(A) Tentative plan application procedure.
(1) An application for tentative plan approval of a PRD shall be filed with the Zoning Officer, on forms as prescribed by the borough. The tentative plan application shall not be considered complete and properly filed unless or until all items required by division (B) below, including the application fee, have been received.
(2) The Zoning Officer shall review the application to determine whether all materials required by division (B) below and any other relevant borough ordinances have been submitted by the applicant.
(3) Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: the Borough Solicitor; the Borough Engineer; each member of the Borough Council; the County Planning Agency or its designee; and any other appropriate borough personnel or professional consultants.
(4) The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Borough Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.
(B) Tentative plan application content.
(1) The application for tentative plan approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the borough, with no fewer than:
(a) Three full scale copies and 15 half-scale copies of all required plans, maps and drawings; and
(b) Fifteen copies of all other application materials.
(2) The application for tentative plan approval shall contain the following:
(a) The existing topography of the land prepared by a licensed surveyor at not less than two-foot contour intervals;
(b) The existing land uses and approximate location of buildings and other structures;
(c) The character and approximate density of existing dwellings;
(d) The existing street system and plot lines;
(e) The location, size and nature of the PRD proposed to be developed;
(f) The proposed topography of the land;
(g) The proposed street system, plot lines and plot design;
(h) The density of land use to be allocated to parts of the site to be developed;
(i) Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public and semi-public uses;
(j) The location and size of the perimeter buffer yards and common open space, the location, size and type of improvements proposed within the perimeter buffer yards and common open space, and the proposed ownership and maintenance arrangements for the common open space;
(k) The use and the approximate height, bulk and location of buildings and other structures;
(l) The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater;
(m) The substance of covenants, grants of easements, rights-of-way or other restrictions proposed to be imposed upon the use of the land, common open space, buildings and structures including proposed easements or grants for public utilities;
(n) The provisions for parking of vehicles and the location and width of proposed streets;
(o) A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown;
(p) The location and design of all screening, buffer yards and landscaping indicating the
type, location and height of all plantings;
(q) Renderings of proposed dwellings;
(r) A typical elevation and perspective drawing of proposed structures and improvements (except single-family residences) and any unusual accessory buildings. These drawings need not be the result of final architectural decisions and need not be in detail;
(s) The extent to which the proposed development plan deviates from the otherwise applicable borough land use, zoning and subdivision and land development regulations;
(t) In the case of development plans which call for development over a period of years, a phasing plan and a schedule showing the proposed times within which applications for final approval of all phases of the development plan will be filed. This schedule must be updated annually, by the anniversary of its previous approval, until the development is completed and accepted; and
(u) A written statement submitted by the developer and/or landowner which sets forth:
1. The reasons why the proposed development plan is in the public interest and is consistent with the purposes and requirements of this subchapter, other borough ordinances and the borough comprehensive plan;
2. An explanation of the planned development and the manner in which it has been planned to take advantage of the planned development regulations;
3. A generalized statement of proposed financing for the entire area;
4. A statement of the present ownership of all of the land included within the planned development;
5. Any expected development problems which might cause construction delays;
6. The disposition of common open space lands and the provisions for their maintenance, ownership and control; and
7. The purpose, location and amount of common open space within the development plan, the reliability of the proposal for maintenance and conservation of such common open space, and the adequacy or inadequacy of the amount and purpose of such common open space land as related to the proposed density and type of development.
(C) Staff review.
(1) The Zoning Officer and any other borough personnel or professional consultant, as directed by the Borough Council or its designee, shall review the tentative plan application documents to determine if they are in compliance with this chapter, other applicable borough ordinances, the borough comprehensive plan and the borough planning objectives.
(2) These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Borough Council or its designee.
(D) Planning Commission review and recommendation.
(1) The Planning Commission shall review the tentative plan application and associated documents and forward its recommendation to the Borough Council.
(2) If the tentative plan is deemed to have outstanding comments or unaddressed concerns, the developer shall resubmit revised drawings, supporting reports, documents and other similar material for review by the borough staff, professional consultants and the Borough Planning Commission.
(3) The Planning Commission shall make a written recommendation to the Borough Council for approval, approval with conditions or disapproval of the tentative plan application.
(E) Public hearing.
(1) The Borough Council shall hold a public hearing, pursuant to public notice, on the tentative plan application within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the filing of an administratively complete tentative plan application. The public hearing may be continued from time to time; provided, however, that the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
(2) Public hearings shall be conducted in accordance with the requirements of Pa. Mun. Plan Code, 53 P.S. § 10908.
(F) Tentative plan approval criteria. The Borough Council shall grant tentative approval to a tentative plan if the applicant establishes that each of the following criteria are met:
(1) The tentative plan complies with all applicable purposes, standards, criteria and conditions of this chapter and preserves the community development objectives;
(2) Where the tentative plan departs from this chapter and other ordinance regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public health, safety and welfare;
(3) The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space are adequate with respect to the purpose, use and type of proposed residential development;
(4) The physical design of the tentative plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment The tentative plan organizes vehicular ingress, egress and parking to minimize traffic congestion in the surrounding neighborhood;
(5) The total environment of the tentative plan is harmonious and consistent with the neighborhood in which it is located. The tentative plan is sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds within the development and to the buildings and grounds of adjacent properties. The tentative plan shall, to the fullest extent possible, preserve the scenic, aesthetic and historic features of the landscape;
(6) The tentative plan affords a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property was developed in accordance with the provisions of this chapter, the county’s SALDO and the other ordinances which would otherwise apply;
(7) The tentative plan will be fully served by public utilities, public water systems and a public sewer system without reducing the level of service to the remainder of the borough;
(8) The tentative plan shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other lot or persons;
(9) The relationship of the proposed planned development is not adverse to the neighborhood in which it is proposed to be established; and
(10) In the case of a tentative plan which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents of the Planned residential development in the integrity of the development plan.
(G) Borough Council action.
(1) The Borough Council shall render its decision on the tentative plan application, in writing by certified mail, within 60 days following the conclusion of the public hearing provided for in this subchapter or within 180 days after the date of the filing of an administratively complete application, whichever occurs first.
(2) The Borough Council shall 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 to the development plan.
(3) The Borough Council shall not act on a tentative plan application unless the borough has received written review of the application by the County Planning Agency or its designee, or unless at least 30 calendar days have passed since the date of referral to the County Planning Agency.
(4) The written decision granting or denying tentative plan approval shall set forth with particularity findings of fact and conclusions of law related to the following:
(a) The manner in which the development plan would or would not be in the public interest;
(b) The manner in which the development plan is or is not consistent with the comprehensive plan;
(c) The extent to which the development plan departs from the requirements of this chapter and the county subdivision and land development ordinance otherwise applicable to the subject property including, but not limited to, density, bulk and use, and the reasons why such departures are not deemed to be in the public interest;
(d) The purpose, location and amount of the common open space in the proposed development plan, 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;
(e) The physical design of the development plan and the manner in which said 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;
(f) The relationship, beneficial or adverse, of the proposed development to the neighborhood in which it is proposed to be established; and
(g) In the case of a tentative 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.
(5) In the event a development plan is granted tentative approval, with or without conditions, the Borough Council may set forth in the written decision 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 phase thereof shall be filed. Except upon the consent of the landowner, 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 plan shall not be less than 12 months.
(6) The applicant shall accept or reject the conditions attached to the tentative plan approval by giving written notice to the Zoning Officer within 30 calendar days of the date of the Borough Council decision. If the applicant fails to give written notice to the Zoning Officer regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 calendar days, then the conditions shall be deemed accepted by the applicant.
(7) If the Borough Council approves the tentative plan application subject to certain conditions, then the developer shall not file a final plan application until all such conditions are addressed and complied with in a manner acceptable to the borough.
(8) Approval of a tentative plan application shall only constitute authorization to proceed with preparation and filing of a final plan application once all conditions of approval have been addressed and complied with in a manner acceptable to the borough.
(H) Status of plan after tentative approval.
(1) The official written communication shall be certified by the Borough Secretary 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, it shall be deemed an amendment to the zoning map, effective upon final approval, and shall be noted on the zoning map.
(2) Approval of a tentative plan shall not qualify a plat of the Planned residential development for recording nor authorize development or the issuance of any building permits.
(3) In the event that a development plan is given tentative approval and thereafter, prior to final approval, the developer and/or landowner elect to abandon the development plan by written notification to the borough, or in the event the developer and/or landowner fail to file application(s) for final approval within the required time period(s), the tentative plan 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 granted shall be subject to the otherwise applicable borough ordinances.
(Ord. 1089, passed 5-19-2014)