A. 
The purpose of these planned residential development (PRD) regulations is to permit residential development that is more creative and imaginative than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical and efficient use of the land while providing a compatible blend of housing types, amenities and community facilities of high quality, oriented to the specific development site and preserving the natural scenic qualities of open space.
B. 
Each planned residential development (PRD) should be designed to accomplish the following:
(1) 
A maximum choice in the types of living environments.
(2) 
Open space and recreation areas directly related to the intended users.
(3) 
A pattern of development that preserves trees, outstanding natural topography and geological features and prevents soil erosion.
(4) 
A creative approach to the use of land and related physical development.
(5) 
An efficient use of land, resulting in smaller networks of utilities and streets and lower housing costs.
(6) 
An environment of stable character in harmony with surrounding development.
(7) 
A more desirable environment than would be possible through the strict application of other articles of this Chapter 180, Zoning.
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.
A. 
Site area. In all cases, the minimum site required for a planned residential development (PRD) shall be 25 contiguous acres. Public easements or rights-of-way and public or private streets shall not be construed as an interruption or division of a site for the purposes of a planned residential development (PRD).
B. 
Site ownership. The site proposed for a planned residential development (PRD) shall be under single ownership and control. Prior to submitting an application for tentative approval, the applicant shall demonstrate that he is the landowner, as defined by this chapter. Legal, as well as equitable, ownership shall be demonstrated coincident with approval of the final development plan.
C. 
Dwelling units authorized.
(1) 
R-2 District.
(a) 
In the R-2 District, the following dwelling types may be included in a planned residential development (PRD):
[1] 
Single-family detached dwellings.
[2] 
Two-family dwellings.
[3] 
Triplexes.
[4] 
Fourplexes.
[5] 
Townhouses.
(b) 
In the R-2 Zoning District, a minimum of 30% of the total number of dwelling units in the planned residential development (PRD) shall be single-family detached dwellings. In the case where a planned residential development (PRD) adjoins an established neighborhood of existing single-family detached dwellings, the single-family detached dwellings proposed in the planned residential development (PRD) shall be located along all common property lines with the established neighborhood.
(2) 
C-1 District.
(a) 
In the C-1 District, the following dwelling types may be included in a planned residential development (PRD):
[1] 
Single-family detached dwellings.
[2] 
Duplex dwellings.
[3] 
Triplexes.
[4] 
Fourplexes.
[5] 
Townhouses.
[6] 
Garden apartments.
(b) 
The planned residential development (PRD) may include one or more of the above-listed dwelling types and there shall be no minimum percentage of single-family dwellings required.
D. 
Recreational and other common facilities for the residents. In addition to the residential uses permitted in a planned residential development (PRD), recreation facilities designed for the use of the residents of the planned residential development (PRD) shall be required but shall not be limited to hiking, biking or exercise trails; tennis, paddle tennis, basketball, volleyball or other playing courts; swimming pool and related facilities; golf course or putting greens; community building for meetings and social activities; picnic pavilions; other passive and low-impact active recreational uses. Borough Council shall determine whether the proposed facilities are appropriate to the leisure and recreational needs and interests of the proposed residents of the planned residential development (PRD) based on the types of dwelling units proposed.
E. 
Maximum dwelling unit density. Regardless of whether a planned residential development (PRD) is comprised of a mix of dwelling unit types or a single type of dwelling unit, the maximum dwelling unit density authorized in the R-2 District shall be four units per acre, and in the C-1 District, the maximum dwelling unit density authorized shall be six units per acre.
F. 
Minimum lot area. There shall be no minimum lot area required for individual dwelling units, provided the dwelling unit density for the planned residential development (PRD) site does not exceed the maximum dwelling unit density authorized by this article and all other applicable requirements of this article are met.
G. 
Minimum building setback on the perimeter of the planned residential development (PRD) site. All principal and accessory structures and off-street parking shall be located at least 50 feet from the perimeter boundary of the planned residential development (PRD) site.
H. 
Distance between buildings.
R-2 Districts
(feet)
C-1 Districts
(feet)
Front to front
60
50
Front to side
40
30
Side to side
15
10
Rear to rear
50
40
Front to rear
60
40
I. 
Modifications to otherwise applicable zoning and subdivision regulations.
(1) 
The Design and Construction Standards of Chapter 163, Subdivision and Land Development, shall apply to all public improvements proposed in a planned residential development (PRD) unless a waiver or modification is granted by Borough Council in accordance with the procedure for granting waivers and modifications specified in Chapter 163, Subdivision and Land Development.
(2) 
Except for maximum dwelling unit density, perimeter setback and maximum building height, any of the other requirements of this article and the underlying zoning district classification may be modified by Borough Council in granting tentative approval to a planned residential development (PRD), if Borough Council determines that the requested modification or modifications will contribute to a more beneficial use of the site, will not be contrary to the public interest and are warranted owing to physical circumstances or conditions unique to the particular property.
(3) 
All requests for modification shall be in writing and shall accompany and be a part of the application for tentative and/or final approval. Such written request shall specify the ordinance section from which a modification is requested and shall state the grounds for the request, the justification for the request and whether it is the minimum modification necessary to carry out the proposed plan.
(4) 
Whenever a request for modification is granted or denied, the reasons for such grant or denial shall be stated within the official written communication to the landowner. The grant of a modification request may be subject to reasonable conditions designed to protect the public interest and to promote the purposes set forth in this article.
A. 
Access and traffic control.
(1) 
The principal entrance to the site of a planned residential development (PRD) shall connect directly to an arterial or collector street, as defined by this chapter. In every planned residential development (PRD), a secondary means of access shall be provided that may connect to a local street.
(2) 
The projected traffic volumes associated with the proposed planned residential development (PRD) shall be capable of being accommodated by the adjacent street network. The developer shall demonstrate, by submission of a traffic impact study, as defined herein, that the projected traffic from the planned residential development (PRD) shall not materially increase congestion and impair safety on adjacent public streets.
(3) 
Ingress and egress to and from the site shall be designed to comply with the minimum requirements of Chapter 163, Subdivision and Land Development, of the Borough Code. Private streets within the planned residential development (PRD) site shall be constructed to Borough specifications for public streets. Internal access driveways serving the dwelling units shall not be considered private streets and shall not be subject to Borough construction specifications.
B. 
Public water and sewer service. All dwelling units and other principal structures in a planned residential development (PRD) shall be connected to a public water supply and public sanitary sewer service.
C. 
Sidewalks and streetlighting.
(1) 
The developer shall provide sidewalks on at least one side of every street, whether public or private, within the planned residential development (PRD) site. Sidewalks shall be constructed in accordance with the Borough construction specifications in Chapter 163, Subdivision and Land Development, of the Borough Code.
(2) 
The developer shall provide streetlights at all public street intersections and at other locations deemed necessary by the Borough Engineer for public safety. Streetlights shall be installed in accordance with the requirements specified in Chapter 163, Subdivision and Land Development, of the Borough Code.
D. 
Storm drainage.
(1) 
The developer shall provide a storm drainage system within a planned residential development (PRD) that shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the planned residential development (PRD) and shall be so constructed to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the stormwater management regulations contained in Chapter 163, Subdivision and Land Development, of the Borough Code.
(2) 
All stormwater management facilities shall be owned and maintained by the homeowners' association or similar organization created to own and maintain the common open space within the planned residential development (PRD). The homeowners' association documents shall contain provisions assigning the maintenance schedule that is reviewed and approved by the Borough Engineer.
A. 
Areas required.
(1) 
Common open space shall comprise at least 20% of the total gross site area of the planned residential development (PRD).
(2) 
Of the required open space area, not more than 50% may be covered by water.
(3) 
Recreational facilities or structures and their accessory uses located in common open space areas shall be considered improved open space as long as the total impervious surface area constitutes no more than 5% of the total common open space.
(4) 
To the extent feasible, steep slopes, streams, lakes, ponds, woodlands and other environmentally sensitive areas shall be incorporated into the common open space; however, no more than 50% of the open space area provided shall be in excess of a twenty-five-percent slope.
(5) 
Required buffer areas shall be included in the common open space and shall be maintained in perpetuity by the organization created to own and maintain the common open space. Restrictive covenants and/or provisions in the organization's bylaws shall specify this responsibility.
(6) 
In the case of three or more dwelling units on a single lot, the open area surrounding the dwelling units, excluding any open space within 15 feet of the building walls, may be included in the calculation of common open space, provided the lot is not proposed to be further subdivided for fee simple ownership of the individual units.
B. 
Protection of common open space. Common open space in a planned residential development (PRD) shall be protected by adequate covenants running with the land or by conveyances or dedications. Said covenants shall restrict the further subdivision of the common open space. A planned residential development (PRD) shall be approved subject to the submission of a legal instrument or instruments setting forth a plan for the permanent preservation, care and maintenance of such common open space, recreational areas and other facilities owned in common by an organization established for such purposes. No such instrument shall be acceptable until approved by Borough Council, upon recommendation of the Township Solicitor, as to legal form and effect. In cases where the Borough will not be accepting dedications of streets, recreation areas or common open spaces, the developer shall create an organization or trust for ownership and maintenance of the common open space and common facilities.
C. 
Common open space maintenance. In the event that the organization established to own and maintain the common open space, or any successor thereto, shall at any time after establishment of the final development plan fail to maintain the common open space, including all streets, driveways and recreational facilities, in reasonable order and condition in accordance with the development plan granted final approval, the Borough may take remedial action to cause the common open space and common facilities to be properly maintained, as provided for in Section 705(f) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10705(f).
A. 
Along any perimeter property line separating triplexes, fourplexes, townhouses or garden apartments in a planned residential development (PRD) from single-family lots or undeveloped property outside the planned residential development (PRD) site located in the R-A, R-1, R-2 or R-3 District, a buffer area at least 25 feet in depth as measured from the property line shall be provided. Within this buffer area, one row of planting shall be established consisting of a mixture of 70% evergreen and 30% deciduous trees spaced within a row a minimum of 15 feet apart measured from the vertical center lines of adjacent trees.
B. 
Along any perimeter property line of the planned residential development (PRD) site adjoining property in the C-1 or I-1 District, a buffer area at least 35 feet in depth as measured from the property line shall be provided. Within this buffer area, two rows of planting shall be established consisting of a mixture of 70% evergreen and 30% deciduous trees spaced within a row a minimum of 15 feet apart measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner that results in adjacent trees in two different rows being no more than 10 feet apart measured from the vertical center lines of the trees.
C. 
Buffer areas shall not be required along public street rights-of-way.
D. 
No structures or uses, including but not limited to buildings, accessory structures, parking spaces, access driveways and lighting devices, shall be located in the required buffer area, except that fences, active or passive recreation facilities and stormwater management facilities may be located in the required buffer area, provided these structures or uses do not interfere with the spacing of plantings required in the buffer area and further provided that all plantings are located outside any stormwater management facility.
E. 
In the event that existing vegetation and/or existing topography provides screening that is adequate to meet the intent of the required buffer area, Borough Council, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth, specified by Borough Council to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
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[1] 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,[2] 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.
[2]
Editor's Note: See 53 P.S. §§ 10901 through 10918.
(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
(c) 
Deny tentative approval.
(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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 10508.