an adjacent structure
than 1/2 the height of the taller building, or closer to its lot line
than 1/2 the height of the structure.
(5)
Dwelling units and other facilities near the periphery
of the planned residential development shall be designed so as to
be harmonious with contiguous neighboring areas.
(6)
No structure shall be within 25 feet of the right-of-way
of an access road, or within 20 feet of parking areas.
(7)
No structure shall be less than 50 feet from the property
lines at the perimeter of the development and a planting strip of
at least 20 feet shall be provided along all property lines at the
perimeter of the development where necessary to protect the privacy
of neighboring residents.
(8)
If, within the planned residential development, a
proposal is made to construct single-family dwellings or two-family
dwellings adjacent to multiple-family dwellings of any type, a minimum
of a fifty-foot buffer zone, exclusive of streets or rights-of-way,
shall be provided between such differing types of dwelling units.
Said buffers shall be densely landscaped to differentiate housing
types.
B.
Height. All structures shall conform to the height
requirements of the district in which the lot is located.
C.
Parking.
(1)
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 inconveniences.
(2)
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.
(3)
Parking for nonresidential purposes shall be provided
appropriate to the type of nonresidential use, as deemed adequate
by the Planning Commission.
(4)
All parking areas shall be adequately lighted. All
such lighting shall be so arranged as to direct the light away from
adjoining residences.
D.
Circulation.
(1)
Principle vehicular access points shall be designed
to permit smooth traffic flow with controlled turning movements and
minimum hazards to vehicular or pedestrian traffic. Local streets
within planned residential developments shall not be connected to
streets outside the development in such a way as to encourage their
use by through traffic.
(2)
Planned residential developments will be so located
with regard to major thoroughfares and uses outside the district that
traffic congestion will not be created by the proposed development
or will be obviated by presently projected improvements and that uses
adjacent to such thoroughfares will not be adversely affected.
(3)
Pedestrian circulation systems and related walkways
shall be insulated completely and as reasonably as possible from the
vehicular street system in order to provide separation of pedestrian
and vehicular movement. This shall include, when deemed necessary
by the Planning Commission, pedestrian underpass or overpass in the
vicinity of schools, playgrounds, commercial areas, and other uses
which generate a considerable amount of pedestrian traffic.
(4)
All commercial land uses within a planned residential
development shall have direct access to a collector or primary street,
especially where large parking areas are included.
A.
Location of common open space. 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 highly accessible to all the
residents.
B.
Ownership of common open space.
(1)
There shall be provisions which insure that the common
open space land shall continue as such and be properly maintained.
The developer shall either:
(a)
Dedicate such land to public use if the Borough
or another public agency has indicated it will accept such dedication;
(b)
Retain ownership and responsibility for maintenance
of such open space land; or
(c)
Provide for and establish one or more organizations
for the ownership and maintenance of all common open space.
If a homeowners' association or open space trust
is formed, it shall be governed according to the following regulations:
A.
The organization must be set up by the developer before
the sale of any lots within the development, and, if necessary, it
must operate with financial subsidy by the developer.
B.
Membership in the organization is mandatory for all
purchasers of homes therein and their successors.
C.
The organization shall be responsible for maintenance,
insurance and taxes on common open space.
D.
The members of the organization shall share equitably
the costs of maintaining and developing common open space, in accordance
with procedures established by them.
E.
The organization shall have or hire staff to administer
common facilities and maintain the common open space.
F.
In the event that the organization established to
own and maintain a common open space or any successor organization
shall at any time after establishment of the homeowners' association
fail to maintain the common open space in reasonable order and condition
in accordance with the development plan, the Borough Council may serve
written notice upon such organization or upon the residents and owners
of the 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 cured within 30 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
At such hearing, the Borough Council may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be cured. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within said
30 days or any extension thereof, the Borough Council, in order to
preserve the taxable values of the properties within the development
and to prevent the common open space from becoming a public nuisance,
may enter upon said common open space and maintain the same for a
period of one year. Said entry and maintenance shall not vest in the
public any rights to use the common open space except when the same
is voluntarily dedicated to the public by the residents and owners.
Before the expiration of said year, the Borough Council shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space call a public
hearing upon notice to such organization, or to the residents and
owners of the development, to be held by the Borough Council, at which
hearing such organization of the residents and owners of the development
shall show cause why such maintenance by the Borough shall not, at
the election of the Borough, continue for a succeeding year. If the
Borough Council shall determine that such organization is ready and
able to maintain said common open space in reasonable condition, the
Borough 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 Borough
Council in any such case shall constitute a final administrative decision
subject to judicial review. The cost of such maintenance by the Borough
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 tax lien on said properties. The Borough,
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 Allegheny County, upon the properties affected
by such lien within the development.
Developer may construct a planned residential
development in stages 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 stage.
B.
At least 20% of the dwelling units in the planned
residential development given tentative approval shall be included
in the first stage.
C.
At least 50% of the dwelling units in any stage shall
be rented or sold before any commercial development shown in that
stage can commence.
D.
The second and subsequent stages shall be consistent
with the tentatively approved plan. In no event shall the second or
any subsequent stages contain less than 20% of the dwelling units
receiving tentative approval.
E.
Gross residential density may be varied from stage
to stage. However, final approval shall not be given to any stage
if the net density of the area which includes stages already finally
approved and the stage 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 stages 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.
A.
Application for tentative approval:
(1)
The application for tentative approval shall be executed
by or on behalf of the landowner and filed with the Municipal Secretary.
An initial deposit in the amount to be determined by the Council shall
be paid upon filing of the application to defray the cost of processing
the plan.
[Amended 9-9-2002 by Ord.
No. 3-2002]
(2)
The application for tentative approval shall include
documentation illustrating compliance with all of the standards for
planned residential development as set forth in this chapter, and
where necessary the Borough Council, or the Planning Commission, shall
order such additional documentation as they may deem necessary to
add them in their review.
(3)
Required documentation shall include but not be limited
to documents illustrating the following:
(a)
The location and size of the area involved,
and adjoining areas; and the nature of the landowner's interest in
the planned residential development;
(b)
The proposed use areas and the net residential
and commercial density of each proposed land use;
(c)
The location, function, size, ownership, and
manner of maintenance of the common open space;
(d)
The use and the approximate height, bulk, and
location of buildings and other structures;
(e)
Location and size of all lots;
(f)
Information showing the feasibility of proposals
for off-site sewer service;
(g)
Utility systems;
(h)
The substances of covenants, grant of easements,
or other restrictions to be imposed upon the use of land, buildings
and structures including proposed grants and/or easements for public
utilities;
(i)
The provision for parking of vehicles and location,
rights-of-way and cartway widths of proposed streets and public ways;
(j)
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 final approval.
(k)
The application shall, insofar as possible,
indicate compliance with the provisions set forth herein, governing
the requirements for final approval.
(4)
Application for tentative approval shall also include
but not be limited to the following documents:
(a)
Plans at one inch equals 100 feet or larger
of existing natural features of the land including topography, vegetation,
drainage and soils;
(b)
A site plan showing approximate locations of
lots, buildings, roads, parking areas at one inch equals 100 feet;
(c)
A plan at one inch equals 100 feet delineating
common open space indicating size, nature of facilities, structures,
if any, and uses;
(d)
A plan at one inch equals 100 feet delineating
approximate locations , street types , right-of-way and cartway widths;
(e)
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 Borough
Council.
(f)
A plan illustrating connection to public utilities,
streets and rights-of-way accompanied by documentation as to the impact
of the proposed development on said public utilities, streets and
rights-of-way;
(g)
A plan illustrating the relation of the proposed
planned residential development to the Borough accompanied by documentation
indicating the social and economic impact of the development on the
Borough.
(5)
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 intent of the Comprehensive Plan.
(6)
The applicant shall submit 12 copies of all information
required for tentative approval to the Municipal Secretary.
(7)
One copy of every application for tentative approval
received by the Municipal Secretary shall be promptly forwarded to
the Planning Commission for study and recommendation.
(8)
Eight copies of every application for tentative approval
received by the Borough shall be promptly forwarded to the Allegheny
County Planning Commission for study and recommendation. The County
Planning Commission shall review and report within 30 days of referral.
[Amended 9-9-2002 by Ord.
No. 3-2002]
(9)
One copy of every application for tentative approval
received by the Municipal Secretary shall be promptly forwarded to
the Municipal Engineer and/or Planner for technical study and recommendation.
The Engineer and/or Planner shall review and report to the Planning
Commission within 30 days of referral.
B.
Public hearing.
(1)
Within 60 days after the filing of an 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 Borough Council. The Chairman or
President or, in his absence, the Acting Chairman or President of
the Council 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.
(2)
A verbatim record of the hearing shall be caused to
be made by the Borough Council whenever such records are requested
by any party to the proceedings; but the cost of making and transcribing
such a record shall be borne by the party requesting it and the expense
of copies of such record shall be borne by those who wish to obtain
such copies. 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.
C.
Report of findings on application for tentative approval.
(1)
Determination by Council.
(a)
The Borough Council within 60 days following the conclusion of the public hearing provided for in Subsection B shall, by official written communication to the landowner, either:
[Amended 9-9-2002 by Ord.
No. 3-2002]
(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 to the Borough Council
notify said Council of his refusal to accept all said conditions,
in which case, the Council shall be deemed to have denied tentative
approval of the development plan. In the event the landowner does
not, within said period, notify the Council of his refusal to accept
all said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
(2)
The grant or denial of tentative approval by the Borough
Council 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 what respects
the development plan would or would not be in the public interest
including but not limited to findings of fact and conclusions on the
following:
(a)
In those respects in which the development plan
is or is not consistent with the intent of the Comprehensive Plan;
(b)
The extent to which the development plan departs
from zoning and subdivision regulations otherwise applicable to the
subject property, including but not limited to density, bulk and use,
and the reasons why such departures are or are not deemed to be in
the public interest;
(c)
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 density
and type of residential development;
(d)
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;
(e)
The relationship, beneficial or adverse, of
the proposed planned residential development to the neighborhood in
which it is proposed to be established; and
(f)
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.
(3)
In the event a development plan is granted tentative
approval, with or without conditions, the Borough Council 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.
D.
Status of plan after tentative approval.
(1)
The official written communication provided for in Subsection C of this chapter shall be certified by the Secretary of the Borough and shall be filed in his office, and a certified copy shall be mailed to the landowner.
(2)
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 be 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 Borough pending an application or applications for
final approval, without the consent of the landowner, 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 landowner
shall elect to abandon said development plan, the landowner shall
so notify the Borough Council in writing or in the event the landowner
shall fail to file application or applications for final approval
within the required period of time or times, as the case may be, the
tentative approval shall be deemed to be revoked and all that portion
of the area included in the development plan for which final approval
has not been given shall be subject to those local ordinances otherwise
applicable thereto as they may be amended from time to time.
E.
Application for final approval. 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 Municipal Secretary and within
the time or times specified by the official written communication
granting tentative approval. A second deposit in the amount to be
determined by the Council shall be paid upon filing of the application
to defray the cost of processing the plan. If the application for
final approval is in compliance with the tentatively approved development
plan, a public hearing need not be held.
[Amended 9-9-2002 by Ord.
No. 3-2002]
F.
Specifications for application for final approval.
The application for final approval shall contain the following data
and be presented using the following format:
(1)
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.
(2)
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.
(3)
Shall be drawn to a scale of one inch equals 100 feet
or larger.
(4)
Shall contain a title block in the lower right corner
with the following:
(a)
Name under which the development is to be recorded.
(b)
Date of plat, graphic scale, North arrow and
location of development.
(c)
Name(s) and address(es) of the owner(s) and
signed certification of ownership including deed book number and page.
(d)
Name, address and seal of the registered engineer
or the surveyor preparing the plat.
(5)
Shall be drawn according to the following drafting
instructions:
(a)
Outside of final plan area.
[1]
Streets and other rights-of-way by medium solid
lines.
[2]
Property lines of adjacent subdivision by medium
dashed and two dotted lines.
[3]
Lot lines by light dotted lines.
[4]
Restriction lines, easements and other reserved
areas by light dashed lines.
[5]
The total perimeter of the land included for
final approval by a heavy solid line.
(6)
Primary control points approved by the Engineer or
description and ties to which all dimensions, angles, bearings and
similar data shall be referred.
(7)
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, bearings or deflection
angles, radii, arcs and central angles of all curves.
(8)
Name and right-of-way and cartway width of each street
or right-of-way.
(9)
Location, dimensions and purpose of all easements.
(10)
Number to identify each lot or site.
(11)
Purpose for which sites other than residential
are to be dedicated.
(12)
Building line on all lots and sites.
(13)
Location and description of all monuments shall
be solid steel pins, no less than 1/2 inch in diameter and 30 inches
long.
(14)
Names, deed book number and page of record owners
of adjoining land.
(15)
Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(16)
Statement by the owner dedication streets, rights-of-way
and sites for public use.
(17)
Protective covenants in form suitable for recording.
(18)
Tract closures and block closures shall be required
with an allowable error of 1:10,000.
(19)
A final grading plan with contours at vertical
intervals to 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%.
(20)
Datum to which contour lines refer.
(21)
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.
(22)
Watercourses, culverts, bridges, drains and
areas subject to inundation on a fifty- and one-hundred-year frequency
basis.
(23)
Water lines, fire hydrants, etc., shall be planned,
designed, and built according to the requirements, procedures , and
specifications of the Allegheny County Sanitary Authority (ALCOSAN)
and/or Western Pennsylvania Water Company.
(24)
Utilities, existing and planned, together with
possible connections thereto.
(25)
Subsurface soil, geological and hydrologic condition
of the tract.
(26)
Sidewalks and crosswalks.
(27)
Typical cross sections and profiles of roadways
and sidewalks.
(28)
Lot lines with bearings and dimensions.
(29)
General drainage plan for stormwater in relation
to natural channels with capacity to accommodate fifty- and one-hundred-year
frequency flood.
(30)
A plan of the proposed water distribution system
including the sizes of water pipes and the location of valves and
fire hydrants.
(31)
A plan of the proposed sanitary sewage collection
system.
(32)
Location and size of all structures.
(33)
Architectural sketches or elevations of all
major structures (i.e., commercial buildings and multifamily dwellings).
(34)
Landscaping plan.
(35)
Such other certificates, affidavits, endorsements
or dedications as may be required in the enforcement of this chapter.
(36)
Sewers shall be planned, designed, and built
according to the requirements, procedures, and specifications of the
municipal construction codes and specifications.
G.
Completion of improvements guarantee.
(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 chapter have been installed in accordance with this chapter.
In lieu of the completion of said improvements, a corporate bond or
other security approved by the Borough Council in the amount sufficient
to cover the costs of those improvements not completed but required
shall be deposited with the Borough. 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 section
for which final approval is sought as well as all other improvements
which the Council finds essential for the protection or proper overall
development of any finally approved section of the planned residential
development.
(2)
Release from improvement bond.
(a)
When the developer has completed all of the
necessary and improvements, the developer shall notify the Borough
Council by certified or registered mail of the completion of the aforesaid
improvements and shall send a copy thereof to the Municipal Engineer.
The Council shall within 10 days after receipt of such notice, direct
and authorize the Engineer to inspect all of the aforesaid improvements.
The Engineer shall, thereupon, file a report, in writing, with the
Council 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 Engineer of the aforesaid authorization
from the Council; 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 Municipal Engineer, said report shall
contain a statement of reasons for such nonapproval or rejection.
(b)
The Borough Council shall notify the developer
in writing by certified or registered mail of their action with relation
thereto.
(c)
If the Borough 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 guarantee bond or other security
agreement.
(d)
If any portion of the said improvements shall
not be approved or shall be rejected by the Borough Council, the developer
shall proceed to complete the same and upon completion, the same procedure
of notification, as outlined herein, shall be followed.
H.
Action on final plan.
(1)
In the event the application for final approval has
been filed, together with all drawings, specifications and other documents
in support thereof, and as required by this chapter and the official
written communication of tentative approval, the Borough shall, within
45 days of such filing, grant such development plan final approval.
[Amended 9-9-2002 by Ord.
No. 3-2002]
(2)
One copy of all final plans shall be transmitted forthwith
upon submission by the developer to the Planning Commission for review
and comment within the forty-five-day review period.
[Amended 9-9-2002 by Ord.
No. 3-2002]
(3)
In the event the development plan as submitted contains
variations from the development plan given tentative approval, the
Borough Council may refuse to grant final approval and shall, within
45 days from the filing of the application for 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:
[Amended 9-9-2002 by Ord.
No. 3-2002]
(a)
Refile his application for final approval without
the variations objected; or
(b)
File a written request with the Council 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 tine 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 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 request for the hearing is made
by the landowner, and the hearing shall be conducted in the manner
prescribed in this chapter for public hearings on applications for
tentative approval. Within 30 days after the conclusion of the hearing,
the Council 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
chapter.
I.
Recording and effect thereof. A development plan,
or any part thereof, which has been given final approval shall be
so certified without delay by the Borough Council and shall be filed
forthwith in the office of the Recorder of Deeds of Allegheny 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. Pending completions within a reasonable
time of said planned residential development or of that part thereof,
as the case may be, that has been finally approved, no modification
of the provisions of said development plan, or part thereof, as finally
approved, shall be made except with the mutual consent of the landowner
and Borough Council.
J.
Abandonment of development. 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 finally approved, and shall so notify the Borough Council in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by ordinance 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 163, Subdivision and Land Development, and this chapter of the Borough.
