Township of Upper Burrell, PA
Westmoreland County
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A. 
The purpose of these planned residential development (PRD) regulations is to permit residential development that is more creative and imaginative than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical and efficient use of the land while providing a compatible blend of housing types, amenities and community facilities of high quality, oriented to the specific development site and preserving the natural scenic qualities of open space.
B. 
Each planned residential development should be designed to accomplish the following:
(1) 
A maximum choice in the types of living environments.
(2) 
Open space and recreation areas directly related to the intended users.
(3) 
A pattern of development that preserves trees, outstanding natural topography and geological features and prevents soil erosion.
(4) 
A creative approach to the use of land and related physical development.
(5) 
An efficient use of land, resulting in smaller networks of utilities and streets and lower housing costs.
(6) 
An environment of stable character in harmony with surrounding development.
(7) 
A more desirable environment than would be possible through the strict application of other articles of this chapter.
The provisions of this article for approval of a planned residential development shall be a modification to and in lieu of procedures and criteria for approvals otherwise required in this chapter and Chapter 292, Subdivision and Land Development. Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
A. 
Site area. In the I Industrial District, the minimum site required for a planned residential development (PRD) shall be 30 acres. In the R-A and R-1 Districts, the minimum site required for a planned residential development (PRD) shall be 20 acres. In the CC District, the minimum site required for a planned residential development (PRD) shall be 10 acres.
B. 
Site ownership. The site proposed for a planned residential development (PRD) shall be under single ownership and control. Prior to submitting an application for tentative approval, the applicant shall demonstrate that he is the landowner, as defined by this chapter. Legal, as well as equitable, ownership shall be demonstrated coincident with approval of the final development plan.
C. 
Dwelling units authorized.
(1) 
One or more of the following dwelling unit types may be included in a planned residential development (PRD):
Single-family detached dwelling
Single-family attached dwelling
Two-family dwelling
Townhouse
Garden apartment
(2) 
Within a planned residential development (PRD) that proposes a mix of dwelling unit types, a single phase of the planned residential development (PRD) may contain only one dwelling unit type. Each phase that contains a different dwelling unit type shall be accessed from the principal circulation system within the planned residential development (PRD) and not via local streets within any phase that contains a different dwelling unit type. The plan shall be designed to provide existing natural buffers or landscaped buffers between phases containing different dwelling types.
D. 
Recreational and other common facilities for the residents.
(1) 
In addition to the residential uses permitted in a planned residential development (PRD), recreation facilities designed for the use of the residents of the planned residential development (PRD) shall be permitted, including, but not limited to: hiking, biking or exercise trails; tennis, paddle tennis, basketball, volleyball or other playing courts; swimming pool and related facilities; picnic pavilions; other passive and low-impact active recreational uses deemed appropriate to the needs and interests of the proposed residents of the planned residential development (PRD) by the Board of Supervisors.
(2) 
Passive recreation facilities may be provided within the common open space. The area proposed for low-impact active recreation shall be provided based on the ratio of 500 square feet per dwelling unit. The total area devoted to low-impact active recreation shall be located within the common open space. The specific facilities proposed shall be subject to approval by the Township based on the anticipated needs of the residents.
E. 
Maximum dwelling unit density.
(1) 
Regardless of whether a planned residential development (PRD) is comprised of a mix of dwelling unit types or a single dwelling unit type, the maximum dwelling unit density shall be calculated based on the zoning district in which the planned residential development (PRD) is proposed, as follows:
R-A District
4 units per acre
R-1 District
6 units per acre
I District
10 units per acre
CC District
16 units per acre
(2) 
Dwelling unit density shall be calculated using the gross site area, excluding any areas of the site having slopes of 25% or greater.
F. 
Minimum lot area.
(1) 
In no case shall the minimum lot area required for a single-family detached dwelling or two-family dwelling proposed in a planned residential development (PRD) be reduced to less than the following minimum lot areas based on the zoning district in which the planned residential development (PRD) is proposed:
Dwelling Type
Zoning District
Minimum Lot Area
(square feet)
Single-family detached dwelling
R-A or R-1
15,000
Single-family detached dwelling
I or CC
9,000
Two-family dwelling
R-A or R-1
20,000 (10,000 square feet per unit)
Two-family dwelling
I or CC
15,000 (7,500 square feet per unit)
(2) 
There shall be no minimum lot area required for single-family attached dwellings, townhouses and garden apartments, provided all other applicable requirements of this article are met.
G. 
Minimum building setback on the perimeter of the planned residential development (PRD) site. In all zoning districts where planned residential development (PRD) is authorized, no garden apartment or townhouse shall be located closer to any boundary of the planned residential development (PRD) site than 75 feet. All other structures shall be located at least 50 feet from the boundary of the planned residential development (PRD) site. No accessory structure and no off-street parking shall be located in this required perimeter setback area.
H. 
Internal setbacks and distance between buildings.
(1) 
Where each residential building is proposed on a separate lot. Regardless of dwelling unit type, where each residential building is proposed on a separate lot, the following regulations shall apply:
(a) 
The minimum required front yard setback from a public or private street shall be 20 feet.
(b) 
The minimum required rear yard for all principal and accessory structures shall be 20 feet. Decks, porches and other architectural projections shall comply with § 350-98 governing permitted projections.
(c) 
Where attached dwelling units are proposed to be subdivided along common walls, a zero side yard shall be permitted along the common walls, provided the exterior wall of the residential building is set back a minimum of five feet on one side of the lot with a combined total of two side yards on the lot equaling not less than 20 feet, provided that, in every case, the total distance between proposed structures on adjacent lots shall be not less than 20 feet.
(2) 
Where two or more buildings occupy the same lot.
(a) 
Where two or more residential buildings, regardless of dwelling type, occupy the same lot, the following distances between principal buildings shall be maintained:
[1] 
Front to front: 60 feet.
[2] 
Front to rear: 60 feet.
[3] 
Front to side: 40 feet.
[4] 
Rear to side: 40 feet.
[5] 
Rear to rear: 40 feet.
[6] 
Side to side: 20 feet.
(b) 
The minimum required front yard setback from a public or private street shall be 20 feet.
I. 
Buffer areas.
(1) 
Buffer Area "A," as described in § 350-96A of this chapter, shall be provided along all property lines on the perimeter of a planned residential development (PRD) site adjoining any R-A, R-1, R-2, or R-3 District.
(2) 
Buffer Area "B," as described in § 350-96A of this chapter, shall be provided along all other property lines on the perimeter of a planned residential development (PRD).
(3) 
Buffer Area "C," as described in § 350-96A of this chapter, shall be required along all property lines within the planned residential development (PRD) site that separate single-family detached dwellings in the planned residential development (PRD) from single-family attached, two-family, townhouse or garden apartment dwellings. Where these units are separated by a public or private street right-of-way, a buffer area shall not be required.
(4) 
All buffer areas shall be incorporated in the common open space and shall not be permitted to be part of any individual lot in the planned residential development (PRD).
J. 
Modifications to otherwise applicable zoning and subdivision regulations.
(1) 
The design and construction standards of Chapter 292, Subdivision and Land Development, shall apply to all public and private improvements proposed in a planned residential development (PRD) unless a waiver or modification is granted by the Board of Supervisors in accordance with the procedure for granting waivers and modifications specified in Chapter 292, Subdivision and Land Development.
(2) 
The Board of Supervisors may also consider modifications to any provision of the otherwise applicable regulations of the zoning district in which the planned residential development (PRD) site is located; however, modifications to the provisions of this article specifying standards for a planned residential development (PRD) shall not be modified except if a variance is granted by the Zoning Hearing Board upon the Board's determination in accordance with § 350-129 of this chapter that physical hardship exists. The Board of Supervisors, in considering modifications to the otherwise applicable zoning district regulations, shall determine whether the proposed modification contributes to a more beneficial use of the site, preserves natural features and results in a plan that is harmoniously related to the site characteristics.
(3) 
If the applicant proposes any modifications to the provisions of this article, such request for modification shall be in writing and shall accompany and be a part of the application for tentative and/or final approval. Such written request shall specify the chapter section from which a modification is requested and shall state the grounds for the request, the unreasonable hardship on which the request is based and the minimum modification necessary to relieve the hardship.
(4) 
Whenever a request for modification is granted or denied, the reasons for such grant or denial shall be stated within the official written communication to the landowner. The grant of a modification request may be subject to reasonable conditions designed to promote the purposes set forth in this article.
(5) 
All modifications granted shall be noted on the plat for recording. The modified area and bulk regulations approved for each lot or dwelling type shall be noted also.
A. 
Access and traffic control. If a planned residential development (PRD) contains townhouses or garden apartments, the site of a planned residential development (PRD) shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter. The projected traffic volumes associated with the proposed planned residential development (PRD) shall be capable of being accommodated by the adjacent street network. The site proposed for a planned residential development (PRD) shall have a minimum of two means of ingress and egress from the existing street network.
B. 
Traffic impact study. The developer shall submit a traffic impact study prepared in accordance with the requirements specified in Chapter 292, Subdivision and Land Development. The traffic impact study shall identify the traffic impact of the proposed planned residential development (PRD) and the recommendations to mitigate those impacts, as warranted. Ingress and egress to and from the site shall be designed to comply with the design standards of Chapter 292, Subdivision and Land Development.
C. 
Sidewalks. Sidewalks shall be provided on at least one side of every street in the planned residential development (PRD). Sidewalks shall be constructed in accordance with the requirements of Chapter 292, Subdivision and Land Development, and construction specifications.
D. 
Public water and sewer service. All dwelling units and other principal structures in a planned residential development (PRD) shall be connected to a public water supply and public sanitary sewer service or community sewage treatment system approved by the Pennsylvania Department of Environmental Protection (PA DEP).
E. 
Storm drainage. The developer shall provide a storm drainage system within a planned residential development (PRD) that shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the planned residential development (PRD) and shall be so constructed to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and Chapter 280, Stormwater Management.
A. 
Areas required.
(1) 
Common open space shall comprise at least 20% of the total gross site area of the planned residential development (PRD).
(2) 
Of the required open space area, not more than 50% may be covered by water. Stormwater management facilities may be included in the common open space, but shall not be considered to be areas covered by water.
(3) 
Recreational facilities or structures and their accessory uses located in common open space areas shall be considered improved open space as long as the total impervious surface area constitutes no more than 5% of the total common open space.
(4) 
No more than 50% of the required open space area shall be in excess of a 25% slope.
(5) 
To the extent feasible, steep slopes, streams, lakes, ponds, woodlands and other environmentally sensitive areas shall be incorporated into the common open space.
(6) 
Required buffer areas shall be included in the common open space and shall be maintained in perpetuity by the organization created to own and maintain the common open space. Restrictive covenants and/or provisions in the organization's bylaws shall specify this responsibility.
(7) 
At least 40% of the minimum required common open space (that is, 20% of the gross site area) shall be suitable for active recreation, and shall have slopes of 15% or less. This common open space shall be located on a portion of the site that is easily accessible by pedestrians. The actual amount of this common open space that is developed for active recreation shall be subject to approval by the Township in accordance with the provisions of § 350-84D. If the developer proposes to reserve common open space in excess of the minimum required 20% of the gross site area, this Subsection A(7) shall not apply to the common open space in excess of the minimum requirement.
B. 
Protection of common open space. Common open space in a planned residential development (PRD) shall be protected by adequate covenants running with the land or by conveyances or dedications. Said covenants shall restrict the further subdivision of the common open space. A planned residential development (PRD) shall be approved subject to the submission of a legal instrument or instruments setting forth a plan for the permanent preservation, care and maintenance of such common open space, recreational areas and other facilities owned in common by an organization established for such purposes. No such instrument shall be acceptable until approved by the Board of Supervisors, upon recommendation of the Township Solicitor, as to legal form and effect. In cases where the Township will not be accepting dedication of streets, recreation areas or common open spaces, the developer shall create an organization or trust for ownership and maintenance of the common open space and common facilities.
C. 
Common open space maintenance. In the event that the organization established to own and maintain the common open space, or any successor thereto, shall at any time after establishment of the final development plan fail to maintain the common open space, including all streets, driveways and recreational facilities, in reasonable order and condition in accordance with the development plan granted final approval, the Township may take remedial action to cause the common open space and common facilities to be properly maintained, as provided for in § 705(f) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10705(f).
The planned residential development (PRD) provisions of this chapter shall be administered by the Board of Supervisors. The Planning Commission shall review all applications on the basis of the standards specified in this article and make a recommendation to the Board of Supervisors. The Board of Supervisors shall conduct the public hearings required by the Pennsylvania Municipalities Planning Code and shall have the final authority to approve, approve with conditions or disapprove a planned residential development (PRD).
A. 
Preapplication conference.
(1) 
Prior to filing an application for tentative approval, the applicant or his representative may meet with the Township Secretary and/or Zoning Officer to obtain application forms and to discuss application procedures and applicable ordinance requirements.
(2) 
In addition, the developer may request a preapplication conference with the Planning Commission to discuss the conceptual design for the development of the property and the feasibility and timing of the application. The applicant shall contact the Township Secretary or his/her designated representative at least five calendar days prior to the regular meeting of the Planning Commission to request a preapplication conference with the Planning Commission.
(3) 
The preapplication conference with the Planning Commission is voluntary and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.
(4) 
While no formal application is required for a preapplication conference, the applicant should provide one copy of readily available information with the request for a preapplication conference which shows the location of the property and any special features such as streams, floodplains or other conditions that may affect the development of the property. Readily available resources that may be used include the deed for the property, a property survey, the Tax Parcel Maps prepared by the Westmoreland County Assessor's Office, USGS Quadrangle Map showing natural features and topography, the National Flood Insurance Administration (NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation Service Maps of soil types and the U.S. Bureau of Mines coal mine maps.
(5) 
A preapplication conference shall not constitute formal filing of any application for approval of a planned residential development (PRD), shall not bind the Planning Commission to approve any concept presented in the preapplication conference and shall not protect the application from any subsequent changes in ordinance provisions adopted between the preapplication conference and the official date of filing of an application for tentative approval of a planned residential development (PRD) that may affect the proposed development under the terms of this chapter.
B. 
Application for tentative approval. At least 20 calendar days prior to the regular meeting of the Planning Commission, three copies of an application for tentative approval shall be submitted to the Township Secretary. Following initial review and receipt of comments provided by the Township in accordance with Subsection C, the applicant shall submit seven copies of the application for review at the next regular monthly meeting of the Planning Commission. The application shall be in sufficient detail for the Planning Commission to determine compliance with the standards of this article and shall contain, at a minimum, the following information:
(1) 
A legal description of the total tract proposed for development, including a statement of present and proposed ownership.
(2) 
A written statement of planning objectives to be achieved by the planned residential development (PRD) through the particular approach proposed by the developer. The statement shall include a description of the character of the proposed development and its relationship to the immediate area in which it is to be located.
(3) 
A written statement setting forth the reasons why the proposed planned residential development (PRD) would be in the public interest and would be consistent with the Township's Comprehensive Plan.
(4) 
A written statement of the requested modifications to this chapter and the Chapter 292, Subdivision and Land Development, otherwise applicable to the property, if any.
(5) 
A check made payable to the Westmoreland County Planning Commission for the fee required to cover the costs of reviewing the application.
(6) 
A location map that clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.
(7) 
A Traffic Impact Study, meeting the requirements of Chapter 292, Subdivision and Land Development.
(8) 
A development plan prepared at a scale no smaller than one inch equals 50 feet showing the following information:
(a) 
Existing contours at intervals of five feet; watercourses; floodplains; wetlands; woodlands; soils; steep slopes; and other natural features.
(b) 
Proposed lot lines and subdivision plat, if any.
(c) 
The location of all existing and proposed buildings, structures and other improvements, including maximum height, dwelling unit types and dwelling unit density. Preliminary elevations and architectural renderings of proposed buildings, other than single-family detached dwellings, shall be provided.
(d) 
The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space.
(e) 
A tabulation of zoning requirements, including area in steep slopes, density calculation, setbacks, distance between buildings, percentage of open space and other applicable requirements of this article.
(f) 
The existing and proposed vehicular circulation system of local and collector streets, including off-street parking areas required by § 350-110, service areas, loading areas and major points of access from the planned residential development (PRD) to public rights-of-way.
(g) 
The existing and proposed pedestrian circulation system showing, at a minimum, sidewalks on one side of each street, including the relationship between the pedestrian and vehicular circulation systems and proposed treatment for any points of conflict between the two systems.
(h) 
Streetlighting plan, as required by Chapter 292, Subdivision and Land Development.
(i) 
The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
(j) 
Subsurface conditions, including stability.
(k) 
A minimum of three cross-sections showing existing and proposed contours and their relationship to proposed buildings, structures, highways, streets, parking areas, walkways and existing woodlands.
(l) 
A general landscaping plan indicating the treatment and materials proposed to be used in buffer areas and common areas on the site.
(m) 
Evidence of compliance with the environmental performance standards of § 350-95 of this chapter.
(n) 
Information required by the Chapter 292, Subdivision and Land Development, including application filing and application review fees.
(9) 
In the case of development plans that call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.
C. 
Review of application.
(1) 
The Township Engineer shall review the application to determine whether it is complete and properly filed in accordance with all requirements of this chapter. If the Township Engineer determines that the application is not complete and properly filed, written notice shall be provided to the Zoning Officer with a copy to the applicant specifying the defects in the application and the application shall be returned to the applicant for resubmission. If a revised application is resubmitted within 60 days of the date of the written notice from the Township Engineer, another application filing fee shall not be required. Any application submitted after 60 days shall be considered a new application and shall be accompanied by the required application filing fee and application review fee.
(2) 
If the Township Engineer determines that the application is complete and properly filed, the date that the application is first reviewed by the Planning Commission at its next regular meeting shall constitute the official date of filing. Within five days of receipt of a complete and properly filed application, the Zoning Officer shall distribute the application to the Planning Commission for review and recommendation. A copy of the Township Engineer's review comments shall be provided to the Township Planning Commission at least five days prior to the meeting at which the application will be considered. If revisions are required, the applicant shall submit seven copies of the revised application for consideration at the next regular meeting of the Planning Commission.
(3) 
If, during review by the Planning Commission, the applicant revises the application to address comments from the Planning Commission or to demonstrate compliance with this chapter, a new application shall not be required. If, during review by the Planning Commission, the applicant initiates substantive revisions to the application that are not the result of Planning Commission comments and that are not mandated to demonstrate compliance with this chapter, the applicant shall withdraw the application and submit a new application that shall be subject to the payment of the required application filing fee and application review fee.
(4) 
In the event that the Planning Commission tables the application to allow the applicant to address comments or demonstrate compliance with this chapter, the Planning Commission may request that the applicant grant the Board of Supervisors an extension of the sixty-day deadline required by Subsection D to hold the public hearing, if necessary. If the applicant fails to grant such an extension, the Planning Commission may recommend disapproval of the application based on the deficiencies identified. In the case of a recommendation for disapproval, the Planning Commission shall cite the specific requirements of this chapter which have not been met.
(5) 
The Planning Commission shall forward a written recommendation on the application for tentative approval to the Board of Supervisors in time for the Board of Supervisors public hearing required by Subsection D of this chapter.
D. 
Public hearing.
(1) 
Within 60 days following the official date of filing of an application for tentative approval of a planned residential development (PRD) that contains all of the required documentation, a public hearing pursuant to public notice shall be held by the Board of Supervisors. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by first-class mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the notices shall be paid by the applicant.
(2) 
The public hearing shall be conducted in the manner prescribed in Article IX of the Pennsylvania Municipalities Planning Code[1] and all references to the Zoning Hearing Board in Article IX shall apply to the Board of Supervisors. The public hearing or hearings shall be concluded within 60 days of the first hearing.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
(3) 
The Township may offer mediation as an aid in completing these proceedings, provided that, in exercising such an option, the Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 350-133 of this chapter.
E. 
Tentative approval.
(1) 
Within 60 days following the conclusion of the public hearing, or within 180 days after the official date of filing, whichever occurs first, the Board of Supervisors shall, by official written communication, either:
(a) 
Grant tentative approval of the development plan, as submitted;
(b) 
Grant tentative approval of the development plan, subject to specified conditions not included in the development plan as submitted; or
(c) 
Deny tentative approval.
(2) 
Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify the Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event that the 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.
The Board of Supervisors shall grant tentative approval if, and only if, all applicable requirements of this article are met and all of the following criteria are met:
A. 
The proposed application for tentative approval complies with all standards, restrictions, criteria, requirements, regulations and procedures of this article; preserves the community development objectives of this chapter; and is found by the Board of Supervisors to be compatible with the public interest and consistent with the Township's Comprehensive Plan.
B. 
Where the proposed application for tentative approval provides standards that vary from this chapter and Chapter 292, Subdivision and Land Development, otherwise applicable to the subject property, such departure shall promote protection of the environment, and public health, safety and welfare and shall be in the public interest.
C. 
The proposals for the maintenance and conservation of any proposed common open space are reliable and meet the standards of this chapter and the amount and extent of improvements within the common open space are appropriate with respect to the purpose, use and type of the residential development proposed.
D. 
The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.
E. 
The proposed development plan is beneficially related to the immediate area in which it is proposed to be located.
F. 
The proposed development plan will afford adequate protection of natural watercourses, wetlands, topsoil, woodlands, steep slopes and other natural features and will prevent erosion, landslides, siltation and flooding.
G. 
In the case of a development plan that proposes development over a period of years, the terms and conditions thereof are sufficient to protect the interests of the public and of the residents of the planned residential development (PRD) in the integrity of the final development plan.
After the development plan is granted tentative approval by the Board of Supervisors, the developer shall submit seven copies of the application for final approval at least 20 calendar days prior to the regular meeting of the Planning Commission. The final application shall consist of detailed plans for any phase or section of the development plan. No building permit shall be issued until final approval has been granted by the Board of Supervisors for the phase or section in which the proposed development is located. Final approval for any phase or section shall expire if construction is not initiated for the phase or section within one year of the date of final approval of the phase or section by the Board of Supervisors.
A. 
Review of application.
(1) 
The Township Engineer shall review the application to determine whether it is complete and property filed in accordance with all requirements of this chapter. If the Township Engineer determines that the application is not complete and properly filed, written notice shall be provided to the Township Zoning Officer with a copy to the applicant specifying the defects in the application and the application shall be returned to the applicant for resubmission.
(2) 
If the Township Engineer determines that the application is complete and properly filed, the date that the application is received by the Zoning Officer shall constitute the official date of filing. Within five days of receipt of a complete and properly filed application, the Zoning Officer or his/her designated representative shall refer the application to the Township Planning Commission for review and recommendation. A copy of the Township Engineer's review comments shall be provided to the Planning Commission at least five days prior to the meeting at which the application will be considered.
(3) 
The applicant shall submit the application to the Westmoreland County Planning Commission for review and comment subject to payment of the required fee.
(4) 
Within 30 days of receipt of a complete and properly filed application for final approval, the Planning Commission shall forward a written recommendation to the Board of Supervisors.
(5) 
A public hearing on an application for final approval shall not be required, provided the development plan is in compliance with the development plan given tentative approval and with any specified conditions attached thereto.
B. 
Action by Board of Supervisors. In the event that an application for final approval has been filed, together with all drawings, specifications and other documentation in support thereof, in accordance with the requirements of this chapter and the official written communication granting tentative approval, the Board of Supervisors shall, within 45 days of the official date of filing, grant final approval to the development plan.
C. 
Variations from the plan granted tentative approval.
(1) 
In the event that the development plan submitted contains variations from the development plan granted tentative approval, the Board of Supervisors may refuse to grant final approval and may, within 45 days of the official date of filing of the application for final approval, advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either:
(a) 
Refile the application for final approval without the variations objected; or
(b) 
File a written request with the Board of Supervisors that it hold a public hearing on the application for final approval.
(2) 
If the landowner wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days, if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance.
(3) 
If the landowner fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.
D. 
Public hearing required.
(1) 
Any public hearing held on an application for final approval shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner and the hearing shall be conducted in the manner prescribed in this article for public hearings on an application for tentative approval. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by first-class mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the notices shall be paid by the applicant.
(2) 
Within 30 days after the conclusion of the public hearing, the Board of Supervisors shall, by official written communication, either grant or deny final approval. The grant or denial of final approval of the development plan shall, in cases where a public hearing is required, be in the form and contain the findings required for an application for tentative approval.
E. 
Changes in the approved plan. Changes in the location and siting of buildings and structures deemed minor by the Board of Supervisors may be authorized without additional public hearings, if required by engineering or other circumstances not foreseen at the time of tentative approval. However, gross density and/or any increase in the total number of townhouses or garden apartments or any major change in the points of ingress and egress to the development site or the internal traffic circulation pattern established at the time of tentative approval shall not be changed without a public hearing.
F. 
Application for final approval. The application for final approval shall comply with all applicable ordinance provisions and the development plan shall include, as a minimum, the following information:
(1) 
All data required by Chapter 292, Subdivision and Land Development, for a final plan, including application filing, application review and inspection fees.
(2) 
Accurately dimensioned locations for all proposed buildings, structures, parking areas and common open space.
(3) 
The number of families to be housed in each residential building or structure and the intended use of each nonresidential building or structure.
(4) 
Building elevation drawings for all principal structures, other than single-family detached dwellings.
(5) 
A lighting plan, showing the location, height and type of any exterior lighting fixtures proposed and a photometric plan for all lighting other than streetlights or yard post lamps showing the distribution of lighting on the site and at the site boundaries.
(6) 
A landscaping plan, as defined by this chapter, including the location and types of plant materials, sidewalks, trails and recreation facilities authorized by this chapter.
(7) 
Supplementary data, including any covenants, grants of easements or other restrictions to be imposed on the use of the land, building and structures and the organization proposed to own, maintain and operate the common open space facilities.
(8) 
An engineering report that shall include the following data, wherever applicable:
(a) 
Profiles, cross-sections and specifications for proposed public and private streets.
(b) 
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers.
(c) 
Feasibility of the sanitary sewerage system in terms of capacity to serve the proposed development.
(9) 
A grading plan prepared in compliance with the requirements of Chapter 173, Grading, Excavating and Filling.
(10) 
Evidence that the applicant has submitted plans to the Westmoreland County Conservation District for review and approval.
(11) 
An erosion and sedimentation control plan that shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation. The plan shall include, but not be limited to, the following:
(a) 
The topographic features of the site;
(b) 
The types, depth, slope and extent of the soils by area;
(c) 
The proposed alterations to the site;
(d) 
The amount of runoff from the site area and the upstream watershed;
(e) 
The staging of earthmoving activities;
(f) 
Temporary control measures and facilities during earthmoving;
(g) 
Permanent control measures and facilities for long-term protection;
(h) 
A maintenance program for the control facilities, including disposal of materials removed from the control facilities or site area.
(12) 
A stormwater management plan prepared in compliance with the requirements of Chapter 280, Stormwater Management.
(13) 
Performance bond and development agreement as required by Chapter 292, Subdivision and Land Development.
G. 
Recording. A final development plan, or any part thereof, that has been granted final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record in the Office of the Westmoreland County Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to execution of the developer's agreement and posting of the financial security required by Chapter 292, Subdivision and Land Development, for public and private improvements in the development plan.
H. 
Revocation of final approval. In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan, or section thereof, that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event that the landowner shall fail to commence and carry out the planned residential development (PRD) in accordance with the time provisions stated in § 508 of the Pennsylvania Municipalities Planning Code[1] after final approval has been granted, no further development shall take place on the property included in the development plan until a new application for tentative approval of a planned residential development (PRD) is submitted for said property or the property is developed in accordance with the then-applicable zoning district regulations.
[1]
Editor's Note: See 53 P.S. § 10508.