Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
The provisions of this article are enacted in order that the purposes of this chapter be furthered in an era of increasing urbanization and of growing demand for housing of all types and design; to ensure that the provisions of this chapter which are concerned in part with the uniform treatment of dwelling type, bulk, density and open space within each zoning district shall not be applied to the improvement of land by other than lot by lot development in a manner that would distort the objectives of this chapter; to encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings; so that greater opportunity for better housing and recreation may extend to all citizens and residents of this Township; and in order to encourage a more efficient use of land and of public service and to reflect changes in the technology of land development so that economies secured may accrue to the benefit of those who need homes and for other uses; and in aid of these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within the existing residential and nonresidential areas, and to ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
This article is, and all amendments hereto shall be, based on the Comprehensive Plan for Tobyhanna Township. This article and such amendments shall be interpreted in relation to said Comprehensive Plan and any amendments thereof. Every application for approval of a planned residential development shall be based on and interpreted in relation to the Comprehensive Plan and any amendments thereof.
The administration of the procedures for application for and approval of planned residential developments shall be vested in the Board of Supervisors. The Board shall, however, refer all tentative and final development plans for such developments to the Planning Commission for their review and comment. In the event that a majority of the members of the Board of Supervisors cannot act in their official capacity as the governing body in accordance with this section, the procedures for application for and approval of the planned residential development shall be vested in the Tobyhanna Township Planning Commission.
An application shall not be eligible for tentative approval unless the following initial requirements are met:
A. 
The proposed development shall consist of one or more contiguous tracts of land under single ownership and/or control, containing in the entirety a minimum of 50 acres, if the proposed development is located in an RR District; or 25 acres, if the proposed development is located in an R-1 District; or 10 acres, if the proposed development is located in an R-2 District. In the event that the proposed planned residential development is located in two or more residential districts, compliance with the required minimum area shall be determined by evaluation using the following formula:
B. 
The proposed development shall provide for adequate, safe water supply and sewage disposal consistent with the soil conditions and the development's plans.
C. 
The proposed development shall have adequate legal access to a public street, road or highway.
D. 
The area to be improved shall be physically suitable for buildings, streets, accessways, parking, utilities and all other required or proposed facilities or improvements.
E. 
The area to be set aside for open space shall be physically suitable for the proposed use.
F. 
The area to be set aside for open space shall be dedicated to and for the use and enjoyment of owners or residents in the development or, under certain circumstances, the general public.
G. 
All of the tract must lie within a residential district.
The uses permitted in a planned residential development shall be limited to the following:
A. 
Dwelling units in detached, semidetached, attached or multistoried structures, or any combination thereof, shall be permitted, provided that the arrangement thereof is consistent with the provisions of this article.
B. 
Accessory uses permitted within the RR District by § 155-12C(2), (3), (4) and (5) of this chapter shall be permitted within a planned residential development.
C. 
Commercial activities as permitted by Article VIII (excepting gasoline stations and garages) shall be permitted in any planned residential development, provided that such use is incidental to the primary use. The area devoted to such use, including any required yards, parking areas and buffers, shall not exceed 1% of the total gross area of the tract.
D. 
Open spaces set aside under the provisions of this article may be used in whole or in part in any of the following ways, or any manner similar thereto:
(1) 
Boating and fishing.
(2) 
Golf courses.
(3) 
Hiking and horseback riding.
(4) 
Parks.
(5) 
Play fields.
(6) 
Playgrounds.
(7) 
Picnic areas.
(8) 
Skating rinks.
(9) 
Swimming pools.
(10) 
Tennis courts.
(11) 
Woodland.
(12) 
Lakes.
The following standards shall govern the density of dwelling units on the land within a planned residential development:
A. 
No more than 4.5 dwelling units may be erected for each one acre of land in the total tract under consideration. In the event that the planned residential development incorporates incidental commercial use, as provided in § 155-111C, for the purposes of calculation of the maximum number of units permitted, the gross area of the tract shall be reduced by the area committed to commercial use.
B. 
An area equal to the sum of 30% of that portion of the planned residential development located in an RR District, plus 25% of that portion of the planned residential development located in an R-1 District, plus 20% of that portion of the planned residential development located in an R-2 District, shall be set aside as open space for the use and benefit of the residents of the development, as hereinafter provided.
C. 
Consideration shall be given to the arrangement and location of open spaces to take advantage of physical characteristics of the site and to place open spaces within easy access and view of dwelling units.
D. 
In the case of a planned residential development proposed to be developed over a period of years, a variation in each section to be developed from the density of use established for the entire planned residential development may be permitted. A greater concentration of density of land use within some section or sections of development may be allowed whether it be earlier or later in the development than upon others. The approval of such greater concentration of density land use for any section to be developed shall be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the municipality, provided that such reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed, so that flexibility of development, which is a prime objective of this article, can be maintained.
Within the limits of maximum overall density of use established in § 155-112, flexibility in the arrangement of housing on individual lots and in clusters of single-family, duplex, townhouses and apartments may be permitted to the requirements of the zone in which the PRD is located.
A. 
Where single-family houses are situated on individual lots and the developer elects to utilize on-lot water supply and on-lot sewage disposal because satisfactory soil and topographic conditions exist to permit such use, the minimum lot size shall be one acre. In such cases, the minimum lot width at the building line shall be 125 feet. The building setback shall be a minimum of 50 feet; the side yards shall be a minimum of 25 feet; the rear yard shall be a minimum of 50 feet.
B. 
Where single-family houses are situated on individual lots and the developer elects to utilize or provide central water supply and further elects to utilize on-lot sewage disposal because satisfactory soil and topographic conditions exist to permit such use, the minimum lot size shall be 20,000 square feet. In such cases, the minimum lot width at the building line shall be 100 feet. The building setback shall be a minimum of 40 feet; the side yards shall be 15 feet; the rear yard shall be a minimum of 50 feet.
C. 
Where single-family houses are situated on individual lots and the developer elects to utilize or provide central sewage disposal facilities and further elects to utilize on-lot water supply, the minimum lot size shall be 16,000 square feet. In such cases, the minimum lot width at the building line shall be 90 feet. The building setback shall be a minimum of 35 feet; the side yards shall be a minimum of 12 feet, provided that the sum of the two side yards is a minimum of 30 feet; the rear yard shall be a minimum of 40 feet.
D. 
Where single-family houses are situated on individual lots and the developer elects to utilize central water supply facilities and central sewage disposal facilities, the minimum lot size shall be 12,000 square feet. In such cases, the minimum lot width at the building line shall be 75 feet; the side yards shall be a minimum of 10 feet, provided that the sum of the two side yards is a minimum of 25 feet; the rear yard shall be a minimum of 30 feet.
E. 
Where a cluster of multifamily, semidetached, attached, detached or multistoried structures is to be provided, the maximum number of units shall be as set forth in § 155-112A, provided that the developer utilizes central water supply facilities and central sewage disposal facilities, and further provided that:
(1) 
With respect to townhouse clusters, the following requirements shall apply:
(a) 
No individual townhouse cluster shall contain in excess of 15 units.
(b) 
Each townhouse shall have a minimum setback of not less than 20 feet from an interior road right-of-way line.
(c) 
The distance between townhouse clusters or structures must be at least five feet per unit contained within the larger of the townhouse clusters or structures, but in no case shall that distance be less than 25 feet.
(d) 
No building shall exceed three stories in height.
(e) 
No one- or two-story building shall be closer than 50 feet to any exterior property line or exterior road right-of-way line, and no three-story building shall be closer than 120 feet to any exterior property line or exterior road right-of-way line.
(2) 
With respect to apartment clusters, the following requirements shall apply:
(a) 
No individual apartment cluster shall contain in excess of 40 single-family apartment units.
(b) 
Each apartment building shall have a setback of not less than 50 feet from an interior road right-of-way line.
(c) 
No cluster shall be erected within 250 feet of any other cluster.
(d) 
Any building, designed for human occupancy, over three stories in height shall be of fireproof construction and shall be equipped with an automatic sprinkler system.
(e) 
The minimum distance between any apartment building and any exterior property line or exterior road right-of-way line shall be not less than the distance determined from the following formula:
D = 10 (x2 + x) feet
Where
D = The distance
x = The number of stories
But in no case shall the minimum distance be less than 50 feet.
Example: 4-story building:
10 (42+ 4) = 200 feet
(3) 
Sufficient areas of common land shall be established between and around dwelling units so that the maximum density of dwelling units within any section of cluster housing is 12 units per acre for townhouse clusters and 18 units per acre for apartment clusters. Such common area shall be considered yard areas for these dwelling units and shall not be used in the calculations of open space as provided by § 155-112B of this chapter.
(4) 
In no event shall more than 15% of the land in the development, exclusive of required open space, be occupied by structures for habitation.
(5) 
Each dwelling unit shall have the following minimum habitable floor area:
(a) 
Studio apartments: 400 square feet.
(b) 
One-bedroom apartments: 600 square feet.
(c) 
Two-bedroom apartments: 800 square feet.
(d) 
Three or more bedrooms: 1,000 square feet.
(e) 
For the purpose of determination of habitable floor area, any room other than a living room, dining room, kitchen, bath or closet shall be deemed a bedroom.
(6) 
When the proposed planned residential development utilizes a mix of development types as permitted in Subsection A through E above, the maximum number of dwelling units permitted in a cluster development area shall not exceed the number determined by the following formula:
Where
C.A. = The acreage devoted to cluster development
G.A. = The gross acreage
O.S. = The total required open space
A. 
Streets shall be designed in conformance with Chapter 135, Subdivision and Land Development, with special emphasis on the following:
(1) 
Adequate ingress and egress to and from the proposed planned residential development and existing public streets or highways.
(2) 
Separation of vehicular and pedestrian traffic.
(3) 
Minimization of through traffic in residential areas.
B. 
The Township shall not be obligated to accept the dedication of roads and streets within a planned residential development.
Parking shall be designed and constructed in accordance with the following:
A. 
There shall be two off-street parking places for each dwelling unit.
B. 
Except as provided hereafter, all off-street parking places shall conform to the requirements of § 155-55.
C. 
Parking areas shall be screened from adjacent structures, access roads and traffic arteries by hedges, dense planting, earth berms or changes in grade or walls. All parking areas shall be a minimum of 20 feet from all structures, access roads and traffic arteries.
D. 
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
E. 
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping approved of by the official review agency.
F. 
No more than 60 parking spaces shall be accommodated in any single parking area.
G. 
The construction of off-street parking areas shall be in conformance with the construction standards of minor streets as set forth in Chapter 135, Subdivision and Land Development.
Artificial lighting shall conform to the following:
A. 
The Board of Supervisors may require that adequate lighting be provided after dark for any or all of the following: streets, parking areas, walkways, ramps, steps, signs and other areas of intensive pedestrian or vehicular use.
B. 
Such lighting, if required, shall be designed and located as to direct light away from adjacent residences.
Sewage disposal and water supply facilities shall conform to the following:
A. 
The design and construction of any centralized water supply system shall conform to current applicable standards of the Department of Environmental Protection and, where applicable, to the requirements of the Pennsylvania Public Utilities Commission and of the Delaware River Basin Commission.
B. 
The design and construction of any centralized sewage disposal system shall conform to current applicable standards of the Department of Environmental Protection and, where applicable, to the requirements of the Pennsylvania Public Utilities Commission and of the Delaware River Basin Commission. In addition, all designs may consider adjacent property owners who, within the economic feasibility, can be serviced by the proposed system.
C. 
The utilization of on-lot sewage disposal systems or community systems on lots less than one acre in size shall require the revision of the Township's Official Sewage Plan and approval by the Sewage Enforcement Officer and/or the governing body in charge of sewage disposal systems.
The planned residential development shall be designed and constructed to take advantage of natural drainage systems and further minimize site clearance and earthwork.
A. 
Where site clearance and earthwork are necessary, suitable soil erosion control measures shall be taken.
B. 
The storm drainage system shall be designed in accordance with the provisions of Chapter 135, Subdivision and Land Development, and further shall be designed and constructed to minimize erosion and flooding and shall, so far as possible, be compatible with the natural drainage system.
Existing vegetation shall be preserved wherever possible, practical and feasible. Where natural vegetation is nonexistent or ineffective or is destroyed by development, landscaping shall be considered an essential feature of the planned residential development.
Electric, telephone and cable television utilities, together with adequate rights-of-way, shall be provided to adequately serve the planned residential development. The developer shall cooperate with the utility companies in the location and design of the facilities.
Adequate provision shall be made for refuse removal, and any central refuse stations shall be conveniently located to and adequately screened from nearby buildings.
Open space and common land established for cluster housing yards shall conform to the following:
A. 
Areas set aside for open space shall be suitable for the designed purpose and, in any event, shall be consistent with the plan policy for future land use in the Township. Any such area shall contain no structure other than a structure related to recreational use. Common open space shall be set aside for the use and benefit of the residents in the development and shall be located to provide physical and visual access to residents of the planned residential development.
B. 
All floodplain areas, swamps and other groundwater recharge areas, land with a slope of 20% or more extending over a distance in excess of 200 feet and land which is physically unsuited for building or development shall be included within the open space, and at least 20% of the gross area of the common open space must be other than floodplain, swamps or land with a slope of 20% or more.
C. 
A buffer strip not less than 50 feet around the periphery of the tract shall be provided, which shall be maintained in its natural state.
D. 
Cluster housing yards and any land set aside as open space, of such a size as may be capable of future subdivision under the regulation of this chapter, must be made subject to a deed restriction or agreement in a form acceptable to the Board and duly recorded in the office of the Recorder of Deeds in and for Monroe County, eliminating the possibility of such further subdivision or by any method approved by the Board in approving the plan.
E. 
The developer shall make adequate provision for the proper maintenance of common open spaces and cluster housing yards and improvements thereon in accordance with the provisions of the Municipalities Planning Code, Act 247, Section 705, Subparagraph (f).[1] The developer shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the public. Such an offer of dedication shall be made by deed of dedication in a form satisfactory to the Board of Supervisors. The Board need not accept the offer of dedication, but may use procedures provided by law to assure that common open space is maintained in reasonable condition.
[1]
Editor's Note: See 53 P.S. § 10705(f).
A. 
Applications for tentative approval shall conform to and contain the following:
(1) 
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed.
(2) 
The density of land use to be allocated to parts of the site to be developed.
(3) 
The location, size and topography of the common open space and the form of organization proposed to own and maintain the common open space and/or cluster housing yards.
(4) 
The use and the approximate height, bulk and location of buildings and other structures.
(5) 
The feasibility of the proposals for water supply and for disposition of sanitary wastes.
(6) 
The feasibility of the proposal for the disposition of stormwater and erosion control, including proposed landscaping plans.
(7) 
The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
(8) 
The provision for parking of vehicles and the location and width of proposed streets and public ways.
(9) 
A contour map, prepared at a contour interval of two feet, showing the existing and proposed topography of the entire site.
(10) 
The required modifications in the land use regulations otherwise applicable to the subject property.
(11) 
The feasibility of proposals for energy conservation and use of renewable energy sources.
(12) 
In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed, and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
(13) 
All required permits from the DEP, the Pennsylvania Department of Labor and Industry, PennDOT and the Monroe County Conservation District.
B. 
The application for tentative approval shall be accompanied by a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township, and shall contain the following:
(1) 
An evaluation of the impact of proposed development upon the drainage and aquifer systems, including exhibits depicting existing streams, creeks, ponds, lakes, swamps, groundwater recharge areas, floodplains and areas of permanent or seasonal high-water tables and proposed modifications or alterations to such features or areas.
(2) 
An evaluation of the suitability of the soils present throughout the site for various components of community development, as applicable, for the proposed development, including sewage effluent disposal, sewage lagoons, homesite locations with basements, lawns and landscaping, streets and parking lots, and load-bearing capabilities, including exhibits prepared in accordance with procedures of the Soil Conservation Service.
(3) 
A compilation and analysis relative to the effect of the proposed planned residential development with respect to the impact upon existing and proposed public facilities, utilities and transportation systems, together with a compilation and analysis of the costs to the municipality and the projected revenue in comparison with the existing conditions and with conditions that could be anticipated were development to be by conventional methods. The report shall address and take cognizance of the Comprehensive Plan and of the Sewage Act 537 Feasibility Study of the Township and any other official plans for studies of the Township, indicating areas of departure from and areas of compatibility with such official plans.
(4) 
An evaluation of the economic feasibility of the proposed development, including a market analysis.
A. 
Within 60 days after the filing of the application for tentative approval of the planned residential development, the Board of Supervisors shall hold a public hearing pursuant to public notice in the manner set forth in § 155-67 of this chapter, except that all references therein to the Zoning Hearing Board shall, for the purpose of this section, be references to the Board of Supervisors. The Chairman or, in his absence, the Acting Chairman of the Board of Supervisors 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 verbatim record of the hearing shall be caused to be made by the Board of Supervisors 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 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 exclusion clearly noted in the record.
C. 
The Board of Supervisors may continue the hearing from time to time, and may refer the matter back to the planning agency for a report; provided, however, that, in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
D. 
The municipality may offer a mediation option prior to final approval for the governing body following the procedure under Article XIII.
A. 
The Board of Supervisors, within 60 days following the conclusion of the public hearing provided for in this article, shall, by official written communication to the landowner, either:
(1) 
Grant tentative approval of the development plan as submitted.
(2) 
Grant tentative approval subject to specified conditions not included in the development plans as submitted.
(3) 
Deny tentative approval to the development plan.
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 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.
C. 
The grant or denial of tentative approval by official written communication 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:
(1) 
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the municipality.
(2) 
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
(3) 
The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(4) 
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further, the amenities of light and air, recreation and visual enjoyment.
(5) 
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.
(6) 
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
D. 
In the event that a phased 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 submitted and the periods of time within which applications for final approval of each part hereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
A. 
The official written communication provided for in this article shall be certified by the Secretary of the Board of Supervisors and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted in the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
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 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 or applications for final approval 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 and shall so notify the Board of Supervisors, in writing, or in the event that 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, and the same shall be noted on the Zoning Map and in the records of the Secretary of the Board of Supervisors.
A. 
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, for a section thereof. Said application shall be made to the Board of Supervisors and within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond and such other requirements as may be specified by this chapter, as well as any conditions set forth in the official written communication at the time of tentative approval.
B. 
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 chapter and the official written communication of tentative approval, the Township shall, within 45 days of such filing, grant such development plan final approval.
C. 
Variations from tentatively approved plan.
(1) 
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 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:
(a) 
Refile his application for final approval without the variations objected.
(b) 
File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval.
(2) 
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 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 shall, in cases arising under this section, be in the form and contain the findings required for application of tentative approval set forth in this article.
D. 
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed on record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within five years, or such reasonable period of time as may be fixed by the Board of Supervisors, of the planned residential development or 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 consent of the landowner.
E. 
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 Board of Supervisors, in writing, or in the event that the landowner shall fail to commence and carry out the planned residential development within five years, or such reasonable period of time as may be fixed by the Board of Supervisors, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is resubdivided and is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in § 155-136.
Matters relating to maintenance of common open space and enforcement and modifications of the provisions of a plan shall be as provided by the Municipalities Planning Code, Act 247, Section 706.[1]
[1]
Editor's Note: See 53 P.S. § 10706.