Application for tentative approval.
 

A. Applications for tentative approval shall conform to and contain the following:

(1) The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed.
(2) The density of land use to be allocated to parts of the site to be developed.
(3) The location, size and topography of the common open space and the form of organization proposed to own and maintain the common open space and/or cluster housing yards.
(4) The use and the approximate height, bulk and location of buildings and other structures.
(5) The feasibility of the proposals for water supply and for disposition of sanitary wastes.
(6) The feasibility of the proposal for the disposition of stormwater and erosion control, including proposed landscaping plans.
(7) The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
(8) The provision for parking of vehicles and the location and width of proposed streets and public ways.
(9) A contour map, prepared at a contour interval of two feet, showing the existing and proposed topography of the entire site.
(10) The required modifications in the land use regulations otherwise applicable to the subject property.
(11) The feasibility of proposals for energy conservation and use of renewable energy sources.
(12) In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed, and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
(13) All required permits from the DEP, the Pennsylvania Department of Labor and Industry, PennDOT and the Monroe County Conservation District.
 

B. The application for tentative approval shall be accompanied by 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 Township, and shall contain the following:

(1) An evaluation of the impact of proposed development upon the drainage and aquifer systems, including exhibits depicting existing streams, creeks, ponds, lakes, swamps, groundwater recharge areas, floodplains and areas of permanent or seasonal high-water tables and proposed modifications or alterations to such features or areas.
(2) An evaluation of the suitability of the soils present throughout the site for various components of community development, as applicable, for the proposed development, including sewage effluent disposal, sewage lagoons, homesite locations with basements, lawns and landscaping, streets and parking lots, and load-bearing capabilities, including exhibits prepared in accordance with procedures of the Soil Conservation Service.
(3) A compilation and analysis relative to the effect of the proposed planned residential development with respect to the impact upon existing and proposed public facilities, utilities and transportation systems, together with a compilation and analysis of the costs to the municipality and the projected revenue in comparison with the existing conditions and with conditions that could be anticipated were development to be by conventional methods. The report shall address and take cognizance of the Comprehensive Plan and of the Sewage Act 537 Feasibility Study of the Township and any other official plans for studies of the Township, indicating areas of departure from and areas of compatibility with such official plans.
(4) An evaluation of the economic feasibility of the proposed development, including a market analysis.

Public hearing.
 

A. Within 60 days after the filing of the application for tentative approval of the planned residential development, the Board of Supervisors shall hold a public hearing pursuant to public notice in the manner set forth in § 155-67: Hearings of this chapter, except that all references therein to the Zoning Hearing Board shall, for the purpose of this section, be references to the Board of Supervisors. The Chairman or, in his absence, the Acting Chairman of the Board of Supervisors may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
B. A verbatim record of the hearing shall be caused to be made by the Board of Supervisors whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for exclusion clearly noted in the record.
C. The Board of Supervisors may continue the hearing from time to time, and may refer the matter back to the planning agency for a report; 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.
D. The municipality may offer a mediation option prior to final approval for the governing body following the procedure under Article XIII: Zoning Hearing Board.

Findings.
 

A. The Board of Supervisors, within 60 days following the conclusion of the public hearing provided for in this article, shall, by official written communication to the landowner, either:

(1) Grant tentative approval of the development plan as submitted.
(2) Grant tentative approval subject to specified conditions not included in the development plans as submitted.
(3) Deny tentative approval to the development plan.

B. Failure to so 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 the Board of Supervisors, notify the Board of Supervisors of his refusal to accept all said conditions, in which case the Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
C. The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact 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 municipality.
(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, provide adequate control over vehicular traffic, 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 proposes 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.

D. In the event that a phased development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be submitted and the periods of time within which applications for final approval of each part hereof shall be filed. Except upon the 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 developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.

Status after tentative approval.
 

A. The official written communication provided for in this article shall be certified by the Secretary of the Board of Supervisors and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted in the 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 the issuance of any building permits. A development plan 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 or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided that an application or applications for final approval 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 Board of Supervisors, in writing, or in the event that the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary of the Board of Supervisors.