1. Application and Tentative Approval.
A. Initial Procedures.
(1) Prior to the actual submission of a formal application for tentative approval, prospective developers are encouraged to meet informally with the Borough Planning Commission to discuss their proposed development. This will provide the opportunity for an exchange of ideas and information that may possibly affect the proposed development.
(2) A formal application for tentative approval, shall be submitted by a prospective developer to the Borough Secretary, along with a nonrefundable processing fee in an amount as established from time to time by resolution of Borough Council. In addition, an initial deposit in an amount as established from time to time by resolution of Borough Council shall accompany the application to be applied by the Borough against its out-of-pocket expenses of processing the application. Additional sums may be requested by the. Borough from the prospective developer as the application is being processed, if processing costs should exceed the initial deposit. Any unused portion shall be returned to the developer. [Ord. 553]
(3) The application for tentative approval shall consist of 21 copies of all drawings and required documentation necessary to enable the Borough to determine that all applicable requirements shall be met. Additional copies of the application may be required, as considered necessary by the Borough. [Ord. 553]
(4) Upon receipt of a completed application, the Borough Secretary shall distribute copies as follows:
(a) Seven (7) copies to Borough Council.
(b) Two (2) copies to the Borough Engineer.
(c) One (1) copy to the Perry County Planning Commission.
(d) Seven (7) copies to the Borough Planning Commission. [Ord. 553]
(e) One (1) copy shall be retained by the Borough Secretary.
(f) One (1) copy to the Borough Solicitor.
In addition, copies may be sent to other appropriate individuals and agencies as considered necessary or desirable.
(5) All comments concerning the application, resulting from the reviews conducted by the various agencies and individuals shall be communicated to the Borough within 30 days of the date the application was forwarded by the Borough.
B. Public Hearings.
(1) Within 60 days after the filing of an apphcation for tentative approval of the planned residential development pursuant to this Part, a public hearing pursuant to public notice on said application shall be held by the Borough Council in the manner prescribed in the municipalities Planning Code for the enactment of a zoning amendment. The chairman, or in his absence the acting chairman, of the Borough Council or its designated agent may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
(2) A verbatim record of the hearing shall be caused to be made by the Borough Council whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting it, and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
(3) Borough Council may continue the hearing and may refer the matter back to the Borough Planning Commission for additional review and comment, provided however, that in any event, the public hearing shall be concluded within 60 days after its commencement.
C. Findings.
(1) Within 60 days following the conclusion of the public hearing provided for in this Part, or within 180 days after the date of filing of the application, whichever occurs first, Borough Council shall, by official written communication, to the landowner, either: [Ord. 553]
(a) Grant tentative approval to the development plans as submitted.
(b) Grant tentative approval subject to specified conditions not included in the development plans as submitted.
(c) Deny tentative approval to the development plan.
(2) Failure to so act within said period shall, be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of Borough Council notify Borough Council of his 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 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.
(3) 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 reason 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:
(a) In those respects in which the development plan is or is not consistent with the Borough Comprehensive Plan.
(b) 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 pubhc interest.
(c) The purpose, location and amount of the common open space in the planned residential development, and rehability 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.
(d) The physical design of the development plan and the manner in which said design does or does not make adequate provisions for said pubhc services, provide adequate control over vehicular traffic, and further the amenities of hght and air, recreation and visual enjoyment.
(e) The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be estabhshed.
(f) 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.
(4) In the event that a development plan is granted tentative approval., with or without conditions, the Borough Council may set forth in the official written communication the time within which an application for final approval of the development plan shaU be filed or, in the case of a development plan which provides for development over a period of years, the period of time within which apphcation's for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so estabhshed between grant of tentative approval and on apphcation for final approval shall not be less than 3 months and, in case of development over a period of years, the time between apphcations for final approval of each part of a plan shall be not less than 12 months.
D. Status of Plan after Tentative Approval.
(1) The official written communication provided for in the preceding subsection (C) shall be filed in the Borough Secretary's office, and a copy shall be mailed to the landowner. Where tentative approval has been granted, the same shaU be noted on the zoning map.
(2) Tentative approval of a development plan shall not qualify a plot of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the-tentative approval), shall not be modified or revoked nor otherwise impaired by action of the municipality pending an application or applications for final approval, without the consent of the landowner, provided an application 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.
(3) In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Borough Council in writing, or in the event the landowner 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 ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Borough Zoning Map and in the records of the Borough Secretary.
E. Development in Stages.
(1) A developer may construct a PRD in stages if the following criteria are met:
(a) The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required by this Chapter.
(b) At least 15% of the dwelling units in the plan given tentative approval are included in the first stage.
(c) At least 50% of the dwelling units in any stage are rented or sold before any commercial development shown in that stage shall be completed.
(d) The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location that they constitute economicaUy sound units of development. In no event shah such stages contain less than 15% of the total dwelhng units receiving tentative approval.
(e) Gross residential density may be varied from stage to stage, provided however that final approval shall not be given to any stage if the gross residential density by type of dwelhng of the area which includes stages already finaUy approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelhng unit allowed for the entire planned residential development in the tentatively approval plan. Where it is necessary to aUocate open spaces to early stages to avoid exceeding maximum gross residential densities, the developer may be required to grant an open space easement or covenant to the municipahty specifying the amount and, if necessary, the location of open space.
2. Application for Final Approval.
A. Submission of Application.
(1) Apphcation for final approval shall be submitted by the prospective developer to the Borough Secretary within the time or times specified in the official written communications granting a tentative approval. The apphcation may be for all, or only a portion of, the apphcation which had been granted tentative approval by the Borough. An initial deposit in an amount as established from time to time by resolution of Borough Council shall accompany the application to be applied by the Borough against the expenses of processing the apphcation. Additional deposits may be requested by the Borough if processing costs should exceed that amount. Any unused portion shall be returned to the developer. A condition for final approval shall be that, the developer has reimbursed the Borough of Marysville for ah costs incurred by the Borough in the review of the tentative and final plans. [Ord. 553]
(2) The apphcation for final approval shall consist of 18 copies of aU drawings and other required documentation necessary to enable the Borough to determine that aU apphcable requirements shaU be met. Additional copies of the apphcation may be required, as considered necessary by the Borough.
(3) Upon receipt of a completed application, the Borough Secretary shall distribute copies as follows:
(a) Seven (7) copies to Borough Council.
(b) Two (2) copies to the Borough Engineer.
(c) One (1) copy to the Perry County Planning Commission.
(d) Five (5) copies to the Borough Planning Commission.
(e) One (1) copy shall be retained by the Borough Secretary.
(f) One (1) copy to the Borough Solicitor.
In addition, copies may be sent to other appropriate individuals and agencies as considered necessary or desirable.
(4) All comments concerning the application resulting from the review conducted by the various agencies and individuals shall be communicated to Borough Council within 30 days of the date the application was forwarded by the Borough.
B. Review Procedures.
(1) If the application is in compliance with the plan which had received tentative approval, a public hearing need not be held and the Borough shall grant final approval within 45 days from the date of the regular meeting of the Borough Council, next following the date the application is filed. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the 45 day period shall be measured from the 30th day following the day the application has been filed. [Ord. 553]
(2) In the event the development plan as submitted contains variations from the development plan given 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, next following the date the application is filed, 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. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the 45 day period shall be measured from the 30th day following the day the application has been filed. In the event of such refusal, the landowner may either: [Ord. 553]
(a) Re-file his apphcation for final approval without the variations objected to.
(b) File a written request with the Borough Council that it hold a public hearing on his apphcation for final approval. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or with 30 additional days if the time for applying for final approval shaU have already passed at the time when the landowner was advised that the development was not in substantial comphance. In the event the landowner shaU fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such pubhc hearing shall be held pursuant to pubic 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 Article for pubhc hearings on apphcation for tentative approval. Within 30 days after the conclusion of the hearing, Borough Council shaU, by official written communication, either grant final approval to the development plan, or deny final approval. The grant or denial of final approval for the development plan shah, in cases arising under this Part, be in the form and contain the findings required for an application for tentative approval set forth in this Part. Failure of the Borough Council to render a decision on an application for final approval and communicate it to the apphcant within the time and in the manner required by this Section shaU be deemed an approval of the apphcation for final approval, as presented, unless the apphcant 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 or presentation of communication shall have like effect. [Ord. 553]
A development plan or any part thereof, which has been given final approval shaU be so certified without delay by Borough Council and shall be filed of record forthwith by the developer in the officer 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 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 for a period of 3 years after final approval except with the consent of the landowner.
(4) In the event that a development plan, or section, phase or stage 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 Borough council in writing, or, in the event the landowner shall fail to commence and carry out the planned residential development within 3 years after final approval has been granted, no development or further development shall take place on the property included in the development until after the said property is re-subdivided and is reclassified by enactment of an amendment to this Chapter.
C. Guarantees, Dedications, Permits.
(1) Performance Guarantee.
(a) Prior to release of the approved plan for recording, the developer shall guarantee the installation of all required improvements by posting a performance guarantee in the amount of 110% of the cost of all improvements as estimated by the Borough Engineer for that portion of the development for which final approval has been granted.
(b) The performance guarantee shall be in a form allowed by the Municipalities Planning Code. The performance guarantee shall be submitted in a form and with a surety approved by the Borough Solicitor guaranteeing the construction and installation of all improvements within a stated period not to exceed 3 years from the time of final approval.
(c) The amount of performance guarantee may be reduced as portions of the required improvements have been installed and shall be released upon satisfactory completion of all improvements.
(2) Dedication and Maintenance Guarantee.
(a) The Borough, as a condition of tentative and final approval of a plan, may require dedication of streets, recreational facilities, drainage easements, water and sewer facilities, and other improvements.
(b) All streets, recreational facilities, surface drainage, water and sewer facilities, and other improvements shown on the plan as finally approved shall be privately owned until such time as they have been offered for dedication to the Borough and formally accepted by Borough Council.
(c) Before accepting any such offer of dedication, Borough Council shall require the developer to file a maintenance guarantee in an amount not less than 10% of the Borough Engineer's estimate of the cost of such improvements to be dedicated. Such maintenance guarantee shall be in a form and with a surety approved by the Borough Solicitor guaranteeing that the developer shall maintain all such improvements in good condition for a period of 2 years after completion of construction or installation of such improvements as such completion is certified by the Borough Engineer.
(d) At the end of the 2 year period, the Borough shall release the maintenance guarantee if the improvements are in good condition. Prior to such release the Borough may require any needed items of maintenance to be performed.
(3) Permits.
(a) Issuance of permits and matters pertaining to administration of the plan as finally approved shall be the responsibility of the designated Borough official.
(b) Upon application of the landowner showing compliance with the requirements of final approval, the Zoning Officer shall issue permits for construction pursuant to the plan, or any section thereof.
(c) The provisions of Part 9 of this Chapter shall be fully applicable to the plan as finally approved insofar as the provisions thereof are consistent with the provisions of this Part and the conditions of final approval. The Zoning Officer or Borough Engineer, as determined by Borough Council, shall review the progress and status of construction of the plan and render monthly progress reports thereon to Borough Council in order to assure compliance with the provisions of this Part and any conditions of final approval.
(Ord. 462, 8/14/1995, §1202; as amended by Ord. 553, 5/10/2004, §1)