The provisions of this article for approval of a planned residential development (PRD) shall be a modification to and in lieu of procedures and criteria for approvals otherwise required in this chapter and Chapter
163, Subdivision and Land Development, of the Borough Code. Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
The planned residential development (PRD) provisions
of this chapter shall be administered by Borough Council. The Planning
Commission shall review all applications on the basis of the standards
specified in this article and make a recommendation to Borough Council.
Borough Council shall conduct the public hearings required by the
Pennsylvania Municipalities Planning Code and shall have the final authority to approve, approve
with conditions or disapprove a planned residential development (PRD).
A. Preapplication conference.
(1) Prior to filing an application for tentative approval,
the applicant or his representative may meet with Borough staff to
obtain application forms and to discuss application procedures and
applicable ordinance requirements.
(2) In addition, the developer may request a preapplication
conference with the Planning Commission to discuss the conceptual
design for the development of the property and the feasibility and
timing of the application. The applicant shall contact the Borough
Zoning Officer or his or her designated representative at least five
calendar days prior to the regular meeting of the Planning Commission
to request a preapplication conference with the Planning Commission.
(3) The preapplication conference with the Planning Commission
is voluntary, and no formal application or fee is required. This opportunity
is afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
(4) While no formal application is required for a preapplication
conference, the applicant should provide one copy of readily available
information with the request for a preapplication conference, which
information shows the location of the property and any special features
such as streams, floodplains or other conditions that may affect the
development of the property. Readily available resources that may
be used include the deed for the property, a property survey, the
Tax Parcel Maps prepared by the Beaver County Assessor's Office, USGS
Quadrangle Map showing natural features and topography, the National
Flood Insurance Administration (NFIA) Flood Hazard Boundary Maps,
Natural Resources Conservation Service Maps of soil types and the
U.S. Bureau of Mines coal mine maps.
(5) A preapplication conference shall not constitute formal
filing of any application for approval of a planned residential development
(PRD), shall not bind the Planning Commission to approve any concept
presented in the preapplication conference and shall not protect the
application from any subsequent changes in ordinance provisions adopted
between the preapplication conference and the official date of filing
of an application for tentative approval of a planned residential
development (PRD) that may affect the proposed development under the
terms of this chapter.
B. Application for tentative approval. At least 21 calendar
days prior to the regular meeting of the Planning Commission, 13 copies
of an application for tentative approval shall be submitted. The application
shall be in sufficient detail for the Planning Commission to determine
compliance with the standards of this article and shall contain, at
a minimum, the following information:
(1) A legal description of the total tract proposed for
development, including a statement of present and proposed ownership.
(2) A written statement of planning objectives to be achieved
by the planned residential development (PRD) through the particular
approach proposed by the developer. The statement shall include a
description of the character of the proposed development and its relationship
to the immediate area in which it is to be located.
(3) A written statement setting forth the reasons why
the proposed planned residential development (PRD) would be in the
public interest and would be consistent with the Borough's Comprehensive
Plan.
(4) A written statement of the requested modifications to Chapter 192, Zoning, of the Borough Code and Chapter
163, Subdivision and Land Development, of the Borough Code otherwise applicable to the property, if any.
(5) A check made payable to the Beaver County Planning
Commission for the fee required to cover the costs of reviewing the
application.
(6) Application filing and review fees, as required by §
180-116 of this chapter.
(7) A location map that clearly shows the location and
area of the site proposed for development with relation to all lands,
buildings and structures within 200 feet of its boundaries, the location
and distance to existing streets and highways and the names of landowners
of adjacent properties.
(8) A traffic impact study, as defined herein.
(9) A written report from a qualified soils engineer addressing
the site's soil stability and subsurface conditions and the probable
measures necessary, if any, to be considered in the design of the
development and infrastructure, the location of the structures and
the design of the foundations.
(10)
A set of development plans prepared at a minimum
scale of one inch equals 100 feet or a maximum scale of one inch equals
50 feet, whichever is practical depending on the size of the site,
showing the following information:
(a)
Existing contours at intervals of five feet;
watercourses; floodplains; wetlands; woodlands; soils; steep slopes;
and other natural features.
(b)
Proposed lot lines and subdivision plat, if
any.
(c)
The location of all existing and proposed buildings,
structures and other improvements, including maximum heights, dwelling
unit types and dwelling unit density. Preliminary building elevations
and architectural renderings for all structures, other than single-family
detached dwellings, shall be provided.
(d)
The location and size in acres or square feet
of all areas to be conveyed, dedicated or reserved as common open
space.
(e)
A tabulation of zoning requirements, including
area in steep slopes, density calculation, setbacks, distance between
buildings, percentage of open space and other applicable requirements
of this article.
(f)
The existing and proposed vehicular circulation system of local and collector streets, including off-street parking areas required by Article
XIII, service areas, loading areas and major points of access from the planned residential development (PRD) to public rights-of-way.
(g)
The existing and proposed pedestrian circulation
system, including its interrelationship with the vehicular circulation
system and proposed treatment for any points of conflict between the
two systems.
(h)
Streetlighting plan, as required by Chapter
163, Subdivision and Land Development, of the Borough Code.
(i)
The existing and proposed utility systems, including
sanitary sewers, storm sewers and water, electric, gas and telephone
lines.
(j)
A plan showing existing and proposed contours
and their relationship to proposed buildings, structures, highways,
streets, parking areas, walkways and existing woodlands.
(k)
A general landscaping plan indicating the treatment
and materials proposed to be used in buffer areas and common areas
on the site.
(l)
Any additional information required by Chapter
163, Subdivision and Land Development, of the Borough Code for a preliminary plat, including application filing and application review fees.
(11)
In the case of development plans that call for
development over a period of years, a schedule for phasing the development
shall be provided. This phasing schedule shall be reviewed annually
with the Planning Commission on the anniversary of tentative approval
or as each phase is completed, whichever occurs first.
C. Review of application.
(1) The planning consultant shall review the application
to determine whether it is complete and properly filed in accordance
with all requirements of this chapter. If the planning consultant
determines that the application is not complete and properly filed,
written notice shall be provided to the applicant within 10 days of
the date of submission specifying the defects in the application and
returning the application to the applicant for resubmission. If a
revised application is resubmitted within 60 days of the date of the
written notice from the planning consultant, another application filing
fee shall not be required. Any application submitted after 60 days
shall be considered a new application and shall be accompanied by
the required application filing fee and application review fee.
(2) If the planning consultant determines that the application
is complete and properly filed, the date that the application is first
reviewed by the Planning Commission at its next regular meeting shall
constitute the official date of filing. Within 15 days of receipt
of a complete and properly filed application, the Borough Secretary
shall transmit a copy to the Beaver County Planning Commission for
review and comment and shall refer the application to the Borough
Planning Commission for review and recommendation.
(3) If, during review by the Planning Commission, the
applicant revises the application to address comments from the Planning
Commission or to demonstrate compliance with this chapter, a new application
shall not be required. If, during review by the Planning Commission,
the applicant initiates substantial revisions to the application that
are not the result of Planning Commission comments and that are not
mandated to demonstrate compliance with this chapter, the applicant
shall withdraw the application and submit a new application that shall
be subject to the payment of the required application filing fee and
application review fee.
(4) In the event that the Planning Commission tables the application to allow the applicant to address comments or demonstrate compliance with this chapter, the Planning Commission may request that the applicant grant Borough Council an extension of the sixty-day deadline required by §
180-60D to hold the public hearing, if necessary. If the applicant fails to grant such an extension, the Planning Commission may recommend disapproval of the application based on the deficiencies identified. In the case of a recommendation for disapproval, the Planning Commission shall cite the specific requirements of this chapter that have not been met.
(5) The Planning Commission shall forward a written recommendation on the application for tentative approval to Borough Council in time for Borough Council's public hearing required by §
180-60D of this chapter.
D. Public hearing.
(1) Within 60 days following the official date of filing
of an application for tentative approval of a planned residential
development (PRD) that contains all of the required documentation,
a public hearing pursuant to public notice shall be held by Borough
Council.
(2) In addition to the public notice, the Borough shall
send notices of the public hearing by regular mail at least 14 days,
but no more than 21 days, prior to the public hearing to all residents
and/or landowners within 300 feet of the site for which the application
for tentative approval of a planned residential development (PRD)
has been submitted. It shall be the responsibility of the applicant
to provide the names and addresses of said residents and/or landowners
with the application for tentative approval.
(3) The public hearing shall be conducted in the manner prescribed in Article
IX of the Pennsylvania Municipalities Planning Code, and all references to the Zoning Hearing Board in Article
IX shall apply to Borough Council. The public hearing or hearings shall be concluded within 60 days of the first hearing.
(4) The Borough may offer mediation as an aid in completing these proceedings, provided that, in exercising such an option, the Borough and the mediating parties shall meet the stipulations and follow the procedures set forth in §
180-104 of this chapter.
E. Tentative approval.
(1) Within 60 days following the conclusion of the public
hearing, or within one 180 days after the official date of filing,
whichever occurs first, Borough Council shall, by official written
communication, either:
(a)
Grant tentative approval of the development
plan, as submitted;
(b)
Grant tentative approval of the development
plan, subject to specified conditions not included in the development
plan as submitted; or
(2) Failure 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 tentative approval is granted subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication of Borough Council, notify
Borough Council of his refusal to accept all said conditions, in which
case Borough 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 Borough Council of his refusal to accept
all said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
Borough Council shall grant tentative approval
if, and only if, all applicable requirements of this article are met
and all of the following criteria are met:
A. Compatibility. The proposed application for tentative
approval complies with all standards, restrictions, criteria, requirements,
regulations and procedures of this article; preserves the community
development objectives of this chapter; and is found by Borough Council
to be compatible with the public interest and consistent with the
Borough's Comprehensive Plan.
B. Modifications proposed. Where the proposed application for tentative approval provides standards that vary from this chapter and Chapter
163, Subdivision and Land Development, otherwise applicable to the subject property, such departure shall promote protection of the environment and public health, safety and welfare and shall be in the public interest.
C. Common open space. The proposals for the maintenance
and conservation of any proposed common open space are reliable and
meet the standards of this chapter and the amount and extent of improvements
within the common open space are appropriate with respect to the purpose,
use and type of the residential development proposed.
D. Physical design. The physical design of the proposed
development plan adequately provides for public services, traffic
facilities and parking, light, air, recreation and visual enjoyment.
E. Relationship to surrounding area. The proposed development
plan is beneficially related to the immediate area in which it is
proposed to be located.
F. Environmental protection. The proposed development
plan will afford adequate protection of natural watercourses, wetlands,
topsoil, woodlands, steep slopes and other natural features and will
prevent erosion, landslides, siltation and flooding.
G. Phasing. In the case of a development plan that proposes
development over a period of years, the terms and conditions thereof
are sufficient to protect the interests of the public and of the residents
of the planned residential development (PRD) in the integrity of the
final development plan.
Unless extended by Borough Council for good
cause shown, the developer shall submit 13 copies of the application
for final approval within one year after the development plan is granted
tentative approval by Borough Council. The final application shall
consist of detailed plans for any phase or section of the development
plan. No building permit shall be issued until final approval has
been granted by Borough Council for the phase or section in which
the proposed development is located. final approval for any phase
or section shall expire if construction is not initiated for the phase
or section within one year of the date of final approval of the phase
or section by Borough Council, unless extended by Borough Council
for good cause shown.
A. Review of application by planning consultant and Planning
Commission.
(1) The planning consultant shall review the application
to determine whether it is complete and properly filed in accordance
with all requirements of this chapter. If the planning consultant
determines that the application is not complete and properly filed,
written notice shall be provided to the applicant within 10 days of
the date of submission specifying the defects in the application and
returning the application to the applicant for resubmission.
(2) If the planning consultant determines that the application
is complete and properly filed, the date that the application is received
by the Borough shall constitute the official date of filing. Within
15 days of receipt of a complete and properly filed application, the
Borough Secretary shall refer the application to the Borough Planning
Commission for review and recommendation and to the Beaver County
Planning Commission for review and comment subject to payment of the
required fee.
(3) Within 30 days of receipt of a complete and properly
filed application for final approval, the Planning Commission shall
forward a written recommendation to Borough Council.
(4) A public hearing on an application for final approval
shall not be required, provided the development plan is in compliance
with the development plan given tentative approval and with any specified
conditions attached thereto.
B. Action by Borough Council. In the event that an application
for final approval has been filed, together with all drawings, specifications
and other documentation in support thereof, in accordance with the
requirements of this chapter and the official written communication
granting tentative approval, Borough Council shall, within 45 days
of the official date of filing, grant final approval to the development
plan.
C. Variations from the plan granted tentative approval.
(1) In the event that the development plan submitted contains
variations from the development plan granted tentative approval, Borough
Council may refuse to grant final approval and may, within 45 days
of the official date of filing of the application for final approval,
advise the applicant, in writing, of said refusal, setting forth in
said notice the reasons why one or more of the variations are not
in the public interest. In the event of such refusal, the landowner
may either:
(a)
Refile the application for final approval without
the variations objected; or
(b)
File a written request with Borough Council
that it hold a public hearing on the application for final approval.
(2) If the landowner wishes to take either 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.
(3) If the landowner fails to take either of these alternate
actions within said time, he shall be deemed to have abandoned the
development plan.
D. Optional public hearing on final application that
varies from plan granted tentative approval.
(1) Any public hearing held on an application for final
approval shall be held pursuant to public notice within 30 days after
the request for the hearing is made by the landowner, and the hearing
shall be conducted in the manner prescribed in this article for public
hearings on an application for tentative approval.
(2) Within 30 days after the conclusion of the public
hearing, Borough Council shall, by official written communication,
either grant or deny final approval. The grant or denial of final
approval of the development plan shall, in cases where a public hearing
is required, be in the form and contain the findings required for
an application for tentative approval.
E. Changes in the approved plan. Changes in the location
and siting of buildings and structures deemed minor by Borough Council
may be authorized without additional public hearings, if required
by engineering or other circumstances not foreseen at the time of
tentative approval. However, gross density and/or any increase in
the total number of townhouses or garden apartments or any major change
in the points of ingress and egress to the development site or the
internal traffic circulation pattern established at the time of tentative
approval shall not be changed without a public hearing.
F. Application for final approval. The application for
final approval shall comply with all applicable ordinance provisions,
and the development plan shall include, as a minimum, the following
information:
(1) All data required by Chapter
163, Subdivision and Land Development, for a final plan, including application filing, application review and inspection fees.
(2) Accurately dimensioned locations for all proposed
buildings, structures, parking areas and common open space.
(3) The number of dwelling units in each residential building
and the intended use of each nonresidential building or structure.
(4) Building elevation drawings for all principal structures,
other than single-family dwellings.
(5) A lighting plan, showing the location, height and
type of any exterior lighting fixtures proposed and a photometric
plan for all lighting other than streetlights or yard post lamps showing
the distribution of lighting on the site and at the site boundaries.
(6) A landscaping plan, as defined by this chapter, including
the location and types of plant materials, sidewalks, trails and recreation
facilities authorized by this chapter.
(7) Supplementary data, including any covenants, grants
of easements or other restrictions to be imposed on the use of the
land, building and structures and the organization proposed to own,
maintain and operate the common open space facilities.
(8) An engineering report that shall include the following
data, wherever applicable:
(a)
Profiles and specifications for proposed public
and private streets.
(b)
Profiles and other explanatory data concerning
installation of water distribution systems, storm sewers and sanitary
sewers.
(c)
Feasibility of the sanitary sewerage system
in terms of capacity to serve the proposed development.
(9) A grading plan subject to review and approval by the
Borough Engineer.
(10)
A copy of the erosion and sedimentation control
plan as submitted to the Beaver County Conservation District.
G. Performance bond and developer's agreement. As a condition of final approval of a planned residential development (PRD), the performance bond and developer's agreement required by Chapter
163, Subdivision and Land Development, of the Borough Code shall be required.
H. Recording. A final development plan, or any part thereof, that has been granted final approval shall be so certified without delay by Borough Council and shall be filed of record in the Office of the Beaver County Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to execution of the developer's agreement and posting of the financial security required by Chapter
163, Subdivision and Land Development, for public and private improvements in the development plan.
I. Revocation of final approval. In the event that a
development plan, or section thereof, is given final approval and
thereafter the landowner shall abandon such plan, or section thereof,
that has been finally approved and shall so notify Borough Council
in writing, or in the event that the landowner shall fail to commence
and carry out the planned residential development (PRD) in accordance
with the time provisions stated in Section 508 of the Pennsylvania
Municipalities Planning Code after final approval has been granted, no further development
shall take place on the property included in the development plan
until a new application for tentative approval of a planned residential
development (PRD) is submitted for said property or the property is
developed in accordance with the then applicable zoning district regulations.