Chester Heights City Zoning Code
ARTICLE XI
Planned Residential Development
§ 185-58 Purposes.
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.
§ 185-59 Definitions.
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.
§ 185-60 Eligibility requirements.
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.
§ 185-61 Development standards.
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.
§ 185-62 Development in stages.
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.
§ 185-63 Location and management of open space.
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.
§ 185-64 Application for tentative approval; fee.
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.
§ 185-65 Public hearings.
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.
§ 185-66 Report of findings on application for tentative approval.
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.
§ 185-67 Status of plan after tentative approval.
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.
§ 185-68 Application for final approval.
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.
§ 185-69 Amendments to approved plans.
Proposals for amendments to an approved final plan shall be acted upon in the same manner as that prescribed for the original approved plan.
§ 185-70 Amendments to approved plans after completion.
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.