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(a) (1) Council, within 60 days following the conclusion of the public hearing provided for in this subchapter, shall, by official written communication to the landowner, either:
A. Grant tentative approval of the development plan as submitted;
B. Grant tentative approval subject to specified conditions not included in the development plan as submitted; or
C. Deny tentative approval of the development plan.
(2) Failure to so act within such period shall be deemed to be a grant of tentative approval of the development plan as submitted. However, if tentative approval is granted subject to conditions, the landowners may, within 30 days after receiving a copy of the official written communication of Council, notify Council of his or her refusal to accept all such conditions, in which case Council shall be deemed to have denied tentative approval of the development plan. If the landowner does not, within such period, notify Council of his or her refusal to accept all such conditions, tentative approval of the development plan, with all such conditions, shall stand as granted.
(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 reasons for the grant, with or without conditions, or for the denial. Such 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) 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 the Zoning Code 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 planning 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 such design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;
(5) The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; 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.
(c) If a development plan is granted tentative approval, without or with conditions, Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between the grant of tentative approval and an application for final approval shall be not less than three months, and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
(Ord. 5139. Passed 11-27-13.)
(a) The official written communication provided for in this subchapter shall be certified by the City Clerk and shall be filed in his or her office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
(b) Tentative approval of a development plan shall not qualify a plat of a planned residential development for recording, nor authorize development or the issuance of any building permit. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted or violated any of the conditions of the tentative approval), shall not be modified, revoked or otherwise impaired by action of the Municipality pending an application for final approval without the consent of the landowner, provided that an application for final approval is filed or, in the case of development over a period of years, provided that applications are filed within the periods of time specified in the official written communication granting tentative approval.
(c) If a development plan is given tentative approval and thereafter, but prior to final approval, the landowner elects to abandon such development plan and so notifies Council in writing, or if the landowner fails to file an application on time, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the City Clerk.
(Ord. 5139. Passed 11-27-13.)
(a) An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the official of the Municipality designated by this chapter and within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, performance bond, and such other requirements as may be specified by ordinance, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or 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.
(b) In the event the application for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, and as required by this chapter and the official written communication of tentative approval, the Municipality shall, within 45 days of such filing, grant such development plan final approval.
(c) (1) In the event the development plan as submitted contains variations from the development plan given tentative approval, the approving body may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
A. Re-file his or her application for final approval without the variations objected; or
B. File a written request with the approving body that it hold a public hearing on his application for final approval.
(2) If the landowner wishes to take either such alternative action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this subchapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, Council 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 subchapter.
(d) A development plan, or any part thereof, which has been given final approval shall be so certified without delay by Council and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provision stated in Section 508 of the PA Municipalities Planning Code, of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) of the PA Municipalities Planning Code and post financial security in accordance with Section 509 of the PA Municipalities Planning Code.
(e) In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the approving body in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the tine provisions stated in Section 508 of the PA Municipalities Planning Code after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the Municipality Planning Code, Act 247, as amended.
(Ord. 5139. Passed 11-27-13.)
SIGNS
Any sign erected or altered after the effective date of this chapter shall be in accordance with the provisions and regulations contained in this subchapter.
(a) A building permit shall be required for any sign erected.
(b) All signs shall be constructed and maintained in a safe orderly manner. No sign shall be placed in such a position that it will cause danger to vehicular or pedestrian traffic by obscuring view or causing distraction.
(c) Any sign, if illuminated, shall be lighted in a manner not detrimental to any adjacent property or public right-of-way.
(d) No sign, except traffic signs and other official signs, may be erected or extend onto any public street or right-of-way.
(e) Any wall/facade signs attached to or painted on a building may protrude a maximum distance of 12 inches from the wall to which it is attached, may cover maximum of 25% of the total area of the wall to which it is attached, and shall not extend beyond any point of the line of the building to which the sign is attached.
(f) No sign that is a part of or is supported by a building shall be erected upon the roof of such a building.
(g) No signs shall be permitted which are posted, stapled or otherwise permanently attached to public utility poles or trees within the street line.
(h) Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired, providing such repainting or repairing does not exceed the dimensions of the existing sign.
(i) The Building Code Official shall approve all signs and billboards erected pursuant to this subchapter.
(j) No signs shall be permitted which are posted, stapled, taped, or otherwise permanently attached to public utility poles, trees within the street line, buildings or fences, which are made of paper, natural or synthetic fabric, vinyl or other flexible, roll stock materials or any other non-rigid material. Temporary signs made of non-rigid material are permissible only for a period up to 60 days.
(Ord. 5139. Passed 11-27-13; Ord. 5191. Passed 12-9-15.)
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