Chartiers Township Washington County
City Zoning Code
City Zoning Code
ARTICLE V
Supplementary Regulations for Planned Residential Development
§ 350-21 Statement of purpose and intent.
A.
In order that the public health, safety, morals and general welfare be furthered in an era of increasing urbanization and of growing demand for housing of all types and design; to provide for necessary commercial and educational facilities conveniently located to such housing; to provide for well-located, clean, safe, pleasant industrial sites involving the minimum strain on transportation facilities; to encourage innovations in residential, commercial and industrial development so that growing demands of the population may be met by a greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space land ancillary to said buildings; so that greater opportunities for better housing in recreation, shops and industrial plants conveniently located to each other may extend to all citizens and residents of this state; and in order to encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may benefit those who need homes; to lessen the burden of traffic on streets and highways; to encourage the building of new housing development incorporating the best features of modern design; to conserve the value of land; and, in light of these purposes, to provide a procedure which can relate to type, design and layout of residential, commercial and industrial development to the particular site and the particular demand for housing and other facilities including the foregoing at the time of development in a manner consistent with the preservation of property values within established residential areas and to assure that the increased flexibility of substantive regulations over land development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
B.
It is the purpose of these regulations to establish zoning regulations, controls and standards for minimum land areas, the use of land and buildings, amount and kind of open space land, provisions for off-street parking and other similar requirements necessary to regulate planned residential development within the limits of the Township and in accordance with the Pennsylvania Municipalities Planning Code[1] and other laws of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
The basic intent of these planned residential development (PRD) regulations is to replace the usual approval process involving rigid use and bulk specifications with a PRD plan submitted by a developer and approved by the Township.
D.
These regulations recognize that, while the standard zoning functions (use and bulk) and the standard subdivision functions (platting and design) are appropriate for the regulation of land uses in areas or neighborhoods of the community that are already substantially developed, these controls represent a type of preregulation and regulatory rigidity which would frustrate the application of the PRD concept.
E.
Thus, where PRD techniques are permitted, the normal use and dimensional specifications contained elsewhere in this zoning chapter and applicable to the respective residence districts are herein replaced by an approval process in which the approved plan becomes the basis for continuing land use controls.
§ 350-22 Establishment of controls.
The regulations set by this chapter are minimum regulations within the residence districts and shall apply uniformly to each classification or kind of lot and structure within the respective residence districts.
§ 350-23 Other articles of Zoning Ordinance.
A.
A planned residential development does not necessarily correspond in minimum lot area, building area, type of dwelling unit, density, lot coverage, or required open space to any other residential district Zoning Ordinance requirements in the Township.
§ 350-24 Regulations for A-1 District.
A.
Use regulations. Within the PRD, land may be used and buildings erected for the following purposes and no other:
(1)
Residential uses of any variety or type. In developing a balanced community, the use of a variety of housing types shall be deemed most appropriate in keeping with the intent of this article.
(2)
Commercial, service and other nonresidential uses may be permitted or required when such uses are deemed by the Planning Commission to be necessary and appropriate to the PRD and where such uses are scaled primarily to serve the residents of the PRD and the surrounding community.
(3)
Customary residential and commercial accessory uses, such as private garages, storage spaces, recreational and community buildings and uses, churches and schools may be permitted if appropriate to the PRD and to the overall development of the Township.
(4)
Only those commercial uses permitted in the Township shall be permitted in any PRD. Furthermore, due to the primarily residential nature of a PRD, only those commercial uses which are determined by the Planning Commission to be compatible with residential uses shall be permitted.
B.
Site area. The minimum area required for a tract to qualify for application of PRD regulations within the A-1 District shall be 20 contiguous acres of land.
C.
Ownership. The tract of land for a PRD project may be owned, leased, or otherwise controlled by either a single person, a corporation, or a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all properties included in the project. In the case of multiple ownerships, the approved plan shall be binding upon all owners.
D.
Location of the PRD. The location of any PRD regulated by this section may be any site within the A-1 District meeting the minimum acreage requirements of § 350-24B.
E.
Density permitted. For the purposes of this chapter, residential uses of any variety or type may be constructed, provided that the overall gross density of two dwelling units per acre of site area is not exceeded and provided that all other pertinent requirements of this chapter are met. Adjustments in overall permitted density may be made by the governing body where deemed appropriate and following detailed engineering evaluations relative to surface water runoff control, provisions for sanitary sewer facilities, erosion control procedures, and such other engineering data as the governing body may prescribe. Adjustments shall be based upon written recommendations by the Township Engineer and Planning Commission and tentative approvals granted by the Department of Environmental Protection, the County Planning Commission, and other related agencies having an interest in the proposed development.[1]
§ 350-25 Regulations for R-1 District.
A.
Use regulations. Within the PRD, land may be used and buildings erected for the following purposes and no other:
(1)
Residential uses of any variety or type. In developing a balanced community, the use of a variety of housing types shall be deemed most appropriate in keeping with the intent of this article.
(2)
Commercial, service and other nonresidential uses may be permitted or required when such uses are deemed by the Planning Commission to be necessary and appropriate to the PRD and where such uses are scaled primarily to serve the residents of the PRD and the surrounding community.
(3)
Customary residential and commercial accessory uses, such as private garages, storage spaces, recreational and community buildings and uses, churches and schools, may be permitted if appropriate to the PRD and to the overall development of the Township.
(4)
Only those commercial uses permitted in the Township shall be permitted in any PRD. Furthermore, due to the primarily residential nature of a PRD, only those commercial uses which are determined by the Planning Commission to be compatible with residential uses shall be permitted.
B.
Site area. The minimum area required for a tract to qualify for application of PRD regulations within the R-1 District shall be 20 contiguous acres of land.
C.
Ownership. The tract of land for a PRD project may be owned, leased or otherwise controlled by either a single person, a corporation, or a group of individuals or corporations. An application must be filed by the owner or jointly by the owner of all properties included in the project. In the case of multiple ownerships, the approved plan shall be binding upon all owners.
D.
Location of the PRD. The location of any PRD regulated by this section may be any site within the R-1 District meeting the minimum acreage requirements of § 350-25B.
E.
Density permitted.[1]
(1)
For the purposes of this chapter, residential uses of any variety or type may be constructed, provided that the overall gross density of five dwelling units per acre of site area is not exceeded and provided that all other pertinent requirements of this chapter are met.
(2)
Adjustments in overall permitted density may be made by the governing body where deemed appropriate and following detailed engineering evaluations relative to surface water runoff control, provisions for sanitary sewer facilities, erosion control procedures, and such other engineering data as the governing body my prescribe. Adjustments shall be based upon written recommendations by the Township Engineer and Planning Commission and tentative approvals granted by the Department of Environmental Protection, the County Planning Commission, and other related agencies having an interest in the proposed development.
§ 350-26 Regulations for R-2 and I-1 Districts.
A.
Use regulations. Within the PRD, land may be used and buildings erected for the following purposes and no other:
(1)
Residential uses of any variety or type. In developing a balanced community, the use of a variety of housing types shall be deemed most appropriate in keeping with the intent of this article.
(2)
Commercial, service and other nonresidential uses may be permitted or required when such uses are deemed by the Planning Commission to be necessary and appropriate to the PRD and where such uses are scaled primarily to serve the residents of the PRD and the surrounding community.
(3)
Customary residential and commercial accessory uses, such as private garages, storage spaces, recreational and community buildings and uses, churches and schools may be permitted if appropriate to the PRD and to the overall development of the Township.
(4)
Only those commercial uses permitted in the Township shall be permitted in any PRD. Furthermore, due to the primarily residential nature of a PRD, only those commercial uses which are determined by the Planning Commission to be compatible with residential uses shall be permitted.
B.
Site area. The minimum area required for a tract to qualify for application of PRD regulations within the R-2 and I-1 Districts shall be 20 contiguous acres of land. Where an applicant can demonstrate that the characteristics of his land will meet the objectives of this chapter, the Township may consider projects having less acreage than that required by this section; provided, however, that such projects shall not be less than 10 acres in size.
C.
Ownership. The tract of land for a PRD project may be owned, leased, or otherwise controlled by either a single person, a corporation, or a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all properties included in the project. In the case of multiple ownerships, the approved plan shall be binding upon all owners.
D.
Location of the PRD.
(1)
R-2 District. The location of any PRD regulated by this section may be any site within the R-2 District meeting the minimum acreage requirements of § 350-26B.
(2)
I-1 District. The location of any PRD regulated by this section may be any site within the I-1 District meeting the minimum acreage requirements of § 350-26B and being a minimum of 500 feet distant from any use permitted by conditional use in the I-1 District and a minimum of 200 feet from any sanitary landfill.
E.
Density permitted.[1]
(1)
For the purposes of this chapter, residential uses of any variety or type may be constructed, provided that the overall gross density of eight dwelling units per acre of site area is not exceeded and provided that all other pertinent requirements of this chapter are met.
(2)
Adjustments in overall permitted density may be made by the governing body where deemed appropriate and following detailed engineering evaluations relative to surface water runoff control, provisions for sanitary sewer facilities, erosion control procedures, and such other engineering data as the governing body may prescribe. Adjustments shall be based upon written recommendations by the Township Engineer and Planning Commission and tentative approvals granted by the Department of Environmental Protection, the County Planning Commission, and other related agencies having an interest in the proposed development.
§ 350-27 General requirements for planned residential development.
A.
Area and bulk regulations.[1]
(1)
The general location of all structures shall be shown on the final approved plan. The location and the arrangement of all structures shall be such that proper light and air are provided. The face-to-face (front-to-front, front-to-rear, rear-to-rear) space between buildings shall be not less than two times the height of the lowest building or 50 feet minimum, whichever is greater.
(2)
Minimum lot areas, building setbacks, yard lines, lot coverage, and lot width are not specifically regulated by this chapter. However, the relationship of buildings to each other, the local street system, the utility systems and the open space land pattern shall be consistent with the purpose and intent of this chapter.
(3)
A perimeter conservation easement shall be maintained around the perimeter of a PRD having dimensions of 50 feet or two times the height of an adjacent building, whichever is greater.
(4)
Because of the unique nature of the areas of the community, developers must maintain the existing plant cover to the maximum extent possible. Existing trees shall be maintained beyond 90 feet of all perimeter building walls, except in areas where roads, parking areas, sewer lines, water impoundments, foot or bicycle paths, etc., are required.
(5)
The height limitation for all residential buildings shall be 10 stories or 100 feet, whichever is less.
B.
Common open space land. Private common property in the PRD is a parcel or parcels of land together with the improvements thereon, the use and enjoyment of which are shared by the owners or occupants of the individual dwelling units within the PRD. Where common property exists, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including streets, drives, service and parking areas, utility systems and networks, and recreational and open space land. Common open space land shall be bound permanently to such use in a manner acceptable to the Township.
C.
Public land. The Township may at any time or from time to time accept dedication of common open space land and facilities, including streets, and open space land as the Township deems appropriate, proper and necessary for the general welfare of the Township residents.
D.
Off-street parking requirements.
(1)
Single-family dwelling: two spaces, one of which shall be enclosed.
(2)
Townhouse or garden apartment unit: two spaces.
(3)
High-rise apartment unit: 1.5 spaces.
(4)
Offices: one space per 200 square feet of gross building area.
(5)
Commercial uses: one space per 300 square feet of gross building area.
(6)
Industrial and other uses: as determined by the Planning Commission, based upon requirements contained elsewhere in this chapter or as required by good practice.
(7)
Parking requirements for housing for the elderly may be reduced by 25%.
§ 350-27.1 Density, area and bulk requirements for planned residential developments.
[Added 5-15-2012 by Ord. No. 333]
A.
Density, area and bulk requirements for planned residential developments shall be as required in the zoning district where the planned residential development is located. A PRD in an A-1 District shall meet the density, area and bulk requirements for A-1 Districts; a PRD in an R-1 District shall meet the density, area and bulk requirements for R-1 Districts; a PRD in an R-2 shall meet the density, area and bulk requirements for R-2 Districts.
B.
In a planned residential development, all public improvements, including roads, sanitary sewers and storm sewers shall be constructed to Township specifications whether or not such public improvements will be taken over by the Township.
§ 350-28 Application procedure.
A.
Authority. The Supervisors shall hear and decide requests for planned residential development in accordance with the provisions of this chapter and the procedures and regulations of this section.
B.
Relationship to Chapter 305, Subdivision and Land Development. All provisions of Chapter 305, Subdivision and Land Development, of the Township Code which are not specifically modified by the Supervisors in approving a planned residential development shall apply to any planned residential development involving subdivision or land development with the exception of the following:
C.
Application procedure, general. An application for development of a planned residential development is governed by and follows the procedure of Article VII of the MPC.[1] The developer shall submit all applications except written requests for preapplication conferences with the Planning Commission to the Township Zoning Officer or designated staff person at least 10 working days prior to the Planning Commission meeting.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
D.
Preapplication conference (optional).
(1)
Purpose. Before submission of an application for tentative approval, the developer is strongly encouraged to have a meeting with the Planning Commission, the Zoning Officer, and such other personnel as may be necessary to determine the feasibility, suitability and timing of the application. The intent of this step is for the developer to obtain information and guidance from the Township personnel before entering into any commitments or incurring substantial expenses with regard to the site and the PRD site plan preparation.
(2)
Scheduling. The applicant must hold an administrative staff preapplication conference before having a Planning Commission conference. After the administrative staff preapplication conference and before submitting any application for preliminary or final approval, the applicant may request a preapplication conference by submitting a written request not later than five working days before the first Tuesday of the month or the next scheduled meeting of the Planning Commission.
(3)
Preapplication conference guidelines. In order to obtain the best guidance from the Township staff and Planning Commission at a preapplication conference, it is recommended that the applicant provide the same information as suggested in the Chapter 305, Subdivision and Land Development, Article V, Application Content, § 305-25, Preapplication conference guidelines.
E.
Tentative approval.
(1)
Application content. An application for tentative approval of a planned residential development shall include the following:
(a)
Seven copies: application form, provided by the Township, and completed by the developer.
(b)
Application fee for tentative approval of a planned residential development.
(c)
Maps and information required by the Chapter 305, Subdivision and Land Development, Article V, Application Content, § 350-26, Preliminary application requirements, which shall also include the following:
[2]
Information to determine the location and size of the common areas and common open space and the form of the organization proposed to own and maintain the common areas for any planned residential development;
[3]
Survey of the property to be included in the PRD prepared and sealed by an engineer or surveyor licensed to practice in the Commonwealth of Pennsylvania;
[4]
written statement indicating the nature of the landowner's interest in the land proposed to be developed;
[5]
A topographic map showing existing contours at intervals of not more than five feet shall be provided. Also included on this map shall be important physical features, watercourses, etc., the location and extent of major trees and tree masses, existing structures, roads, sewer lines, water lines, power and gas lines, drainage swales and easements, and related elements.
[6]
A site plan showing the location and approximate size of all proposed structures. The location and size of all roads, parking areas, loading areas, ingress and egress drives; location, proposed development, and disposition of all open space land, including parks, playgrounds, open space reservations.
[7]
The generalized land use pattern within 300 feet of the boundaries of the proposed PRD. This information may be on a small-scale map.
[8]
A phasing plan for all projects requiring phasing.
[9]
Provisions for storm drainage and sewage disposal.
[10]
Streetlighting plan.
[11]
Such other reasonable information as the Township may direct.
(d)
Seven copies of written statements concerning:
[1]
The suitability of the site for the application of planned residential development concept, the proposed dwelling unit density, the suitability of the proposed uses, an approximate percentage allocation of the dwelling units by type for the first project phase, methods for solving known engineering problems connecting with the site and probable overall phasing and timing of the project.
[2]
The disposition of open space lands and the provisions for their maintenance and control. The financial responsibility for such open space lands must be clearly indicated.
[3]
Evidence of how the developer's approximate mix of land uses will meet existing housing, commercial and industrial demands. Such evidence concerning demands may be in the form of specific studies or relevant Comprehensive Plan reports. Developments of exclusively single-family dwellings need not provide evidence of meeting local market demands.
[4]
Demonstration of the applicant's financial ability and professional competency to carry out the plan and his awareness of the physical and financial scope of such project.
[5]
The purpose, location and amount of common open space in the planned residential development, the reliability of the proposal for maintenance and conservation of such common open space, and the adequacy or inadequacy of the amount and purpose of such common open space land as related to the proposed density and type of development.
[6]
An assessment documenting compliance with Subsections 4 and 5 of Section 707 of the MPC.[3] Such assessment shall indicate reasons why the planned residential development is consistent with the Township's Comprehensive Plan and is in the interest of the Township.
[3]
Editor's Note: See 53 P.S. §§ 10707(4) and 10707(5).
[7]
Requested modifications to the Township ordinances otherwise applicable to the site shall be cited.
(2)
Planning Commission review and comment. At the first regular meeting of the Planning Commission after the submission of the application, the Planning Commission shall hold an open meeting where the populace shall be heard on the application for tentative approval, and within 30 days of the filing of the application for tentative approval, the Planning Commission shall make a written recommendation to the Supervisors on any application for tentative approval of a planned residential development. In said recommendation, the Planning Commission shall set forth, with particularity, the explicit reasons for its recommendation that the proposal be either approved or denied.
(3)
County Planning Commission review and comment. At least 30 days before the public hearing, the Zoning Officer or designated staff person shall submit the application for tentative approval of a planned residential development to the County Planning Commission for review and comment as required by the Pennsylvania Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Public hearing.
(a)
Within 60 days after the filing of an application for tentative approval of a planned residential development, the Supervisors shall hold a public hearing pursuant to public notice on the application for tentative approval. The Supervisors shall cause notice of the public hearing to be given as follows:
[2]
By mailing a notice to the developer, to the Zoning Officer, and to any person who has made timely request for the same;
[3]
By sending written notices to adjacent property owners and property owners within 300 feet of the property involved in the application for planned residential development. Notices shall be sent by regular mail no more than 30 days nor less later than seven days prior to the date of the public hearing.
[4]
By posting one notice in the vicinity of each front lot line of the site for which the planned residential development is proposed in a place conspicuously visible from the street. In addition, notices shall be posted at the Municipal Building. All posting shall be done at least 15 days prior to the public hearing; and
[5]
By stating in the notice the general nature of the proposed planned residential development.
(b)
The Supervisors may continue the hearing from time to time and, where applicable, may refer the matter back to the Planning Commission 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.
(5)
Modifications. The Supervisors shall consider whether proposed modifications in any of the requirements of this chapter for each zoning district, except the provisions of this section, contained in an application for development of a planned residential development will make for a more efficient, attractive and harmonious planned development. If such modifications, in the judgment of the Supervisors, constitute a more beneficial use of the site than provided for under the requirements of the zoning district in which the site of the planned development is located, the Supervisors, in its sole discretion, may grant the modifications.
(b)
All common open space shall be reserved as permanent open space.
(c)
Provisions for all planned residential developments shall be in accordance with the laws of the Commonwealth of Pennsylvania for planned residential developments.
(d)
No modification shall be granted for any construction, development, use or activity within any floodway area as identified in Article XIII, Floodplain Management, § 350-77, Zoning districts, Subsection A, Description of districts, of this chapter that would cause any increase in the one-hundred-year flood elevation.
(e)
Under no circumstances shall a modification be granted to the prohibited uses in floodplain areas as set forth in Article XIII, Floodplain Management, § 350-78C(1), Prohibited uses.
(f)
Whenever a modification is granted to construct a structure below the one-hundred-year flood elevation, the Township shall notify the developer in writing that:
(6)
Findings. The Supervisors shall within 60 days following the conclusion of the public hearing make conclusions and findings by official written communication to the landowner and developer in accordance with Section 709 of the MPC.[5]
(a)
The Supervisors shall either:
[1]
Grant tentative approval of the development plan as submitted;
[2]
Grant tentative approval subject to specified conditions not included in the development plan as submitted:
[a]
The landowner may, within 30 days after receiving a copy of the official written communication of the Supervisors, notify the Supervisors of his refusal to accept all said conditions, in which case the Supervisors shall be deemed to have denied tentative approval of the development plan.
[b]
If the landowner does not notify the Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted; or
[3]
Deny tentative approval to the development plan.
[4]
Failure to act within 60 days shall be deemed to be a grant of tentative approval of the development plan as submitted.
(b)
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. The written 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]
The ways in which the development plan is or is not consistent with the Chartiers Township Comprehensive Plan;
[2]
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable, 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]
Final application requirements, B final plan for recording, the following information, if applicable: proposed uses, common open space, and common areas and, if applicable, common elements as defined in the Uniform Condominium Act[6] of the Commonwealth of Pennsylvania.
[6]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(c)
Seven copies. A development schedule showing:
[1]
The order of construction of the proposed sections delineated in the final development plan.
[2]
The proposed date for the beginning of construction on said sections.
[3]
The proposed date for the completion of construction on said sections.
[4]
The proposed schedule for the construction and improvement of the common areas.
(d)
Two copies. Deed restriction proposals to preserve the character of the common areas.
[1]
If the developer elects the association or nonprofit corporation method of administering common areas, the proposed bylaws of the association or the certificate of incorporation and the incorporated bylaws of the nonprofit corporation.
[2]
If the developer elects the condominium method of ownership of common areas, the proposed declaration of condominium bylaws and related documents.
(e)
Two copies. Instruments dedicating all public and private rights-of-way, easements and other public lots shown on the final development plan from all persons having any interest in said lots.
(f)
Performance security. The developer shall guarantee the installation of the private and public improvements specified in the final development plan by providing a performance security in the amount of 110% of the estimated cost of construction of the private and public improvements as determined in accordance with Section 509 of the MPC.[7]
[7]
Editor's Note: See 53 P.S. § 10509.
(g)
Two copies: a title insurance policy or an attorney's certificate of title showing the status of the title to the site encompassed by the final development plan and all liens, encumbrances and defects, if any, in a form acceptable to the Township Solicitor.
(h)
Two copies of tax receipts: paid receipts from the taxing bodies indicating taxes have been paid in full up to and including the current period.
(i)
Two copies: evidence that a commitment from a responsible financial institution or entity has been issued to the developer for construction financing.
[5]
Editor's Note: See 53 P.S. § 10709.
(7)
Planning Commission review and recommendation. The Planning Commission shall, at its next regular meeting after the filing of the application for final approval, examine the application and determine if the application meets the criteria and includes the items required by this chapter and if the application for final approval complies with the conditions of tentative approval, if any. The Planning Commission shall forward its written report to the Supervisors within 20 days of the filing of the application for final approval, setting forth its findings and recommendations.
(8)
Action on application for final approval. Action on the application for final approval shall be in accordance with Section 711 of the MPC.[8]
(a)
The Supervisors shall, within 45 days of the filing of an application for final approval, grant final approval to the application if:
[1]
The application for final approval is in conformance with the requirements of this chapter; and
[2]
The application is in substantial conformance with the official written communication of tentative approval. A plan submitted for final approval shall be deemed in substantial compliance with the plan previously given tentative approval, provided that any changes by the applicant to the plan as tentatively approved do not:
[a]
Vary the proposed gross residential density or intensity of use by more than 5%; nor
[b]
Involve a reduction of the area set aside for common open space nor the substantial relocation of such areas; nor
[c]
Increase by more than 10% the floor area of the proposed nonresidential use; nor
[d]
Increase by more than 5% the total ground area covered by buildings nor involve a substantial change in the height of buildings.
(b)
If the development plan contains variations from the development plan given tentative approval greater than those specified in the preceding section, the 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 setting forth the reasons why one or more of the variations are not in the public interest.
(c)
Actions by landowner for application with variations.
[1]
When an application for final approval contains variations from the development plan granted tentative approval, at any time within which the landowner shall be entitled to apply for final approval or within 30 days of the Supervisors' refusal to grant final approval of an application, the landowner may either:
[2]
Failure to take either of these alternate actions within the time specified shall be deemed an abandonment of the development plan.
(d)
Public hearing. A public hearing on an application for final approval of a development plan, or part thereof, submitted for final approval shall not be required by the Supervisors; however, the Supervisors shall hold a public hearing pursuant to public notice within 30 days after written request for such hearing is made by the landowner. The hearing shall be conducted in the manner prescribed for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the 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.
[8]
Editor's Note: See 53 P.S. § 10711.
(10)
Authorization to develop a PRD. Before any development shall be authorized by the issuance of a zoning permit or any other permit and before any development shall take place in accordance with an approved development plan, the final development plan shall be approved and recorded. The developer shall provide the Township with proof of recording.
F.
Procedure for approval of amendments to planned residential developments after final approval and/or recording. An application to amend a final approval of a planned residential development shall follow the same procedural and content requirements as for an application for final approval of a planned residential development. See 550.6.4[10] of this chapter. Any amendment to a planned residential development submitted after final approval for recording which does not violate any of the conditions or requirements of the tentative approval or of the zoning district classification and which meets the substantial compliance requirements of this article may be approved at a public meeting of the Supervisors after recommendation by the Planning Commission. Upon approval of the amendment, the amended final development plan shall be recorded as provided in 550.6.5[11] of this chapter.
G.
Completion and acceptance of public improvements. Upon completion of the public improvements in a final development plan, the provisions of the Chapter 305, Subdivision and Land Development, shall apply and govern the filing of as-built plans and the completion and acceptance of public improvements.
H.
Release of performance security. The release of the performance security required under 550.6.2.9[12] of this chapter, the acceptance of public improvements, and the provision of the required maintenance security shall be governed by Chapter 305, Subdivision and Land Development.
[12]
Editor's Note: So in original.
I.
Remedies to effect completion. The remedies available to the Township to effect completion of public improvements shall be governed by Chapter 305, Subdivision and Land Development.
J.
Uniformity with Chapter 305, Subdivision and Land Development. The provisions of § 350-28I and J above are intended to make uniform the requirements of this chapter and Chapter 305, Subdivision and Land Development. Whenever the above-cited provisions of Chapter 305, Subdivision and Land Development, are amended, those amendments shall be incorporated into this chapter as of the effective date of the amendment.
K.
Phasing and plan changes.
(1)
A plan which requires more than 24 months to complete shall be constructed in phases, and the phasing plan must be developed.
(2)
In a phased PRD it is expected that changes in the approved final plan will be required from time to time. In order to preserve the flexibilities which are fundamental to PRD, plan changes are permitted in accordance with the provisions of Section 550.7[13] of this chapter.
[13]
Editor's Note: So in original.