Township of Robinson, PA Article VI Planned Residential Developments

§ 300-53 General provisions.

A. Nature. A planned residential development (PRD) is an area of land controlled by a landowner to be developed as a single entity for a number of dwelling units or a combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk or type of dwelling unit, or use, density or intensity, lot coverage and required open space to the regulations otherwise applicable in the zoning district in which it is located.

B. Purpose. The purposes for permitting the PRD option as set forth in the Pennsylvania Municipalities Planning Code, § 701, are hereby made a part of this chapter.[1]

[1] Editor's Note: See 53 P.S. § 10701.

C. Exceptions. The PRD provisions herein for the approval of a development plan shall be an exception to and in lieu of the procedures and provisions in the zoning regulations herein and the regulations of Robinson Township Subdivision and Land Development Ordinance (Chapter 250), except where specifically noted. Failure to comply with the provisions of this section shall constitute a violation of this chapter.

D. Municipalities Planning Code (MPC) and Township Planning Code. The provisions and language of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended)[2] shall be considered effective in this section, and any proposed developments must comply with the current provisions thereof. In the event of conflict between provisions herein stated and the MPC, the MPC shall govern. All requirements for any zoning district in which a PRD is permitted are incorporated into this Article VI, except where such regulation is expressly provided for in Article VI. In the event of a conflict, the express provisions of Article VI shall govern.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

E. Administration. The PRD provisions and application shall first be reviewed by the Planning Commission and, following recommendation by the Planning Commission, shall be approved or disapproved by the Board of Commissioners.

§ 300-54 Development standards.

A. Eligibility. The site for any planned residential development shall meet all of the following requirements:

(1) The entire site for the development shall be owned or controlled by the developer.

(2) A PRD shall only be located on sites in which both the base zoning district and mobility overlay district a PRD. No PRD shall be permitted outside of a mobility overlay district, nor permitted within areas of a mobility overlay district in which the base zoning district does not allow a PRD.

(3) The site shall be at least 10 contiguous acres.

(4) The site must provide for direct access to and from an opened public road without causing undue congestion or hazard on local streets.

B. Permitted uses. The following uses may be permitted in a PRD, provided their design, arrangement, landscaping and construction meet the requirements set forth in this chapter.

(1) R-2 Districts (in conjunction with MOD - A, MOD - B, and/or MOD - C).

(a) Single-family dwellings.

(b) Common open space and recreational facilities such as tot-lots, play fields, pools, tennis and game courts and other similar facilities.

(c) Residential accessory uses.

(2) R-4 and C-3 Districts (in conjunction with MOD - A, MOD - B, and/or MOD - C):

(a) Single-family dwellings.

(b) Two-family dwellings.

(c) Townhouse dwellings.

(d) Multiple-family dwellings.

(e) Common open space and recreational facilities such as tot-lots, play fields, pools, tennis and game courts and other similar uses.

(f) Ancillary commercial uses, provided:

[1] Said uses are designed to serve primarily the residents of the development.

[2] Said uses are limited to retail business, convenience or shoppers retail, service business, business or personal service.

[3] Said commercial uses do not exceed 10% of the total site area.

[4] Said uses have access to a suitable access street.

[5] Said uses are not constructed until 50% or more of the dwellings are completed or under construction.

C. Density of development. The maximum number of dwelling units per acre perimeter in a PRD shall be as follows:

		R-2	R-4	C-3
	Single-family dwellings	1.7	3.0	3.0
	Two-family dwellings	N/A	2.5	2.5
	Townhouse dwellings	N/A	5	5.0
	Multiple-family garden apartment dwellings	N/A	10	10.0
	Multiple-family low-rise apartment dwellings	N/A	16	16.0

D. Setback and lot coverage requirements. No development plan shall be approved unless the following requirements for yards are met:

(1) No structure used for dwelling purposes or for ancillary commercial uses shall be located closer to any boundary of the site than 50 feet. Any structure exceeding 35 feet in height shall be set back from the site boundary one additional foot for every foot of height exceeding 35 feet. No accessory structure/use or off-street parking area shall be located in this required setback area.

(2) At least 50% of the depth of the required building setback area shall be maintained as a buffer area in accordance with § 300-72 of this chapter.

(3) The total lot coverage of structures for dwelling purposes shall not exceed 25% of the total site area.

E. Building spacing. Every townhouse dwelling, multiple-family garden apartment dwelling and other multiple-family dwelling structure shall be separated by not less than 50 feet from any other structure on the site. Buildings over three stories shall maintain an additional separation of 10 feet for every story over the fifth story.

F. Yard setbacks.

(1) Front yard setback from internal streets. Every structure within a PRD shall maintain the following minimum front yard setbacks from internal streets which are internal to the PRD site:

(a) Single-family and two-family: 35 feet.

(b) Townhouse dwellings: 30 feet.

(c) Multiple-family garden apartment dwelling, multiple-family low-rise and high-rise apartment dwelling buildings: 40 feet plus three feet for every story over the fourth.

(2) Side yard and rear yard setbacks. Every structure within a PRD shall conform to the underlying zoning district's side yard and rear yard requirements.

G. Maximum size of structure.

(1) No structure shall have a maximum dimension greater than 200 feet.

(2) No structure shall exceed the height requirements for the zoning district in which it is located.

(3) Height requirement exceptions contained in § 300-35 of this chapter shall apply.

H. Building groupings. Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities and provide adequate access for fire and emergency vehicles to all sides of a building.

I. Off-street parking and loading. Off-street parking and loading spaces shall be provided in compliance with the regulations in § 300-79 and § 300-80 of this chapter.

J. Construction of streets and parking areas. The construction of roads, parking areas and pedestrian ways, whether or not they are to be dedicated to Robinson Township, shall conform to all applicable Township ordinances. However, the Board of Commissioners may waive or modify certain standards where it finds that such specifications are not consistent with the PRD site or overall design and that such waivers or modifications are not inconsistent with the interests of the entire Township. All waivers or modifications shall be set forth in writing with the reasons for granting said waivers or modifications and shall be filed with the final PRD plan.

K. Environmental protection standards. The PRD shall comply with the applicable requirements for floodplain districts, airport zoning, steep slope/landslide-prone soils/fill areas and stormwater management contained in § 300-59 to § 300-62 of this chapter or the requirements of the underlying zoning district, whichever is more restrictive.

L. Common open space, improvements and facilities.

(1) Common open space and recreation areas. Not less than 15% of the total site area shall be set aside for common open space, as defined by this article, and not less than 50% of the common open space shall be developed for recreational use by the residents of the PRD with such facilities as play fields, pools, tennis and game courts, picnic areas, walking or riding trails or similar facilities. The applicant shall submit a recreation plan, which shall include a narrative addressing the anticipated recreational needs of the plan's residents. The type and size of the recreational facilities shall be sufficient to accommodate the anticipated needs of the residents. The narrative shall also address the impact of the PRD on the existing recreational facilities and parks located within Robinson Township. The applicant shall demonstrate that the proposed PRD shall not have a negative impact upon Robinson Township's existing recreational facilities and parks.

(2) Common open space shall be appropriate to the scale and character of the development, considering its size, density, anticipated population, topography and types of dwelling unit, and shall be maintained so as to always be open and available for the occupants of the PRD.

(3) Recreation areas shall be suitably improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. Any structures or improvements which are added shall conserve and enhance the amenities of the open spaces and be related properly to their topography and natural condition.

(4) All common open space and recreation areas must be conveyed in one of the following ways, as approved by the Board of Commissioners:

(a) In part or totally to Robinson Township; or

(b) In part or totally to an organization for ownership and maintenance according to applicable state statutes.

(5) Robinson Township shall not be obligated to accept dedication to Robinson Township of common open space or any portion thereof where the Board of Commissioners determines that such dedication is not in the interest of Robinson Township.

(6) Any portion of the site not devoted to buildings, yards or common open space shall be landscaped in accordance with § 300-71 of this chapter.

M. Maintenance of common open space and facilities.

(1) In cases where Robinson Township will not be accepting dedications of streets, sidewalks, utilities, drainage facilities, recreation areas or open spaces, or other common areas, the landowner shall provide for an organization or trust for ownership and continuing maintenance.

(2) The owner shall submit a plan describing the proposed organization, its powers, rights, duties, responsibilities in regard to the ownership and continuing maintenance of common facilities and open space. This plan must be approved by the Board of Commissioners prior to approval of the final PRD application.

(3) Such organization or trust shall not be dissolved, nor shall it dispose of any common facilities or open space in any manner whatsoever except to another organization or trust established to maintain such common areas. However, common facilities or areas may be dedicated to Robinson Township at a later date, subject to the approval by the Board of Commissioners.

(4) In the event of default of ownership and/or maintenance responsibilities by the established organization, Robinson Township may assume control, and the resulting costs may be assessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes. It shall be prima facie evidence of default where no organization or trust has been set up or is inoperative for one year. The recorded plan of lots shall contain a statement to this effect. Also, the landowner shall record in the Recorder's Office of Allegheny County an agreement between the landowner and Robinson Township to this effect so that future owners are properly advised of this condition.

(5) Whether common facilities and open spaces are to be owned by the PRD organization or trust or to be dedicated to Robinson Township, the landowner shall be required to post financial to guarantee the structural integrity and functioning of such common areas. Such financial shall be in accordance with the Pennsylvania Municipalities Planning Code for guaranteeing improvements for subdivisions and land developments. The term for the shall be 18 months from the date of acceptance of ownership and shall be equal to 15% of the actual cost of installation of the improvements, facilities and open spaces, or as otherwise required by the Planning Code.

N. Phased developments.

(1) If the PRD is to be constructed in phases, a phasing plan and time schedule shall be submitted and approved by the Commissioners with the tentative application.

(2) In a PRD that is to be constructed in phases, the cumulatively constructed development at any time shall comply with the requirements for number of dwellings and amount of undisturbed open space as specified in this section. However, the Board of Commissioners may permit a greater concentration of density of land use within some section or sections of the development whether in earlier or later phases. The approval of such greater concentration of density of land use for any section to be developed shall be offset by a smaller concentration in any completed prior phase or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of Robinson Township, provided that such reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed, so that flexibility of development, which is a prime objective of these PRD regulations, can be maintained.

§ 300-55 Tentative application and review procedure.

A. Application content.

(1) The tentative application shall include a location map, site studies, proposed development plan, and engineering reports listed below. The application shall be submitted to the Zoning Officer with not less than 12 copies, and shall be accompanied by the required fees. The review period for the application shall not begin until all items are submitted as required by this section.

(2) The plans and studies submitted for the tentative application shall be prepared by a registered professional engineer, architect or landscape architect, and shall be based on a property survey which must be certified by a registered surveyor.

(3) The location map shall indicate the entire Township showing North direction, all public roads, property lines as appropriate, watercourses and adjacent municipalities, with the boundaries of the subject property clearly marked.

(4) The site studies shall include the following:

(a) Property map: minimum scale one inch equals 100 feet, indicating subject site and all abutting properties within 500 feet of subject property along with the names of all such property owners of record.

(b) Zoning Map: minimum scale one inch equals 100 feet, similar to Subsection A(4)(a) above, but including the zoning classification of all properties indicated on the property map.

(c) Topography map: minimum scale one inch equals 100 feet, with information shown on Subsection A(4)(a) above and indicating topography as would appear on the United States Geodetic Survey, indicating all improvements thereon, including, but not limited to, buildings existing on any properties thereon, existing natural features, floodplains, etc.

(d) Soil classification map: minimum scale one inch equals 100 feet, identifying soils and listing the limiting factors of applicable soils, including data on past or future mining activity.

(e) Traffic impact report, as required by Robinson Township Subdivision and Land Development Ordinance (Chapter 250), shall be submitted as part of the PRD application. A plan for satisfactorily resolving any identified problems shall be required before the application can be approved.

(f) Stormwater management and erosion and sedimentation plans along with supporting engineering reports and calculations, prepared in accordance with § 300-62 of this chapter. The erosion and sedimentation plan shall be approved by the Allegheny County Conservation District.

(5) The proposed development plan shall comprise such maps at a scale no smaller than one inch equals 100 feet and data needed to clearly show the following:

(a) The name of the proposed development and names and addresses of the developer and the persons who prepared the plan.

(b) Existing and proposed contour lines at two-foot intervals where the average slope is 10% or less and at five-foot intervals where the average slope exceeds 10%.

(c) The proposed street pattern, including the names, paving widths, and rights-of-way of all streets, and the widths and locations of easements.

(d) Existing and proposed utilities, including location of stormwater management facilities.

(e) The layout of lots or parcels, where appropriate, including dimensions, number and building lines.

(f) The location, use, height, bulk and number of dwelling units or use for every structure proposed, including density calculations in number of dwelling units to be allocated to various parts of the site.

(g) The location of all off-street parking and loading spaces and the total number of spaces to be provided.

(h) The location, size and kind of improvements proposed for all common open space and recreation facilities, together with proposed ownership and maintenance arrangements for such open space.

(i) The location and design for all proposed landscaping, buffer areas and screening, showing the height/type of materials.

(j) The location and width of walks, sidewalks and trails, and the use of trails where they are not limited to pedestrian use.

(6) A description of the substance of any proposed covenants, grants, easements or other restrictions proposed.

(7) A statement identifying the extent to which the proposed development plan varies from zoning and other regulations otherwise applicable to the subject property.

(8) Where development is to be phased over a period of years, a schedule showing proposed times for the filing of applications for final approval for each phase of the proposed development plan.

(9) A written statement by the applicant setting forth why the PRD would be in the public interest and consistent with Robinson Township's Comprehensive Plan and development policies.

B. Tentative application review.

(1) The Zoning Officer shall forward one copy each of the tentative application to the Planning Commission, to the Engineer, the Municipal Authority, the County Planning Commission, the County Health Department, if necessary, and any other designated agencies.

(2) The public hearing on the application shall not be scheduled until reports from each of these agencies have been received or until the expiration of 45 days from the date the copies of the application were forwarded to said agencies.

C. Public hearing.

(1) The Board of Commissioners shall hold a public hearing as required by law within 60 days of the filing of the complete tentative application. The Board of Commissioners shall conduct the public hearing in accordance with the requirements of § 908 of the Pennsylvania Municipalities Planning Code and all references in that section to "Zoning Hearing Board" shall apply to the Board of Commissioners.

(2) The Board of Commissioners shall keep a stenographic record of the hearing proceedings. The appearance fee for the stenographer shall be shared equally by the applicant and Robinson Township. The cost of the original transcript shall be paid by Robinson Township, and the cost of additional copies shall be paid by the party requesting such copies.

(3) The Board of Commissioners may continue the hearing from time to time and may refer the matter back to Robinson Township Planning Commission for a report; provided, however, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

D. Criteria for tentative approval. The Commissioners shall give tentative approval to a proposed development plan if, and only if, it is found to meet the following criteria:

(1) The proposed application complies with all standards and conditions of this chapter, preserves the community development objectives of this chapter, and is found by the Commissioners to be consistent with the Comprehensive Plan.

(2) Where the proposed development plan departs from zoning and subdivision ordinances otherwise applicable to the subject property, such departures are in the public interest and promote the health, safety and general welfare of the public.

(3) The proposals for the maintenance and conservation of the proposed common open space are reliable, and the amount and extent of improvements of such open space is adequate with respect to the purpose, use and type of residential development proposed.

(4) The physical design of the proposed development adequately provides for public services, traffic facilities and parking, light, air, recreation, visual enjoyment, internal PRD circulation (vehicular and pedestrian) and ingress and egress to and from the site.

(5) The proposed PRD, as an entire development, will be harmoniously and beneficially related to the neighborhood in which it is located.

(6) The proposed development will afford a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment and the prevention of erosion, landslides, siltation and flooding than if the subject property were developed in accordance with the provisions of the zoning and subdivision ordinances which otherwise apply.

(7) In the case of an application which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

E. Grant or denial of tentative approval.

(1) The Commissioners shall render their decision not later than 60 days after the conclusion of the public hearing.

(2) The decision of the Commissioners shall be in writing and shall be given to the applicant personally or mailed to the last known address not later than five days following the decision. The official written communication shall be certified by the Robinson Township Secretary and shall be kept on file in the office of the Robinson Township Secretary, and a certified copy shall be mailed to the landowner.

(3) Failure of the Commissioners to render a decision and to communicate it to the applicant in the time and in the manner required shall be deemed an approval of the application and terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation or of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation and communication shall have like effect.

(4) The Commissioners shall either:

(a) Grant tentative approval of the tentative application as submitted;

(b) Grant tentative approval subject to specified conditions not included in the application as submitted; or

(c) Deny approval of the application.

(5) The grant or denial of tentative approval shall include findings of fact and conclusions related to the proposed development plan as submitted for approval, and the reasons for the decisions shall be set forth with particularity in what respect the proposed development would or would not be in the public interest, including, but not limited to, each of the above criteria and the purposes of Subsection D above.

(6) In the event an application is granted tentative approval, with or without conditions, the Commissioners may set forth in official written communication the time within which an application for final approval of the planned residential development shall be filed or, in the case of a 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 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 development over a period of years, the time between applications for final approval of each phase of a plan shall not be less than 12 months.

(7) If the applicant chooses to reject any conditions attached to the grant of tentative approval, he may void such tentative approval by notifying the Commissioners within 30 days of receipt of the official written communication from the Commissioners. If the applicant fails to notify the Commissioners within the required period, tentative approval with all conditions shall stand as granted.

(8) The grant of tentative approval may be revoked by the Commissioners if they are notified by the applicant of an intention to abandon the proposed development plan. The grant of tentative approval shall be deemed to be revoked if the applicant does not submit an application for final approval within the time limits required by this chapter.

§ 300-56 Final application and review procedures.

A. Application for final approval of each phase shall be filed with Robinson Township no later than 12 months following the grant of tentative approval, unless otherwise specified by the Commissioners.

B. The application shall comprise one reproducible copy and 12 prints of the development plan for the phase, including a land development plan and supplementary data, a certificate of completion of improvements or a guarantee that the improvements will be installed as required by this chapter and the Pennsylvania Municipalities Planning Code, and evidence of all necessary prior governmental approvals. No application will be accepted for final approval until all items are complete as required by this section.

(1) Land development plan. The land development plan shall include:

(a) All data required for a final plat as specified in Robinson Township Subdivision Ordinance (Chapter 250).

(b) Accurately dimensioned locations of all proposed structures, parking areas and common open spaces.

(c) The type and number of dwelling units or uses in each structure.

(d) A landscaping plan showing the location and treatment of all portions of the site not covered with the buildings, including the location of sidewalks, trails, buffer areas, fencing or screening, and final grades.

(e) Final contours shown as required by § 300-55A(5)(b).

(2) Engineering and supplementary data. Engineering reports and supplementary data shall be submitted which include:

(a) Final erosion and sedimentation plan, approved by the Allegheny County Conservation District.

(b) Profiles, cross sections and specifications for proposed street improvements.

(c) Profiles, design standards and other explanatory data concerning installation of water distribution systems, stormwater management, drainage facilities and sanitary sewerage facilities.

(d) A report from the appropriate public agencies indicating adequacy and ability to connect with the existing public sewage and water systems.

(e) If sewage treatment and/or water distribution is not to be provided by a public system, then the proposed alternative method of treatment/supply shall be approved by the Allegheny County Health Department and the Pennsylvania Department of Environmental Protection; copies of the approved permits shall be submitted with the application.

(f) Any covenants, grants of easements or other restrictions to be imposed on the use of land and structures.

(g) Legal agreements providing for the maintenance, ownership and operation of all common open spaces and facilities, including, but not limited to, parking areas, sewers and waterlines, streets, drainage facilities and recreation areas.

C. Improvements. No development plan shall be approved finally unless all improvements required by this section have been installed in strict conformance with this chapter. In lieu of completion of the improvement, the applicant may provide a financial security in the form of a bond or escrow of funds or other financial security which is acceptable to the Commissioners and in conformance with the Pennsylvania Municipalities Planning Code. Such financial security shall be equal to 110% of the cost of the improvements and shall provide for and secure to the public the completion of all required improvements within a period of one year of the date fixed for their completion in the final PRD.

D. Final review. One copy of the application for final approval shall be forwarded to each member of Robinson Township Planning Commission, Robinson Township Engineer, the County Planning Commission, the County Health Department and other designated agencies. The Commissioners shall not approve the final application until the reports from each of these agencies have been received or until the expiration of 30 days from the date the copies of the final application were forwarded to said agencies.

E. Grant or denial of final approval.

(1) The Commissioners shall render their decision and communicate it in writing to the applicant no later than 45 days after the complete application is filed.

(2) When the final application conforms to the terms of the tentative approval, the applicant shall be entitled to final approval.

(3) The Commissioners may deny approval of any final application which varies from the plan granted tentative approval. The Commissioners shall forward the written notice of such denial to the applicant within 45 days, setting forth the reasons that one or more variations are not in the public interest.

(4) In the event of such denial, the applicant may either:

(a) Refile the application for final approval without the variations to which the Commissioners object; or

(b) File a written request with the Board of Commissioners that it hold a public hearing on the application for final approval.

(c) If the applicant wishes to take either such action, he may do so at any time within which an application for final approval may be filed or within 30 additional days if the time for applying for final approval has already lapsed at the time that the landowner was advised that the development plan was not in substantial compliance. In the event the developer shall fail to take either of these alternative actions within said time, the development application shall be deemed to have been abandoned.

(5) The public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the applicant, and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Commissioners shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the application shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this chapter.

F. Recording. The applicant shall record the approved plan in the office of the County Recorder of Deeds within 90 days of the final approval. No development shall take place prior to recording.

G. Revocation. The final approval of the application shall be revoked if the applicant gives notice of an intention to abandon the plan or if the applicant fails to commence work within one year of final approval and to complete the work within five years from the date of tentative approval. In such event, no further development shall take place on the property included in such development plan unless a subsequent development plan is approved or such development complies with the otherwise applicable provisions of Robinson Township zoning and subdivision ordinances.

§ 300-57 Mediation.

The Board of Commissioners may offer a mediation option as an aid in completing proceedings authorized by this article prior to final approval of a PRD application. In exercising such an option, Robinson Township and the mediating parties shall meet the stipulations and follow the procedures set forth in § 300-27G of this chapter.

§ 300-58 Enforcement.

A. Enforcement and modification of provisions of the plan. To ensure the integrity of the development plan and to guarantee that any modifications in the final approved plan do not adversely affect the public interest, the enforcement and modifications of the development plan as finally approved, whether they are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:

(1) Provisions in favor of municipality. The provisions of the development plan relating to: a) the use, bulk, and location of buildings and structures; b) the quantity and location of common open space, except as otherwise provided in this chapter; and c) the intensity of use or the density of residential units, shall run in favor of Robinson Township. As provided by law, these provisions shall be enforceable in law or in equity by Robinson Township without limitation on any powers of regulation otherwise granted Robinson Township by law.

(2) Provisions in favor of residents. All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and to the extent that these provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or 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 residents of the planned residential development except as to those portions of the development plan which have received final plan approval and have been recorded.

(3) Modifications. All those provisions of the development plan authorized to be enforced by Robinson Township under this section may be modified, removed or released by Robinson Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:

(a) No such modification, removal or release of the provisions of the development plan by Robinson Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.

(b) No modification, removal or release of the provisions of the development plan by Robinson Township shall be permitted except upon the findings by the Board of Commissioners or its designated agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this chapter. These findings must indicate that the changes are consistent with the efficient development and preservation of the entire planned residential development, do not adversely affect the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and are not granted solely to confer a special benefit upon any person.

(4) 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, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of Robinson Township to enforce the provisions of the development plan in accordance with the provisions of this section.

B. Enforcement remedies.

(1) Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by Robinson Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by Robinson Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, Robinson Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to Robinson Township.

(2) The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

(3) Nothing contained in this subsection shall be construed or interpreted to grant to any person or entity other than Robinson Township the right to commence any action for enforcement pursuant to this chapter.