The requirements for approval of a planned residential development plan
under this article shall be an exception to and in lieu of the provisions
of the Subdivision and Land Development Ordinance, Ordinance No. 595. Failure
to comply with the provisions of this article with respect to an application
for approval of a planned residential development shall be deemed to constitute
a violation of this article.
A.
Application for tentative approval.
(1)
The application for tentative approval shall include
a preliminary development plan and other information as may be required by
this chapter. The application shall be submitted to the Borough with no less
than 10 copies of the plans, traffic studies, environmental impact statements
(EIS), stormwater drainage calculations, and any other special studies associated
with the development plan and shall be accompanied by the escrow deposit as
determined by the Pennsylvania Municipalities Planning Code.
(2)
The Planning Commission shall be the responsible review
agency for the Brookville Borough Council. All applications submitted for
approval (both tentative and final) will be acted on by the Brookville Borough
Council.
B.
Preapplication conferences. Each applicant shall confer
with the Brookville Borough Planning Commission in connection with the preparation
of the planned residential development application and before the submission
of such application. The purpose of preapplication conferences is to benefit
the applicant by providing information and guidance before the applicant shall
have entered into binding commitments or incurred any substantial expense
in the preparation of plans, surveys, and other data. The preliminary development
plan shall be an overall plan for the entire tract proposed for development
in the form of maps and written development narrative, setting forth the unique
design features and methods of open space preservation, and shall include:
(1)
A vicinity map at a scale of one inch equals 2,000 feet
showing enough of the surrounding area to demonstrate the relationship of
the development to adjoining uses.
(2)
The location, size and topography of the site and other
pertinent natural features, such as tree cover, existing gas, oil, and water
wells, landslide-prone areas, red clay soils and any type of mining activities.
(3)
The overall and net density of land use to be allocated
to the specific areas of the tract to be developed.
(4)
The location and size of the open space and the form
of organization proposed to own and maintain the open space.
(5)
The use and approximate height, bulk, and location of
the proposed development.
(6)
The feasibility of proposals for the disposal of sanitary
waste and stormwater and the approval of the servicing municipal authority.
(7)
The substance of covenants, grants, easements, or other
restrictions proposed to be imposed upon the use of land, buildings, and structures,
including proposed easements or rights-of-way for public utilities.
(8)
The provisions for the parking of vehicles and the location
on the width of proposed streets, alleys, and public ways.
(9)
The required modifications to land use regulations otherwise
applicable to the subject property.
(10)
In the case of a development plan that calls for the
development over a period of years (phases), a schedule showing the proposed
time frame within which each application for final approval of the entire
overall master plan of the planned residential development are intended to
be filed. This schedule must be updated annually on the anniversary of its
approval until the project is complete and recommended by the Planning Commission
and approved Borough Council.
(11)
The applicant shall submit for tentative approval of
a planned residential development a written statement by the landowner setting
forth the reasons why, in their opinion, a planned residential development
would be in the public interest and would be consistent with the Brookville
Borough Comprehensive Plan.
C.
Review of application for tentative approval.
(1)
The Brookville Borough Planning Commission shall forward
copies of the application for tentative approval to the Brookville Borough
Council, its selected professional consultants as deemed appropriate, the
engineer, and servicing municipal authority.
(2)
The Brookville Borough Council shall not approve the
application for tentative approval until the reports from each of the reviewers
and review agencies have been received or until the expiration of 45 days
from the date said reviewers and review agencies received the copies of the
application for tentative approval.
D.
Public hearing. The Brookville Borough Council shall
hold a public hearing following required public notice within 60 days of the
filing of a complete application for tentative approval.
E.
Criteria for tentative approval. The Brookville Borough
Council may grant tentative approval to a proposed development plan when it
is found to meet the following criteria:
(1)
The proposed planned residential development complies
with all applicable community development objectives.
(2)
The proposed planned residential development provides
standards varying from those in this article and the subdivision regulations
otherwise applicable to the subject property, but such departures are in the
best interest to promote the health, safety, and general welfare of the public.
(3)
The proposal and methods for the maintenance and conversion
of any proposed common open space are reliable, and the amount and extent
of improvements of the remaining land are appropriate with respect to the
purpose, use, and type of residential development proposed.
(4)
The physical design of the proposed development plan
adequately provides for internal traffic circulation, parking, light, air,
recreation, and conservation of natural amenities, greenways, and open spaces.
(5)
The tract of the planned residential development is harmonious
and consistent with the neighborhood in which it is located. The flexibility
of design innovation and unique treatment of the site is consistent with the
purpose of the zoning district and adjacent land uses.
(6)
The proposed planned residential development will afford
a greater degree of protection of natural resources and the Brookville Borough
Subdivision and Land Development Ordinance.
(7)
In the case of a planned residential development, which
proposes development over a period of years, the phased development schedule
is sufficient to protect the interests of the public and of the residents
of the planned residential development.
F.
Grant or denial of tentative approval. The Brookville
Borough Council shall render their decision no later than 60 days after the
conclusion of the public hearing.
(1)
The decision of the Brookville Borough Council shall
be in writing and shall be sent to the developer personally or delivered to
him them at his last known address no later than five days following the decision.
(3)
The grant or denial of tentative approval shall include
findings of fact related to the proposed development plan as submitted for
approval, and the reasons for the decision of denial shall set forth what
particular circumstances of the development plan would not be in the best
interests of the public, including but not limited to each of the criteria
listed in this article.
(4)
In the event that the development plan is granted tentative
approval with or without conditions, the Brookville Borough Council may set
forth in the official written communication time within which the 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 phase
thereof shall be filed. Except upon consent of the landowner, the time so
established between grant of tentative approval and an application for final
approval shall not be less than three months, and in the case of a development
planned over a period of years, the time between applications for final approval
of each part or phase of the plan shall not be less than 12 months.
(5)
In the event that tentative approval is not granted subject
to conditions and the landowner neither refuses to accept those conditions,
nor notifies the Brookville Borough Council of his refusal, tentative approval
with conditions shall stand as granted.
(6)
The Brookville Borough Council shall revoke the grant
of tentative approval if it is notified by the developer of his intention
to abandon the proposed development plan. The grant of tentative approval
shall be deemed revoked if the developer does not submit an application for
final approval within the time limits required by law.
A.
The official written communication provided for in this
article shall be certified by the Brookville Borough Secretary or Solicitor
and shall be filed in his or her office, and a certified copy shall be mailed
to the landowner. Where tentative approval is granted, it shall be deemed
an amendment to the Zoning Map effective on final approval, and the same shall
be noted on the Brookville Borough 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 issuance of any building permits. A development plan which
has been given tentative approval as submitted or which has been tentatively
approved with conditions which have been accepted by the landowner (and provided
that the landowner has not defaulted nor violated any of the conditions of
tentative approval) shall not be modified, revoked or otherwise impaired by
the actions of the Brookville Borough Council, provided that an application
for the final approval is filed, or, in the case of a development over the
course of years, provided that applications are filed within the periods of
time 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 so notify the Brookville
Borough Council in writing, or in the event the landowner shall fail to file
an application for final approval within the required time period of time,
the tentative approval shall be revoked and all the portion of the area included
in the development plan for which final approval has not been given shall
be subject to the ordinances otherwise applicable thereto as they may be amended
from time to time. The same shall be noted on the Brookville Borough Zoning
Map and in the records of the Borough.
A.
An application for final approval may be for all the
land in the proposed development plan, or to the extent set forth in the tentative
approval, for a section thereof. Said application shall be filed within the
time or times specified by the written communication following the grant of
tentative approval. The Brookville Borough Council may grant time extensions
upon written request from the applicant.
B.
The application for final approval shall include all
data required for final plan or plat approval as specified in the Subdivision
and Land Development Ordinance.
No development plan shall be given final approval unless a guarantee
that the required improvements will be installed by the landowner is given
to the Brookville Borough Council in the form of a performance bond, certified
irrevocable letter of credit, certificate of deposit, or escrow held in an
account that is equal to the amount of 110% of the cost of the improvements
that may be required. The Brookville Borough Engineer sets the bonding and
escrow amounts. Said guarantee shall provide for the secure public completion
of any or all proposed improvements for the phase submitted for approval within
the time period established from the date of final approval.
The Brookville Borough Planning Commission shall forward copies of the
applications for final approval to the Brookville Borough Council and the
Brookville Borough Engineer. The Brookville Borough Council shall not approve
the plans until comments from Brookville Borough Planning Commission and Engineer
each have been received or until the 45 days from the date of the copies of
the final application are filed.
A.
The Brookville Borough Council shall render its decision
and communicate it to the developer no later than 45 days from the date of
the Planning Commission meeting after which a complete application is filed.
B.
When a preliminary application for a proposed development
plan has been granted tentative approval, the applicant shall be entitled
to final approval in accordance with the terms of tentative approval.
C.
The Brookville Borough Council may deny approval of any
development plan which varies from the preliminary granted tentative approval.
The Brookville Borough Council must forward written notice of such denial
to the landowner within 45 days, setting forth the reasons that one or more
variations are not in the public interest.
D.
In the event of such denial, the landowner may do one
or more of the following:
(1)
Refile his application without the matters objected;
(2)
File a written request with the Brookville Borough Council
that it hold a public hearing on his application for final approval; or
(3)
In the event that the landowner shall fail to take either
of these options within 30 days or within the time specified to apply for
final approval, he shall be deemed to have abandoned the development plan.
The developer shall record the approved plan in the Jefferson County
Register and Recorder within 90 days of the date of final approval.
The approval of the development plan shall be revoked if the developer
gives notice of his intention to abandon the plan or if the developer fails
to complete the development within three years of the date of final approval
or, if the development is approved in phases, then three years from the date
of commencement of any phase. No further development shall take place on the
property included in the overall development plan unless a subsequent development
plan is approved and complies with the provisions of this article and the
Brookville Borough Subdivision and Land Development Ordinance, Ordinance No.
595.[1]
A.
Site requirements. The site for any planned residential
development plan shall meet the following requirements.
(1)
Ownership: The developer shall control the entire site
for the development.
(2)
Minimum size: The site shall not be less than five contiguous
acres.
(3)
Frontage: The minimum frontage abutting public rights-of-way
shall conform to Pennsylvania Department of Highway standards at the time
of submittal.
(4)
Access: The site must provide for direct access from
an arterial or collector street indicated on the development application for
tentative approval in order to assure the proper convenient and safe access
to the development plan without causing excessive congestion or pedestrian
or vehicular traffic hazards on adjacent streets and intersections.
(5)
Site safety: The site shall not be one that endangers
the environment or people.
(6)
Public utility service: The development complies with
any servicing water authority or company and the sanitary authority servicing
the site.
(7)
Permitted uses: A mixture of residential dwellings, recreational
facilities, open space, greenways, putting greens, swimming pools, and accessory
uses incidental to residential buildings, and small-scale neighborhood commercial
activities and personal service uses not exceeding 50% of the gross area of
the tract proposed for development may be permitted in a planned residential
development, provided that their arrangement, design, landscaping, pedestrian
circulation plan, construction and public utility requirements established
in this section are used for and by the owners, tenants, and guests only.
(8)
Permitted densities: The average overall density for
all residential units in the plan shall not exceed four units per acre for
the net buildable area; the area available for land development after rights-of-way,
easements, greenways, usable open spaces, etc. have been deducted from the
site's gross land mass development.
B.
Yard and open space requirements: There shall not be
any restrictions for lot size, lot width, yard setbacks, or percentage of
lot coverage except for the following.
(1)
Open space. No less than 20% shall be set aside for open
space. The open space may not include:
(a)
Detention or retention ponds.
(b)
Riparian buffers.
(c)
Slide-prone areas.
(d)
Slopes in excess of 25%.
(e)
Agricultural lands.
(f)
Roads.
(g)
Clubhouses.
(h)
Tennis courts.
(i)
Basketball courts.
(j)
Intense recreational areas.
(k)
Driveways.
(l)
Sidewalks; and
(m)
Any other impervious surfaces.
(2)
Open space reservation. Open space created by the application
of the provisions of this article are required to be dedicated or otherwise
preserved and maintained so as to always remain open. The land used for active
and passive recreation must be acceptable according to the following provisions:
(a)
The land and/or facilities shall be deeded to an organization
representing the property owners of the development. The organization shall
covenant to operate and maintain the land and/or facilities;
(b)
The land shall be deeded to the abutting property owners
as tenancy in common; and/or
(c)
The land shall be dedicated to park and recreational
use.
(3)
Minimum building setback: No structure shall be located
closer than the setback requirement applicable to the immediately abutting
zoning district.
(4)
Building grouping:
(a)
Each building used for multifamily dwellings and their
accessory use buildings shall be oriented in such a manner as to ensure proper
air, light, and exposure for walls with windows.
(b)
Each building shall be so arranged to avoid unnecessary
exposure to large-scale parking and loading facilities and shall be so situated
that there is privacy between buildings and audible privacy (noise) to and
from adjacent lots. Any building used as a dwelling unit shall be sited so
emergency vehicles can access it.
(c)
No multifamily structure shall be located closer than
25 feet from any other structure in the development unless deemed advisable
by the Brookville Borough Council when the plan receives tentative approval.
(5)
Minimum building spacing: No structure shall be located
closer than 25 feet from any other structure in the development.
(6)
Homeowners' associations:
(a)
Open spaces between buildings, including those used for
recreation, shall be protected by adequate covenants running with the land
as the Brookville Borough Council may specify.
(b)
In cases where the Brookville Borough Council specifies
that the municipality is not accepting open spaces including those used for
recreation and stormwater detention and areas between buildings, the landowner
shall provide an organization, homeowners' association or trust for such
maintenance. Before disposing of any of the property owned by the homeowners'
association or trust, the association must first be offered the opportunity
to take the property in question by dedication before it is sold or transferred
to a like agency.
(c)
In the event the organization established to own and
maintain the commonly owned property fails to do so, Brookville Borough may
serve written notice upon such organization or upon the residents of the planned
residential development setting forth the deficiencies and requiring compliance
within 45 days. A date and place for a hearing to be held within 14 days of
the receipt of the notice of violation shall be included.
(d)
If the deficiencies are not corrected within the specified
time frame, in order to maintain the value of the property within the planned
residential development, the Borough may maintain the commonly owned area
for one year. If within the year and following a public hearing Brookville
Borough determines that the organization or a new organization is capable
and ready to assume the maintenance of the commonly owned areas, maintenance
will stop within six months of the year established for the Borough to maintain
the area(s).
(e)
Maintenance costs borne by the developer shall be assessed
and applied against the properties within the planned residential development.
(7)
Roads and parking: Access to any planned residential development shall be provided by an arterial or collector street as identified in the Brookville Borough Comprehensive Plan. The dimensions and construction of alleys, bikeways, roads, streets and parking areas provided within the planned residential development will comply with the standards of Brookville Borough at the time the application is approved whether the areas are dedicated to the Borough or not. If a developer can justify that the density of the development and the flow of its traffic, pedestrian, and bikeways do not conform to such requirements, the Brookville Borough Council may allow for lesser standards, which shall not be contrary to the community goals and objectives of Article I, Section 104 of the Brookville Borough Comprehensive Plan. Every single-family dwelling unit is required to have access to a street or public rights-of-way.
(8)
Height limitations: All structures located within the
planned residential development shall not exceed 35 feet in height measured
from the finished first floor elevation and the highest peak of the roof.
(9)
Maximum building size: No residential multifamily dwelling
unit shall contain more than 16 dwelling units. No building shall have a greater
depth of more than 200 feet.
(10)
Phased development: In no instance shall the density
(dwelling units per acre) of any phase of the development exceed the allowable
net density as permitted by this article within the zoning district(s) as
established by this chapter.
To ensure the integrity of the development plan and guarantee that modifications
in the plan do not have an adverse impact on the environment or its residents,
the enforcement and modification of the development plan as finally approved,
where those are recorded by plat, covenant, easement or otherwise legally
permissible, shall be subject to the following provisions.
A.
Provisions in favor of the Borough. All provisions of
the development plan relating to the use, bulk, and location of buildings
and structures, the quality and location of common open space, except as otherwise
provided in this article, and the intensity of the use of residential units
shall be interpreted to be in favor of the Borough. In addition, as provided
by law, these provisions shall be enforceable by law or in equity without
limitation on any powers of regulation otherwise granted by law.
B.
Provisions in favor of residents. All provisions of the
development plan shall be interpreted in favor of the residents of the planned
residential development but only to the extent expressly provided in the development
plan. Furthermore, these provisions, whether recorded by plat, covenant, easement
or otherwise legally permissible, may be enforced at law or in equity by said
residents acting individually, jointly, or through an organization designated
in the development plan to act on their behalf. No provisions of the development
plan shall be implied to exist in favor of the residents of the planned residential
development except as to those portions of the development plan which have
been finally approved and recorded.
C.
Release of rights: Residents of the planned residential
development may, to the extent and in the manner expressly authorized by the
provisions of the development plan, modify, move, or release their rights
to enforce the provisions of the development plan, but no such action shall
affect the right of the Borough to enforce the provisions of the development
plan in accordance with the provisions of this article.
