The provisions of this article are enacted in
order:
A.
To recognize the need for rational direction for increasing
urbanization and to meet the growing demand for housing of all types
while at the same time to minimize the loss of open countryside; to
preserve the semirural atmosphere of the Borough; to forestall inadequacies
to community services and facilities; and to protect property values
in existing residential areas;
B.
To encourage innovations in residential development
and renewal so that the growing demand for housing may be met by greater
variety in type, design and layout of dwellings and by the conservation
and more efficient use of open space ancillary to said dwellings;
C.
To provide greater opportunities for better housing
and recreation for all who are or will be residents of the Borough;
D.
To encourage a more efficient use of land and public
services and to reflect changes in the technology of land development
so that the economics so secured may enure to the benefit of those
who need homes;
E.
To encourage more flexible land development which
will respect and conserve natural resources such as streams, lakes,
floodplains, groundwater, wooded areas, steeply-sloped areas, and
areas of unusual beauty or importance to the natural ecosystem; and
F.
In aid of these purposes, to provide a procedure which
can relate the type, design and layout of residential development
to the particular site and the particular demand for housing existing
at the time of development in a manner consistent with the preservation
of the property values within existing residential areas, and to assure
that the increased flexibility of regulations over land development
established hereby is carried out pursuant to sound, expeditious and
fair administrative standards and procedures.
As used in this article, the following words
and phrases shall have the meanings indicated below:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
The development plan, as presented or revised, after approval
by Borough Council.
The number of dwelling units per acre in a planned residential
community, computed by dividing the number of dwelling units which
the applicant proposes to construct by the number of acres in the
development which are not planned to be devoted to commercial use.
If the developer is required to dedicate land for sites for schools
or other public facilities, such land shall be included in the total
land area used in computing average gross density. If he is required
to set aside land for such purposes, it shall not be included in the
computation of average gross density. If such land is not acquired
by the appropriate body by the date of the sale or rental of 51% of
the dwelling units in the planned residential development, then, at
the option of the developer, the land may be used for residential
purposes, subject to the provisions of this article.
The Borough of Chester Heights, Delaware County, Pennsylvania.
A parcel of land or an area of water, or a combination of
land and water, within a planned residential development designed
and intended for the use or enjoyment of residents of the planned
residential development, not including streets, off-street parking
areas, building setbacks, private yards, and areas set aside for public
facilities. Common space shall be substantially free of structures
but may contain such improvements as are in the development plan as
finally approved and as are appropriate for recreational use by the
residents.
The Comprehensive Plan for Chester Heights Borough dated
1972, as amended.
Landowner who makes or causes to be made an application for
approval of a development plan.
A proposal for the development of a planned residential development,
prepared in accordance with this chapter, including a plat of subdivision,
location of various uses, all covenants relating to use, location
and bulk of building and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase "provisions of the development
plan" when used in this article, shall mean both the verbal and graphic
materials referred to in this subdivision.
The legal or equitable owner or owners of land or the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition).
Those areas including building setbacks, private yards and
buffer zones which are free from structures and those areas containing
such facilities as tennis courts and swimming pools.
A contiguous area of land, controlled by a landowner, to
be developed as a single entity for a number of dwelling units, the
development plan for which does not correspond in lot size, bulk or
type of dwelling, density, lot coverage and required open space to
the regulations established in any one residential district created
from time to time, under the provisions of the Borough Zoning Ordinance.
A planned residential development designed to be occupied
and used exclusively by and for single individuals 50 years of age
or over; married couples, at least one of whom is 50 years of age
or over; two closely related persons, e.g., sisters, brothers, brother
and sister, aunt and niece, parent and child, etc.; when both persons
are 50 years of age or older, one person over 18 years of age may
reside in a dwelling unit with an elderly person or persons, as permitted
above, if the presence of such person is essential for the physical
care or economic support of the elderly person or persons; children
18 years of age or older may reside with a parent or parents. All
sale, resale, rental leasing or occupancy of the units or any of the
structures comprising the planned retirement community shall be subject
to and must comply with the terms and conditions of this chapter.
The map or plan of a land development, whether preliminary
or final.
A geographical area or tract which is part of a proposed
planned residential development which will be developed according
to a timetable for development over a period of years included by
the applicant in the development plan.
A section or sections of which an applicant proposes to commence
development at the same time, as part of a timetable for development
of a planned residential development over a period of years.
No application for tentative approval of planned
residential development shall be considered or approved unless the
following conditions are met:
A.
The planned residential development consists of a
contiguous area of at least 50 acres.
B.
The development will be served by community or public
water supply and community or public sewage disposal systems which
shall be operational at the time of occupancy of the first completed
structure.
C.
The proposed development is in an area designated
as a planned residential development area in the Comprehensive Plan
for the Borough of Chester Heights and shall be found to be consistent
with the said Comprehensive Plan.
A.
Permitted uses. A planned residential development
may include residential uses with dwelling units in single-family,
semidetached and attached dwellings and garden apartments. Recreational,
commercial and institutional uses may be included only to the extent
that they are designed and intended primarily to serve the residents
of the planned residential development.
B.
Density.
(1)
The maximum allowable average gross residential density
for planned residential developments shall be four dwelling units
per acre of land. To promote a broad demographic cross section of
residents, the development should consist of approximately equal numbers
of one-, two-, and three-bedroom units. If the developer finds the
one-, two-, three-bedroom split unworkable in the development he plans,
he may use any other floor plans which total not more than eight bedrooms
per acre averaged over the total tract. In any unit each room other
than a living-dining area, kitchen, bathrooms and a recreation room
(a recreation room is defined as adjoining the living-dining area
or kitchen without a door in between) is to be considered a bedroom
for the purposes of this section and provided further:
(a)
No person or family shall live in any below-grade
area except that there may be an apartment for a janitor or custodian
in a below-grade area.
(b)
No more than 10% of the units in any planned
residential development shall be detached single-family dwellings.
(c)
No building shall exceed three stories or 35
feet in height from mean ground level.
(2)
No more commercial development shall be allowed than
expert market analysis shows to the satisfaction of the Borough Council
will be needed to serve the resident population of the planned residential
development.
(3)
Not less than 70% of the total area of the planned
residential development shall be devoted to open space. At least 50%
of the total area shall be designated as and devoted to common open
spaces, which such common open spaces shall be kept free of structures
and improvements except for hiking, horseback riding or bicycle trails,
fishing and picnic areas and natural parks.
C.
Design, bulk and location standards.
(1)
Site design.
(a)
All housing shall be designed with regard to
the topography and natural features of the site. The effects of prevailing
winds, seasonal temperatures and hours of sunlight on the physical
layout and form of the proposed buildings shall be taken into account.
(b)
All housing shall be sited so as to enhance
privacy and insure natural light for all principal rooms.
(c)
Variations in setbacks shall be provided where
necessary to create a more pleasing layout.
(d)
Housing and other facilities near the periphery
of the planned residential development shall be designed so as to
be harmonious with neighboring areas.
(e)
No structure shall be within 50 feet of the
right-of-way of access roads.
(f)
No structure shall be less than 50 feet from
the property lines of the development, and a planting strip of at
least 50 feet deep shall be provided along all property lines at the
periphery of the development where necessary to protect the privacy
of neighboring residents.
(2)
Tree conservation and erosion control.
(a)
Existing trees shall be preserved wherever possible.
The protection of trees of four-inch caliper or over shall be a factor
in determining the location of open space, buildings, underground
services, walks, paved areas, playgrounds, parking areas and finished
grade levels.
(b)
The development shall be designed and programmed
so as to minimize earthmoving, erosion, tree clearance and the destruction
of natural amenities.
(c)
Seeding, sodding and other planting shall be
applied to stabilize topsoil on steep slopes.
(d)
Erosion control measures such as minimizing
the areas of exposed soil, mulching, building silt catchment basins,
and planting temporary ground cover shall be instituted as necessary.
(e)
All construction, including grading and regrading, shall be accomplished under and in accordance with the conservation plan required by § 185-68B(1)(y) of this article.
(3)
Streets.
(a)
The street system shall be designed so as to
relate harmoniously with land uses and adjacent streets and to minimize
through traffic in residential areas.
(b)
Collector streets and secondary streets shall
be so designated and shall have a minimum right-of-way of 50 feet
and 40 feet, respectively, and a minimum cartway of 38 feet and 28
feet, respectively.
(c)
Culs-de-sac must have a paved turning circle
of sufficient width to facilitate snow removal and to permit easy
access for fire-fighting equipment and delivery trucks. The minimum
radius shall be 40 feet to the outside curb, and the maximum length
shall be 600 feet.
(d)
Collector streets shall have sidewalks five
feet wide. Secondary streets shall have sidewalks as deemed necessary
by the Borough Council.
(e)
Road construction shall conform to the following
specifications: on a properly compacted subgrade, eight inches of
screenings, bound macadam shall be applied in two four-inch courses.
Each course shall be rolled and compacted with no less than a ten-ton
roller. There shall be applied thereon with a Barber Green road paver,
or its equal, 2 1/2 inches of ID-2A bituminous concrete, namely
a 1 1/2 inch binder course and a one inch wearing course, each
course being rolled and compacted with no less than a ten-ton roller.
In all instances where specifications of the Pennsylvania Department
of Transportation are more stringent, such specifications shall prevail.
Additionally, at the discretion of Borough Council, or its duly appointed
representative, valley gutters or upright curbs shall be constructed
along all streets and/or roads.
(f)
Streets shall be curvilinear and part of the
landscape wherever possible and shall not be laid out in ordinary,
rigid block geometry. Use of automobiles to get around within the
development should be discouraged by the economic and peripheral layout
of streets.
(4)
Parking.
(a)
There shall be two off-street parking spaces,
each measuring 10 feet by 20 feet for each one-bedroom dwelling unit.
This requirement may be reduced by Borough Council to 1 1/2 spaces
in planned retirement communities.
(b)
There shall be 2 1/2 off-street parking
spaces, each measuring 10 feet by 20 feet for each dwelling unit containing
two or more bedrooms. This requirement may be reduced by Borough Council
to two spaces in planned retirement communities.
(c)
Aisles within parking areas shall be at least
20 feet in width.
(d)
There shall be one off-street parking space
10 feet by 20 feet for each 150 square feet of commercial space.
(e)
Parking areas shall be arranged so as to prevent
through traffic to other parking areas.
(f)
All uncovered parking areas shall be screened
from adjacent structures, access roads and traffic arteries by hedges,
dense planting, earth berms, changes in grade, or walls. All uncovered
parking areas shall be a minimum of 20 feet from all structures, access
roads, and traffic arterials.
(g)
No more than 15 parking spaces shall be permitted
in a continuous row without being interrupted by approved landscaping.
(h)
No more than 60 parking spaces shall be accommodated
in any single parking area.
(i)
All off-street parking and loading areas shall
be surfaced with an asphaltic or portland cement pavement.
(5)
Lighting. All off-street parking shall be adequately
lighted. All such lighting shall be arranged so as to direct light
away from adjoining residences.
(6)
Storm drainage. The storm sewerage system for a planned
residential development shall be designed to minimize erosion and
flooding using, as desirable, catchment basins, silt traps and design
of cartways so as to minimize runoff. The design of all storm sewage
systems shall be based on an anticipated two inches per hour rainfall
with 100% runoff.
(7)
Landscaping.
(a)
All parking areas shall be landscaped. The interior
of each lot shall have one two-inch caliper shade tree for every four
cars.
(b)
Shade trees shall be provided along all streets.
No less than two two-inch caliper trees shall be planted for each
twenty-five-foot section of collector streets.
(c)
Landscaping shall be planned and effectuated in the planned residential development so as to integrate buildings with their surrounding lands and to present a total pattern throughout the site. In the planning and effectuation of such landscaping as well as in the effectuation of Subsections A and B of this section, the developer shall be guided by the following criteria. Plant material, including deciduous and evergreen trees and shrubs, shall be chosen on the basis of:
[1]
Esthetic values such as autumn coloration, flowers,
fruit, bark and crown characteristics, susceptibility to dieback.
[2]
Susceptibility to insect and disease infestation
and air pollution.
[3]
Species longevity.
[4]
Wind firmness and suitability of plant material
to soil types.
[5]
Wildlife values (ability of plant material such
as oak, hickory, dogwood, walnut to provide food for bird and animal
life).
[6]
Trees and shrubs which are prone to cause pavement
heaving or whose roots have a tendency to invade water and sewer lines
(i.e., poplar, silver and Norway maple, beech) shall not be planted
where their presence will result in pavement heaving or the clogging
of mains and drains.
(8)
Signs. The character, size and shape of all outdoor signs shall be in conformity with the provisions of Article XVI, except that one temporary sign bearing the name of the development, availability of units for sale or rent, name of sales agent, developer, and other related information may be erected on the site to remain only during the period of development, construction and sale. Such sign is not to exceed 40 square feet in area and 10 feet in height and is not to be placed nearer than 10 feet to the nearest point of the limits of the road right-of-way. Such signs are not to be illuminated. Before erection, a sketch showing location, size, design, color and wording is to be submitted for approval by Council or its delegate.
(9)
Supplemental nonresidential facilities.
(a)
Shopping areas and recreational facilities within
a planned residential development shall be located so as not to interfere
with nearby residential areas.
(b)
Refuse stations shall be designed with suitable
screening and located where convenient for trash removal and not offensive
to nearby residential areas.
(c)
Adequate lighting shall be provided for outdoor
areas used after dark. Appropriate lighting fixtures must be provided
for walkways, to identify steps, ramps, and signs. Lighting shall
be designed and located so as not to shine directly into nearby residences.
(10)
Utilities. All utilities shall be underground
if deemed feasible by the Borough Council.
(11)
Fire lanes and hydrants.
(a)
No dwelling unit or part of a unit shall be
located more than 150 feet from a duly improved and accessible fire
lane, as defined below, nor more than 600 feet from a private or public
street or fire hydrant. All fire hydrants and fire lanes shall be
subject to the approval of the Borough Fire Chief and Fire Marshal.
(b)
Fire lanes shall have a minimum unobstructed
right-of-way width of 40 feet; and there shall be constructed within
this right-of-way an all-weather and well-drained, surfaced cartway
with a minimum width of 28 feet. The extension of fire lanes shall
begin from one or more private or public streets.
(c)
Dead-end fire lanes shall be terminated with
an unobstructed vehicular turnaround or cul-de-sac with a minimum
right-of-way radius of 50 feet and shall have a minimum surfaced radius
of 40 feet. Dead-end fire lanes shall have a maximum length of 400
feet.
(d)
The location of fire lanes shall conform to
plans for the extension of streets, sanitary severs, water mains,
storm sewers and other drainage facilities and public utilities as
contained in this chapter and other ordinances of the Borough of Chester
Heights and shall provide adequate access to buildings by firemen
and other emergency services.
(e)
Fire hydrants must be provided by the developer.
The number, type, and location of fire hydrants and the size and rate
of flow of feeder lines shall be subject to the approval of the Borough
Fire Chief and Fire Marshal.
(f)
No certificate of occupancy shall be issued
until fire lanes are constructed and hydrants are tested and approved
by the Borough Fire Chief and Fire Marshal.
A developer may construct a planned residential
development in stages if the following criteria are met.
A.
The application for tentative approval covers the
entire planned residential development and shows the location and
approximate time of construction for each stage in addition to other
information required by this article.
B.
At least 15% of the dwelling units in the plan given
tentative approval are included in the first stage.
C.
At least 33% of the dwelling units in any stage are
rented or sold before any commercial development shown in that stage
shall be completed.
D.
The second and subsequent stages are completed consistent
with the tentatively approved plan and are of such size and location
that they constitute economically sound units of development. In no
event shall such stages contain less than 15% of the dwelling units
receiving tentative approval.
E.
Gross residential density may be varied from stage
to stage; provided, however, that final approval shall not be given
to any stage if the gross residential density by type of dwelling
of the area (which includes stages already finally approved and the
stage for which final approval is being sought) exceeds by more than
10% the gross residential density for each type of dwelling unit allowed
for the entire planned residential development in the tentatively
approved plan. Where it is necessary to allocate open space to early
stages to avoid exceeding maximum gross residential densities, the
developer may be required to grant an open space easement or covenant
to the Borough specifying the amount and, if necessary, the location
of open space.
F.
Where development in stages is applied for and approved,
the developer shall, if possible, complete all landscaping in the
stage approved before occupancy of any unit in that stage is permitted.
Unless good reason therefor shall be demonstrated to Borough Council,
no additional stage shall be approved until landscaping is completed
on any prior stage.
A.
The common open space shall be located so as to be
consistent with the objectives set forth in the application for planned
residential development. Where possible, it shall be designed as a
contiguous area easily accessible to the residents and preserving
natural features.
B.
The developer shall make provision to insure that
the open space land, including common open space, shall continue as
such and be properly maintained. The developer shall either dedicate
such land to public use if the Borough or another public agency has
indicated it will accept such dedication; retain ownership and responsibility
for maintenance of such open space land; or provide for and establish
one or more organizations for the ownership and maintenance of all
open space. In the case of the organizations for the ownership, each
organization shall be a nonprofit homeowners' corporation, unless
the developer demonstrates that a community open space trust is a
more appropriate form of organization.
C.
If a homeowners' association or open space trust is
formed, it shall be governed according to the following regulations:
(1)
The organization is organized by the developer and
operating with financial subsidization by the developer, if necessary,
before the sale of any lots within the development.
(2)
Membership in the organization is mandatory for all
purchasers of dwelling units therein and their successors.
(3)
The organization shall be responsible for maintenance
of and insurance and taxes on open spaces.
(4)
The members of the organization shall share equitably
the costs of maintaining the open space, in accordance with procedures
established by them.
(5)
The organization shall have or hire adequate staff
to administer common facilities and maintain the open space.
(6)
In the event that the organization established to
own and maintain the open space or any successor organization shall,
at any time after establishment of the planned residential development,
fail to maintain the open space in reasonable order and condition
in accordance with the development plan, the Borough may serve written
notice upon such organization or upon the residents and owners of
the planned residential development setting forth the manner in which
the organization has failed to maintain the open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 30 days thereof and shall state the
date and place of a hearing thereon, which shall be held within 14
days of the notice. At such hearing, the Borough may modify the terms
of the original notice as to the deficiencies and may give an extension
of time within which they shall be cured. If the deficiencies set
forth in the original notice or in the modification thereof shall
not be cured within said 30 days or any extension thereof, the Borough,
in order to preserve the taxable values of the properties within the
planned residential development and to prevent the open space from
becoming a public nuisance, may enter upon said open space and maintain
the same for a period of one year. Said entry and maintenance shall
not vest in the public any rights to use the open space except when
the same is voluntarily dedicated to the public by the residents and
owners. Before the expiration of said year, the Borough shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon notice to such organization or to the residents and owners of
the planned residential development who shall show cause why such
maintenance by the Borough shall not, at the election of the Borough,
continue for a succeeding year. If the Borough shall determine such
organization is ready and able to maintain said open space in reasonable
condition, the Borough shall cease to maintain said space at the end
of said year. If the Borough shall determine such organization is
not ready and able to maintain said open space in a reasonable condition,
the Borough may, in its discretion, continue to maintain said open
space during the next succeeding year and subject to a similar hearing
and determination in each year thereafter. The decision of the Borough
in any such case shall constitute a final administrative decision,
subject to judicial review.
(a)
The cost of such maintenance by the Borough
shall be assessed ratably against the properties within the planned
residential development that have a right of enjoyment of the open
space and shall become a tax lien on said properties. Said assessments
or charges shall be subordinate in lien to the lien of any mortgage
or mortgages on the property which is subject to such assessments
or charges regardless of when said mortgage or mortgages were created
or when such assessments or charges accrued; provided that such subordination
shall apply only to assessments or charges that have become payable
prior to the passing of title under foreclosure of such mortgage or
mortgages, and the transferee shall not be liable for payment of any
assessments or charges accruing prior to said foreclosure, but nothing
herein shall be held to affect the rights herein given to enforce
the collection of such assessments or charges accruing after sale
under foreclosure of such mortgage or mortgages; and provided, further,
that such charges accruing after sale shall also be subordinate in
lien to the lien of any further mortgage or mortgage which are placed
on property subject to such assessments or charges, with the intent
that no such charges shall at any time be prior in lien of any mortgage
or mortgages whatsoever on such property. The Borough, at the time
of entering upon said open space for the purpose of maintenance, shall
file a notice of such lien in the office of the Prothonotary of the
County upon the properties affected by such lien within the planned
residential development.
(7)
In accordance with Section 706 of Act 247 of the Pennsylvania
Municipalities Planning Code,[1] the provisions of the development plan relating to the
use, bulk and location of buildings and structures; the quantity and
location of open space; and the intensity of use or the density of
residential units shall run in favor of the Borough and shall be enforceable
in law or in equity by the Borough, without limitation on any powers
of regulation otherwise granted the Borough by law. The development
plan shall specify those of its provisions which shall run in favor
of and be enforceable by residents of the planned residential development,
and, in addition, the manner in which such residents may modify or
release such rights.
[1]
Editor's Note: See 53 P.S. § 10706.
A.
The application for tentative approval shall be executed
by the landowner and filed with the Borough Secretary. An initial
fee in the amount of $500 shall be paid upon filing of the application.
Additional deposits shall be made from time to time as requested by
the Borough to be applied against the expenses of processing the application,
not to exceed the actual expenses incurred by the Borough.
B.
The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development in § 185-61, and, where necessary, the Borough Council shall order such documentation to aid them in their review.
C.
Required documentation in quadruplicate shall include
but not be limited to documents illustrating the following:
(1)
The location and size of the area involved, and adjoining
areas; and the nature of the landowner's interest in the planned residential
development.
(2)
The proposed use areas and the net residential and
commercial density of each proposed land use.
(3)
The location, function, size, ownership, and manner
of maintenance of the open space.
(4)
The use and approximate height, bulk, and location
of buildings and other structures.
(5)
Information showing the feasibility of proposals for
sanitary sewerage, water supply and stormwater disposition.
(6)
Utility systems.
(7)
The substance of covenants, grant of easements, or
other restrictions to be imposed upon the use of land, buildings and
structures including proposed grants and/or easements for public utilities.
(8)
The provision for parking of vehicles and location,
rights-of-way and cartway widths of proposed streets and public ways.
(9)
In the case of plans which call for development in
stages, a schedule showing the time within which applications for
final approval of all parts of the planned residential development
are intended to be filed, and which shall be updated annually on the
anniversary of submission for final approval.
(10)
The application shall, insofar as possible,
indicate compliance with the provisions set forth herein, governing
the requirements for final approval.
D.
Application for tentative approval shall also include
but not be limited to the following graphic material in quadruplicate.
(1)
Plans at one inch equals 200 feet of existing natural
features of the land including topography, vegetation, drainage and
soils.
(2)
A site plan showing approximate locations of buildings,
roads, parking areas at one inch equals 100 feet.
(3)
A plan at one inch equals 100 feet delineating common
open space indicating size, nature of facilities, structures, if any,
and uses.
(4)
A plan at one inch equals 100 feet delineating approximate
locations, street types, right-of-way, cartway widths, fire lanes
and fire hydrants.
(5)
Site plan illustrating phasing; including a time schedule
for all on-site and off-site improvements to be dedicated for public
use, which may be modified from time to time by the Borough Council.
(6)
A plan illustrating connection to public utilities,
streets and rights-of-way accompanied by documentation as to the impact
of the proposed development of said public utilities, streets and
rights-of-way.
(7)
A plan illustrating the relation of the proposed planned
residential development to the Borough.
E.
Said application shall also include a written statement
in quadruplicate by the landowner setting forth the reasons why, in
his opinion, the planned residential development would be in the public
interest and would be consistent with the Borough's Comprehensive
Plan.
F.
One copy of every application for tentative approval
received by the Borough Secretary shall be promptly forwarded to the
Borough Planning Commission and to the Delaware County Planning Commission
for study and recommendation as required by the Pennsylvania Municipalities
Planning Code.[1] The Borough Planning Commission and the Delaware County Planning Commission shall review and report upon the application to the official review agency within 45 days of such referral. One copy of the reports of the respective planning commissions shall be furnished to the landowner not less than five days before the appointed time of the public hearing provided for in § 185-65 of this chapter.
[1]
Editor's Note See 53 P.S. § 10101
et seq.
G.
The landowner, the Borough Council, the Borough Planning
Commission, and the Delaware County Planning Commission may consult
informally concerning the proposed planned residential development
prior to the filing of an application for tentative approval, provided
that no statement or representation by a member of the official review
agency or of the planning agencies shall be binding upon the Borough.
A.
Within 60 days after the filing of an application
for tentative approval of a planned residential development pursuant
to this chapter, a public hearing pursuant to public notice on said
application shall be held by the Borough Council in the manner prescribed
in this chapter for the enactment of an amendment. The Chairman, or,
in his absence, the Acting Chairman, of the Borough Council or its
designated agency may administer oaths and compel the attendance of
witnesses. All testimony by witnesses at any hearing shall be given
under oath and every part 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 Borough Council, and the cost of transcribing additional
copies of such 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 the exclusion clearly noted in the record.
A.
The Borough Council, within 45 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 plan as submitted; or
(3)
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. 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 Borough Council, notify the Borough Council of
his refusal to accept all said conditions, in which case, the Borough
Council shall be deemed to have denied tentative approval of the development
plan. In the event 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.
B.
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)
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 open space
in the planned residential development, the reliability of the proposals
for maintenance and conservation of the open space, and the adequacy
or inadequacy of the amount and purpose of the 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, and
(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.
C.
In the event a development plan is granted tentative
approval, with or without conditions, the Borough Council shall set
forth in the official written communication the time within which
an application for final approval of the development plan 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 between grant
of tentative approval and application for final approval shall not
be less than three months and, in case of development over a period
of years, the time between applications for final approval of each
stage of a plan shall be not less than 12 months.
A.
The official written communication provided for in § 185-66 of this chapter shall be certified by the Secretary of the Borough Council 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 on 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 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 or revoked nor otherwise impaired
by action of the Borough pending an application or applications for
final approval, without the consent of the landowner, provided an
application for final approval is filed or, in the case of development
over a period of years, provided applications 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
Borough Council in writing or in the event 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 Borough.
A.
An application for final approval may be for all the
land included in a development plan or, to the extent set forth in
the tentative approval, a section thereof. Said application shall
be made to the Borough Council within the time or times specified
by the official written communication granting tentative approval.
If the application for final approval is in compliance with the tentatively
approved development plan, a public hearing need not be held.
B.
The application for final approval shall consist of
a plan or plans and accompanying documents in quadruplicate which
shall include the following information:
(1)
The plan. The final plan shall be a scale of one inch
to 50 feet. All plans shall be clear and legible white prints of an
ink drawing and shall include the following information:
(a)
Development name or identifying title.
(b)
Municipality in which the development is located.
(c)
North point, scale and date.
(d)
Name of record owner and developer.
(e)
Name and seal of registered professional engineer
or surveyor responsible for the plan.
(f)
Boundaries of the tract determined by accurate
survey in the field which shall be balanced and closed with an error
of closure not to exceed one foot in 10,000.
(g)
Property lines (if any) within the development.
(h)
Lot areas (if any) to 1/1000 of an acre.
(i)
Street lines, lot lines, rights-of-way, easements
and areas dedicated to or proposed to be dedicated to public use.
Profiles for all streets and fire lanes and for proposed sanitary
and storm sewer mains, inlets, manholes, and fire hydrants.
(j)
The length of all straight lines, radii, lengths
of curves and tangent bearings for each street.
(k)
All dimensions and angles or bearings of the
lines of each lot and of each area proposed to be dedicated to public
use.
(l)
The setback line for each building.
(m)
Location and width of all private driveways.
(n)
Names proposed to be given to all streets.
(o)
Location of all structures.
(p)
Number of lots.
(q)
Number of dwelling units by type and number
of rooms and, where applicable, the number, location and square footage
of areas to be devoted to nonresidential use.
(r)
Architectural drawings to scale of all buildings.
(s)
A key map showing the relationship of the property
being developed to surrounding properties, such map to be drawn at
a scale of one inch equals 800 feet and shoving all streets, roads,
municipal boundaries, subdivisions and adjoining properties within
1,000 feet of any part of the property. In the case of development
of a section of the entire tract, the key map shall show the relationship
of the section to the entire tract.
(t)
Total property area of the entire development
tract and, in the case of development in sections, the size of the
section for which plans are submitted.
(u)
All permanent monuments.
(v)
Contours at vertical intervals of five feet.
(w)
All existing water courses, tree masses and
other significant natural features and size and location of all proposed
cut and fill.
(x)
A landscaping plan indicating placement, type
and approximate size of plant material including plans, where applicable,
for buffer planting.
(y)
A conservation plan for the control of erosion
and sedimentation in accordance with the standards and specifications
of the USDA Soil Conservation Service as then adapted for use by the
Delaware County Soil and Water Conservation District. The developer
shall include in the conservation plan data, including dates where
relevant, to indicate that development will be carried out in compliance
with the following principles:
[1]
The smallest practical area of land be exposed
at any one time during development or construction.
[2]
When land is exposed during development or construction,
the exposure will be limited to the shortest practical period of time.
[3]
Temporary ditches, dykes, vegetation and/or
mulching will be used to protect critical areas exposed during development
or construction.
[4]
Sediment basins (including debris basins, desilting
basin, silt traps) will be installed and maintained to remove sediment
from run-off waters from land undergoing development.
[5]
Provisions will be made to accommodate effectively
increased runoff caused by changed soil and surface conditions during
and after construction or development.
[6]
Permanent vegetation and erosion control structures
will be installed, as soon as practical during construction.
[7]
Wherever feasible, natural vegetation will be
maintained and protected and alterations of natural grade kept to
a minimum.
[8]
No portion of tree masses or trees with a caliper
of four inches or greater shall be cleared unless such clearance is
plainly necessary for effectuation of the development. Developers
shall make all reasonable efforts to harmonize their plans with the
preservation of existing trees and shall take all reasonable care
to protect those trees which are to remain from damage during construction.
C.
In the event the application for final approval has
been filed, together with all drawings, specifications and other documents
in support thereof, and as required by the chapter and the official
written communication of tentative approval, the Borough shall, within
30 days of such filing, grant such development plan final approval.
D.
In the event the development plan as submitted, contains
variations from the development plan given tentative approval, the
Borough Council may refuse to grant final approval and shall, within
30 days from the filing of the application for final approval, 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. In the event of such refusal, the landowner
may either:
(1)
Refile his application for final approval without
the variations objected, or
(2)
File a written request with the Borough Council that
it hold a public hearing on his application for final approval. If
the landowner wishes to take either such alternate action, he may
do so at any time within which he shall be entitled to apply for final
approval, or within 30 additional days if the time for applying for
final approval shall have already passed at the time when the landowner
was advised that the development plan was not in substantial compliance.
In the event the landowner shall fail to take either of these alternate
actions within said time, he shall be deemed to have abandoned the
development plan. Any such public hearing shall be held pursuant to
public notice within 30 days after request for the hearing is made
by the landowner, 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 Borough Council 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 development plan 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.
E.
The approved development plan, or any part thereof,
shall be filed of record forthwith in the office of the Recorder of
Deeds before any development shall take place in accordance therewith.
Upon the filing of record of the development plan, the zoning and
subdivision regulations otherwise applicable to the land included
in such plan shall cease to apply thereto. Pending completion within
a reasonable time of said planned residential development or of that
part thereof, as the case may be, that has been finally approved,
no modification of the provisions of said development plan, or part
thereof, as finally approved, shall be made except with the consent
of the landowner.
F.
In the event that the landowner shall abandon an approved
development plan or a section thereof, the landowner shall so notify
the Borough Council in writing; or, in the event the landowner shall
fail to commence within one year and complete the planned residential
development within such reasonable period of time as may be fixed
by resolution after final approval has been granted, no development
or further development shall take place on the property included in
the development plan until after the said property is resubdivided
and is reclassified by enactment of an amendment to this chapter.
G.
The documentation. The application for final approval
shall also be accompanied by the following documents in quadruplicate.
(1)
Copies of deed restrictions shall limit the use and occupancy of all dwelling units in planned retirement communities to individuals described under § 185-59, excepting individuals employed for the purpose of maintaining, operating or managing the planned retirement communities and their immediate families.
(2)
Information as to water supply and sewage disposal
including copies of permits obtained under authority of statutes of
the commonwealth.
(3)
A certified copy of the deed or deeds evidencing ownership
by the landowner.
(4)
Offers of dedication and covenants governing the reservation
and maintenance of undedicated open space, provided that all such
offers of dedication and covenants shall bear the certificate of approval
of the Borough Solicitor as to their legal sufficiency.
(5)
A statement duly acknowledged before an officer authorized
to take acknowledgment of deeds and signed by the owner or owners
of the property to the effect that the development as shown on the
application for final approval is made with his or their free consent
and that it is desired to record the application and accompanying
documents upon their approval.
(6)
Whenever a developer proposes to establish a street
which is not offered for dedication and not required to be offered
for dedication, he shall submit a copy of statements cosigned by the
Borough Solicitor that he has made an agreement on behalf of his heirs
and assigns with the Borough. Said agreement shall be subject to the
Borough Solicitor's approval and shall be recorded with the plan.
Said agreement shall establish the conditions under which the streets
may later be offered for dedication and stipulate among other things:
(a)
That the street shall be in good state of repair
as certified by the Borough Engineer, or that the owners of the lots
along it agree to include with the offer of dedication sufficient
money, as estimated by the Borough Engineer, to restore the street
to conform with Borough specifications.
(b)
That an offer to dedicate the street shall be
made only for the street as a whole.
(c)
That the method of assessing repair costs shall
be as stipulated.
(d)
That agreement to offer the street for dedication
by the owners of 60% of the lots shall be binding on owners of the
remaining lots.
Proposals for amendments to an approved final
plan shall be acted upon in the same manner as that prescribed for
the original approved plan.
The approved final plan becomes the approved
zoning for the property covered by the plan. Owners or occupants of
the dwelling units in the PRD shall not make structural change or
additions of the sort that would require a building permit in accordance
with the Building and Sanitation Code of the Borough[1] without submitting an amended final plan to the Borough
and receiving approval for that plan. Such plan shall be submitted
in accordance with this chapter and shall also include a letter from
the homeowners' association for that PRD (if a homeowners' association
exists in that PRD) containing the association's recommendation for
approval or disapproval of the amended plan.
