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New Bloomfield City Zoning Code

PART 14

PLANNED RESIDENTIAL DEVELOPMENT

§ 26-151 Statement of intent.

[Ord. No. 368, 11/7/2023]
A. 
The intent of this Part (NOTE: See §§ 26-151 to 26-156 of this chapter.) is to provide, in the case of planned projects of multiple acres, an added degree of flexibility in the placement, bulk and interrelationship of the buildings and uses within the planned project and the implementation of new design concepts, while at the same time maintaining the overall intensity of use, density of population and amounts of light, air, access and open space as specified by this chapter (NOTE: See Ch. 21.) for the district in which the proposed project is to be located.
B. 
The housing type, minimum lot area, yard, height and accessory uses shall be determined by the requirements and procedure set out below, which shall prevail over conflicting requirements of this chapter or the regulations governing the subdivision of land. (NOTE: See Ch. 21.)

§ 26-152 PRD Procedure - Preapplication and Tentative Approval.

[Ord. No. 368, 11/7/2023]
A. 
Preapplication conference (optional).
(1) 
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.
(2) 
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.
(3) 
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.
B. 
Application content for tentative approval. An application for a permit authorizing a conditional use shall be made with the municipality. This application shall contain at least the following:
(1) 
Three copies of the application form, provided by Bloomfield Borough and completed by the applicant.
(2) 
A fee for the application for tentative approval of a planned residential development in accordance with § 26-156 of this chapter.
(3) 
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]
(a) 
A legal description of the property under consideration, which also shows the number of acres in the proposed planned residential development and the current zoning district(s).
(b) 
A vicinity map showing the location of the site in relation to the surrounding neighborhood.
(c) 
A fully dimensioned map of the land, including topographic information at a contour interval of not less than two feet, and denoting natural features such as wetlands, floodplains, and/or steep slope areas (in excess of 15% slope).
(d) 
A site plan showing the location of all existing and proposed principal and accessory buildings and structures, parking lots, buffer strips, plantings, streets, public ways and curb cuts.
(e) 
Proposed reservations for parks, parkways, playgrounds, school sites, communal parking lots, and other open spaces, with an indication of the form of organization proposed to own and maintain the common open space.
(f) 
Architectural sketches, at an appropriate scale, showing building height, bulk, and proposed use.
(g) 
The feasibility of proposals for the disposition of sanitary waste and stormwater.
(h) 
The substance of covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
(i) 
The required modifications in the land use regulations otherwise applicable to the subject property.
(j) 
A schedule showing the proposed times within which applications for final approval of all phases of the planned residential development are intended to be filed if the development plans call for development over a period of years. This schedule shall be updated annually on the anniversary of its approval until the development is completed and accepted.
(k) 
A written statement by the landowner setting forth the reasons why, in his opinion, a Planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Borough.
[1]
Editor's Note: See Ch. 21, Subdivision and Land Development.
(4) 
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:
(a) 
Transportation system;
(b) 
Water supply;
(c) 
Sewage disposal;
(d) 
Public utilities, such as electricity, gas, telephone, cable television;
(e) 
Solid waste disposal;
(f) 
Emergency services (i.e., police, fire, EMS);
(g) 
School facilities and school district budget;
(h) 
Recreation; and
(i) 
(Municipality) revenue and expenses.
C. 
Tentative approval procedure.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
D. 
Borough council report.
(1) 
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.
(2) 
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.
E. 
If tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written report, notify the Borough Council of his refusal to accept all said conditions. If the landowner does not, within said period, notify the Borough Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
F. 
The granting or denial of tentative approval by official written communication shall include conclusions and findings of fact related to the proposal and the reasons for the grant, with or without conditions, or the denial. Also contained in the communication shall be a statement of the respects in which the development plan is or is not in the public interest, including finding of facts and conclusions on the following:
(1) 
In those respects, in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Borough.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.
(6) 
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.
(7) 
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.
G. 
Tentative approval — supplemental information.
(1) 
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.
(2) 
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.

§ 26-153 PRD Procedure - Final approval.

[Ord. No. 368, 11/7/2023]
A. 
Application content for final approval. An application for final approval of a planned residential development shall include the following:
(1) 
Three copies of the application form as provided by Bloomfield and completed by the applicant.
(2) 
Application fee and review fees for final approval of a planned residential development.
(3) 
Five copies of maps and information as required by the Bloomfield Borough Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 21, Subdivision and Land Development.
(4) 
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.
(5) 
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.
(6) 
Two copies of a development schedule showing:
(a) 
The order of construction of the proposed phases delineated in the final development plan.
(b) 
The proposed date for the beginning of construction on said phases.
(c) 
The proposed date for the completion of construction on said phases.
(d) 
The proposed schedule for the construction and improvement of the common areas.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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.
(11) 
Two copies - tax receipts. Paid receipts from the taxing bodies indicating taxes have been paid in full up to and including the current period.
(12) 
Two copies - evidence that a commitment from a responsible financial institution or entity has been issued to the developer for construction financing.
B. 
Final approval procedure.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.

§ 26-154 PRD Procedure - Ongoing process and supplemental information.

[Ord. No. 368, 11/7/2023]
A. 
A development plan or any part thereof which has received final approval shall be certified by the Borough Council and filed within 90 days with the Perry County Recorder of Deeds. Should the plan not be recorded within such period, the prior approval of the PRD shall become null and void. No development shall take place until the plan has been recorded; and from that point of time, no modification of the provisions of said plan or part thereof as finally approved shall be made without the consent of the landowner.
B. 
In the event a plan or section thereof has been given final approval and the landowner decides to abandon said plan or section and shall so notify the Borough Council or shall fail to develop the plan according to the annually updated schedule, no development or further development shall take place on the property included in the plan until said property is resubdivided and reclassified by enactment of an amendment to the Bloomfield Borough Zoning Ordinance.
C. 
Any decision of the Borough Council under this Part (NOTE: §§ 26-151 to 26-156 of this chapter.) granting or denying tentative or final approval of a development plan shall be subject to appeal to court in the same manner and within the same time limitation provided for zoning appeals. (NOTE: See § 26-167D(5) of this chapter.)
D. 
Zoning permit. No zoning permit for structural alteration and erection of structures or for occupancy and use shall be issued until the final development plan has been approved and recorded. Upon proof of recording and certification of final approval by the governing body, a zoning permit shall be issued by the Zoning Officer.
E. 
Procedure for Approval of Amendments to planned residential developments after final approval and/or recording. Any amendment to a planned residential development submitted after final approval for recording which does not violate any of the conditions or requirements of the tentative approval or of the zoning district classification may be approved at an open meeting of the governing body after recommendation by the Planning Commission. Amendments involving substantive changes or modifications to conditions shall require a public hearing in the same manner as for an application for tentative approval of a planned residential development. Upon approval of the amendment, the recorded final development plan shall be amended and rerecorded to conform to the amendment.
F. 
Completion and acceptance of public improvements. Upon completion of the public improvements in a final development plan, the provisions of the municipality Subdivision and Land Development Ordinance (NOTE: See Chapter 21.) shall apply and govern the filing of as-built plans and the completion and acceptance of public improvements.
G. 
Release of improvement security. The release of the improvement security as required in previous sections of this Part shall be governed by the municipality Subdivision and Land Development Ordinance and the acceptance of public improvements and the required maintenance security shall be in accordance with the municipality Subdivision and Land Development Ordinance. (NOTE: See Chapter 21.)
H. 
Remedies to effect completion. The remedies available to the municipality to effect completion of public improvements shall be governed by the municipality Subdivision and Land Development Ordinance. (NOTE: See Chapter 21.)
I. 
Uniformity with the Subdivision and Land Development Ordinance. The provisions of the preceding sections are intended to make uniform the requirements of this Part and the Subdivision and Land Development Ordinance. (NOTE: See Chapter 21.) Whenever the cited provisions of the Subdivision and Land Development Ordinance are amended, those amendments shall be incorporated into this Part as of the effective date of the amendment.

§ 26-155 Planned development standards.

[Ord. No. 368, 11/7/2023]
A. 
Planned residential developments may be situated in any residential or agricultural zoning district. Permitted uses shall be restricted to residential dwellings and associated residential uses of the zoning district in which the PRD is located.
B. 
Dwelling units permitted. The maximum number of dwelling units permitted in a PRD is governed by dividing the net development area by the allowed dwellings per acre (NOTE: One acre contains 43, 560 square feet) of the zoning district.
Zoning District
Maximum Dwellings per net Acre
A-1
=
0.5
R-1
=
4.3
R-2
=
7.2
R-3
=
9.0
(1) 
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.
(2) 
The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.
(3) 
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.
(4) 
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.
C. 
Lot area and frontage. As a means to facilitate design flexibility, all approved PRDs may utilize the standards provide in Table 113.A.1 in § 26-113 of this chapter. Note, however that maximum density follows that of the underlying zone. (See Table 155.B.1)
D. 
Public water and sewer required. The developer shall connect to the municipal water and sewer systems at his/her expense. A payment to the Municipal Authority/Borough in sufficient amount to enable said Authority/Borough to expand the municipal facilities to accommodate the needs of the planned residential development shall be required as needed. Stormwater shall not be intentionally directed to the municipal sewage treatment system, but instead shall be designed to remain within the planned residential development using then current best practices.
E. 
Other requirements.
(1) 
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.
(2) 
Maximum lot coverage shall not exceed 40% of net developable land.
(3) 
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.
(4) 
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.
(5) 
Design, arrangement and improvement of streets and driveways shall conform with the ordinance regulating the subdivision of land. (NOTE: See Chapter 21.)
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
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.
(10) 
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.

§ 26-156 Fees and security.

[Ord. No. 368, 11/7/2023]
A. 
Cost for the authorization and implementation of a PRD process is the sole responsibility of the PRD applicant/landowner(s). In addition to fees described in Chapter 21, Subdivision and Land Development, Part 8, Fees, §§ 21-81 to 21-82, (filing, engineering, plat review), the applicant/landowner(s) shall reimburse the municipal authority for legal reviews of PRD submissions and periodic updates, as necessary.
B. 
Financial bonds or security will be required as a completion guarantee, in an amount equal to or greater than 110% of estimated costs, for any related infrastructure to be undertaken as part of proposed development. This security shall be established prior to PRD final approval (NOTE: See § 26-153A(a) of this chapter and § 21-46.) and shall remain in place until related undertakings are completed.
C. 
Security shall be reviewed once or more per year to determine adequacy and may be required to be increased or allowed to be decreased, upon the recommendation of the Borough Engineer, as project scope changes, new phases are initiated, or phased completion is achieved. (See § 21-46, Final Plats: Procedure.)

§ 26-157 PRD authorization before 2022 (Lakeside Development).

[Ord. No. 368, 11/7/2023]
Bloomfield Borough's first PRD began in the late 1980s as a four-phase project, then known as "Lakeside Development."
A. 
Then-current PRD standards were based on 10 acres or more of land from an A-1 (Agricultural) District with net development area rules as outlined in § 26-155 of this chapter. Total authorized dwellings were agreed with the developer based on the R-1 standards of 10,000 square feet minimum per lot, however the individual lot sizes could vary and no more than 20% of the dwellings could be designed for multiple families, which was then interpreted and built as duplex and townhome attached dwellings.
B. 
The process to rezone these residential areas from an A-1 District to residential district(s) to reflect the agreed and actual use of the permitted lots remained uncompleted and presented challenges in interpretation of zoning questions or applications. Thus, to clarify zoning use issues, Ordinance 358, 6/7/2022, rezones those then-agreed PRD areas as R-1 (NOTE: See § 26-29A of this chapter.) for the single-family detached dwellings on 10,000 square feet (or more) per lot (located on portions of Barnett and Apple Streets plus on Lakeside Drive; Timber Circle, and Locust Lane), and as R-3 (NOTE: See § 26-34 of this chapter.) for predominately single-family attached dwellings, comprised of duplexes and three-to-four-unit townhomes with varied smaller lots sizes (located on/facing Patio Court).