South Strabane Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XIV
Planned Residential Development
§ 245-94 Purpose.
A.
The purpose of these planned residential development (PRD) regulations is to permit residential development that is more creative and imaginative than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical and efficient use of the land while providing a compatible blend of housing types, amenities and community facilities of high quality, oriented to the specific development site and preserving the natural scenic qualities of open space.
B.
Each planned residential development (PRD) should be designed to accomplish the following:
(1)
A maximum choice in the types of living environments.
(2)
Open space and recreation areas directly related to the intended users.
(3)
A pattern of development that preserves trees, outstanding natural topography and geological features and prevents soil erosion.
(4)
A creative approach to the use of land and related physical development.
(5)
An efficient use of land, resulting in smaller networks of utilities and streets and lower housing costs.
(6)
An environment of stable character in harmony with surrounding development.
(7)
A more desirable environment than would be possible through the strict application of other articles of this chapter.
§ 245-95 Effect on other provisions; failure to comply.
The provisions of this article for approval of a planned residential development (PRD) shall be a modification to and in lieu of procedures and criteria for approvals otherwise required in this chapter and Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane. Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
§ 245-96 Site, area and design requirements; modifications to existing regulations.
A.
Site area. In all cases, the minimum site required for a planned residential development (PRD) shall be 25 contiguous acres. Sites that are divided by a public or private street right-of-way shall not be construed as contiguous for the purposes of a planned residential development (PRD).
B.
Site ownership. The site proposed for a planned residential development (PRD) shall be under single ownership and control at the time an application for tentative approval is submitted. Prior to submitting an application for tentative approval, the applicant shall demonstrate that he is the landowner, as defined by this chapter. Legal, as well as equitable, ownership shall be demonstrated coincident with approval of the final development plan.
C.
Dwelling units authorized. Based on the zoning district classification of the site, one or more of the following dwelling types may be included in a planned residential development (PRD):
R-2 District | R-3 District | R-4 District | |
|---|---|---|---|
Single-family dwelling | Single-family dwelling | Single-family dwelling | |
Two-family dwelling | Two-family dwelling | Two-family dwelling | |
Triplex, quadraplex | Triplex, quadraplex | Triplex, quadraplex | |
Townhouse | Townhouse | ||
Garden apartment | Garden apartment | ||
Mid-rise apartment |
D.
Recreational and other common facilities for the residents.
(1)
In addition to the residential uses permitted in a planned residential development (PRD), recreation facilities designed for the use of the residents of the planned residential development (PRD) shall be permitted, including, but not limited to, hiking, biking or exercise trails; tennis, paddle tennis, basketball, volleyball or other playing courts; swimming pool and related facilities; golf course or putting green; community building for meetings and social activities; picnic pavilions; and other passive and low-impact active recreational uses deemed appropriate to the needs and interests of the proposed residents of the planned residential development (PRD) by the Board of Supervisors.
(2)
Passive recreation facilities may be provided within the common open space. Low-impact active recreation shall be provided based on the ratio of 250 square feet per dwelling unit. The total area devoted to low-impact active recreation shall be located within the common open space required by § 245-98. The specific facilities proposed shall be subject to review and recommendation by the Planning Commission and approval by the Township based on the anticipated needs of the residents.
[Amended 7-23-2019 by Ord. No. 3-2019]
E.
Maximum dwelling unit density. Regardless of whether a planned residential development (PRD) is comprised of a mix of dwelling types or a single dwelling type, the maximum dwelling unit density shall be four units per acre in the R-2 District, six units per acre in the R-3 District and 12 units per acre in the R-4 District. Dwelling unit density shall be calculated using the net site area resulting from the deduction of all areas of the site having slopes of 25% or greater from the gross site area.
F.
Minimum lot area.
(1)
In no case shall the minimum lot area required for a single-family dwelling or two-family dwelling be reduced to less than the following minimum lot areas in planned residential developments (PRD) proposed in the R-2, R-3 or R-4 District:
Dwelling Type | Minimum Lot Area | |
|---|---|---|
Single-family dwelling | 7,500 square feet | |
Two-family dwelling | 10,000 square feet, (5,000 square feet per dwelling unit) |
(2)
There shall be no minimum lot area required for triplex, quadraplex, townhouse, garden apartment and mid-rise apartment dwellings, provided all other applicable requirements of this article are met.
G.
Minimum building setback on the perimeter of the planned residential development (PRD) site. The following perimeter setbacks shall apply whenever a particular dwelling type is authorized in any planned residential development (PRD). No mid-rise apartment shall be located closer to any boundary of the planned residential development (PRD) site than 100 feet. No garden apartment, townhouse, triplex or quadraplex shall be located closer to any boundary of the planned residential development (PRD) site than 75 feet. All other structures shall be located at least 50 feet from the boundary of the planned residential development (PRD) site. No accessory structure and no off-street parking shall be located in this required perimeter setback area.
H.
Internal setbacks and distance between buildings.
(1)
Where each residential building is proposed on a separate lot. Regardless of dwelling type, where each residential building is proposed on a separate lot, the following regulations shall apply:
(a)
The minimum required front yard setback from a public or private street shall be 20 feet.
(b)
The minimum required rear yard for all principal and accessory structures shall be 20 feet. Decks, porches and other architectural projections shall comply with § 245-173, governing permitted projections.
(c)
Where attached dwelling units are proposed to be subdivided along common walls, a zero side yard shall be permitted along the common walls, provided the exterior wall of the residential building is set back a minimum of five feet on one side of the lot, with a combined total of two side yards on the lot equaling not less than 20 feet, and further provided that, in every case, the total distance between proposed structures on adjacent lots shall be not less than 20 feet.
(2)
Where two or more buildings occupy the same lot.
I.
Buffer areas.
(1)
Buffer Area A, as described in § 245-171A of this chapter, shall be provided along all property lines on the perimeter of a planned residential development (PRD) site adjoining an A-1, R-1, R-2, R-3 or R-4 District.
(2)
Buffer Area C, as described in § 245-171A of this chapter, shall be provided along all other property lines on the perimeter of a planned residential development (PRD).
(3)
Buffer Area C, as described in § 245-171A of this chapter, shall be required along all property lines within the planned residential development (PRD) site that separate single-family dwellings in the planned residential development (PRD) from two-family, triplex, quadraplex, townhouse or garden apartment dwellings. Where these units are separated by a public or private street right-of-way, a buffer area shall not be required.
(4)
All buffer areas shall not be incorporated into the common open space and shall not be permitted to be part of any individual lot in the planned residential development (PRD).
(5)
Required buffer areas shall be maintained in perpetuity by the organization created to own and maintain the common open space. Restrictive covenants and/or provisions in the organization's bylaws shall specify this responsibility.
[Added 7-23-2019 by Ord. No. 3-2019]
J.
Modifications to otherwise applicable zoning and subdivision regulations.
(1)
The design and construction standards of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane shall apply to all public and private improvements proposed in a planned residential development (PRD) unless a waiver or modification is granted by the Board of Supervisors in accordance with the procedure for granting waivers and modifications specified in Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.
(2)
In reviewing an application for tentative approval of a planned residential development (PRD), the Board of Supervisors may also consider modifications to any otherwise applicable provision of the zoning district in which the development site is located, provided that none of the requirements of this article shall be modified. The Board of Supervisors, in considering such modifications, shall determine whether the proposed modification contributes to a more beneficial use of the site, preserves natural features and may be necessitated by physical hardships related to the site characteristics.
(3)
If the applicant proposes any modifications to the provisions of this chapter or Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane, such request for modification shall be in writing and shall accompany and be a part of the application for tentative and/or final approval. Such written request shall specify the chapter section from which a modification is requested and shall state the grounds for the request, the unreasonable hardship on which the request is based and the minimum modification necessary to relieve the hardship.
(4)
Whenever a request for modification is granted or denied, the reasons for such grant or denial shall be stated within the official written communication to the landowner. The grant of a modification request may be subject to reasonable conditions designed to promote the purposes set forth in this article.
§ 245-97 Access and availability of public services.
A.
Access and traffic control. If a planned residential development (PRD) contains triplexes, quadraplexes, townhouses, garden apartments or mid-rise apartments, the site of a planned residential development (PRD) shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter. The projected traffic volumes associated with the proposed planned residential development (PRD) shall be capable of being accommodated by the adjacent street network. The site proposed for a planned residential development (PRD) shall have a minimum of two means of ingress and egress from the existing street network.
B.
Traffic impact study. The developer shall submit a traffic impact study prepared in accordance with the requirements specified in Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane. The traffic impact study shall identify the traffic impact of the proposed planned residential development (PRD) and the recommendations to mitigate those impacts, as warranted. Ingress and egress to and from the site shall be designed to comply with the minimum requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.
C.
Sidewalks. Sidewalks shall be provided on at least one side of every street in the planned residential development (PRD). Sidewalks shall be constructed in accordance with the requirements of Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane and Township construction specifications. See Ch. 91, Construction Activities, and Ch. 95. Construction Codes, Uniform.
[Amended 7-23-2019 by Ord. No. 3-2019]
D.
Public water and sewer service. All dwelling units and other principal structures in a planned residential development (PRD) shall be connected to a public water supply and public sanitary sewer service.
E.
Storm drainage. The developer shall provide a storm drainage system within a planned residential development (PRD) that shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the planned residential development (PRD) and shall be so constructed to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the Township Stormwater Management Ordinance, as now or hereafter adopted or amended. Ch. 198, Stormwater Management.
[Amended 7-23-2019 by Ord. No. 3-2019]
§ 245-98 Common open space.
A.
Areas required.
(1)
The minimum required common open space shall comprise 20% of the gross site area of the planned residential development (PRD). Additional open space may be provided in excess of the minimum required 20%.
(2)
Of the minimum required open space area, not more than 50% may be covered by water. Surface stormwater management facilities may not be included in the common open space and not be considered to be areas covered by water. Subsurface stormwater management facilities may be located in areas designated as common open space.
[Amended 7-23-2019 by Ord. No. 3-2019]
(3)
Recreational facilities or structures and their accessory uses located in common open space areas shall be considered improved open space as long as the total impervious surface area constitutes no more than 5% of the total common open space.
(4)
No more than 10% of the minimum required open space area shall be in excess of a 25% slope.
[Amended 7-23-2019 by Ord. No. 3-2019]
(5)
To the extent feasible, steep slopes, streams, lakes, ponds, woodlands and other environmentally sensitive areas shall be incorporated into the common open space.
(6)
[1]At least 40% of the minimum required common open space shall be suitable for active recreation and/or passive recreation, having slopes of 15% or less and being located on a portion of the site that is easily accessible by pedestrians. The actual amount of the common open space that is developed for active recreation shall be subject to approval by the Township in accordance with the provisions of § 245-96D.
[1]
Editor’s Note: Former Subsection A(6), regarding required buffer areas, was repealed 7-23-2019 by Ord. No. 3-2019. This ordinance also provided for the redesignation of former Subsection A(7) as Subsection A(6).
B.
Protection of common open space. Common open space in a planned residential development (PRD) shall be protected by adequate covenants running with the land or by conveyances or dedications. Said covenants shall restrict the further subdivision of the common open space. A planned residential development (PRD) shall be approved, subject to the submission of a legal instrument or instruments setting forth a plan for the permanent preservation, care and maintenance of such common open space, recreational areas and other facilities owned in common by an organization established for such purposes. No such instrument shall be acceptable until approved by the Board of Supervisors as to legal form and effect. In cases where the Township will not be accepting dedications of streets, recreation areas or common open spaces, the developer shall create an organization or trust for ownership and maintenance of the common open space and common facilities.
C.
Common open space maintenance. In the event that the organization established to own and maintain the common open space, or any successor thereto, shall, at any time after establishment of the final development plan, fail to maintain the common open space, including all streets, driveways and recreational facilities, in reasonable order and condition in accordance with the development plan granted final approval, the Township may take remedial action to cause the common open space and common facilities to be properly maintained, as provided for in Section 705(f) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10705(f).
[Amended 7-23-2019 by Ord. No. 3-2019]
§ 245-99 Application for tentative approval.
[Amended 7-23-2019 by Ord. No. 3-2019]
The planned residential development (PRD) provisions of this chapter shall be administered by the Board of Supervisors. The Planning Commission shall review all applications on the basis of the standards specified in this article and make a recommendation to the Board of Supervisors. The Board of Supervisors shall conduct the public hearings required by the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.) and shall have the final authority to approve, approve with conditions or disapprove a planned residential development (PRD).
A.
Preapplication conference.
(1)
Prior to filing an application for tentative approval, the applicant or his/her representative may meet with Township staff to obtain application forms and to discuss application procedures and applicable ordinance requirements.
(2)
In addition, the developer may request a preapplication conference with the Planning Commission to discuss the conceptual design for the development of the property and the feasibility and timing of the application. The applicant shall contact the Township Zoning Officer or his/her designated representative at least five calendar days prior to the regular meeting of the Planning Commission to request a preapplication conference with the Planning Commission.
(3)
The preapplication conference with the Planning Commission is voluntary and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.
(4)
While no formal application is required for a preapplication conference, the applicant should provide one copy of readily available information with the request for a preapplication conference that shows the location of the property and any special features, such as streams, floodplains or other conditions that may affect the development of the property. Readily available resources that may be used include the deed for the property, a property survey, the Tax Parcel Maps prepared by the Washington County Assessor's Office, USGS Quadrangle Map showing natural features and topography, the National Flood Insurance Administration (NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation Service Maps of soil types and the United States Bureau of Mines coal mine maps.
(5)
A preapplication conference shall not constitute formal filing of any application for approval of a planned residential development (PRD), shall not bind the Planning Commission to approve any concept presented in the preapplication conference and shall not protect the application from any subsequent changes in ordinance provisions that may affect the proposed development under the terms of this chapter that may be adopted between the preapplication conference and the official date of filing of an application for tentative approval of a planned residential development (PRD).
B.
Application for tentative approval. At least 20 calendar days prior to the regular meeting of the Planning Commission, two copies of an application for tentative approval shall be submitted. Following initial review and receipt of comments provided by the Township in accordance with § 245-99C, the applicant shall submit nine copies of the application for review at the next regular monthly meeting of the Planning Commission. The application shall be in sufficient detail for the Planning Commission to determine compliance with the standards of this article and shall contain, at a minimum, the following information:
(1)
A legal description of the total tract proposed for development, including a statement of present and proposed ownership.
(2)
A written statement of planning objectives to be achieved by the planned residential development (PRD) through the particular approach proposed by the developer. The statement shall include a description of the character of the proposed development and its relationship to the immediate area in which it is to be located.
(3)
A written statement setting forth the reasons why the proposed planned residential development (PRD) would be in the public interest and would be consistent with the Township's Comprehensive Plan.
(4)
A written statement of the requested modifications to this chapter and Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane otherwise applicable to the property, if any.
(5)
Evidence, in the form of a transmittal letter, that the application has been submitted to the Washington County Planning Commission for review, subject to payment of the required fee.
(6)
A location map that clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.
(8)
A development plan, prepared at a scale no smaller than one inch equals 50 feet, showing the following information:
(a)
Existing contours at intervals of five feet, watercourses, floodplains, wetlands, woodlands, soils, steep slopes, and other natural features.
(b)
Proposed lot lines and preliminary subdivision plat, if any.
(c)
The location of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units and dwelling unit density. Preliminary elevations and architectural renderings shall be provided.
(d)
The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as common open space.
(e)
A tabulation of zoning requirements, including density calculation, setbacks, distance between buildings, percentage of open space and other applicable requirements.
(g)
The existing and proposed pedestrian circulation system, showing, at a minimum, sidewalks on one side of each street, including its interrelationship with the vehicular circulation system and proposed treatment for any points of conflict between the two systems.
(h)
A streetlighting plan, as required by Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane.
(i)
The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
(j)
Subsurface conditions, including slope stability.
(k)
A minimum of three cross sections showing existing and proposed contours and their relationship to proposed buildings, structures, highways, streets, parking areas, walkways and existing woodlands.
(l)
A general landscaping plan indicating the size, location, spacing and type of plant materials proposed to be used in buffer areas and common areas on the site.
(9)
In the case of development plans that call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.
C.
Review of application.
(1)
The Zoning Officer or his/her designated representative shall review the application to determine whether it is complete and properly filed in accordance with all requirements of this chapter. If the Zoning Officer determines that the application is not complete and properly filed, written notice shall be provided to the applicant specifying the defects in the application, and the application shall be returned to the applicant for resubmission. If a revised application is resubmitted within 60 days of the date of the written notice from the Zoning Officer, another application filing fee shall not be required. Any application submitted after 60 days shall be considered a new application and shall be accompanied by the required application filing fee.
(2)
If the Zoning Officer determines that the application is complete and properly filed, the date that the application is first reviewed by the Planning Commission at its next regular meeting shall constitute the official date of filing. Within five days of receipt of a complete and properly filed application, the Zoning Officer shall refer the application to the Township Engineer for review and comment. The Township Engineer's comments shall be provided to the applicant. If revisions are required, the applicant shall submit seven copies of the revised application for consideration at the next regular meeting of the Planning Commission.
(3)
If, during review by the Planning Commission, the applicant revises the application to address comments from the Planning Commission or to demonstrate compliance with this chapter, a new application shall not be required. If, during review by the Planning Commission, the applicant initiates substantive revisions to the application that are not the result of Planning Commission comments and that are not mandated to demonstrate compliance with this chapter, the applicant shall withdraw the application and submit a new application that shall be subject to the payment of the required application filing fee.
D.
Public hearing.
(1)
Within 60 days following the official date of filing of an application for tentative approval of a planned residential development (PRD) that contains all of the required documentation, a public hearing pursuant to public notice shall be held by the Board of Supervisors. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by first-class mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the notices shall be paid by the applicant.
(2)
The public hearing shall be conducted in the manner prescribed in Article IX of the Pennsylvania Municipalities Planning Code, and all references to the Zoning Hearing Board in Article IX shall apply to the Board of Supervisors. The public hearing or hearings shall be concluded within 60 days of the first hearing.
E.
Tentative approval.
(1)
Within 60 days following the conclusion of the public hearings, or within 180 days after the official date of filing, whichever occurs first, the Board of Supervisors shall, by official written communication, either:
(2)
In the event 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 shall be filed. Except upon consent of the landowner, the time so established between the grant of tentative approval and an application for final approval shall not be less than three months, and, in the case of development over a period of years, the time between applications for final approval of each phase shall be not less than 12 months.
(3)
Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors, notify the Board of Supervisors of his/her 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/her refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
F.
Status of plan after tentative approval.
(1)
The official written communication provided for in Subsection E shall be certified by the Township Secretary and shall be filed in his/her office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
(2)
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.
§ 245-100 Criteria for tentative approval.
The Board of Supervisors shall grant tentative approval if, and only if, all applicable requirements of this article are met and all of the following criteria are met:
A.
The proposed application for tentative approval complies with all standards, restrictions, criteria, requirements, regulations and procedures of this article; preserves the community development objectives of this chapter; and is found by the Board of Supervisors to be compatible with the public interest and consistent with the Township's Comprehensive Plan.
B.
Where the proposed application for tentative approval provides standards that vary from this chapter and Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane otherwise applicable to the subject property, such departure shall promote protection of the environment and public health, safety and welfare and shall be in the public interest.
C.
The proposals for the maintenance and conservation of any proposed common open space are reliable and meet the standards of this chapter, and the amount and extent of improvements within the common open space are appropriate with respect to the purpose, use and type of the residential development proposed.
D.
The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.
E.
The proposed development plan is beneficially related to the immediate area in which it is proposed to be located.
F.
The proposed development plan will afford adequate protection of natural watercourses, wetlands, topsoil, woodlands, steep slopes and other natural features and will prevent erosion, landslides, siltation and flooding.
G.
In the case of a development plan that proposes development over a period of years, the terms and conditions thereof are sufficient to protect the interests of the public and of the residents of the planned residential development (PRD) in the integrity of the final development plan.
§ 245-101 Final approval.
After the development plan is granted tentative approval by the Board of Supervisors, the developer shall submit nine copies of the application for final approval at least 20 calendar days prior to the regular meeting of the Planning Commission. The final application shall consist of detailed plans for any phase or section of the development plan.
A.
Review of application.
(1)
The Zoning Officer shall review the application to determine whether it is complete and properly filed in accordance with all requirements of this chapter. If the Zoning Officer determines that the application is not complete and properly filed, written notice shall be provided to the applicant specifying the defects in the application, and the application shall be returned to the applicant for resubmission.
(2)
If the Zoning Officer determines that the application is complete and properly filed, the date that the application is received by the Zoning Officer shall constitute the official date of filing. Within five days of receipt of a complete and properly filed application, the Zoning Officer or his or her designated representative shall refer the application to the Township Planning Commission for review and recommendation.
(3)
The applicant shall submit the application to the Washington County Planning Commission for review and comment subject to payment of the required fee.
(4)
Within 35 days of receipt of a complete and properly filed application for final approval, the Planning Commission shall forward a written recommendation to the Board of Supervisors.
(5)
A public hearing on an application for final approval shall not be required, provided the development plan is in compliance with the development plan given tentative approval and with any specified conditions attached thereto.
B.
Action by Board of Supervisors. In the event that an application for final approval has been filed, together with all drawings, specifications and other documentation in support thereof, in accordance with the requirements of this chapter and the official written communication granting tentative approval, the Board of Supervisors shall, within 45 days of the official date of filing, grant final approval to the development plan.
C.
Variations from the plan granted tentative approval.
(1)
In the event that the development plan submitted contains variations from the development plan granted tentative approval, the Board of Supervisors may refuse to grant final approval and may, within 45 days of the official date of filing of the application for final approval, advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either:
(2)
If the landowner wishes to take either alternate action, he or she may do so at any time within which he or she shall be entitled to apply for final approval, or within 30 additional days, if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance.
(3)
If the landowner fails to take either of these alternate actions within said time, he or she shall be deemed to have abandoned the development plan.
D.
Variations in approved plan requiring public hearing. Changes in the location and siting of buildings and structures deemed minor by the Board of Supervisors may be authorized without additional public hearings, if required by engineering or other circumstances not foreseen at the time of tentative approval. However, gross density and/or any increase in the total number of multifamily dwelling units established at the time of tentative approval shall not be changed without a public hearing.
E.
Public hearing procedure.
(1)
Any public hearing held on an application for final approval shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this article for public hearings on an application for tentative approval. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by first-class mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the notices shall be paid by the applicant.
(2)
Within 30 days after the conclusion of the public hearing, the Board of Supervisors shall, by official written communication, either grant or deny final approval. The grant or denial of final approval of the development plan shall, in cases where a public hearing is required, be in the form and contain the findings required for an application for tentative approval.
F.
Application for final approval. The application for final approval shall comply with all applicable ordinance provisions, and the development plan shall include, as a minimum, the following information:
(1)
All data required by Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane for a final plan, including application filing, application review and inspection fees and performance bond.
(2)
Accurately dimensioned locations for all proposed buildings, structures, parking areas and common open space.
(3)
The number of families to be housed in each residential building or structure and the intended use of each nonresidential building or structure.
(4)
Building elevation drawings for all principal structures other than single-family dwellings.
(5)
A lighting plan, showing the location, height and type of any exterior lighting fixtures proposed and a photometric plan showing the distribution of lighting on the site and at the site boundaries.
(6)
A landscaping plan, as defined by this chapter, including the location and types of landscaping materials, plant materials, sidewalks, trails and recreation facilities authorized by this chapter.
(7)
Supplementary data, including any covenants, grants of easements or other restrictions to be imposed on the use of the land, building and structures and the organization proposed to own, maintain and operate the common open space facilities.
(8)
An engineering report that shall include the following data, wherever applicable:
(a)
Profiles, cross sections and specifications for proposed public and private streets.
(b)
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers.
(c)
Feasibility of the sanitary sewerage system in terms of capacity to serve the proposed development.
(9)
A grading plan prepared in compliance with the requirements of Chapter 109, Excavations, Filling and Grading, of the Code of the Township of South Strabane.
(10)
Evidence that the applicant has submitted plans to the Washington County Conservation District for review and approval.
(11)
An erosion and sedimentation control plan that shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation. The plan shall include, but not be limited to, the following:
(a)
The topographic features of the site.
(b)
The types, depth, slope and extent of the soils, by area.
(c)
The proposed alterations to the site.
(d)
The amount of runoff from the site area and the upstream watershed.
(e)
The staging of earthmoving activities.
(f)
Temporary control measures and facilities during earthmoving.
(g)
Permanent control measures and facilities for long-term protection.
(h)
A maintenance program for the control facilities, including disposal of materials removed from the control facilities or site area.
G.
Recording. A final development plan, or any part thereof, that has been granted final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record in the office of the Washington County Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to posting of the financial security required by Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane for public and private improvements in the development plan.
H.
Revocation of final approval. In the event that a development plan, or section thereof, is given final approval and, thereafter, the landowner shall abandon such plan, or section thereof, that has been finally approved and shall so notify the Board of Supervisors, in writing, or, in the event that the landowner shall fail to commence and carry out the planned residential development (PRD) in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10508) after final approval has been granted, no further development shall take place on the property included in the development plan until a new application for tentative approval of a planned residential development (PRD) is submitted for said property or the property is developed in accordance with the then-applicable zoning district regulations.
[Amended 7-23-2019 by Ord. No. 3-2019]