[Amended 1-17-1983 by Ord. No. 437; 10-15-1984 by Ord. No. 450]
The application for tentative approval shall be filed with the Borough Manager or his designated representative in not less than eight copies at least 14 days prior to the Planning Commission meeting at which the application initially is to be considered. The application shall be accompanied by a fee as may from time to time be determined by the Council. It shall include a tentative development plan illustrating compliance with all the standards for planned residential development set forth in §§ 400-67 to 400-74 of this part. The development plan shall include, but not necessarily be limited to, the following documents:
A. 
A tentative plat meeting all the specifications of a preliminary plat given in § 380-7 of the Subdivision Ordinance. Topographic contours shall be accurate to 1/2 the contour interval. The location, orientation, approximate elevation of lowest floor, approximate size and shape, and approximate entry locations of all dwellings shall be shown. The approximate alignments of all driveways shall be shown. Incidental recreation facilities, parking and any other proposed facilities shall be shown in similar detail. The location and size of all common open space and the proposed ownership and maintenance arrangements for such open space shall be shown. If a planned residential development is proposed as a portion of a larger subdivision or land development, the developer must show the proposed boundary of the planned residential development.
B. 
The substance of covenants, grants of easements, or other restrictions to be imposed upon the use of land, buildings and structures.
C. 
A relative time schedule for all on-site and off-site structures and site improvements which shall be made.
D. 
A written statement signed by the developer setting forth reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the Borough Plan.
E. 
A notice of proposed environmental disturbance and an environmental report as defined by the Natural Resources Ordinance of 1983 (Chapter 363, Part 2).
F. 
If the planned residential development is adjacent to land not fully developed and under option or the same beneficial ownership, a master plan for the future development of all contiguous properties under option or the same beneficial ownership.
G. 
Neither the Borough Manager nor his designated representative may accept an incomplete application. The Borough Manager or his designated representative shall determine whether an application is complete within 10 days after receiving it. If an application is found incomplete, it shall be returned to the developer with a written notice of its incompleteness and shall be deemed not filed. If an application is found complete or if it is not returned to the developer within 10 days after receipt, the application shall be deemed filed on the date it was received. If an application is received in the mail or left at the Municipal Building when the Manager or his designated representative is not present, it shall be deemed received upon the return of the Manager or his designated representative.
[Amended 10-15-1984 by Ord. No. 450]
The Borough Manager shall forward one copy each of the application for tentative approval to the Planning Commission, a Borough planning consultant, the Borough Engineer, the Borough Environmental Advisory Council, the Borough Park Commission, and the County Planning Commission. The County Planning Commission shall forfeit its right to review if its report is not received within the time limit specified in Section 704 of the Planning Code. All reports shall be submitted to the Planning Commission. The Planning Commission shall forward to the Council and to the developer copies of those reports and its own recommendations within 45 days after referral or at least five days prior to the public hearing to be held by the Council, whichever shall first occur.
A. 
Within the time limit specified in Section 708(a) of the Planning Code, a public hearing pursuant to public notice shall be held on said application by the Council in the manner prescribed in said Section 708.[1]
[1]
Editor's Note: See 53 P.S. § 10708.
B. 
The Council may continue the public hearings; provided, however, that the ensuing hearings shall be concluded within the time limit specified in Section 708(c) of the Planning Code.
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488; 9-19-1989 by Ord. No. 500]
A. 
The Council, within the time limit specified in Section 709 of the Planning Code,[1] shall by official written communication to the developer, either:
(1) 
Grant tentative approval of the development plan as submitted;
(2) 
Grant tentative approval subject to specified conditions not included in the development plan as submitted; or
(3) 
Deny tentative approval to the development plan.
(4) 
As to development plans which include a master plan, Council's action shall include one of the three foregoing actions with respect to the master plan. Failure so to 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 a tentative approval is granted subject to conditions, the developer may, within 30 days after receiving a copy of the official written communication of the Council, notify the Council in writing of his refusal to accept all said conditions, in which case the Council shall be deemed to have denied tentative approval of the development plan. In the event the developer does not, within said period, notify the Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
[1]
Editor's Note: See 53 P.S. § 10709.
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 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:
(1) 
Those respects in which the development plan is or is not consistent with the Borough Plan;
(2) 
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, if any, why such departures are not deemed to be in the public interest;
(3) 
The purpose, location and amount of the common open space (including the undisturbed open space) in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space (including the undisturbed open space), and the adequacy or inadequacy of the amount and purpose of the common space (including the undisturbed 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 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;
(5) 
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established;
(6) 
The extent to which the development is consistent or inconsistent with the purposes of this part;
(7) 
An assessment of the environmental impact of the development plan as defined in § 363-24 of the Natural Resources Ordinance; and
(8) 
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 of the plan.
C. 
The grant of tentative approval shall be revoked by the Council if it is notified by the developer of his intention to abandon the proposed development plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by § 400-61 of this part.
[Amended 1-17-1983 by Ord. No. 437; 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
The application for final approval of each phase shall be filed with the Borough Manager or his designated representative in not less than eight copies and shall be accompanied by a fee as may be determined by the Council from time to time. It shall be filed not later than 12 months following the grant of tentative approval or more than 36 months following the grant of final approval of the previous phase. It shall include a final development plan illustrating compliance with all standards for planned residential development set forth in Article XIII of this part. This shall include, but not necessarily be limited to, the following:
A. 
A final plat meeting all the specifications of a final plat given in § 380-10A(1) of the Subdivision Ordinance.
B. 
Final construction documents meeting the specifications given in § 380-10A(4) of the Subdivision Ordinance.
C. 
Final drafts of all offers of dedication, covenants, easements, deed restrictions and maintenance agreements to be imposed upon the use of the land, buildings and structures, and pertaining to the ownership, use and maintenance of all common open space areas (including the undisturbed open space) and any other common facilities.
D. 
A guarantee that the developer will install all required site improvements, which guarantee shall meet the requirements of § 400-55 of this part.
E. 
Neither the Borough Manager nor his designated representative may accept an incomplete application. The Borough Manager or his designated representative shall determine whether an application is complete within 10 days after receiving it. If an application is found incomplete, it shall be returned to the developer with a written notice of its incompleteness and shall be deemed not filed. If an application is found complete or if it is not returned to the developer within 10 days after receipt, the application shall be deemed filed on the date is was received. If an application is received in the mail or left at the municipal building when the Manager or his designated representative is not present, it shall be deemed received upon the return of the Manager or his designated representative.
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
The Borough Manager shall forward one copy each of the application for final approval to the Allegheny County Office of the U.S. Natural Resources Conservation Service, the Planning Commission, a Borough planning consultant, the Borough Engineer, the Borough Environmental Advisory Council, and the Borough Park Commission. The Planning Commission shall forward to the Council and to the developer copies of those reports and its own recommendations at least five days prior to the meeting of the Council at which the Council shall render its decision.
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
The Council shall render its decision and communicate it to the developer in writing within the time limit specified and otherwise in the manner provided in Section 711 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10711.
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
The developer shall record the approved development plan in the office of the County Recorder of Deeds within 90 days after final approval.
[Added 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488; 9-19-1989 by Ord. No. 500]
Upon request or its own motion, Council may grant a modification or waiver of the requirements of one or more provisions of the planned residential development provisions of this chapter where a rational and reasoned basis for such modification is shown, provided that such modification will not be contrary to the public interest and that the purpose and intent of the planned residential development provisions of this chapter are observed. Any request for any such modification shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved, and the minimum modification necessary.
[Added 10-15-1984 by Ord. No. 450]
The continuing validity of any approval of plans in accordance with this chapter shall be subject to those limitations established by Section 508(4) of the Planning Code.[1] Both tentative and final approval (if any) of the development plan shall be revoked if the developer gives notice of his intention to abandon the plan.
[1]
Editor's Note: See 53 P.S. § 10508(4).