Allentown City Zoning Code
§ 28-5.3
Effect of Preliminary Approval.
[Added 4-20-2021 by Ord. No. 03-2021]
Preliminary approval of a major subdivision or of a site plan shall, except as provided in paragraph d. of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval which date is herein defined as the date that the approval resolution with or without conditions, is adopted by the Planning Board.
a.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
b.
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
c.
That the applicant may apply for and the Planning Board may grant extensions of such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
d.
In the case of a subdivision of, or site plan for, an area of 50 acres or more, the Planning Board may grant the rights referred to in paragraphs a, b and c above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible under preliminary approval,
2.
Economic conditions, and
3.
The comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under preliminary approval, and
(b)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, and
(c)
Economic conditions, and
(d)
The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
Applicants seeking extensions of preliminary approval in accordance with paragraph d. above shall submit to the Planning Board written and oral testimony, with supporting documentation, justifying the request for the initial extension or any further extensions to preliminary approval. Such extensions shall not be granted by the Planning Board without good cause being shown by the developer at a public hearing where all written and oral testimony is made part of the public record. The applications must be filed by the developer prior to the expiration of the term that is sought to be extended for the Planning Board to have jurisdiction. |