A. 
Hereafter all applications for a planned residential development within the corporate limits of the Municipality shall be reviewed by the Municipal Planning Commission and other municipal, state or county officials as deemed necessary and shall be approved or disapproved by the governing body in accordance with procedures specified in this chapter.
B. 
The applicant shall have the right to the uses permitted in this chapter and to uses permitted by right, by condition and by special exception in accordance with the design requirements and regulations prescribed for those uses in the zoning district within which the applicant is submitting an application for a PRD.
Before submitting an application for a planned residential development the applicant shall confer with the governing body to obtain information and guidance before entering into binding commitments or incurring substantial expense. At this conference, the following information will be provided by the Municipality:
A. 
The governing body will apprise the potential applicant of all ordinances, rules, procedures and regulations pertaining to the development of a planned residential development in the Municipality.
B. 
The governing body will explain the following sequence of events: submittal of the tentative development plan, the execution of a public hearing and the review of the final development plan and either granting approval, modifying or disapproving the application for planned residential development.
A. 
Submission of information to the municipality. Copies of all information for the proposed planned residential development and all required supporting data shall be submitted to the Municipal Secretary by the developer or his representative authorized in writing to submit the plan.
B. 
Number of copies. Four legible black-line or blue-line paper prints of all plans and supporting data shall be required.
C. 
Distribution of information. The Municipal Secretary (or his representative) shall refer the plans and supporting data to the following:
(1) 
One copy to the Municipal Planning Commission.
(2) 
One copy to the governing body.
(3) 
One copy to the Municipal Engineer.
(4) 
One copy to the Municipal Sewer Authority.
A. 
The pre-application submission shall be considered as a submission for informal discussion between the developer and the Municipality. This submission shall not constitute official submission of a plan to the Municipality.
B. 
Review by the Municipal Planning Commission.
(1) 
A pre-application shall be reviewed by the Municipal Planning Commission within 60 days from the date the pre-application was forwarded to the Municipal Planning Commission. Written notification shall be given to the applicant as to the date of review.
(2) 
Within 14 calendar days after the meeting at which the pre-application is reviewed by the Municipal Planning Commission, the Planning Commission's Secretary shall send written notice of the Commission's recommendation including changes or modifications, if any, required or recommended that it deems necessary or advisable, to the following:
(a) 
The governing body.
(b) 
The developer or his agent.
(c) 
The Municipal Engineer.
(d) 
The Municipal Solicitor.
A. 
Submission of information to the municipality. Copies of the tentative plan and all required supporting data shall be officially submitted to the Municipal Secretary by the developer or his representative authorized in writing to submit the plan.
B. 
Number of copies.
(1) 
Three completed copies of an Application for Tentative Approval.
(2) 
Six legible black-line or blue-line paper prints of the Preliminary Plan which shall fully comply with the requirements of this chapter. Seven copies of the plan shall be required if a State road abuts or traverses the planned residential development. Whenever a planned residential development is located in or adjacent to another municipality, one additional print shall be required.
(3) 
Six copies of all other required information.
C. 
Filing fee. The Municipal Secretary (or his representative) shall collect a filing fee as established by the governing body for all planned residential developments. Fees shall be charged in order to cover the costs of examining plans and other incidental expenses. The developer shall pay the fee at the time of application for tentative approval.
D. 
Distribution of tentative plan. The Municipal Secretary (or his representative) shall refer the tentative plan, after all required fees have been collected, to the following:
(1) 
One copy to the Municipal Planning Commission, including one copy of the application form.
(2) 
Two copies of the plan to the County Planning Commission and one copy of all required supporting documents.
(3) 
One copy to the governing body including one copy of the application form.
(4) 
One copy to the Municipal Engineer.
(5) 
One copy to the Municipal Sewer Authority.
A. 
Review by the municipal engineer. The Municipal Engineer shall review the tentative plan to determine its conformance with this chapter. The Engineer may recommend changes, alterations or modifications, as he may deem necessary. The report of the Engineer shall be in writing and shall be submitted to the Municipal Planning Commission prior to the regularly scheduled or special meeting at which the tentative plan is to be considered by the Planning Commission.
B. 
Review by the Pennsylvania Department of Transportation. If a proposed planned residential development abuts or it is traversed by a state road, the Municipal Secretary shall transmit one copy of the tentative plan to the district office of the Pennsylvania Department of Transportation for its review and comments.
C. 
Review by the Municipal Planning Commission.
(1) 
When a tentative plan has been officially submitted, such plan shall be reviewed by the Municipal Planning Commission at its next regularly scheduled meeting, or at the discretion of the Planning Commission, at a special meeting which may be held prior thereto.
(2) 
During review of the tentative plan, the Municipal Planning Commission shall consider the written reports of the Municipal Engineer, County Planning Commission, Pennsylvania Department of Transportation, if applicable provided, however, that if these reports are not received within 45 days after transmittal to these agencies, the Planning Commission may officially act without having received and considered such reports.
(3) 
If review by the Municipal Planning Commission is favorable, or unfavorable because the requirements of this chapter have not been met, or the Planning Commission deems changes or modifications of the plan submitted are advisable or necessary, such decision and the reasons therefore shall be given in written form by the Secretary of the Planning Commission no less than five days before the public hearing at which the tentative plan is to be reviewed to the following:
(a) 
The governing body.
(b) 
The County Planning Commission.
(c) 
The developer or his agent.
(d) 
The Municipal Engineer.
(e) 
The Municipal Solicitor.
D. 
In addition, the Municipal Planning Commission shall forward to the governing body copies of all reports received from County Planning Commission, Department of Transportation and Municipal Engineer.
A. 
Within 60 days after the filing of a complete application for tentative approval of a planned residential development pursuant to the requirements of this chapter, a public hearing pursuant to public notice on said application shall be held by the governing body in a manner prescribed by law.
B. 
The governing body may administer oaths and compel the attendance of witnesses. All testimony by witnesses at a hearing shall be subject to cross-examination. Notice of such hearing shall be given in writing not less than 30 days prior to the hearing to any other municipality (or municipalities) wherein the subject Planned Residential Development is located, and to any other municipality adjoining the planned residential development.
C. 
General procedures and order of business shall be in the following sequence:
(1) 
Identification of counsel and parties in interest and certification of compliance with all legal requirements of filing for hearings and adequacy of notice required.
(2) 
Identification of counsel in support or opposition thereto.
(3) 
Identification of others wishing to be heard and their status.
(4) 
The applicant shall present evidence as to the development's:
(a) 
General character and substance.
(b) 
Objectives and purposes to be served.
(c) 
Adequacy and completeness of standards.
(d) 
Satisfactory application of standards in specific details of design and organization of elements and plans.
(e) 
Scale, scope and impact of the planned residential development in the Municipality.
(f) 
Economic feasibility.
(g) 
Time factors and sequential development standards.
(h) 
Conformity to comprehensive plans.
(5) 
The Municipal Planning Commission and County Planning Commission reviews and recommendations shall be read.
(6) 
After the presentation, the following information will be solicited:
(a) 
Statements and relevant opinions, including documentation in opposition or modification in the same order.
(b) 
Questions by the governing body.
(c) 
Summation of statements and conclusions by opponents, supporters, interested parties and the developer.
(7) 
The foregoing may be modified by the governing body in the interests of obtaining all of the relevant material evidence in an orderly fashion.
D. 
A verbatim record of the hearing shall be caused to be made by the governing body whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such 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 duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
E. 
The governing body may Continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
A. 
Time period for approval or denial.
(1) 
The governing body within 30 days following the conclusion of the public hearing provided for in this chapter, 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.
(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 the governing body, notify such agency of his refusal to accept all said conditions, in which case, the governing body shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not notify the governing body within said period, tentative approval of the development plan, with all said conditions, shall stand as granted.
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) 
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Municipality.
(2) 
The extent to which the development plan departs from zoning and subdivision requirements 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.
(3) 
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 other public services 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.
(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) 
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.
(7) 
The validity of information pertaining to the developer's statement of ownership, financial ability, experience and liens upon the proposed site will be appraised.
(8) 
The validity of the legal instrument or the developer's program for managing, maintaining and repairing public facilities and community services will be appraised.
C. 
In the event a development plan is granted tentative approval, with or without conditions, the governing body 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 on application for final approval shall not be less than three months, nor more than 18 months. However, an extension of time may be granted by the governing body upon written request.
A. 
The official written communication provided for in § 307-13 of this chapter shall be certified by the Secretary of the Municipality and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.
B. 
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or in 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, within the time periods specified in the official written communication granting tentative approval.
C. 
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 not notify the Municipality 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 cases 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 may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary of the Municipality.
A. 
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, a section thereof. Said application shall be made to the Municipality and within the time or times specified by the official written communication granting tentative approval. If application for final approval is in accordance with the tentatively approved development plan, a public hearing need not be required.
B. 
The final plan shall conform in all important respects to the tentative plan as previously reviewed by the Municipal Planning Commission and the governing body and shall incorporate all modifications required by the Municipality in its review of the tentative plan.
(1) 
Submission of information to the municipality. Copies of the final plan and all required supporting data shall be officially submitted to the Municipal Secretary by the subdivider or his representative authorized in writing to submit the plan.
(2) 
Number of copies.
(a) 
Three completed copies of the application for final approval.
(b) 
Six legible black-line or blue-line paper prints of the final plan which shall fully comply with the requirements of this chapter.
(c) 
Six copies of all other required information.
(d) 
One copy of approvals from Natural Resources Conservation Service, Pennsylvania Department of Environmental Protection, Pennsylvania Department of Transportation, Municipal Authorities and local utilities.
(3) 
Filing fees. The developer shall pay any additional fees, if required. There shall be no refund or credit of any portion of the fee should the developer fail to apply for final approval within the required period of time or if the final plan covers only a section of the development for which tentative approval has been obtained.
(4) 
Distribution of final plan. The final plan shall be distributed in accordance with the requirements of § 307-10D for tentative plan.
A. 
Review by the municipal engineer. The final plan shall be reviewed and a written report submitted as required under § 307-11A for tentative plans. The report shall include a review of the estimate of the cost of construction of all improvements required by this chapter by stages of proposed developments as submitted by the developer.
B. 
Review by the municipal planning commission. The final plan shall be reviewed at the next regularly scheduled meeting of the Planning Commission, or at the discretion of the Planning Commission, at a special meeting which may be held prior thereto.
C. 
Review by the governing body.
(1) 
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 Chapter and the official written communication of tentative approval, the governing body shall, within 45 days of such filing, grant such development plan final approval.
(2) 
In the event the development plan as submitted contains variations from the development plan given tentative approval, the governing body may refuse to grant final 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 one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
(a) 
Refile his application for final approval without the variations objected to; or
(b) 
File a written request with the governing body that it hold a public hearing on his application for final approval. If the developer 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 45 additional days if the time for applying for final approval shall have already passed at the time when the developer was advised that the development plan was not in substantial compliance. In the event the developer 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 45 days after request for the hearing is made by the developer, and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 45 days after the conclusion of the hearing, the governing body 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.
(3) 
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the governing body and shall be filed on record forthwith in the office of the Recorder of Deeds of Berks County before any development shall take place in accordance therewith. Upon the filing of record of the development plan, zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. 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 developer and the governing body.
(4) 
In the event that a development plan, or a section thereof, is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved, and shall so notify the governing body in writing; or, in the event the developer shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by this chapter after final approval has been granted, 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 Chapter 450, Zoning, and at such time, the provisions of Chapter 450 and Chapter 400, Subdivision and Land Development, shall become enforceable upon said development.
D. 
Distribution of record plans. After completion of final plan approval, the developer shall submit:
(1) 
One paper print to the Recorder of Deeds.
(2) 
One linen print to the Municipal Secretary.
(3) 
Two paper prints to the County Planning Commission.
(4) 
One microfilm aperture card to the Municipal Engineer.
A developer may construct a planned residential development 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. 
The second and subsequent stages are completed and consistent with the tentatively approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 20% of the dwelling units receiving tentative approval.
C. 
A schedule for residential, commercial and public facility construction will be submitted for approval by the governing body.
D. 
The landscaping for each approved stage, as well as succeeding approved stages, will be 80% complete before proceeding to the next stage. No more than two stages may be incomplete at any time.
Prior to final approval of the final plan, the developer shall guarantee the installation of all required improvements.
A. 
The developer must post a performance guarantee in the amount of 120% of the cost of all improvements required by this chapter and as estimated by the Municipal Engineer for that portion of the development which the developer has submitted to the Municipality for final plan approval. The performance guarantee may be either a performance bond with corporate surety, or other security acceptable to the governing body. Performance guarantees shall be submitted in a form and with a surety approved by the Municipal Solicitor guaranteeing the construction and installation of all improvements within a stated period which shall not be longer than three years from the date of final approval.
B. 
Upon written application signed by both the obligor and surety of a performance guarantee, in a form approved by the Municipal Solicitor, the governing body may, at their discretion, extend said period by not more than three additional years.
C. 
The amount of the performance guarantee may be reduced by the governing body, by resolution, as and when portions of the required improvements have been installed. In the event of default, the obligor and surety shall be liable thereon to the Municipality for the cost of the improvements or parts thereof not installed. Upon receipt of the proceeds thereof, the Municipality shall install the improvements. If cost of the improvements exceeds the amount of the performance guarantee, then the developer shall be liable for the amount in excess which the Municipality has actually expended for such improvements. In case the amount of the performance guarantee exceeds the actual cost of improvements made, the Municipality shall return the unused sum to the surety or the person who has paid or deposited the performance guarantee. Performance guarantees shall not be released except by written permission from the governing body, and in accordance with the procedures of § 307-19.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The governing body shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall, thereupon, file a report, in writing, with the governing body, and shall promptly mail a copy of the same to the developer by certified or registered mail.
B. 
The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the aforesaid authorization from the governing body, said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such non-approval or rejection.
C. 
The governing body shall notify the developer, in writing, by certified or registered mail of their action.
D. 
If the governing body or the Municipal Engineer fail to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to his performance guaranty bond or other security agreement.
E. 
If any portion of the said improvements shall not be approved or shall be rejected by the governing body, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
A. 
All streets, parks or other improvements shown on the final plan, recorded or otherwise, shall be deemed to be private until such time as the same has been offered for dedication to the Municipality and accepted by resolution of governing body.
B. 
Before acceptance of any street, park or other improvements, the governing body shall require the developer to file a maintenance guarantee in an amount of not less than 10% of the Municipal Engineer's estimate of the cost of all improvements required by this chapter. Such maintenance guarantee shall be in a form and with a surety approved by the Municipal Solicitor, guaranteeing that the developer shall maintain all improvements in good condition for a period of two years after completion of construction or installation of all improvements.