Brighton Township City Zoning Code
ARTICLE VIII
PRD Planned Residential Development
§ 195-39 Purpose.
[Amended 10-14-2002 by Ord. No. 125]
The purpose of the planned residential development designation is to establish standards, conditions, regulations and procedures governing said land uses, including densities, open spaces and design criteria, and to provide for the administration and enforcement of these alternative land uses. This article is enacted pursuant to the Brighton Township Comprehensive Plan 1999 for the purpose of:
A.
Allowing and encouraging innovation in residential development and redevelopment so that the changing demand for housing may be met by greater variety and type, design and layout of dwellings together with the conservation and more efficient use of open space ancillary to said dwellings;
B.
Promoting flexibility in design and permit planned diversification in the location of structures, while preserving the property values of existing areas;
C.
Promoting the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities;
D.
Preserving to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;
E.
Providing for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures;
F.
Combining and coordinate architectural styles, building forms and building relationships within the planned residential development;
G.
Ensuring a quality of construction commensurate with other developments within the Township; and
H.
Protecting the existing residential neighborhoods and surrounding areas from being adversely affected by the proximity of incompatible land uses.
§ 195-40 Coordination with other regulations.
[Amended 10-14-2002 by Ord. No. 125]
A.
This article is based upon and shall be interpreted in relation to the Brighton Township Comprehensive Plan 1999, providing for the development, continuing development and future development of the Township of Brighton. Every application for tentative approval of a planned residential development shall be based upon and interpreted in relationship to the Brighton Township Comprehensive Plan 1999.
§ 195-41 Interpretation; construal of provisions.
[Amended 10-14-2002 by Ord. No. 125]
This article is intended to supplement the zoning regulations of the Township of Brighton by permitting land improvement and residential development by methods other than lot by lot development. This article is not intended to repeal, abrogate or amend the zoning regulations of the Township of Brighton. It is hereby declared to be the intention of the Board of Supervisors of the Township of Brighton that in those instances where this article may be directly conflicting with the zoning regulations of the Township of Brighton, the provisions of this article shall control. The provisions of this article are hereby declared to be and shall be construed as the minimum requirements governing the evaluation and approval of proposals for planned residential developments.
§ 195-42 Definitions.
For the purposes of administering the provisions of this article, the definition of terms outlined in Article III shall be applicable.
§ 195-43 Eligibility requirements.
No application for approval of a planned residential development shall be considered or approved unless the following conditions are met:
A.
Tract size. The tract proposed for a planned residential development shall be a contiguous area of land containing a minimum of 20 acres.
B.
Ownership requirements. An application for tentative approval of a planned residential development may be filed by a person having an interest in the property to be included in the planned residential development. The application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the applications may be filed by the holder(s) of an equitable interest in such property. In any event, the applicant shall evidence a full ownership interest in the land (legal title or the execution of a binding sales agreement) before final approval of his plan.
§ 195-44 Infrastructure.
[Amended 10-14-2002 by Ord. No. 125]
A.
Planned residential developments shall be so located with respect to major streets and highways or other transportation facilities as to provide direct access to the planned residential development without creating traffic along local roads in residential neighborhoods outside of the planned residential development.
B.
Planned residential developments shall be serviced by a public central water supply and sewer system. A distribution system shall be designed to furnish an adequate supply of water to each dwelling unit, with adequate main sizes and fire hydrant locations. Fire hydrants shall be provided as required by the Township Fire Marshal. The sewer system shall comply with the Township Code and all applicable DEP regulations.
C.
Planned residential developments shall adhere to the rules and regulations of the Pennsylvania Public Utilities Commission with respect to gas, electric and telephone services.
§ 195-45 General development plan consistency.
[Amended 10-14-2002 by Ord. No. 125]
All proposals for planned residential development shall be consistent with the Brighton Township Comprehensive Plan, 1999. A statement of consistency shall be submitted by the developer indicating the compatibility of the planned residential development to the Township of Brighton Township Comprehensive Plan, 1999. Such statement shall outline the social, economic and environmental impact of the planned residential development on the surrounding area and the Township as a whole, and shall include specific references to Brighton Township Comprehensive Plan, 1999. The impact statement shall be prepared by an American Institute of Certified Planners certified firm, individual or other entity with expertise and competence in the preparation of impact statements.
§ 195-45.1 Sketch plan review.
[Amended 10-14-2002 by Ord. No. 125]
A.
Developers are encouraged to submit a sketch plan of the proposed PRD to the Planning Commission for an informal review. The Planning Commission's comments and suggestions will be advisory only and will not constitute any legally binding action by the Planning Commission or Township. Time deadlines applicable to tentative or final approval do not apply to sketch plans.
B.
It is recommended that the sketch plan be submitted early in the planning stages of the PRD but at least 60 days in advance of the tentative application.
C.
There is no prescribed form for the submission of the sketch plan; however, it must include sufficient information to describe the location and size of the proposed PRD, dwelling unit types and approximate densities, natural site characteristics (slope, soils, etc.), plans for providing transportation access and internal circulation, sewer and water service, recreation and other common facilities, and provisions for common open space. The sketch plan should identify natural, unique or environmentally sensitive features of the site, along with the potential effect of the proposed development on these areas.
D.
Upon submission of the sketch plan, the Township will schedule a meeting with the Planning Commission and other appropriate Township officials. A developer may submit revised plans, to clarify any issues or problems raised during the meeting with the Planning Commission. All documents submitted as part of the sketch plan shall become the property of the Township.
E.
The applicant is responsible for the cost of engineering reviews by the Township, Sewage Authority and Municipal Authority if the applicant requests those types of reviews for a sketch plan.
§ 195-46 Permitted uses.
[Amended 10-14-2002 by Ord. No. 125]
The following uses are permitted in a planned residential development:
A.
Principal uses. residential uses in the R-1 Rural Residential District: single-family detached dwellings; two-family detached dwellings (duplex), triplex or quadraplex, and townhouse dwellings shall be permitted, provided that:
B.
Principal uses. Residential Uses in the R-2 Agricultural Residential District: Single-family detached dwellings.
§ 195-47 Design standards.
[Amended 1-11-1999 by Ord. No. 107; 10-14-2002 by Ord. No. 125]
A.
Residential density. The maximum allowable gross residential density in single-family and mixed-use PRD's shall not exceed the following:
Dwelling Units per Acre | |||
|---|---|---|---|
District | Single-Family PRD | Mixed-Use PRD | |
R-1 | 4.5 | 6 | |
R-2 | 3 | n/a | |
B.
Buildable area is determined by subtracting all or portions of the land in the following categories:
Land | Percent Reduction for Calculating Type of Buildable Area | |
|---|---|---|
Land in existing ROW easements or otherwise restricted by deed or covenant | 100% | |
Floodplains (100 year) | 100% | |
Lakes, ponds or wetlands | 100% | |
Slope (40% or more) | 100% | |
Slope (25% and less than 40%) | 50% | |
Slope (15% and less than 25%) | 25% |
C.
Common open space.
(1)
Common open space shall comprise at least 25% in an R-1 Zoning District and 30% in an R-2 Zoning District of the total buildable area of the planned residential development.
(2)
Of the minimum required open space to be established, no wetlands or areas of 20% slope or greater shall be included in the calculated open space area.
(3)
Landscaped areas devoted to recreational activities, freely accessible to residents, may be counted toward the total common space required at a value of 60% of the actual area devoted to this use.
(4)
Recreational facilities or structures and their accessory uses located in common open space areas shall be considered improved open space as long as the total impervious surfaces (pavings, roofs, etc.) constitute no more than 5% of the total common open space.
(5)
The Township Comprehensive Plan encourages lineal trails and trail connections between neighborhoods. The Planning Commission will recommend, and the Board of Supervisors can require, trails to further the purposes of the Comprehensive Plan.
§ 195-48 Lot size.
[Amended 10-14-2002 by Ord. No. 125]
A.
Residential uses permitted in a planned residential development shall have the following lot area requirements:
(1)
In a R-1 Zoning District, a minimum lot width of 80 feet at the building line for single-family detached dwellings and a minimum lot width of 85 feet at the building line for two-family detached dwellings (duplex) shall be required. Single-family detached dwellings and two-family detached family dwellings (duplex) shall have a minimum of thirty-foot front yard, a minimum of ten-foot side yard, and a minimum of 20 feet between dwellings or other structures.
(2)
In a R-2 Zoning District, a minimum lot width of 85 feet at the building line shall be required. Single-family detached dwellings shall have a minimum of ten-foot side yard, and a minimum of 20 feet between dwellings or other structures.
(3)
Triplex, quadraplex, townhouse or other multifamily dwellings shall have the following minimum distances:
(a)
End walls face each other but contain no windows: 20 feet.
(b)
End walls face each other and contain windows: 35 feet.
(c)
End wall of one building faces principal facade (front or rear) of neighboring building: 45 feet.
(d)
Principal facades (front or rear) of neighboring buildings face each other: 60 feet.
(e)
Connected groups of abutting buildings shall not exceed in total length 300 feet.
(f)
Distances shall be measured from the shortest dimension between any parts, including projecting balconies, of adjacent buildings.
B.
Recreation uses permitted in a planned residential development shall have minimum lot area requirements sufficient to accommodate the use relative to other uses, including parking.
§ 195-49 Environmental considerations.
[Amended 10-14-2002 by Ord. No. 125]
A.
The developer shall take every precaution to preserve the natural site amenities and to minimize the disturbance to the natural environment.
B.
The development will be designed and programmed so as to minimize earthmoving activity, erosion, tree clearance and the destruction of natural amenities.
C.
Existing trees shall be preserved where possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
D.
Seeding, sodding and other planting shall be applied to stabilize topsoil.
E.
Erosion control measures such as minimizing the area of exposed soil, mulching, building silt catchment basins and planting temporary ground cover shall be instituted as necessary.
F.
In order to ensure the preservation of the natural characteristics of the land, trees and ground cover, natural bodies of water and other significant natural features, a detailed landscaping plan and an erosion control and sedimentation plan will be required at the time of initial plan submission.
G.
Floodplains.
(1)
All floodplains, as defined in § 180-9, shall remain as permanent open space in a PRD. Only the following uses shall be permitted in the floodplain:
(a)
Recreational uses not requiring permanent or temporary structures, such as picnic areas, fishing sites, trails, and similar uses.
(b)
Most essential road and utility facilities, such as bridges, transmission lines, sewage treatment plant outlets and similar facilities, which cannot be placed elsewhere on the site outside the floodplain, provided all necessary approvals and permits have been obtained from the Pennsylvania Department of Environmental Protection.
(2)
Any use or facility in a floodplain shall comply with all applicable provisions of the Township of Brighton.
H.
Ponds, wetlands, watercourses.
(1)
These areas shall remain as permanent open space.
(2)
No realignment, development, filling, piping and concentrating, or diverting shall be permitted except for most essential road and utility facilities which cannot be placed elsewhere on the site or as otherwise directed by the Township and the Pennsylvania Department of Environmental Protection.
I.
Steep slopes.
(1)
In areas with slopes 15% to 25%, no more than 75% of such areas shall be regraded, stripped of vegetation and/or developed (i.e., construction of dwellings, road, etc.).
(2)
In areas with slopes 25% to 40%, no more than 30% of such areas shall be regraded, stripped of vegetation or developed.
(3)
No dwelling or other structure shall be permitted in areas with slopes 40% or greater. However, the Township may approve limited regrading for the constructing or installation of roads, utilities or similar facilities which cannot be located elsewhere. Such approval shall be upon the recommendation of the Township Engineer.
§ 195-50 Site considerations.
[Amended 11-13-2001 by Ord. No. 119; 10-14-2002 by Ord. No. 125]
A.
All dwelling units shall be designed with regard to topography and the natural features of the site. Orientation to the prevailing winds and the sun in the physical layout and form of the proposed dwelling units shall be taken into account.
B.
All dwelling units shall be sited so as to enhance privacy and to ensure natural light for all principal rooms.
C.
Variations in setbacks shall be provided where necessary to create a more pleasing site design. A minimum thirty-foot setback on all local streets shall be required.
D.
Dwelling units and other facilities or structures near the periphery of the planned residential development shall be designed so as to be harmonious with contiguous neighboring areas.
E.
No structure shall be within 25 feet of the right-of-way of an access road or within 20 feet of parking areas.
§ 195-51 (Reserved) [1]
[1]
Editor's Note: Former § 195-51, Traffic circulation, as amended, was repealed 3-8-2004 by Ord. No. 135.
§ 195-52 Parking and lighting facilities.
[Amended 10-14-2002 by Ord. No. 125]
B.
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
C.
Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense plantings, earth berms, changes in grade or walls.
D.
No more than 10 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
E.
Any off-street loading area shall be paved and the design thereof approved by the Planning Commission. All areas shall be marked so as to provide for orderly and safe loading, parking and storage.
F.
Parking for recreational purposes shall be provided appropriate to the type of recreational use, as deemed adequate by the Planning Commission.
G.
All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.
H.
All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconvenience.
§ 195-53 Design and construction improvements.
§ 195-54 Phased development.
A developer may construct a planned residential development in phases if the following criteria are met:
A.
The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each phase.
B.
At least 20% of the dwelling units in the planned residential development given tentative approval shall be included in the first phase.
C.
The second and subsequent phases shall be consistent with the tentatively approved plan. In no event shall the second or any subsequent phases contain less than 20% of the dwelling units receiving tentative approval.
D.
Gross residential density may be varied from phase to phase. However, final approval shall not be given to any phase if the net density of the area which includes phases already finally approved and the phase for which final approval is being sought exceeds by more than 10% the gross density allowed for the entire planned residential development in the tentatively approved plan. Where it is necessary to allocate open space to early phases to avoid exceeding the maximum gross residential density, the developer will be required to establish said open space in the manner prescribed in the tentative approval.
§ 195-55 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 accessible to all dwelling units in the plan.
§ 195-56 Ownership of common open space.
A.
There shall be provisions which ensure that the common open space land shall continue as such and be properly maintained. The developer shall either:
(1)
Dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication;
(2)
Retain ownership and responsibility for maintenance of such open space land; or
(3)
Provide for and establish one or more organizations for the ownership and maintenance of all common open space.
§ 195-57 Homeowners' association.
A.
If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:
(1)
The association is organized by the developer and operating with financial subsidization by the developer, if necessary before the sale of any lots within the development.
(2)
Membership in the association is mandatory for all purchasers of homes therein and their successors.
(3)
The association shall be responsible for maintenance, insurance and taxes on common open space.
(4)
The members of the association shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
(5)
The association shall have or hire adequate staff to administer common facilities and maintain the common open space.
(6)
Articles of incorporation of the homeowners' association shall be recorded simultaneously with the recording of the initial phase receiving final approval.
B.
In the event that the association established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such association's officers or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days of the date of receipt of the notice of deficiency and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common space and maintain the same for a period of one year. Said maintenance by the municipality shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such association's officers or to the residents of the planned residential development, to be held by the Board of Supervisors at which hearing such association of the residents of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Board of Supervisors shall determine that such association is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain the common open space at the end of said year. If the Board of Supervisors shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Board of Supervisors shall be subject to appeal to court in the same manner and within the same time limitation as is provided for.
C.
The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of Beaver County, upon the properties affected by such lien within the development.
§ 195-58 Application for tentative approval.
A.
The application for tentative approval shall be made by or on behalf of the landowner and filed with the Township Secretary. A fee for such review and approval as per the fee resolution adopted by the Board of Supervisors, shall accompany said application. Such fee shall cover processing and administrative costs for the review of applications for tentative approval. In addition, a deposit shall be made with the Township to cover the costs of related services provided to the Township by municipal consultants and engineers in connection with the review of said application, plus 5% for administrative costs.
B.
The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development as set forth in this article, and where necessary, the Board of Supervisors or Planning Commission shall order such additional documentation as they may deem necessary to aid them in their review.
C.
Required documentation shall include, but not be limited to, documents illustrating the following:
(1)
The location and size of the area involved and adjoining areas; and the nature of the landowner's interest in the planned residential development;
(2)
Areas of land proposed for development and uses thereon and the net residential and commercial density of each proposed land use;
(3)
The location, function, size, ownership and manner of maintenance of the common open space;
(4)
The use and the approximate height, bulk and location of buildings and other structures;
(5)
Location and size of all lots;
(6)
Information showing the feasibility of proposals for off-site water and off-site sewer service;
(7)
Utility systems;
(8)
The substances of covenants, grants of easements or other restrictions to be imposed upon the use of land, on either common open space or within privately deeded parcels, buildings and structures, including proposed grants and/or easement for public utilities;
(9)
The provision for parking of vehicles and the location of said parking areas, rights-of-way and cartway widths of proposed streets and public ways;
(10)
In the case of plans which call for the development in stages, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed and which shall be updated annually on the anniversary of submission for tentative approval.
(11)
The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.
D.
Application for tentative approval shall include but not be limited to the following documents:
(1)
Plans at one inch equals 100 feet or larger of existing natural features of the land, including topography, vegetation, drainage and soils;
(2)
A site plan showing approximate locations of lots, buildings, roads, parking areas at one inch equals 100 feet;
(3)
A plan at one inch equals 100 feet delineating common open space, indicating area, facilities to be provided, structures, if any, and uses;
(4)
A plan at one inch equals 100 feet delineating approximate locations of street types, rights-of-way and cartway widths;
(5)
A site plan illustrating phasing; including a time schedule for all on-site and off-site improvements to be dedicated for public use, which may be modified from time to time by the Board of Supervisors;
(6)
A plan illustrating connection to public utilities, streets and rights-of-way accompanied by documentation and comment from the Brighton Township Municipal Authority and Brighton Township Sewer Authority as to the impact of the proposed development on said public utilities, streets and rights-of-way;
(7)
A plan illustrating the relation of the proposed planned residential development to the Township's General Development Plan accompanied by documentation indicating the social and economic impact of the development on the Township.
E.
Said application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the Township's General Development Plan while achieving recognized planning objectives.
F.
The application shall submit 15 copies of all information required for tentative approval to the Township Secretary.
G.
One copy of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Township Planning Commission for study and recommendation.
H.
A number of, as determined from time to time by the Beaver County Planning Commission, copies of every application for tentative approval received by the Township shall be promptly forwarded to the Beaver County Planning Commission for study and recommendation. The County Planning Commission shall review and report within 45 days of referral.
I.
One copy of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Township's Engineer and/or Planning Consultant for technical study and recommendation. The Township Engineer and/or Planning Consultant shall review and report to the Township Planning Commission within 30 days of referral.
§ 195-59 Public hearing.
A.
Within 60 days after the filing of a completed application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors in the manner prescribed in Article XVIII, Zoning Hearing Board. The Chairman or, in his absence, the Acting Chairman of the Board of Supervisors or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
B.
A stenographic record of the hearing shall be caused to be made by the Board of Supervisors, and the appearance fee for the stenographer shall be shared equally by the applicant and the Board of Supervisors. Costs for transcriptions shall be paid pursuant to the provisions of Article XVIII, Zoning Hearing Board. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
§ 195-60 Report of findings on application for tentative approval.
A.
The Board of Supervisors, within 60 days following the conclusion of the public hearing provided for in § 195-59, shall, by official written communication to the landowner, either:
B.
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify said Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
C.
The grant or denial of tentative approval by the Board of Supervisors shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in which respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(1)
In those respects in which the development plan is or is not consistent with the Comprehensive Plan of the Township of Brighton;
(2)
The extent to which the development plan departs from subdivision and zoning regulations otherwise applicable to the subject property, including but not limited to minimum lot sizes, overall density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;
(4)
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment; and
(5)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
D.
In the event that a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and on application for final approval shall not be less than three months, and in case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
§ 195-61 Status of plan after tentative approval.
A.
The official written communication provided for in § 195-60 of this article shall be certified by the Secretary of the Board of Supervisors and shall be filed in its office and a certified copy shall be mailed to the landowner.
B.
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval) shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided that an application for final approval is filed or, in the case of development over a period of years, provided that applications are filed within the periods of time specified in the official written communication granting tentative approval.
C.
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan, the landowner shall so notify the Board of Supervisors, in writing, or in the event that the landowner shall fail to file application of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to the applicable provisions of this article.
§ 195-62 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 Township Secretary and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the development plan given tentative approval, with any specified conditions attached thereto, a public hearing need not be held.
§ 195-63 Specifications for application for final approval.
The application for final approval shall contain the following data and be submitted using the following format:
A.
Shall be drawn on reproducible material and shall be on sheets of at least 17 inches by 22 inches with a border of 1/2 inch on all sides except the binding edge which shall be one inch. More than one sheet may be used for larger tracts and all sheets must be indexed. Individual sheet size shall not exceed 34 inches by 44 inches.
B.
Shall be drawn with waterproof black ink and all records, data, entries, statements, etc., thereon shall also be made with the same type of ink or reproducible typing.
C.
Shall be drawn to a scale of one inch to 100 feet or larger.
D.
Shall contain a title block in the lower right corner with the following:
(1)
Name under which the development is to be recorded.
(2)
Date of plat, graphic scale, North arrow and location of development.
(3)
Name(s) and address(es) of the owner(s) and signed certification of ownership including deed book number and page.
(4)
Name, address and seal of the registered engineer or the surveyor preparing the plat.
E.
Shall be drawn according to the following drafting instructions:
(1)
Outside of the perimeter of the final plan area:
(a)
Streets and other rights-of-way by medium solid lines.
(b)
Property lines of adjacent subdivision by medium dashed and two dotted lines.
(c)
Lot lines by light dotted lines.
(d)
Restriction lines, easements and other reserved areas by light dashed lines.
(e)
The total perimeter of the land included for final approval by a heavy solid line.
F.
Primary control points approved by the Engineer or description and ties to which all dimension, angles, bearings and similar data shall be referred.
G.
Tract perimeter lines, street rights-of-way, easements and other reserved areas and property lines of residential lots and other sites with accurate dimensions, areas, bearing or deflection angles, radii, arcs and central angles of all curves.
H.
Name and right-of-way and cartway width of each street, roadway or right-of-way.
I.
Location, dimensions and purpose of all easements.
J.
Number to identify each lot or site.
K.
Purpose for which sites other than residential are to be dedicated.
L.
Building line on all lots and sites.
M.
Location and description of all monuments shall be solid steel pins, which shall be no less than 1/2 inch in diameter and 30 inches long.
N.
Names, deed book number and page of recorded owners of adjoining land.
O.
Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
P.
Statement by the owner dedicating streets, rights-of-way and sites for public use.
Q.
Protective covenants in form suitable for recording.
R.
Tract closures and block closures shall have an error of closure of no less than 1:10,000.
[Amended 10-14-2002 by Ord. No. 125]
S.
A final grading plan with contours at vertical intervals of two feet if the general slope of the site is more than 2% and at vertical intervals of one foot if the general slope is less than 2%.
T.
All elevations shall be on the USGS Datum.
[Amended 10-14-2002 by Ord. No. 125]
U.
Bench marks as established by the United States Geological Survey or permanent monuments as established by a registered surveyor authorized to practice in the Commonwealth of Pennsylvania.
V.
Watercourses, culverts, bridges, drains and areas subject to inundation of a fifty-year and one-hundred-year frequency basis.
W.
Sewers, water mains and fire hydrants.
X.
Utilities, existing and planned, together with possible connections thereto.
Y.
Subsurface soil, geological and hydrologic condition of the tract.
Z.
Sidewalks and crosswalks.
AA.
Typical cross sections and profiles of roadways and sidewalks.
BB.
Lot lines with bearings and dimensions.
CC.
General drainage plan for stormwater in relation to natural channels with capacity to accommodate fifty-year and one-hundred-year frequency flood.
DD.
A plan to the proposed water distribution system including the sizes of water pipes and the location of valves and fire hydrants.
EE.
A plan of the proposed sanitary sewage collection system.
FF.
Location and size of all structures.
GG.
Architectural sketches or elevations of all major structures (i.e., commercial buildings and multifamily dwellings).
HH.
A landscaping plan with bufferyard B (moderate) identified along the tract boundary as specified, as defined in § 195-137.1.
[Amended 11-13-2001 by Ord. No. 119; 10-14-2002 by Ord. No. 125]
II.
Such other certificates, affidavits, endorsements or dedications as may be required in the enforcement of this article.
§ 195-64 Completion of improvements guaranty.
A.
Completion guaranty.
(1)
No application for final approval shall receive said final approval unless the streets, roads, sidewalks, curbs, gutters, streetlights, water systems, fire hydrants, sewer systems, shade trees, storm drains and other improvements as may be required by or under this article have been installed in accordance with these provisions or the applicable regulations in effect at the time of tentative approval. In lieu of the completion of said improvements, a corporate bond or other security approved by the Board of Supervisors in the amount sufficient to cover the costs of those improvements not completed, but required, shall be deposited with the Township. Said bond or other security shall provide for and secure to the public the completion of all improvements required within the period fixed as part of the final approval for such completion. In the case of staged development, it shall be necessary to provide for all improvements required within the stage or other improvements which the Board of Supervisors finds essential for the protection or proper overall development of any section of the planned residential development given final approval.
(2)
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township of Brighton, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township of Brighton are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the commonwealth and chosen mutually by the Township of Brighton and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township of Brighton and the applicant or developer.
B.
Release from improvement bond.
(1)
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Supervisors by certified or registered mail of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall thereupon file a report, in writing, with the Board of Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
(2)
The Board of Supervisors shall notify the developer within 10 days of receipt of the Township Engineer's report, in writing by certified or registered mail, of their action with relation thereto.
(3)
If the Township fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.
(4)
If any portion of the improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same, and upon completion, the same procedure of notification as outlined herein shall be followed.
C.
The Township of Brighton may prescribe that the applicant shall reimburse the Township of Brighton for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.
(1)
In the event that the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of billing, notify the Township of Brighton that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.
(2)
If, within 20 days from the date of billing, the Township of Brighton and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Township of Brighton shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(3)
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(4)
In the event that the Township and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Township is located (or if at the time there is no President Judge, then the senior active Judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by or performed services for the Township or the applicant within the preceding five years.
(5)
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
§ 195-65 Action on final plan.
A.
In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by this article and the official written communication of tentative approval, the Township shall, within 45 days of such filing, grant such development plan final approval.
B.
One copy of all final plans shall be transmitted forthwith upon submission by the developer to the Township Planning Commission for review and comment within the forty-five-day review period.
C.
In the event that the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application and final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
(1)
Refile his application for final approval without the variations objected; or
(2)
File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event that the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner and the hearing shall be conducted in the manner prescribed in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article.
§ 195-66 Recording and effect thereof.
A development plan or any part thereof which has been given final approval for development in the R-1 or R-2 District shall be so certified without delay by the Township Secretary as directed by the Board of Supervisors and shall be filed forthwith in the office of the Recorder of Deeds of Beaver County before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision ordinances otherwise applicable to the land included in such plan shall cease to apply thereto.
§ 195-67 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 given final approval and shall so notify the Board of Supervisors in writing or in the event that the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by this article after final approval has been granted, future development on the property included in the development plan shall cease until the property is resubdivided in accordance with the rules and regulations of Chapter 180, Subdivision and Land Development, and applicable provisions of this chapter.
§ 195-68 Administration.
A.
Issuance of permits and all matters pertaining to administration of the plan as given final approval shall be the responsibility of the Township Zoning Officer.
B.
Upon application of the landowner showing compliance with the requirements of final approval, the Zoning Officer shall issue permits for construction pursuant to the plan or any section thereof.
C.
The provisions of this article, as amended, governing administration shall be fully applicable to the plan as given final approval insofar as the provisions thereof are consistent with the approval. The Zoning Officer shall review the progress and status and construction of the plan and submit semiannual reports thereon to the Board of Supervisors in order to assure compliance with the provisions of this article and the conditions of final approval.
§ 195-69 Appeals.
Any decision of the Board of Supervisors granting or denying tentative or final approval of a development plan for a planned residential development shall be subject to review and appeal as provided for in Article X-A of the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 195-70 Remedies.
The Board of Supervisors of the Township of Brighton or any officer of the Township authorized by the Board of Supervisors, in addition to other remedies, may institute in the name of the Township of Brighton any appropriate action or civil proceeding to prevent, restrain, correct or abate in or about premises proposed, intended, declared or approved as a planned residential development any act, business, use, construction, sale or disposal in contravention of the provisions of this Article or in advance of any approval first required to be obtained.