New Bloomfield City Zoning Code

Purpose. Before submission of an application for tentative approval, the applicant is strongly encouraged to have a meeting with the Bloomfield Borough Planning Commission, the Zoning Officer, the Borough Engineer, the Code Enforcement Officer, and such other personnel as may be necessary to determine the feasibility, suitability and timing of the application. The intent of this step is for the applicant to obtain information and guidance from municipal officials and staff before entering into any commitments or incurring substantial expenses with regard to the site and the PRD site plan preparation.

Scheduling. The request for a preapplication conference with the Planning Commission shall be made at least 15 days prior to the date of a regularly scheduled Planning Commission meeting.

Relationship to the formal review process. The submission of a preapplication conference request shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication conferences are intended to be advisory only and shall not bind Bloomfield Borough to approve any application for development.

Three copies of the application form, provided by Bloomfield Borough and completed by the applicant.

A fee for the application for tentative approval of a planned residential development in accordance with § 26-156 of this chapter.

Five copies of the following maps and information and additional information as required by the preliminary plan requirement of the Subdivision and Land Development Ordinance.[1]

Three copies of a community impact analysis: An analysis of the potential effects and impacts of the planned residential development upon the following community facilities will be required:

The Borough Secretary shall refer the application to the Borough Planning Commission, the Perry County Planning Commission, and the Borough Engineer for study and recommendation.

To the extent that the application is administratively complete and the applicant or their agent cooperates in answering all questions, the county and Borough planning agencies shall be required to report to the Borough Council within 30 days or forfeit the right to review.

The Borough Council shall hold a public hearing within 60 days after the filing of the application for tentative approval in the manner prescribed in § 26-170A(4) to (5) of this chapter for the enactment of an amendment to the Zoning Ordinance.

The Borough Council may continue the hearing from time to time; provided, however, that, in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing unless jointly agreed by the landowner and the governing body.

After a study of the application and within 60 days following the conclusion of the public hearing provided for in this Part or within 180 days after the date of filing of the application, whichever occurs first, the Borough Council shall make a written report by certified mail to the applicant.

Said report will grant tentative approval of the development plan as submitted, grant tentative approval subject to specified conditions not included in the development plan as submitted or deny tentative approval to the development plan. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted to the extent that the application proposes no greater development density or type of land use than as specified in the existing zoning district.

In those respects, in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Borough.

The extent to which the development plan departs from zoning and subdivision regulations 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.

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 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.

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services; on-site stormwater management, provide adequate control over vehicular traffic and parking; and further the amenities of light and air, recreation and visual enjoyment.

The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.

In the case of a development plan which proposed 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.

The time period within which an application for final approval 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 shall not be less than three months and, in the case of the phased development, not less than 12 months for applications for each part of the plan.

The official written communication shall be certified by the Secretary of the Borough and filed in his/her office. Where tentative approval has been granted, the same shall be noted on the Zoning Map. Tentative approval shall not qualify a plat of the planned residential development for recording, development or the issuance of any building permits. A plan which has received 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, revoked nor otherwise impaired by action of the Borough if the time periods for submission of final application specified in said written communication are being fulfilled without the consent of the applicant.

In the event tentative approval was granted, but prior to final approval, and applicant elects to abandon said plan and notifies the Borough Council in writing or fails to file for final approval within the specified times, the tentative approval shall be deemed to be revoked; and all the area in the development plan which has not received final approval shall be subject to the Zoning Ordinance as otherwise applicable thereto and the same shall be noted on the Zoning Map and in the records of the Secretary of the Borough.

Three copies of the application form as provided by Bloomfield and completed by the applicant.

Application fee and review fees for final approval of a planned residential development.

Five copies of maps and information as required by the Bloomfield Borough Subdivision and Land Development Ordinance.[1]

Two copies of final drawings including floor plans and elevations (but not including working drawings for buildings) for all structures and buildings, other than single-family detached dwellings, prepared by a professional engineer, including all proposed signs, all exterior illumination and all outside storage areas.

The final plat for the planned residential development shall contain those items approved in the application for tentative approval and shall meet all requirements and contain all enclosures specified for final plat approval in the Bloomfield Borough Subdivision and Land Development Ordinance. Proposed grading shall be shown at a contour interval of two feet.

Two copies of a development schedule showing:

Two copies - deed restriction proposals to preserve the character of the common areas. If the applicant elects the association or nonprofit corporation method of administering common areas, then the proposed bylaws of the association or the certificate of incorporation and the incorporated bylaws of the nonprofit corporation should be submitted. If the developer elects the condominium method of ownership of common areas, then the proposed declaration of condominium bylaws and related documents should be submitted.

Instruments dedicating all public and private rights-of-way, easements and other public lots shown on the final development plan from all persons having any interest in said lots. Two copies if separate from the final plat.

Improvement security. The developer shall guarantee the installation of the private and public improvements as specified in the final development plan by providing an improvements security in the amount of 110% of the estimated cost of construction of the private and public improvements.

Two copies - a title insurance policy or an attorney's certificate of title showing the status of the title to the site encompassed by the final development plan and all liens, encumbrances and defects, if any, in a form acceptable to the (municipality) Solicitor.

Two copies - tax receipts. Paid receipts from the taxing bodies indicating taxes have been paid in full up to and including the current period.

Two copies - evidence that a commitment from a responsible financial institution or entity has been issued to the developer for construction financing.

Unless otherwise specified in the official written communication granting tentative approval, the application for final approval of a planned residential development shall be submitted within six months after tentative approval, unless the governing body grants an extension upon written request of the applicant to a date not to exceed 18 months from the date of tentative approval. Phased planned residential developments, however, shall have applications for final approval made pursuant to the phase schedule set forth in the official written communication of the findings of the governing body with respect to tentative approval.

The Borough Secretary shall refer the application to the Borough Planning Commission, and the county planning agency, and the Borough Engineer for study and recommendation. To the extent that the application is administratively complete and the applicant or their agent cooperates in answering all questions, the county and Borough planning agencies shall be required to report to the Borough Council within 30 days or forfeit the right to review. A public hearing on an application for final approval of the development plan or part thereof shall not be required, provided the development or part thereof submitted for final approval is in compliance with the development conditions attached thereto.

The Bloomfield Borough Planning Commission shall, at its next regularly scheduled meeting after the filing of the application for final approval, examine the application and determine if the application meets the criteria and includes the items required by the previous subsection (regarding final approval) and if the application for final approval complies with the conditions of tentative approval, if any. The Bloomfield Borough Planning Commission shall forward its written report to the Bloomfield Borough Council, setting forth its findings and recommendations.

When the final application has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the Borough Council shall, within 45 days from the date of the regular meeting of the Borough Council or the Borough Planning Commission, whichever first reviews the application next following the date the application is filed, grant such development plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.

In the event the development plan as submitted contains variations from the development plan given tentative approval, Borough Council may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the Borough Council or the Borough Planning Commission, whichever first reviews the application next following the date the application is filed, 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; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed. In the event of such refusal, the applicant may either: refile his application without objected variations or request a public hearing on his application for final approval. Either action shall be taken within the time which the applicant was entitled to apply for final approval or within 30 additional days if the said time already passed when the applicant was advised of the denial. If no action is taken by the applicant, the plan is deemed to have been abandoned. If a public hearing is requested, it shall be conducted in the same manner prescribed for tentative approval; (NOTE: See Ch. 21.) but the written communication shall either grant or deny final approval while in the form and contain the findings required for an application for tentative approval.

Net development area shall be determined by subtracting the area set aside for religious, school or nonprofit purposes and enclosed common buildings or structures from the gross development area and then deducting 15% of the remainder for streets, regardless of the amount of land actually required for streets.

The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.

To the extent that the applicant wishes to achieve greater overall density than allowed in the existing zone, a request to rezone (NOTE: See § 26-170D of this chapter.) the entire PRD area to another zoning district, along with reasons why this would be advantageous to the community, shall accompany the original proposed development plan.

To provide greater development flexibility, no minimum or maximum number or percentage of dwelling type (single-family detached or attached dwellings, or multiple-family dwelling) is required, since the maximum dwellings per acre will necessitate open space as a design feature within the PRD.

EXAMPLE: in a ten-acre PRD in an R-3 District, with a 15% reserve for streets and no other reductions, 85% of the land would be the "net development area," so 10 gross acres x 85% = 8.5 net developable acres x 9 units/acre = 76.5 units = 76 total units maximum dwellings.

Setbacks as specified by zoning district and design standards, including, but not limited to separation distances, (see § 26-136 of this chapter), unless otherwise negotiated at the PRD outset or amendment.

Maximum lot coverage shall not exceed 40% of net developable land.

No principal building shall exceed 2 1/2 stories or 35 feet in height and no accessory structure shall exceed one story or 18 feet in height.

Off-street parking shall be provided in accordance with the minimum requirements set forth in § 26-127 of this chapter and shall adhere to Design Standards, § 26-136, of this chapter and may require buffers/screening in accordance with § 26-131 of this chapter. Layout and improvement of parking lots and garages shall also conform with this Part and other applicable ordinances.

Design, arrangement and improvement of streets and driveways shall conform with the ordinance regulating the subdivision of land. (NOTE: See Chapter 21.)

All units will have street frontage and will have access to the rear of each property, for maintenance or other needs, whether by individually deeded land or by designated rights-of-way across common ground or easements on conjoined properties.

Residential lots/parcels in a PRD shall not be subject to or qualify for further subdivision of land (other than lot additions), construction of additional principal structures beyond one principal structure per deeded lot, nor qualify for construction of conversion dwellings.

All lots for dwelling units will be deeded under individual ownership, and a mandatory Home owners' association (HOA), or comparable organization, with appropriate fees and bonding to provide for the support, maintenance and operation of land and streets (not otherwise dedicated to the municipality), and common facilities and grounds.

All land of the PRD will be part of the tax base of the local, county and state jurisdictions, with no part being specified as charitable or nonprofit unless otherwise agreed at the outset or amendment of the PRD (such as places of worship or schools). These declared uses and associated areas shall be deducted from available net development land for purposes of determining maximum permissible dwelling units.

Only those signs referring or relating to uses conducted on the premises shall be permitted. All signs shall be maintained in accordance with § 26-128 of this chapter.