Bradford Woods City Zoning Code
ARTICLE V
Planned Residential Development
§ 225-34 Statement of intent.
A.
It is the intent and purpose of this article to allow the planned residential development (PRD) concept which through the use of ingenuity and imagination, together with thoughtful design efforts, is in keeping with the overall land use intensity and open space objective of the Comprehensive Plan.
B.
It is the further intent and purpose to promote flexibility of design and permit planned diversification in the location and type of structures which:
(1)
Preserve, to the greatest extent possible, the existing landscape features and amenities and to utilize such features in a harmonious fashion.
(2)
Accomplish a more desirable living environment than would be possible through the strict application of minimum requirements of this chapter and Chapter 200, Subdivision and Land Development.
(3)
Provide an environment of stable character compatible with surrounding developments.
(4)
Conserve and enhance the residential character of the Borough while recognizing and preserving the unique physical characteristics of the area within the Borough.
§ 225-35 General provisions.
A.
Compliance. No PRD may be approved or recorded, and no lot shall be sold or any structure built, altered, moved or enlarged in any PRD, unless and until a development plan has been approved and recorded and until the improvements required in connection therewith have either been constructed or guaranteed, as herein provided. A PRD shall be a conditional use in the R-2 Residential District. The standards of Chapter 200, Subdivision and Land Development, are applicable to PRD applications and are incorporated herein.
B.
Community development objectives. The community development objectives which are the basis for the provisions of this article are set forth in § 225-4 and in the Comprehensive Plan as adopted and amended by the Borough Council.
C.
Exception. The provisions of this article for approval of a development plan for a planned residential development prescribed in this section shall be in lieu of all other procedures or approvals otherwise required pursuant to this chapter and Chapter 200, Subdivision and Land Development. Failure to comply with the provisions with respect to a recorded PRD plan shall be deemed to constitute a violation of this chapter.
§ 225-36 Plats and surveys.
[Amended 10-13-2007 by Ord. No. 386]
All plats and surveys shall be prepared in accordance with the Act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law."
§ 225-37 Application for tentative approval.
An application for tentative approval along with not less than an original and 10 copies of the development plan for a planned residential development shall be drafted on twenty-four-inch by thirty-six-inch paper (reproducible size 24 by 36) and shall be filed with the Borough by or on behalf of the landowner on forms provided. An application for preliminary approval shall be accompanied by an application fee as set by resolution of Council.
§ 225-38 Contents of application.
Applications for tentative approval shall include:
A.
Written statement. A statement by the landowner/developer setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Borough.
B.
List. A list of any zoning approvals or any modifications or waivers which will need to be requested.
C.
Location map: shall clearly show the location, area and zoning of the tract proposed for development in relation to the area and zoning of adjacent properties including the structure locations, and the location and relative distance to existing related streets.
D.
Site map: shall cover the entire tract and all lands within 100 feet of its boundaries and shall clearly and accurately show the following data:
(1)
The topography with contour lines at two-foot intervals where average slope is 10% or less, five-foot intervals where average slope exceeds 10% and twenty-foot intervals where average slope exceeds 25%.
(2)
The natural features and existing culture such as woods and existing trees 12 inches or greater in diameter, streams and other natural drainage ways, embankments, retaining walls, structures including structures located on abutting properties if within 50 feet of the common property line, and existing land use.
(3)
The names of owners of properties adjacent to the tract and location of existing driveways on adjacent properties.
(4)
Existing and proposed streets and right-of-way including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, and curbs and sidewalks.
(5)
Existing and proposed easements, including widths and purposes.
(6)
Utilities, including size, capacity and location of sanitary sewers, storm sewers, drainage facilities, water lines, gas mains and power, telephone or TV cable lines above or below ground.
(7)
Areas subject to periodic overflow of flooding from stormwaters or other sources.
(8)
Subsurface conditions, including data on past or possible future mining activity. If mineral rights are severed from the land ownership, such data must be clearly indicated.
(9)
Tract boundary lines be calculated distances and bearings.
(10)
Title, graphic scale (minimum one inch equals 100 feet), North point, date, property owner, and developer if different.
(11)
Such other information as may reasonably be required by the requisite municipal officials.
E.
Proposed development plan: shall show the following as applicable:
(1)
Name of plan.
(2)
Name, addresses and phone numbers of owners, subdivider or developer, and the professional who prepared the plan.
(3)
Proposed street pattern, including the names, widths and right-of-way of streets, the widths of easements, and the calculated grades of streets.
(4)
Layout of lots, including dimensions, number and building lines, and show proposed grading and areas where natural vegetation will be removed.
(5)
Parcels of land to be dedicated or reserved for schools, parks, open space, playgrounds or other public or community use.
(6)
Key plan, legends, notes, graphic scale, North point and date.
(7)
Scale to be a minimum of one inch equals 100 feet.
(8)
The location, use, heights, and number of families to be housed for every structure proposed shall be shown.
(9)
The location of all off-street parking spaces and the total number of spaces to be provided shall be shown.
(10)
The location, sizes, and kind of improvements proposed for all common open space, together with proposed ownership and maintenance arrangements of such open space.
(11)
The location and design for all landscaping and screening proposed showing the height and type of screening.
(12)
The location and width of walks, sidewalks and trails, and the use of trails where they are not limited to pedestrian use.
(13)
The substance of covenants, grants, easements, of other restrictions proposed.
(14)
The extent to which the proposed development plan varies from land use and other regulations otherwise applicable to the subject property
(15)
A schedule, where development is to be phased over a period of years, showing proposed times for filing of applications for final approval for each phase of the proposed development plan.
(16)
Required front, side and rear yard lines, and any required building line.
(17)
Location, dimensions, total square footage and ground floor elevations of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, fire hydrants and fire lanes and other site improvements or amenities when applicable.
F.
Engineer report: shall include the following data wherever pertinent:
(1)
Profiles, cross sections and specifications for proposed street improvements.
(2)
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence that water is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
G.
Sewage facilities report. A report on the feasibility of connection to an existing sanitary sewage system, including distances to the nearest public sewer, service load of the development and the capacity of the treatment plant. Approved planning modules shall be provided where required by the Department of Environmental Protection (DEP), or other government agency having jurisdiction thereof. If public sewers are not proposed, then evidence that the Allegheny County Health Department will approve and accept on-lot facilities must be present.
H.
Public utilities. Proof of the ability to provide every lot with water, gas and electricity within a street right-of-way or properly designated easements.
I.
Stormwater management. Applicant must comply fully with all requirements of Chapter 190, Stormwater Management, or any successor ordinance.
J.
Erosion and sediment control plan. Applicant shall comply fully with all requirements of the erosion and sedimentation control regulations of Allegheny County and provide satisfactory evidence of such compliance to the Borough.
K.
Grading, excavation and fill compliance. Applicant shall comply fully with all regulations of Chapter 129, Grading, or any successor ordinance.
L.
Highway occupancy permit and exit notice, if applicable. No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945, P.L. 1242, No. 428, known as the “State Highway Law,”[1] before driveway access to a state highway is permitted. The form for such notice appears at Appendix A.[2]
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
M.
Additional information. Any additional information as requested by the Planning Commission such as soil types, detailed topography, additional contours, etc., shall be made available upon request.
§ 225-39 Preliminary review.
§ 225-40 Public hearing.
A.
Within 60 days after the filing of an application for tentative approval of a planned residential development, the Borough Council shall conduct a public hearing on such application after giving public notice. [Note: The procedure and time limits set forth in this section are to be considered supplemental to those provided in the Pennsylvania Municipalities Planning Code (PMPC), latest edition. In the event of a conflict the MPC shall take precedence.]
B.
The Borough Council may continue the hearing from time to time, and where applicable, may refer the matter back to the Planning Commission 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.
§ 225-41 Criteria for tentative approval.
Council shall give tentative approval to a proposed development plan if, and only if, it is found to meet the following criteria:
A.
Findings of fact.
(1)
The proposed development plan complies with all standards and conditions of this chapter, preserves the community development objectives of this chapter and is found to be consistent with the Comprehensive Plan.
(2)
Where the proposed development plan departs from zoning and subdivision regulations 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 any proposed common open space are reliable, and the amount and extent of improvements of such open space is adequate with respect to the proposed, use and type of residential development proposed.
(4)
The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.
(5)
The total environment of the proposed development plan is harmonious and consistent with the neighborhood in which it is located.
(6)
The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, natural vegetative cover, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding than if subject property were developed in accordance with the provisions of this chapter and Chapter 200, Subdivision and Land Development, which otherwise apply.
(7)
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 225-22.
(8)
In the case of a development plan which proposes development over a period of years, the development plan will provide at each stage of development a sufficient proportion of any required open space, planned facilities and amenities, and other improvements and conditions as set forth in this article and as intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
§ 225-42 Grant or denial of tentative approval.
A.
Time limits.
(1)
Council, within 60 days following the conclusion of the public hearing, shall, by official written communication to the landowner, either:
(2)
Failure to so act within said time period shall be deemed to be a grant of tentative approval of the development plan as submitted.
(3)
In the event that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of Council, notify Council of his refusal to accept all said conditions, in which case Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said time period, notify Council of his refusal to accept all said conditions, 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 which respects the development plan would or would not be in the public interest, including, without limitation, 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 Borough;
(2)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are 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; 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 that the development plan is granted tentative approval, with or without conditions, Council may 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 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 part of a plan shall not be less than 12 months.
§ 225-43 Revocation of tentative approval.
The grant of tentative approval shall be deemed to be revoked if Council is notified by the landowner of his intention to abandon the proposed development plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by law.
§ 225-44 Application for final approval.
Application for final approval of each phase shall be accompanied by a fee as set by resolution of Council and shall be filed with the Borough. The application shall be comprised of one reproducible copy and seven prints of the development plan for the phase, including a site plan and supplementary data, and a certificate of improvements or a guarantee of improvements as required by this chapter.
A.
The PRD site development plan shall be drawn on Mylar type film using waterproof black India ink and shall include:
(1)
The final plat drawn at a scale no smaller than one inch equals 100 feet, drafted on twenty-four-inch by thirty-six-inch paper (reproducible area 24 by 36);
(2)
The plan name, name and address of the owner and subdivider, source of title of land as shown by the books of the Recorder of Deeds of Allegheny County, graphic scale, North point, date and certificate of approval by Council;
(3)
Survey date with certification by a registered professional engineer or land surveyor showing calculated distances and bearings of the subdivision boundaries, lots, utility easements, streets, alleys, building lines, open space and parks reserved for community purposes;
(4)
Location and distances to the nearest established street corners or official monuments and the streets intersecting the boundaries of the subdivision;
(5)
Location, type of material and size of monuments, complete curb data, lot numbers and street names;
(6)
Accurately dimensioned locations of all proposed structures, parking areas, and common open spaces;
(7)
The number of families to be housed in each structure; and
(8)
Certifications and approvals. Required certifications are set forth in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
The supplementary data shall include:
(1)
Any covenants, grants of easements or other restrictions to be imposed on the use of land and structures.
(2)
Provisions for the maintenance, ownership and operation of common open spaces and facilities.
(3)
The final landscaping plan, including the common and proper names, sizes, and quantities of each proposed species of plant; the exact location of all plant materials and the treatment of all disturbed areas, including graded slope areas shall be shown. The method of protecting existing trees near the proposed areas of disturbance shall be shown. Additionally, show the location of sidewalks, trails, and screening.
§ 225-45 Public hearing.
A public hearing on an application for final approval of the development plan, or part thereof, shall not be required provided the development plan, or part thereof, submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
§ 225-46 Improvements.
No plat shall be finally approved unless all improvements shown on such plat or required by this chapter have been installed in strict accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, the owner or developer may deposit with the Borough financial security in an amount sufficient to cover the costs of such improvements. Such financial security shall be in the form of federal or commonwealth chartered lending institution irrevocable letters of credit and or restrictive or escrow accounts in such lending institutions, or a cash deposit with the municipality. Such financial security shall secure to the public the completion of all said improvements within one year from the date of posting of the financial security in accordance with all applicable provisions of Section 509 of the Pennsylvania Municipalities Planning Code,[1] Act of 1968, P.L. 805, No. 247, as reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 10509.
§ 225-47 Required improvements.
The following improvements shall be completed in connection with every planned residential development, and such improvements will be in conformance with such standards as may be specified and required in Chapter 200, Subdivision and Land Development, or other Borough, county, or state law:
B.
Streetlights shall be provided by the developer throughout the planned residential development. The streetlights shall be located to ensure adequate lumination in order to protect the safety of the residents of the planned residential development.
C.
Proposed streets shall be related to street plans or parts thereof as have been officially adopted by the Borough. Proposed streets shall conform to the requirements herein as well and as to any other plans, statute, ordinance, law or regulation applicable thereto. Streets shall be logically related to the topography in order that usable lots and reasonable grades shall be produced. Minor streets shall be so laid out as to discourage through traffic, but provisions will be required for street connections into and from adjacent areas.
D.
Where a planned residential development abuts or contains an existing or proposed major traffic street, the Council may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with major streets, and separation of local and through traffic.
E.
Drainage structures, culverts, storm sewers, ditches, and related installations shall be provided to insure adequate drainage of all points along the streets.
F.
Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the planned residential development. Concrete monuments shall also be placed along points of curves of streets and at street intersections. Iron or steel markers shall be set on all property corners.
G.
Pedestrian interior walks shall be required where necessary to assist circulation or provide access to community facilities. Such interior walks shall have a paved width of not less than four feet.
H.
When topsoil has been removed from the surface on a slope where erosion may cause a displacement of loose material, the area shall be seeded within two weeks, or with Council approval, treated as soon as possible to prevent damage to adjacent property or streets.
I.
If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned development, the developer shall present evidence to Council that the planned development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
J.
Compliance with the landscape plan.
§ 225-48 Final review.
§ 225-49 Final approval.
A.
In the event the application for final approvals has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this chapter and the official written communications of tentative approval, Council shall, within 45 days from the date of the regular meeting of the governing body or planning agency, whichever first reviews the application, next following the date of the application filed grant such a development plan final approval; provided, however, that, should the next regularly scheduled meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the date of the application has been filed.
B.
In the event the development plan as submitted contains variations from the development plan given tentative approval, Council may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the governing body or the planning agency, whichever first reviews the application, next following the date of the application as it is filed so advised the landowner in writing of said refusal setting forth in said notice the reasons why one or more said variations are not in the public interest; provided, however, that, should the next regularly scheduled meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the date of the application has been filed. In the event of such refusal, the landowner may either refile his application for final approval without variations suggested or file a written request with the governing body that it hold a public hearing on the application for final approval.
C.
In the event of such refusal, the landowner may either refile his application for final approval without the objectionable variations; or file a written request with Council that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternative 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 alternative 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 article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the public hearing, Council shall by official written communication, either grant or deny final approval to the development plan. The grant or denial of final approval of the development plan shall be in the form and contain the findings required for an application for tentative approval set forth in this article.
D.
Failure of Council to render 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.
§ 225-50 Recording.
The developer shall record the approved development plan forthwith in the office of the Recorder of Deeds of Allegheny County before any development shall take place. Upon the filing of a development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. No subsequent change or amendment in the zoning or subdivision regulations shall be applied to the approved development plan within five years of the date of final approval that would adversely affect the right of the applicant to commence and complete any aspect of the approved plan in accordance with the terms of such approval. Upon approval of a final plat, the developer shall record the plat and post financial security in accordance with the provisions of Chapter 200, Subdivision and Land Development. (See latest edition of the MPC.)
§ 225-51 Abandonment.
In the event that a development plan, or a part thereof, is given final approval and thereafter the landowner shall abandon such plan or the part thereof that has been finally approved, and shall so notify Council in writing, or, if the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in Section 506 of the Pennsylvania Municipalities Planning Code[1] 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 reclassified by enactment of an amendment to this chapter.
[1]
Editor's Note: See 53 P.S. § 10506.
§ 225-52 Development standards.
A.
Planned residential development site requirements. The site for any development plan shall meet the following requirements:
(1)
Ownership. The entire site for the development plan shall be owned or controlled by the developer.
(2)
Minimum size. The site shall not be less than 20 contiguous acres.
(3)
Frontage. The minimum frontage abutting on a public right-of-way shall not be less than 300 feet.
(4)
Access. The site must provide for direct access from arterial streets indicated in the Comprehensive Plan to assure convenient and safe access which will not cause undue congestion or hazard on local streets.
(5)
Safety. The site shall be of such a character so as to avoid danger to health or peril from fire, flood, or other hazard. Land containing or providing hazards to life, health, and property, such as quarries, open ditches, land subject to flooding, subsidence, landslides, or underground fires, shall not be subdivided for residential purposes until such hazards have been eliminated or adequate safeguards are provided under the development plan.
B.
Streets. Council shall not approve any plat unless all streets thereon shall be in compliance with Chapter 200, Subdivision and Land Development.
C.
Water and sewer systems. The water supply and sewage disposal systems for the planned development shall meet the design standards and requirements of the governmental authorities having jurisdiction thereof.
D.
Permitted uses. Single-family dwellings, two-family dwellings, townhouses, recreational facilities, any individual use not specifically excluded, and accessory uses may be permitted in a planned residential development provided their design, arrangement, landscaping and construction meet the requirements set forth in this chapter.
E.
Permitted density. The number of dwelling units shall not exceed three per acre.
F.
Yard and open space requirements. No development plan shall be approved unless the following requirements for yards and open space are met:
(1)
Not less than 20% of the total area shall be set aside for open space and usable recreation area.
(2)
Minimum building setback. No structure shall be located closer to any boundary of the site than 75 feet.
(3)
The total building coverage shall not exceed 10% of the total site area.
(4)
Space between buildings. Every structure shall be separated by not less than 50 feet from any other structure on the site.
G.
Buffer yard. A buffer yard, consisting of 40 feet in width of natural vegetation, shall be preserved and maintained as a natural buffer between the PRD perimeter and adjacent property.
H.
Maximum size of structure. No structure shall have a maximum dimension greater than 100 feet nor height greater than 35 feet. Chimneys, spires, towers or similar projections may exceed the prescribed height limitation by not more than 25%.
I.
Building groupings. Structures shall be oriented so as to insure 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 loading or parking facilities.
J.
Common open space reservation. Common open space generated by the application of the provisions of this chapter shall be developed to a degree commensurate with its location and probable usage. The common open space shall be so dedicated or otherwise preserved and maintained so as to always remain open and available for use by the occupants of the development area. The land and facilities to be used for common open space may be acceptable if either of the following conditions are met:
(1)
The land and facilities shall be dedicated for public use, with the accepting body agreeing to operate and maintain the dedicated land and facilities for the originally intended use.
(2)
The land and facilities shall be deeded to an organization representing the property owners of the development. The organization shall covenant to operate and maintain the land and facilities for their originally intended use.
K.
Common open space maintenance. In the event that the organization established to own and maintain common open space, or any successor organization shall at any time after establishment of the development plan fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the municipality may take remedial actions to cause the common open space to be properly maintained, as provided by the Pennsylvania Municipalities Planning Code.
L.
Natural features and environmental protection requirements. Existing natural features which would add value to the subdivision and the Borough, such as trees, steep slopes, watercourses, wetlands, areas of historical significance and similar irreplaceable assets, shall be preserved, insofar as possible through careful design of the subdivision or land development. Clearance of trees, vegetation or grading of site shall be in accordance with Borough ordinances. The following provisions shall apply to all uses of land in all districts unless otherwise noted:
(1)
All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase “a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion and siltation to an absolute minimum.
(2)
Natural vegetative cover of any lot shall not be removed for construction or any other activity except as permitted in Table 1.[1] The purpose of this requirement is in order to retain a natural environment and native plants.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(3)
No cut or fill grade shall exceed a slope of 2/1 or 50%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts and fills on land naturally exceeding 2/1 in slope.
(4)
Slopes. In areas of slopes, i.e., those above 8%, the following standards shall apply:
(a)
Eight percent to 15%: no more than 35% of such areas shall be developed and/or regraded or stripped of vegetation.
(b)
Fifteen percent to 25%: no more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.
(c)
Twenty-five percent or more: no more than 20% of such areas shall be developed and/or regraded or stripped of vegetation.
(5)
No grading, cutting, filling or other disturbing of the land or the natural vegetation is permissible within the floodplain of one-hundred-year frequency or within 50 feet of any flowing stream except as permitted by action of Council. In such cases permission may be granted provided the appropriate Department of Environmental Protection agency, or any successor agency, provides adequate justification and/or grants permission.
(6)
Tree protection. It is the expressed intent of this chapter that every effort be made through the design, layout, and construction of development projects to incorporate and save as many trees as possible. No person shall cut or clear trees for the sole purpose of offering land for sale.
§ 225-53 Improvement standards.
The Borough Council may impose standards for streets, walkways, curbs, gutters, streetlights, shade trees, water, sewage and drainage facilities, and other improvements otherwise required under Chapter 200, Subdivision and Land Development. However, the Borough Council may approve modifications or changes in such standards subject to the "modification" provisions of Chapter 200, Subdivision and Land Development, where the applicant can demonstrate that a modification is necessary to preserve existing trees or vegetation, or to accommodate innovative site design.
§ 225-54 Guarantee of improvements.
The provisions of § 225-62 of this chapter are incorporated herein by reference as though fully set forth herein.
§ 225-55 Enforcement and modification of development plan provisions.
A.
To ensure the integrity of the development plan and guarantee that modifications in the plan do not adversely affect the public interest, the enforcement and modifications of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
(1)
Provisions in favor of the Borough. The provisions of the development plan relating to the use and location of buildings and structures; the quality and location of common open space, except as otherwise provided in this chapter; and the intensity of use or the density of residential units, shall run in favor of the Borough, without limitation on any powers of regulation otherwise granted the Borough by law.
B.
All those provisions of the development plan authorized to be enforced by the Borough Council under this section may be modified, removed, or released by the Council, except grants or easements relating to the service or equipment of a public utility subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the development plan by the Borough 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.
(2)
No modification, removal or release of the provisions of the development plan by the Borough shall be permitted except upon the findings by the Council, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of the Pennsylvania Municipalities Planning Code. 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.
§ 225-56 Enforcement remedies.
See § 225-60B, which is incorporated herein by reference.