Tentative plans for planned residential developments,
all or part of which are situated in the Township, shall be reviewed
by the Township Planning Commission and the Centre Regional Planning
Commission and shall be approved or not approved by the Township Council
in accordance with the procedures specified in this article. All plans
shall be reviewed in two stages, tentative and final.[1]
[1]
Editor's Note: A flow chart, illustrating the plan review procedures, is included as an attachment to this chapter.
A potential applicant for planned residential
development may request a conference with the Planning Commission
for the purpose of discussing or reviewing such proposed development
and for obtaining advice on the preparation of the tentative plan.
A.
The preapplication conference shall not be mandatory
and shall not be regarded as a formal application for planned residential
development. The filing of any report, sketch plan, plat or map prior
to or at such conference shall not constitute submission of a plan
or application for planned residential development, nor shall such
materials be binding on subsequent submissions by the applicant.
B.
Any report, sketch plan, plat or map to be considered
by the Planning Commission at such conference shall be provided by
the potential applicant in three copies, and the Township Secretary
shall distribute a copy of the same to the Township Planning Commission
and the Centre Regional Planning Commission for informational purposes
only.
C.
The Planning Commission may, at its sole discretion,
make or refuse to make recommendations as the result of the preapplication
conference. Any recommendations made by the Planning Commission at
or in response to the preapplication conference shall not be binding
upon the applicant or upon the Planning Commission in its review of
the plan after formal application.
All applications for Township approval of planned
residential development plans shall commence with the official submission
of a plan and all required supplementary data to the Township Secretary.
The application for tentative approval of the development plan shall
be filed by or on behalf of the landowner. At any time during the
review process, the applicant may amend the originally submitted plan
solely for the purpose of correcting minor deficiencies in the original
plan to the extent necessary to meet the requirements of this chapter.
A.
A tentative plan shall be deemed to have been submitted
for review when the applicant has furnished to the Township Secretary
the following documents:
(1)
One copy of a completed application for planned residential
development, plus payment of all application fees.
(4)
Twenty-one prints of the proposed tentative master
plan, which shall include but shall not be limited to the following
items: all proposed land uses within the PRD, including phasing of
development and lot numbers, acreage of each phase, common open space
within each phase, number and type of dwelling units within each phase
and the total floor area of all dwelling units, floor area of all
nonresidential uses by phase and overall density of each phase; location
of all proposed street rights-of-way, walkways, common open spaces
and stormwater facilities; location of all roads and/or motor vehicle
access points within 500 feet of the perimeter boundaries of the property;
and North point, location map, date of initial submission and all
revision dates, legend and graphic scale. The scale of said master
plan shall be one inch equals 100 feet or greater.
[Amended 9-4-2003 by Ord. No. O-03-16]
B.
Upon receipt of the above, the Township Secretary
shall immediately forward one copy of the plan and the narrative to
the Township Council; the College Township, Centre Regional and Centre
County Planning Commissions; the Fire Chief; the Township Engineer;
the College Township Parks and Recreation Committee, and if the proposed
subdivision or land development is to have direct access to a state
or federal highway, the district office of the Pennsylvania Department
of Transportation in Clearfield, Pennsylvania. The Township Engineer,
the County Planning Commission and its designated agent and the Centre
Regional Planning Commission may review the plan to determine its
conformance with the provisions contained in these regulations.
[Amended 9-4-2003 by Ord. No. O-03-16]
C.
Review by the Township Planning Commission.
(1)
At its next regular meeting following the receipt
of the application for tentative approval, provided that such application
was made at least 14 days prior to the meeting,[1] or at a special meeting called for that purpose after
receipt of the tentative plan, the Planning Commission shall review
the plan to determine its conformance with the provisions contained
in these regulations.
(2)
The Planning Commission shall notify the Township
Council, in writing, of any recommended action, changes or modifications
to the plan after such decision is made, provided that the Planning
Commission shall make such recommendations within 45 days after the
date the application for tentative approval was filed. The Planning
Commission shall make no recommendations on such application until
reports from the County or Centre Regional Planning Commission and
the Township Engineer are received or until expiration of 30 days
from the date the plan was forwarded to the county, whichever comes
first.
(3)
If review by the Township Planning Commission results
in an unfavorable recommendation because the requirements of this
chapter have not been met, notification to the Township Council should
specify the defects found in the plan and describe the requirements
which have not been met and should cite the provisions of this chapter
from which such defects or requirements originate.
D.
Review by the Township Council. Upon receipt of the
recommendations from the Planning Commission or upon failure to receive
said recommendations 45 days after submittal, and in no event later
than 60 days from the date of application for tentative approval of
the planned residential development, the Township Council shall hold
a public hearing for the purposes of public comment and review of
the plan. Owners of abutting properties should individually receive
written notice of the public hearing. The hearing shall be held in
the manner provided by the Pennsylvania Municipalities Planning Code,
as amended.[2] The governing body may continue the hearing from time
to time and may refer the matter back to the Township Planning Commission
for a report; provided, however, that all public hearings shall be
concluded within 60 days after the date of the first public hearing.
(1)
The Council shall review the plan and the written
reports thereon of the Township Planning Commission, the Centre County
Planning Commission, the Centre Regional Planning Commission, the
Fire Chief and the Township Engineer to determine if the plan meets
the provisions contained in these regulations. Prior to approval of
a tentative plan for which off-site sewer or water service is proposed,
the Council shall require, as a condition of approval, that the applicant
furnish written confirmation from the appropriate bodies that such
service is and will be made available to the planned residential development.
[Amended 9-4-2003 by Ord. No. O-03-16]
(2)
Approval or denial.
(a)
The Council, within 60 days following the conclusion
of the public hearing, shall, by official written communication to
the applicant, either:
(b)
The official written communication shall be
certified by the Secretary of the Township Council and shall be filed
in his office, and a certified copy shall be mailed to the landowner.
(3)
In accordance with the Pennsylvania Municipalities
Planning Code, Article VII, Planned Residential Development, Section
709(b),[3] the grant or denial of tentative approval by official
written communication shall include, with the conclusions, findings
of fact related to the reasons for the approval, with or without conditions,
or for the denial. The findings shall specify in what respects the
development plan would or would not be in the public interest, which
may include but shall not be limited to the following:
(a)
Those respects in which the development plan
is or is not consistent with the adopted Township 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
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 the proposed density and type
of residential community.
(d)
The physical design of the development plan
and the adequacy of provisions for public services, controls over
vehicular traffic and amenities of light, 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.
(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.
[3]
Editor's Note: See 53 P.S. § 10709(b).
(4)
In the case where a planned residential development
is projected over a period of years, the Council may authorize final
review of the plan by sections, stages or phases of development, subject
to such requirements or guaranties as to improvements in future sections,
stages or phases of development as it finds essential for the protection
of any tentative approved section, stage or phase of development.
In such case, a schedule showing the proposed times within which applications
for final approval of all sections, stages or phases of the development
are intended to be filed shall be included with the tentative plan.
The schedule may be revised annually by the Council if requested to
do so by the landowner or developer. A landowner or developer who
requests a change in scheduling shall submit a letter to the Council
requesting said change along with the reasons for the change. The
Council may, at its discretion, require the landowner or developer
to follow the procedures required herein for tentative plan approval.
The phasing of a tentatively approved PRD may be revised annually
by the Council upon application of the landowner or developer following
the procedures required herein for tentative plan approval.
(5)
The Council may set forth in the official written
communication a period of time, not less than three months, 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, within which an application for
final approval of the development plan for the first phase shall be
filed. In no case shall the time between the grant of tentative approval
and the submission of application for final approval be more than
12 months, or, in the case of a plan which provides for development
over a period of years, the time between tentative approval and submission
of application for final approval of the first phase shall not be
more than 12 months; provided, however, that the Council may extend
for a single twelve-month period the filing of the final plan if requested
in writing, by the applicant. If the final plans are not submitted
within the time limits set above, the tentative plan will be deemed
to be abandoned unless reestablished by full tentative approval procedures,
as set forth in this section.
(6)
Failure of the Council to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the tentative plan in terms as presented,
unless the applicant has agreed, in writing, to an extension of time
or change in the prescribed manner of presentation or communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
(7)
In the event that tentative approval is granted subject
to conditions, the owner may, within 30 days after receiving a copy
of the official written communication of the governing body, notify
the Council of his refusal to accept all of said conditions, in which
case, the Council 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 Council of his acceptance of all of
said conditions, tentative approval of the development plan shall
be deemed to have been denied.
(9)
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 permit.
(10)
In the event that a development plan is given
tentative approval and, prior to final approval, the landowner shall
elect to abandon said development plan by so notifying the Township,
in writing, or in the event that the owner shall fail to file application
or applications for final approval within the required period of time,
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, and the same shall be noted in the records
of the Township Secretary, and the planned residential development
designation for that portion shall be removed from the College Township
Official Zoning Map.[5]
[5]
Editor's Note: The Zoning Map is included
in a pocket at the end of Volume II.
(11)
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
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.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
A plan, including all the land in an approved
tentative plan or a section thereof according to an approved schedule
for development over a period of years, shall be officially submitted
to the Township Secretary for final approval. All plans which have
received tentative approval shall be entitled to final approval, in
accordance with the terms of the approved tentative plan, for a period
of 12 months from the date of preliminary approval. The Township Council
may extend for 12 months the period for filing the final plan. No
construction or installation of structures or improvements shall occur
in any phase of the development and no zoning or building permits
shall be issued before final approval is given. No occupancy permits
shall be issued for any phase of the development until required improvements
are installed and all conditions of final approval have been met.
A.
All applications for final approval shall be acted
upon by the Township Council within 45 days following the date the
application is filed.
B.
Final official submission of the plan to the Township Council shall consist of eight black- or blue-on-white prints of the plan, which shall comply with § 145-13 of this chapter and the conditions for which the plan received tentative approval, plus financial security specified in Subsection G below, all offers of dedication and deeds of easements to the Township and all other required documents.
[Amended 9-4-2003 by Ord. No. O-03-16]
C.
Upon receipt of all required materials, the Township
Secretary shall forward one copy of the plan to the Township Council,
the Centre Regional and Centre County Planning Commissions, the Fire
Chief, the Township Engineer and, if the proposed development is to
have direct access to a state or federal highway, the district office
of the Pennsylvania Department of Transportation in Clearfield, Pennsylvania.
The County Planning Commission and its designated agent, the Centre
Regional Planning Commission and the Township Engineer may review
the final plan to determine its conformance to the provisions contained
in these regulations. The Township Council shall take no official
action on such application until reports from the above are received
or expiration of 30 days from the date the application is filed, whichever
comes first.
[Amended 9-4-2003 by Ord. No. O-03-16]
D.
The final review of the plan shall be conducted by the Township Council and shall be limited to determining if the plan conforms to the plan which received tentative approval, including all conditions and modifications required by the Township Council, and if the requirements for final plan approval as listed under § 145-13 of this chapter have been met. If the plan submitted for final approval varies from the plan granted tentative approval, it shall be the responsibility of the applicant or his representative to bring such changes to the attention of the Council. Failure of the applicant to bring said changes to the attention of the Council shall constitute an abandonment of the tentatively approved plan.
E.
Plans containing variations.
(1)
In the event that the development plan as submitted
contains variations from the development plan given tentative approval,
the Council may refuse to grant 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 the plan is at variance with that which received tentative
approval. In the event of such refusal, the landowner may either:
(2)
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 that the owner shall fall 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 owner, and the hearing shall
be conducted in the manner prescribed for public hearings on applications
for tentative approval. Within 30 days after the conclusion of the
hearing, the 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 chapter.
F.
As a condition of approval, the applicant shall permit the Township Engineer to make periodic site inspections of such nature and extent as is necessary to ensure that the required improvements are being installed and constructed in conformity with the design standards contained herein or otherwise specified in the tentative approval of the plan. The Township Engineer shall make inspections and report on required improvements as specified in Chapter 180, Subdivision of Land, and the Council shall notify the landowner of the results as specified therein.
G.
In order to guarantee the completion of any improvements required as a condition for final approval of the plan, the Council shall require deposit of a corporate bond or other form of financial security, prior to approval of the plan, in an amount sufficient to cover the costs of any improvements which may be required, regardless of whether or not such are intended to be dedicated to the municipality. Such bond or security shall take the form and shall be enforceable as specified in Chapter 180, Subdivision of Land. The Council may require maintenance guaranties as specified in Chapter 180, Subdivision of Land.
H.
In the event that a development plan or section thereof
is given final approval and thereafter the landowner abandons the
plan or section and the landowner notifies the Council, in writing,
or if the landowner falls to commence and carry out the plan within
12 months from the date of final approval, no development or further
development shall take place on the property included in the development
plan until after said property is resubdivided and is reclassified
by enactment of an amendment to the College Township Zoning Ordinance[1] or until a tentative development plan and final plan are
resubmitted and approved under the procedures set forth in this chapter.
After completion of the procedures required
by these regulations and after final approval by the Council, all
endorsements shall be so indicated on the approved plan and on as
many other copies of the plan as may be desired by the governing body.
Upon approval and signing of the plan by the Council, a record plan
shall be recorded in the office of the Recorder of Deeds of Centre
County by the applicant within 90 days of such approval and signing.
Such recording shall be otherwise in conformity with the Pennsylvania
Municipalities Planning Code.[1] Within 10 days after the Recorder of Deeds has properly
recorded the planned residential development plan, a copy of such
shall be forwarded to the Township Secretary by the applicant, including
the endorsement of the Recorder of Deeds. Upon filing of the record
development plan, zoning and subdivision regulations otherwise applicable
to the land included in the plan shall cease to apply thereto. All
record plans shall be exact replicas of the final plan approved by
the College Township Council. Pending completion within a reasonable
time 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 Council in
accordance with provisions specified herein.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
