Green Tree City Zoning Code
ARTICLE IX
Planned Residential District
§ 420-149 Definition.
A "planned residential development" is an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required common open space to the regulations established in any one zoning district created, from time to time, under the provisions of this article.
§ 420-150 Statement of community development objectives.
The purposes of the planned residential development (PRD) regulations are to permit residential development which is more innovative than is generally possible under conventional zoning district regulations and subdivision requirements; to encourage greater variety in design and layout of residential development; to encourage a more efficient use of land and public services while providing a compatible blend of housing types, amenities and community facilities of high quality, oriented to the specific development site and preserving the natural scenic qualities of open space; to encourage walking and the use of public transportation; to facilitate access to places of employment; and to improve access to existing or future transit service.
§ 420-151 Applicability and relationship to other ordinances and statutes.
A.
A planned residential development shall be permitted in the Office Commercial Zoning District within the Borough, subject to the standards, criteria, restrictions and procedures outlined in this article.
B.
The provisions of this article for approval of a planned residential development shall be a modification to and in lieu of procedures and criteria for approvals otherwise required in the Office Commercial Zoning District and the Borough's Subdivision and Land Development Ordinance, Chapter 300. To the extent this article references any other articles of this chapter or the Borough's Subdivision and Land Development Ordinance, and there is a conflict between this article and the referenced Article, the language in this article shall govern. Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this article.
§ 420-152 Site area, use, density and other requirements.
A.
Minimum site size. The minimum site required for a planned residential development shall be 10 contiguous acres. Public easements or rights-of-way and public or private streets shall not be construed as an interruption or division of the 10 continuous acres.
B.
Permitted uses.
(1)
The following uses shall be permitted in a planned residential development:
(a)
Townhouse dwelling.
(b)
Cluster house dwelling.
(c)
Multistory cluster house dwelling.
(d)
High-rise apartment dwelling.
(e)
Accessory maintenance and/or storage facility.
(f)
Garage.
(g)
Parking structure.
(h)
Common open space and the recreational areas and facilities permitted therein.
(i)
Any combination thereof of the above uses.
(2)
In addition to the above-listed uses permitted in a PRD, recreation facilities designed for the use of the residents of the PRD shall be permitted.
C.
Lot size. There shall be no minimum lot size, required yards, lot width, or maximum coverage for lots, except as follows:
(1)
Townhouse if designed with yards.
(a)
Lot area. The lot area shall be a minimum of 1,800 square feet.
(b)
Lot width. The lot width shall be a minimum of 20 feet.
(c)
Lot depth. The lot depth shall be a minimum of 90 feet.
(d)
Front yard. There shall be a front yard having a depth of not less than 15 feet from the curb line of a public or private street to the townhouse structure. If there is a private garage which is accessed by a private driveway, the front yard shall have a depth of not less than 20 feet from the sidewalk to the private garage entrance or, if there is not a sidewalk, the depth shall be measured from the curb line. Additional appurtenances, including, but not limited to, bay windows, porches, patios or portions of the roof, may extend into the setback from the structure or garage not more than three feet.
(2)
Side yard. The requirements for side yards are as follows:
(a)
Interior lots. There shall be no side yard requirements.
(b)
End or corner lots. On corner lots, there shall be a side yard not less than 20 feet wide adjoining the intersecting street, which side yard can be reduced to 15 feet, provided that the lot to the rear does face on such intersecting street. On end lots, a side yard shall not be required.
(3)
Rear yard. There shall be a rear yard having a depth of not less than 15 feet.
D.
Required buffer area.
(2)
To the greatest extent possible, the natural vegetation in any required buffer areas shall remain untouched except for routine maintenance.
(3)
Any buffer area that is disturbed during construction or is not adequately vegetated to provide reasonable screening shall be a planted buffer area. Hiking, biking and/or exercise trails are permitted in the buffer areas, provided they are not impervious to water.
(4)
The planted buffer area shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen plantings spaced within the row a maximum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees or two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. Trees shall be no less than six feet in height at the time of planting.
(5)
This § 420-152D shall not apply to any municipal boundary where the applicant, its successors and/or assigns own or control the parcel adjacent to the municipal boundary and the applicant intends to utilize the adjacent parcel for residential purposes connected with the proposed planned residential development.
E.
Building size and spacing. The following requirements shall apply to all buildings within a planned residential development.
(1)
Maximum building height: 100 feet.
(a)
The height of any building erected or enlarged shall not exceed 100 feet, measured from the mean exterior ground elevation along the perimeter of the building.
(b)
The height of the building shall be measured to the highest point of the main roof. Only the following structures may be constructed above the main roofline, and the same shall not be included in determining the height of the building, provided that no material, supply or property of any kind is stored therein or occupies any space therein:
[1]
Machinery rooms not exceeding 20 feet in height, containing elevator machinery and/or other mechanical equipment;
[2]
Enclosed air-conditioning cooling towers;
[3]
Entrances to stairwells;
[4]
Chimneys not exceeding 20 feet in height;
[5]
Antennas not exceeding 20 feet in height; and
[6]
Cupolas, dormers, gables, steeples, ridgelines, hips, mansards or any other protrusion, not exceeding 20 feet in height, provided that this does not include any living space.
(2)
Maximum building length: 250 feet.
(3)
Minimum building spacing: 20 feet between buildings.
(4)
Minimum setback from any public street to the structure (not a garage): 15 feet from the curbline.
(5)
Minimum setback from any public or private street to a driveway leading toward a private garage: 20 feet from the sidewalk or, if there is not a sidewalk, 20 feet from the curbline.
(6)
Minimum setback from any private street to the structure (not a garage): 15 feet from the curbline.
(7)
Minimum setback from any PRD boundary line (nonresidential/residential): 50 feet.
(8)
Maximum length of a plane of the building front facade (this requirement does not apply to high-rise apartment dwellings): The length of one townhouse unit in a cluster house dwelling, or one dwelling in a multistory cluster house dwelling, but in no event may the length of a plane of a single townhouse or dwelling unit exceed 40 feet.
F.
Access. The site of a planned residential development shall have frontage on and vehicular access to a public street either directly or through a private easement which may not be less than 26 feet in width. The projected traffic volumes associated with the proposed PRD shall be capable of being accommodated by the adjacent street network.
G.
Density. The site shall not have more than an average of 17 dwelling units per acre. Where the site is bisected by a municipal boundary line and the applicant controls adjacent parcels located in each municipality and intends to use each adjacent parcel as part of the planned residential development, the total gross density of the parcel located in the Green Tree Borough shall not exceed the total of 17 dwelling units times the total acres located in the Green Tree Borough.
§ 420-153 Required site improvements.
A.
Each planned residential development shall provide the following improvements.
(1)
Building design.
(a)
The front facade of any cluster house dwelling or multistory cluster house dwelling shall have a single plane no longer than the dimension specified in § 420-152E. The front facade shall have offsets, returns and recesses, so that no two adjacent townhouses or dwellings in the same cluster house dwelling or multistory cluster house dwelling have the same plane. The front building facade shall be designed with prominent or recessed entrances and prominent or recessed dwelling units or townhouses to create a facade that has a third dimension, gives an overall appearance of multiple dwelling units that share only a portion of a common wall, and does not create a flat or barn-like appearance. The use of bay or bow windows are encouraged, but the use of bay or bow windows along an otherwise flat front facade shall not satisfy the requirement for prominent or recessed offsets.
(b)
The roofline of any cluster house dwelling or multistory cluster house dwelling shall have dormers, protrusions, recesses, projections, peaks, gables and/or valleys that are consistent with § 420-153A(1)(a) so as to produce a front facade with the appearance of multiple townhouses or multiple units that do not share a common roofline.
(c)
The exterior design of any cluster house dwelling or multistory cluster house dwelling shall have a common architectural theme. While similar and compatible building materials shall be used on the exterior surfaces of all buildings, including residential, recreational and meeting buildings, the use of different but compatible exterior materials are encouraged for each adjoining unit that is part of a cluster house dwelling or multistory cluster house dwelling.
(2)
Site improvements. Site improvements, whether public or private, including, but not limited to, streets, storm and sanitary facilities, sidewalks, utilities, street signs, streetlights and other improvements, shall be installed in accordance with Article VI, Principles and Standards of Construction, and Article VII, Improvements, of Chapter 300, Subdivision and Land Development.
(3)
Parking. There shall be 1 1/2 off-street parking stalls per unit. The parking requirements set forth in Article IV of this chapter shall apply unless they are inconsistent with this article or otherwise specifically excepted. Specifically, § 420-38 as related to the number of required stalls per use; § 420-36, landscaping, buffering and screening areas; and § 420-38, off-street loading and unloading, shall not apply to this article. The general requirements regarding stall size and maneuvering aisles shall apply as set forth in § 420-38.
(4)
Common open space areas required. Within a planned residential development, the following percentages of the total gross site area shall be devoted to the specified uses indicated:
(a)
"Common open space" is a parcel of land or area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of the residents of the PRD, not including streets, off-street parking areas, and decorative landscaping adjacent to buildings. As used in this article, "common open space" includes both natural common open space and usable common open space.
(b)
Natural common open space. A minimum of 15% of the total site area shall be set aside and preserved for natural common open space. Natural common open space shall be designated, maintained and provided throughout and/or surrounding the PRD. An area designated, provided or maintained for natural common open space shall be in its natural, undisturbed condition or its maximum, restored undisturbed condition. Where significant or unique natural amenities exist on the site, the Borough Council shall have the authority to enforce and require the preservation of such amenities as part of the required natural common open space. These amenities may include, but are not limited to, natural features, such as rock outcroppings, virgin timber, woodlands, ravines, ponds, stream beds and stream valleys. Areas of land where underground facilities and/or utilities are located, and the areas used for stormwater retention ponds may be used for natural common open space. Hiking, biking and exercise trails may be permitted in the natural common open space, provided they are not impervious to water. This area may include the required buffer areas as well as nonbuildable areas of the site.
(c)
Usable common open space. A minimum of 20% of the total site area shall be set aside and preserved for usable common open space which shall be in addition to any area designated as natural common open space as required by § 420-153A(4)(b). The following uses may be located within the usable common open space: hiking, biking or exercise trails; golf course or putting green; picnic pavilions; tennis, paddle tennis, basketball, volleyball or other playing courts; swimming pool and related facilities; community building for meetings and social activities; and other active and passive recreational uses deemed consistent with the uses set forth in this section. The buffer areas may not be used in the calculation of the usable common open space. Not more than 1/2 of the area identified as usable common open space shall be used for items which are impervious to water.
(d)
The common open space shall be identified as parcels of land in the development plan in order that their locations and areas can be readily calculated and in order that these areas can be regulated and maintained.
(e)
Upon the issuance of 65% of the total occupancy permits to be issued for the development, the applicant shall commence construction of the recreational areas and facilities to be located in the usable common open space and at the same time post a bond with the Borough to guarantee the completion of said recreational areas and facilities.
(f)
No more than 65% of the total site area shall be devoted to residential use, which shall include buildings, streets, driveways, parking areas, and private yards and courts which abut and serve residences.
(5)
Maintenance and protection of common open space.
(a)
Common open space in a planned residential development shall be protected by adequate covenants running with the land or by conveyance or dedication. However, it is not the intent of this section that the Borough shall be required or mandated to accept any such dedication. A PRD shall be approved subject to the submission of a legal instrument or instruments setting forth a plan for the permanent care and maintenance of such common open space and the recreational areas and facilities located therein. No such instrument shall be acceptable until approved by the Borough Council as to legal form and effect. In cases where the Borough will not be accepting dedications of common open space and the recreational areas and facilities located therein, the applicant shall provide for an organization or trust for ownership and maintenance of said common open space and the recreational areas and facilities located therein.
[1]
In the event that the organization 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 municipality may serve written notice upon such organization 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 thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the municipality 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.
(b)
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 municipality, 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 open 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.
(c)
Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned residential development, to be held by the governing body or its designated agency, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the municipality shall not, at the option of the municipality, continue for a succeeding year. If the governing body, or its designated agency, shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the municipality shall cease to maintain said common open space at the end of said year. If the governing body or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the municipality 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.
(d)
The decision of the governing body or its designated agency shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by this act.
(e)
The cost of such maintenance by the municipality 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 municipality at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the prothonotary of the county, upon the properties affected by the lien within the planned residential development. See 53 P.S. § 10705(f)(1) through (6).
(6)
Trees and landscaping. Trees shall be provided every 50 feet along the public or private streets. Trees shall be planted in nontraveled areas of the street rights-of-way. Trees shall be readily available and in accordance with the American Standard for Nursery Stock requirements.
(7)
Sidewalks. Sidewalks shall be installed on at least one side of all streets within the planned residential development at a minimum distance of four feet back from the rear edge of the curb of the street. Sidewalks shall be constructed in accordance with the Borough's Standards of Construction SC-4. Maintenance and repair of the sidewalks shall be the responsibility of the developer or the entity created to own and maintain in common open space.
(8)
Streetlights. Streetlights shall be installed in accordance with § 300-48 of the Subdivision and Land Development Ordinance. However, the applicant has the right to submit a lighting plan which shall include decorative lights, provided they are consistent with the architecture set forth in the development plan. The Borough shall approve the lighting plan as part of the final approval, provided it is compatible with the overall architecture scheme set forth in the development plan and does not increase costs for the Borough. However, approval of the plan shall not require nor mandate that the Borough assume any future maintenance costs for such lighting.
§ 420-154 Site ownership.
Prior to submitting an application for tentative approval, the applicant shall demonstrate ownership of all land within the proposed site of the PRD or the legal right to act on behalf of any other landowner within the PRD. Legal or equitable ownership also shall be demonstrated coincident with approval of the final development plan.
§ 420-155 Administration and procedure.
A.
The PRD provisions of this article shall be administered by the Borough Council. The Planning Commission shall review all applications on the basis of the standards specified in this article and make a recommendation to the Borough Council. The Borough Council shall conduct public hearings as required by the MPC herein and shall have the authority to approve, approve with conditions, or disapprove a PRD.
B.
Preapplication conference. An applicant may confer with the Zoning Officer to schedule a preapplication conference. Upon written request of the applicant, the Zoning Officer shall schedule a preapplication conference. The conference may include such members or designated representatives as each party may request.
C.
Application for tentative approval.
(1)
Twelve copies of an application for tentative approval of the development plan for a planned residential development shall be submitted to the Planning Commission along with payment of the application fee as prescribed by Council.
(2)
The application, at a minimum, shall contain the following information:
(a)
The location, size and topography of the site and the nature of the applicant's interest in the land proposed to be developed;
(b)
The density of land use to be allocated to parts of the site to be developed;
(c)
The location and size of the common open space and the form of organization proposed to own and maintain the common open space;
(d)
The use and the approximate height, bulk and location of buildings and other structures;
(e)
The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater;
(f)
The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities;
(g)
The provisions for parking of vehicles and the location and width of proposed streets and public ways;
(h)
The required modifications in the municipal land use regulations otherwise applicable to the subject property;
(i)
The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources; and
(j)
In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed. This schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
(3)
The application for tentative approval of a planned residential development shall include a written statement by the applicant setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Borough.
§ 420-156 Public hearing reapplication for tentative approval.
Within 60 days following the submission of an application for tentative approval of a PRD which contains all of the required documentation, a public hearing pursuant to public notice shall be held by the Borough Council. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by mail to each landowner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. Additionally, the notice of the hearing shall be posted conspicuously along the property in accordance with Chapter IX, § 908, of the Municipalities Planning Code.[1] The cost of mailing the notices shall be paid by the applicant. The public hearing shall be conducted in the manner prescribed in § 908, and all references to the Zoning Hearing Board in § 908 shall apply to the Borough Council.
[1]
Editor's Note: See 53 P.S. § 10908.
§ 420-157 Tentative approval.
A.
Within 60 days following the conclusion of the public hearing, or within 180 days after the date of filing of the application for tentative approval, whichever occurs first, the Borough Council shall, by official written communication, either:
B.
Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the applicant may, within 30 days after receiving a copy of the official written communication of the Borough Council, notify the Borough Council of its refusal to accept all said conditions, in which case, the Borough Council 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 Borough Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
C.
The grant or denial of tentative approval by official written communication shall include not only conclusions of law but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
(1)
In those respects, in which the development plan is or is not consistent with the Comprehensive Plan for the development of the municipality;
(2)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;
(4)
The physical design of the development plan and the manner in which said design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation, and visual enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
(6)
In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
D.
In the event a development plan is granted tentative approval, with or without conditions, the governing body 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 applicant, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of developments over a period of years, the time between applications for final approval of each part of a development plan shall not be less than 12 months.
§ 420-158 Status of plan after tentative approval.
A.
The official written communication provided for in this article shall be certified by the Borough Manager and shall be filed in his office, and a certified copy shall be mailed to the applicant. Where tentative approval has been granted, it shall be deemed an amendment to the Official Zoning District Map, effective upon final approval, and shall be noted on the Official Zoning District Map.
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 applicant (and provided that the applicant has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Borough pending an application or applications for final approval, without the consent of the applicant, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.
C.
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the applicant shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the applicant shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local Zoning Codes otherwise applicable thereto, as they may be amended from time to time, and the same shall be noted on the Official Zoning District Map and in the records of the Borough Manager.
§ 420-159 Application for final approval.
A.
After the development plan is granted tentative approval by the Borough Council, the applicant shall submit the application for final approval, which shall consist of detailed plans for all land included in the development or, to the extent set forth in the tentative approval, for a section thereof. A public hearing on an application for final approval of the development plan, or a part thereof, shall not be required provided the development plan, or the part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto. No building permit shall be issued until final approval has been granted by Borough Council to the submitted application.
B.
Final approval of development plan; variations from tentatively approved plan.
(1)
In the event that an application for final approval has been filed, together with all drawings, specifications and other documentation in support thereof, in accordance with the requirements of this article and the official written communication of tentative approval, the Borough Council shall, within 45 days from the date of the regular meeting of the Borough Council or the Planning Commission, whichever first reviews the application next following the date the application is filed, grant final approval to the development plan; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.
(2)
Procedure when variations are made.
(a)
In the event that the final development plan as submitted contains variations from the development plan granted tentative approval, the Borough Council may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the Borough Council or the Planning Commission, whichever first reviews the application next following the date the application is filed, so advise the applicant in writing of said refusal, setting forth in the notice the reasons why one or more of said variations are not in the public interest; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed. In the event of such refusal, the applicant may either:
(b)
If the applicant wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the applicant was advised that the development plan was not in substantial compliance. If the applicant fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.
(c)
Any public hearing held on an application for final approval shall be held pursuant to public notice within 30 days after the request for the hearing is made by the applicant, and the hearing shall be advertised and conducted in the manner prescribed in this article for public hearings on an application for tentative approval.
(3)
Within 30 days after the conclusion of the public hearing, if any, the Borough Council shall, by official written communication, either grant or deny final approval to the development plan. The grant or denial of final approval of the development plan shall, in cases where a public hearing is required, be in the form and contain the findings required for an application for tentative approval as set forth in § 420-157C. Failure of the governing body or agency to render a decision on an application for final approval and communicate it to the applicant within the time and in the manner required by this section shall be deemed an approval of the application for final approval, as presented, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.
C.
Changes, including, but not limited to, changes in the location and placement of buildings and structures deemed minor by the Borough Council, may be authorized without additional public hearings if required by engineering after tentative approval or caused by other reasons or circumstances not foreseen at the time of tentative approval. However, density established at the time of tentative approval shall not be changed without a public hearing.
D.
The application for final approval shall comply with all applicable provisions of this article, and the development plan shall include, at a minimum, the following:
(1)
Payment of the application fee as prescribed by Council.
(2)
All data required by the MPC, as may be amended subsequently, and any information required by this article or any other referenced sections of the Borough's Planning and Zoning Code. Note: The Planning and Zoning Code consists of Chapter 84, Planning Commission; Chapter 300, Subdivision and Land Development; and Chapter 420, Zoning, of this Code.
(5)
A complete traffic impact study describing the impact of traffic generated by the development on adjacent streets and intersections and any mitigation action to be taken by the applicant if any mitigation is needed. To the extent the proposed development encourages walking and the use of public transportation, facilitates access to places of employment, and improves access to existing or future transit service, these factors shall be considered in any traffic study or report.
E.
A final development plan, or any part thereof, which has been granted final approval shall be so certified without delay by the Borough Council and shall be filed of record in the Allegheny County Department of Real Estate before any development shall take place on the subject site. Certification for recording shall be subject to posting of the financial security required by the Borough's Subdivision and Land Development Ordinance[1] for public and private improvements located within the development.
F.
In the event that a development plan, or section thereof, is given final approval and thereafter the applicant shall abandon such plan, or section thereof, that has been finally approved, and shall so notify the Borough Council, in writing, or, in the event that the applicant shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in § 508 of the MPC[2] after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is reclassified by enactment of an amendment to the Borough's Zoning Code.
[2]
Editor's Note: See 53 P.S. § 10508.