a) Approval Process
Pursuant to Article VII of the Municipalities Planning Code, Act 247 the following constitutes the process for approval of a planned residential development:
1) The Planning Commission shall, in accordance with the provisions hereof, review and recommend approval/disapproval or approval with conditions of a tentative development plan.
2) The York County Planning Commission shall, in accordance with the provisions hereof, review and recommend approval/disapproval or approval with conditions of a tentative development plan. The County shall have thirty days after receipt of such plan to review and report to the City or forfeit the right of review. The County review is not binding on the City or the developer.
3) Council, within sixty days after the filing of an application for tentative approval of a planned residential development, shall hold a public hearing. Thirty days after the conclusion of the public hearing, the landowner shall be notified of the outcome concerning the tentative development plan.
4) If tentative approval without conditions is received, Council may grant final approval thirty days after the final development plan has been filed.
b) Application for Tentative Approval of Planned Residential Development.
In order to providean expeditious method for processing a development plan for a planned residential development under theprovisions adopted pursuant to the powers granted herein, and to avoid the delay and uncertainty which wouldarise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision aswell as approval of a change in the zoning regulations otherwise applicable to the property, it is herebydeclared to be in the public interest that all procedures with respect to the approval or disapproval of a developmentplan for a planned residential development and the continuing administration thereof shall be consistentwith the following provisions:
1) An application for tentative approval of the development plan for a planned residential developmentshall be filed by or on behalf of the landowner.
2) The application for tentative approval shall be filed by the landowner in such form, upon the paymentof such a reasonable fee and with the planning staff of the City.
3) All planning, zoning and subdivision matters relating to the platting, use and development of theplanned residential development and subsequent modifications of the regulations relating thereto, to theextent such modification is vested in the City, shall be determined and established by City Council.
4) The provisions shall require only such information in the application as is reasonably necessary todisclose to the City:
A) The location, size and topography of the site and the nature of the landowner's interest in theland 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 ownand 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 beimposed upon the use of the land, buildings and structures including proposed easements orgrants 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 renewableenergy sources; and
J) In the case of development plans which call for development over a period of years, a scheduleshowing the proposed times within which applications for final approval of all sections of theplanned residential development are intended to be filed and this schedule must be updatedannually, on the anniversary of its approval, until the development is completed and accepted.
5) The application for tentative approval of a planned residential development shall include awritten statement by the landowner setting forth the reasons why, in his opinion, a plannedresidential development would be in the public interest and would be consistent with thecomprehensive plan for the development of the City.
6) The application for and tentative and final approval of a development plan for a planned residentialdevelopment prescribed in this article shall be in lieu of all other procedures or approvals,otherwise required pursuant to Articles V and VI Of the Municipalities Planning Code.
c) Public Hearings.
1) Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by City Council, in the manner prescribed for hearings before the Zoning Hearing Board.
2) City Council may continue the hearing from time to time, and where applicable,may refer the matter back to the planning agency for a report, provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
3) The City may offer a mediation option as an aid in completing proceedings authorized by thissection and by subsequent sections in this article prior to final approval by City Council. In exercisingsuch an option, the City and mediating parties shall meet the stipulations and follow the procedures setforth in Article IX of the Municipalities Planning Code.
d) The Findings.
1) City Council, within 60 days following the conclusion of the public hearing provided for in this article or within 180 days after the date of filing of the application, whichever occurs first 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 to the development plan.
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 land owner may, within 30 days after receiving a copy of the official written communication of City Council notify City Council of his refusal to accept all said conditions, in which case, City Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify City Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
2) 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 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:
A) In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the City;
B) The extent to which the development plan departs from zoning and subdivision regulations otherwiseapplicable 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;
C) 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 theproposed 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 provision for public services, provide adequate control over vehicular traffic, and further the amenities of light 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 established; and
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.
G) In the event a development plan is granted tentative approval, with or without conditions, City 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 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 be not less than 12 months.
e) Status of Plan After Tentative Approval.
1) The official written communication provided for in this article shall be certified by the City Clerk 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.
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. 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 City pending an application or applications for final approval, without the consent of the landowner, 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.
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 City 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 City 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.
f) Application for Final Approval.
1) 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 City Planner 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.
2) 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 the ordinance and the official written communication of tentative approval, the City shall, within 45 days from the date of the regular meeting of City Council or the Planning Commission, whichever first reviews the application, next following the date the application is filed, grant such development plan final approval. 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.
3) In the event the development plan as submitted contains variations from the development plan given tentative approval, City Council may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of City Council or the planning agency, whichever first reviews the application, 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:
A) Refile his application for final approval without the variations objected; or
B) File a written request with City Council that it hold a public hearing on the applicationfor 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 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 described in this article for public hearings on applications for tentative approval.Within 30 days after the conclusion of the hearing, City 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 article. Failure of City Council 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 or presentation of communication shall have like effect.
4) A development plan, or any part thereof, which has been given final approval shall be so certified without delay by City Council and shall be filed of record forthwith in the York County 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 provisions stated in section 508 of the Municipalities Planning Code, 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 Municipalities Planning Code and post financial security in accordance with section 509 of the Municipalities Planning Code.
5) 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 City Council in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in section 508 of the 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 the municipal zoning ordinance in the manner prescribed for such amendments in this ordinance and Article VI of the Municipalities Planning Code.
g) Jurisdiction. District justices shall have initial jurisdiction over proceedings brought under this Article.
h) Enforcement Remedies.
1) Any person, partnership or corporation, who or which has violated the planned residential development provisions of any ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the City, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the City as a result thereof. Nojudgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to the appropriate rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid over to the City.
2) The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
3) Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.