The purpose of this Part is:

      A.   To ensure that the provisions of this Chapter which are concerned with the uniform treatment of dwelhng type, bulk, density and open space within each zoning district need not necessarily be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of that zoning ordinance.

      B.   To encourage innovations in residential development and renewal so that the growing demand for housing may be met by a greater variety in type, design and layout of dwelhng, and by the conservation and more efficient use of open space supplementary to said dwelhngs.

      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 pubhc services and to reflect changes in the technology of land development so that the economies so secured may endure 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, floodplains, ground water, wooded areas and areas of unusual beauty or importance to the natural ecosystem.

      F.   And 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 it 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 estabhshed hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.

(Ord. 462, 8/14/1995, §1200)

In order to be eligible to receive consideration for tentative approval by the Borough, a proposed PRD shall meet the following basic conditions:

      A.   The development shall consist of a contiguous area of at least 3 acres.

      B.   The entire development shall be served by public water supply and sewage disposal systems.

      C.   The proposed development is consistent with the Borough Comprehensive Plan.

(Ord. 462, 8/14/1995, §1201)

   1.   Application and Tentative Approval.

      A.   Initial Procedures.

         (1)   Prior to the actual submission of a formal application for tentative approval, prospective developers are encouraged to meet informally with the Borough Planning Commission to discuss their proposed development. This will provide the opportunity for an exchange of ideas and information that may possibly affect the proposed development.

         (2)   A formal application for tentative approval, shall be submitted by a prospective developer to the Borough Secretary, along with a nonrefundable processing fee in an amount as established from time to time by resolution of Borough Council. In addition, an initial deposit in an amount as established from time to time by resolution of Borough Council shall accompany the application to be applied by the Borough against its out-of-pocket expenses of processing the application. Additional sums may be requested by the. Borough from the prospective developer as the application is being processed, if processing costs should exceed the initial deposit. Any unused portion shall be returned to the developer. [Ord. 553]

         (3)   The application for tentative approval shall consist of 21 copies of all drawings and required documentation necessary to enable the Borough to determine that all applicable requirements shall be met. Additional copies of the application may be required, as considered necessary by the Borough. [Ord. 553]

         (4)   Upon receipt of a completed application, the Borough Secretary shall distribute copies as follows:

            (a)   Seven (7) copies to Borough Council.

            (b)   Two (2) copies to the Borough Engineer.

            (c)   One (1) copy to the Perry County Planning Commission.

            (d)   Seven (7) copies to the Borough Planning Commission. [Ord. 553]

            (e)   One (1) copy shall be retained by the Borough Secretary.

            (f)   One (1) copy to the Borough Solicitor.

In addition, copies may be sent to other appropriate individuals and agencies as considered necessary or desirable.

         (5)   All comments concerning the application, resulting from the reviews conducted by the various agencies and individuals shall be communicated to the Borough within 30 days of the date the application was forwarded by the Borough.

      B.   Public Hearings.

         (1)   Within 60 days after the filing of an apphcation for tentative approval of the planned residential development pursuant to this Part, a public hearing pursuant to public notice on said application shall be held by the Borough Council in the manner prescribed in the municipalities Planning Code for the enactment of a zoning amendment. The chairman, or in his absence the acting chairman, of the Borough Council or its designated agent may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.

         (2)   A verbatim record of the hearing shall be caused to be made by the Borough Council whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting it, and the expense of 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.

         (3)   Borough Council may continue the hearing and may refer the matter back to the Borough Planning Commission for additional review and comment, provided however, that in any event, the public hearing shall be concluded within 60 days after its commencement.

      C.   Findings.

         (1)   Within 60 days following the conclusion of the public hearing provided for in this Part, or within 180 days after the date of filing of the application, whichever occurs first, Borough Council shall, by official written communication, to the landowner, either: [Ord. 553]

            (a)   Grant tentative approval to the development plans as submitted.

            (b)   Grant tentative approval subject to specified conditions not included in the development plans as submitted.

            (c)   Deny tentative approval to the development plan.

         (2)   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 Borough Council notify 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.

         (3)   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 reason 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:

            (a)   In those respects in which the development plan is or is not consistent with the Borough Comprehensive Plan.

            (b)   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 pubhc interest.

            (c)   The purpose, location and amount of the common open space in the planned residential development, and rehability 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.

            (d)   The physical design of the development plan and the manner in which said design does or does not make adequate provisions for said pubhc services, provide adequate control over vehicular traffic, and further the amenities of hght and air, recreation and visual enjoyment.

            (e)   The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be estabhshed.

            (f)   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.

         (4)   In the event that a development plan is granted tentative approval., with or without conditions, the Borough Council may set forth in the official written communication the time within which an application for final approval of the development plan shaU be filed or, in the case of a development plan which provides for development over a period of years, the period of time within which apphcation's for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so estabhshed between grant of tentative approval and on apphcation for final approval shall not be less than 3 months and, in case of development over a period of years, the time between apphcations for final approval of each part of a plan shall be not less than 12 months.

      D.   Status of Plan after Tentative Approval.

         (1)   The official written communication provided for in the preceding subsection (C) shall be filed in the Borough Secretary's office, and a copy shall be mailed to the landowner. Where tentative approval has been granted, the same shaU be noted on the zoning map.

         (2)   Tentative approval of a development plan shall not qualify a plot 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 municipality 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.

         (3)   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 Borough Zoning Map and in the records of the Borough Secretary.

      E.   Development in Stages.

         (1)   A developer may construct a PRD 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 Chapter.

            (b)   At least 15% of the dwelling units in the plan given tentative approval are included in the first stage.

            (c)   At least 50% 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 economicaUy sound units of development. In no event shah such stages contain less than 15% of the total dwelhng 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 dwelhng of the area which includes stages already finaUy approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelhng unit allowed for the entire planned residential development in the tentatively approval plan. Where it is necessary to aUocate open spaces 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 municipahty specifying the amount and, if necessary, the location of open space.

   2.   Application for Final Approval.

      A.    Submission of Application.

         (1)   Apphcation for final approval shall be submitted by the prospective developer to the Borough Secretary within the time or times specified in the official written communications granting a tentative approval. The apphcation may be for all, or only a portion of, the apphcation which had been granted tentative approval by the Borough. An initial deposit in an amount as established from time to time by resolution of Borough Council shall accompany the application to be applied by the Borough against the expenses of processing the apphcation. Additional deposits may be requested by the Borough if processing costs should exceed that amount. Any unused portion shall be returned to the developer. A condition for final approval shall be that, the developer has reimbursed the Borough of Marysville for ah costs incurred by the Borough in the review of the tentative and final plans. [Ord. 553]

         (2)   The apphcation for final approval shall consist of 18 copies of aU drawings and other required documentation necessary to enable the Borough to determine that aU apphcable requirements shaU be met. Additional copies of the apphcation may be required, as considered necessary by the Borough.

         (3)   Upon receipt of a completed application, the Borough Secretary shall distribute copies as follows:

            (a)   Seven (7) copies to Borough Council.

            (b)   Two (2) copies to the Borough Engineer.

            (c)   One (1) copy to the Perry County Planning Commission.

            (d)   Five (5) copies to the Borough Planning Commission.

            (e)   One (1) copy shall be retained by the Borough Secretary.

            (f)   One (1) copy to the Borough Solicitor.

In addition, copies may be sent to other appropriate individuals and agencies as considered necessary or desirable.

         (4)   All comments concerning the application resulting from the review conducted by the various agencies and individuals shall be communicated to Borough Council within 30 days of the date the application was forwarded by the Borough.

      B.   Review Procedures.

         (1)   If the application is in compliance with the plan which had received tentative approval, a public hearing need not be held and the Borough shall grant final approval within 45 days from the date of the regular meeting of the Borough Council, next following the date the application is filed. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the 45 day period shall be measured from the 30th day following the day the application has been filed. [Ord. 553]

         (2)   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 45 days from the date of the regular meeting of the Borough Council, next following the date the application is filed, 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. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the 45 day period shall be measured from the 30th day following the day the application has been filed. In the event of such refusal, the landowner may either: [Ord. 553]

            (a)   Re-file his apphcation for final approval without the variations objected to.

            (b)   File a written request with the Borough Council that it hold a public hearing on his apphcation 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 with 30 additional days if the time for applying for final approval shaU have already passed at the time when the landowner was advised that the development was not in substantial comphance. In the event the landowner shaU fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such pubhc hearing shall be held pursuant to pubic 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 pubhc hearings on apphcation for tentative approval. Within 30 days after the conclusion of the hearing, Borough Council shaU, by official written communication, either grant final approval to the development plan, or deny final approval. The grant or denial of final approval for the development plan shah, in cases arising under this Part, be in the form and contain the findings required for an application for tentative approval set forth in this Part. Failure of the Borough Council to render a decision on an application for final approval and communicate it to the apphcant within the time and in the manner required by this Section shaU be deemed an approval of the apphcation for final approval, as presented, unless the apphcant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner or presentation of communication shall have like effect. [Ord. 553]

A development plan or any part thereof, which has been given final approval shaU be so certified without delay by Borough Council and shall be filed of record forthwith by the developer in the officer 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 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 for a period of 3 years after final approval except with the consent of the landowner.

         (4)   In the event that a development plan, or section, phase or stage thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Borough council in writing, or, in the event the landowner shall fail to commence and carry out the planned residential development within 3 years after final approval has been granted, no development or further development shall take place on the property included in the development until after the said property is re-subdivided and is reclassified by enactment of an amendment to this Chapter.

      C.   Guarantees, Dedications, Permits.

         (1)   Performance Guarantee.

            (a)   Prior to release of the approved plan for recording, the developer shall guarantee the installation of all required improvements by posting a performance guarantee in the amount of 110% of the cost of all improvements as estimated by the Borough Engineer for that portion of the development for which final approval has been granted.

            (b)   The performance guarantee shall be in a form allowed by the Municipalities Planning Code. The performance guarantee shall be submitted in a form and with a surety approved by the Borough Solicitor guaranteeing the construction and installation of all improvements within a stated period not to exceed 3 years from the time of final approval.

            (c)   The amount of performance guarantee may be reduced as portions of the required improvements have been installed and shall be released upon satisfactory completion of all improvements.

         (2)   Dedication and Maintenance Guarantee.

            (a)   The Borough, as a condition of tentative and final approval of a plan, may require dedication of streets, recreational facilities, drainage easements, water and sewer facilities, and other improvements.

            (b)   All streets, recreational facilities, surface drainage, water and sewer facilities, and other improvements shown on the plan as finally approved shall be privately owned until such time as they have been offered for dedication to the Borough and formally accepted by Borough Council.

            (c)   Before accepting any such offer of dedication, Borough Council shall require the developer to file a maintenance guarantee in an amount not less than 10% of the Borough Engineer's estimate of the cost of such improvements to be dedicated. Such maintenance guarantee shall be in a form and with a surety approved by the Borough Solicitor guaranteeing that the developer shall maintain all such improvements in good condition for a period of 2 years after completion of construction or installation of such improvements as such completion is certified by the Borough Engineer.

            (d)   At the end of the 2 year period, the Borough shall release the maintenance guarantee if the improvements are in good condition. Prior to such release the Borough may require any needed items of maintenance to be performed.

         (3)   Permits.

            (a)   Issuance of permits and matters pertaining to administration of the plan as finally approved shall be the responsibility of the designated Borough official.

            (b)   Upon application of the landowner showing compliance with the requirements of final approval, the Zoning Officer shall issue permits for construction pursuant to the plan, or any section thereof.

            (c)   The provisions of Part 9 of this Chapter shall be fully applicable to the plan as finally approved insofar as the provisions thereof are consistent with the provisions of this Part and the conditions of final approval. The Zoning Officer or Borough Engineer, as determined by Borough Council, shall review the progress and status of construction of the plan and render monthly progress reports thereon to Borough Council in order to assure compliance with the provisions of this Part and any conditions of final approval.

(Ord. 462, 8/14/1995, §1202; as amended by Ord. 553, 5/10/2004, §1)

   1.    Applications for Tentative Approval.

      A.    Applications for tentative approval shall include but not be limited to the following information and documentation:

         (1)   A location map drawn at a scale no smaller than 1 inch equals 1, 000 feet, showing the proposed site in relation to municipal boundaries, pubhc streets, roads, and other rights-of-way, public utilities, and all abutting properties.

         (2)   The zoning district classification of the proposed site and surrounding areas within 1,000 feet.

         (3)   Plans of the proposed development shall be drawn at a scale of no smaller than 1 inch equals 100 feet and shah include at least the foUowing information:

            (a)   Name and address of record owner.

            (b)   NameofPRD.

            (c)   Name and address of developer, if different from owner.

            (d)   Name and seal of registered engineer, surveyor, architect, or landscape architect responsible for preparing the plan.

            (e)   North arrow, scale and date.

            (f)   Tract boundaries and a statement of total coverage.

            (g)   Existing and proposed contours with a vertical interval of not more than 2 feet for areas of less than 8% slope and of not more than 5 feet for areas with a slope greater than 8%.

            (h)   Soil types based upon the USDA SoU survey of Perry County.

            (i)   Existing and proposed drainage patterns and facihties as required by the Borough Erosion and Sedimentation Control Ordinance including the identification of any areas subject to flooding.

            (j)   Existing natural features such as tree masses, individual trees 4 or more inches in diameter, rock outcroppings, watercourses, and any other noteworthy features.

            (k)   Existing and proposed streets within and adjoining the tract, including rights-of-way, cartway widths and names.

            (l)   The total number of proposed dweUing units, with subtotals by housing type.

            (m)   The average gross residential density.

            (n)   The location, size and description of all buildings, structures, parking areas, sidewalks and pathways.

            (o)   Existing and proposed property lines within the tract, together with lot areas.

            (p)   Existing and proposed easements, covenants, rights-of-ways, or other restrictions within the tract.

            (q)   Existing and proposed systems for water supply, sewage disposal, and other utilities and public facilities.

            (r)   The location, size, ownership and manner of maintenance of the common open space areas indicating the nature of the facilities and their proposed use, and proposed documentation such as declarations and bylaws which provide for the ownership, management, and maintenance of common areas.

            (s)   A preliminary landscape planting plan showing the location and identification of all proposed plants, as well as the location and type of all existing vegetation that will be preserved.

            (t)   A plan and schedule of development for the entire tract.

            (u)   A written statement by the landowner setting forth reasons why, in his opinion, the PRD would be in the public interest and would be consistent with the Borough Comprehensive Plan.

The following preliminary data shall also be provided:

         (1)   Cross-section drawings for all proposed streets, showing rights-of-way, cartway paths, location of sidewalks and planting strips.

         (2)   Profile drawings of all proposed streets showing existing and proposed grades.

         (3)   Plans and profiles of proposed sanitary and storm sewers, including grades and pipe sizes.

         (4)   Plans of the proposed water supply system showing pipe sizes and location and valves and fire hydrants.

         (5)   Designs for any bridges, culverts, etc., which may be required.

         (6)   A sewer module or report by the appropriate sewage enforcement officer confirming the availability of sanitary sewage disposal to the PRD.

         (7)   An erosion control plan as required by state law and Borough ordinances, which plan shaU be submitted to the Perry County Soils Conservation Service.

   2.    Applications for Final Approval.

      A.   The apphcation for final approval shall include all the data requirements for tentative approval set forth in § 27-1204(1) above.

      B.   Applications for final approval shall include, but not be hmited to, the following information and documentation:

         (1)   Plans of the proposed development shall be drawn at a scale of no smaller than 1 inch equals 100 feet and shaU show at least the following information:

            (a)   All abutting properties shall be shown, with the names of owners noted.

            (b)   The tract boundary hnes of the property being developed with accurate distances to hundredths of a foot and bearings to seconds.

            (c)   The location and evaluation of all perimeter monuments, properly referenced.

            (d)   A statement of the total area of the property being developed.

            (e)   Certification of accuracy of the drawn plan and survey by an individual authorized to provide such a certification under State law.

            (f)   Significant physical features within the proposed development tract, as in the prehminary plan, including proposed contours and final grades.

            (g)   Location and acreage of all proposed land uses, including residential uses by type, community facihties, recreation, open space, etc.

            (h)   The locations and heights of all building and structures, including all free-standing signs, and distance between buildings and between buUdings and streets and/or property hnes.

            (i)   Number of dwelling units, by type, number of rooms and the location and square footage of floor space to be devoted to non-residential use, together with use specifications.

            (j)   Other statements of proposed densities and percentages as pertain to the requirements of this Part.

            (k)   The location, square footage, and number of car spaces in all parking areas and/or specifications of type and size of other parking facilities.

            (l)   Architectural drawings and rendering of typical structures and improvements.

            (m)   Any property lines within the PRD shall be completely dimensioned.

            (n)   Lot numbers and the total number of lots and parcels, together with all lot areas.

            (o)   Location and size of all public and/or common recreation areas, facilities, and open space areas, their ownership, proposed maintenance, offers of dedication or covenants governing their use, and articles and bylaws for the entity responsible for the future management and maintenance of the common areas.

            (p)   The following data for all proposed and existing streets on or adjoining the tract:

               (i)   The name, proposed name, or number of the street.

               (ii)   The cartway width and curb lines,

               (iii)   The right-of-way width and lines.

               (iv)   If the PRD proposes a new street intersection with a state legislative route, the occupancy permit number (s).

               (v)   The location and elevation of all street monuments.

               (vi)   The lengths of all straight lines, radii and lengths of curves, and tangent bearings for each street.

               (vii)   Final street profiles, cross-sections and specifications.

            (q)   Locations and widths of all private driveways and pedestrian walkways, if any, and any controls proposed at their intersections with streets carrying vehicular traffic.

            (r)   Proposed systems for drainage, water supply and sewage disposal including:

               (i)   Location, size and invert elevations of all sanitary sewer, water distribution and storm drainage systems and the location of aU manholes, inlets and culverts,

               (ii)   Final profiles, cross-sections, and specifications.

            (s)   Letters from both the sewer and water authorities certifying that each can provide adequate service to the proposed development. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots, applicants shall present evidence to the Borough Council or Planning Commission, as the case may be, that the PRD is to be supphed by a certified public utility, a bona fide coorperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of pubhc convenience from the Pennsylvania Public Utihty Commission or an apphcation for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shaU be acceptable evidence. [Ord. 553]

            (t)   Exact location of all fire hydrants, transmission lines, etc., within the proposed land development tract and within 200 feet of its boundaries.

            (u)   Location, width, and purpose of existing and proposed easements and utihty rights-of-way.

            (v)   Copies of other deed restrictions to be imposed upon the use of land, buildings and structures.

            (w)   A detailed planting and landscape plan showing the location and identification of all proposed planting and landscaping, as weU as the location and type of all existing vegetation and features that wiU be preserved.

            (x)   A notarized certification of ownership, acknowledgment of plan, and any offer of dedication lettered on the plan, duly acknowledged and signed by the owner of the property. The foUowing final date shaU also be provided:

               (i)   Cross-section drawings for all proposed streets, showing rights-of-way, cartway widths, location of sidewalks and planting strips.

               (ii)   Profile drawings of all proposed streets showing existing and proposed grades.

               (iii)   Plans and profiles of proposed sanitary and storm sewers, including grates and pipe sizes.

               (iv)   Plans of the proposed water supply system showing pipe sizes and location of valves and fire hydrants.

               (v)   Designs for any bridges, culverts, etc., which may be required.

               (vi)   An approved erosion control plan, an approved sewer module or satisfactory Sewage Enforcement Officer's report, as apphcable, and an approved water quality management permit, if applicable.

               (vii)   Any other certificates, affidavits, endorsements, dedications, etc., that may be required by the Borough.

(Ord. 462, 8/14/1995, §1203; as amended by Ord. 553, 5/10/2004, §1)

   1.   General Conditions.

      A.   Consideration shall be given to apphcable provisions of the Borough and any County and regional comprehensive plans as they pertain to future school sites, recreation sites, water supply and sewage treatment systems, streets and highways, and other public facilities where appropriate.

      B.   The proposed PRD shall take into consideration and be coordinated with existing adjacent development.

      C.   Lands with unsafe or hazardous conditions such as unconsolidated fill, floodprone areas, steep slopes, etc., shall not be developed unless adequate safeguards are provided.

   2.   Permitted Uses and Densities.

      A.   Permitted Uses.

         (1)   Within any R-l District, a PRD may include the following uses:

            (a)   Single-family detached.

            (b)   Single-family attached (townhouses)

            (c)   Two-family semi-detached (twin).

            (d)   Two-family detached (duplex).

            (e)   Cluster development.

         (2)   Within any R-2 District, a PRD may include the following uses:

            (a)   Any of the uses noted in §1205(2)(A)(1) above.

            (b)   Garden apartments.

            (c)   Mid-rise apartments in accordance with the provisions of §1106 of this Chapter.

      B.   Densities.

         (1)   The maximum allowable average gross residential density for planned residential development shall be six dwelling units per acre in a R-l District, with the exception that a higher density may be allowed in accordance with the bonus provisions contained in this Part. In no instance shall the average residential density exceed eight dwelling units per acre in an R-1 District.

         (2)   The maximum allowable average gross residential density for planned residential developments shall be twelve dwelling units per acre in a R-2 District, with the exception that a higher density may be allowed in accordance with the bonus provisions contained in this Part. In no instance shall the average gross residential density exceed 15 dwelling units per acre in a R-2 District.

         (3)   No commercial development shall be allowed unless expert, third party, market analysis shows to the satisfaction of the municipality that such commercial development will be needed to serve the residential development of the planned residential development and nearby community.

         (4)   Not less than 20% of the total area of the planned residential development shall be designated as and devoted to common open space.

      C.   Density Bonus. For each additional percentage point of land in common open space above 20%, the permissible average gross residential density as stated in § 27-1205(2)(B)(l) and (2) above may be increased by up to 3%.

      A.   The following standards and requirements shaU apply in addition to the standards and requirements contained elsewhere in this Chapter and in other apphcable codes and ordinances.

         (1)   Building Location.

            (a)   AU buUdings and structures shaU be designed and sited with regard to the topography and natural features of the site. The effects of prevaUing winds, seasonal temperatures, andhours of sunlight on the physical layout and form of aU proposed buUdings and structures shaU be taken into account.

            (b)   AU housing shall be sited so as to enhance privacy and insure natural light for all principal rooms.

            (c)   Variations in setbacks shaU be provided where necessary to create a more pleasing layout.

            (d)   Housing and other facilities near the periphery of the development shall be designed so as to be harmonious with neighboring areas.

            (e)   No residential building shall be located within 20 feet of any private street, road, access road, or parking area, except for the purpose of providing direct access to the building for service, maintenance, or other necessary purpose.

            (f)   No structure shaU be less than 25 feet from the property lines of the development.

         (2)   Conservation of Trees and Natural Resources.

            (a)   The development shall be designed and programmed so as to minimize earthmoving erosion, tree clearance, and the destruction of natural amenities.

            (b)   Existing trees shaU be preserved wherever possible. Existing tree masses or individual trees with a cahper of 4 or more inches shaU not be removed unless approved by the Borough.

         (3)   Street Design.

            (a)   The street system shaU be designed so as to minimize street intersections as well as pedestrian and vehicular conflict points.

            (b)   All access driveways and service drives shall have paved cartways at least 20 feet in width.

            (c)   Dead-end streets are prohibited.

            (d)   Any temporary dead-end street which is necessary for future access to an adjoining property, shall be provided with a temporary, all weather turnaround.

            (e)   The grade within any turnaround area shall not exceed 5%.

         (4)   Sidewalks. Sidewalks and other walkways shall be provided for the safety and convenience of pedestrians within the development. Special attention shall be given to providing for such circulation between dwelling units and parking areas, commercial areas, and common open space areas.

         (5)   Lot Design.

            (a)   The size, shape, and orientation of lots shall be appropriate for the type of development and use contemplated.

            (b)   Insofar as practical, side lot lines shall be at right angles to straight street lines and radial to curved street lines, except where the development is designed to provide for the use of active or passive solar energy systems, in which case lot 105 lines may be oriented in a north/south direction regardless of the angle of incidence with the street line.

            (c)   Where feasible, lot hnes shall follow municipal boundaries, rather than cross them, in order to avoid jurisdictional problems.

            (d)   Generally, the depth of residential lots shall not be less than one or more than two-and-one-half times their width.

            (e)   Any subdivision of land should avoid the creation of any undersized parcels or remnants which are not usable.

         (6)   Lot Access.

            (a)   Driveways to single-family residences shall intersect streets at angles of not less than 60°. All other driveways or access roads shall intersect streets at right angles where possible, but in no case at an angle of less than 75°.

            (b)   The width of access roads or driveways shall be as follows:

            (i)   Access roads or drives for multi-family residential and non-residential uses shall not be less than 20 feet or more than 36 feet in width, unless provided with a median divider.

            (ii)   Driveways for a single-family residential uses shall not be less than 10 feet or more than 20 feet in width.

            (c)   To provide a safe and convenient ingress and egress, the curbs of access roads and driveway entrances shaU be rounded as follows:

            (i)   Access road entrances and driveways for multi-family residential development shah be rounded with a minimum radius of 10 feet.

            (ii)   Driveway entrances for single-family residential development shall be rounded with a minimum radius of 5 feet.

            (d)   Access road and driveway grades should not exceed the foUowing:

            (i)   10% for single-family development.

            (ii)   7% for multi-famUy and non-residential development, (hi) 4% within 50 feet of any intersection with a street.

            (e)   The intersection of the centerline of an access road or driveway with a street shaU not be closer to the point of intersection of any two street centerhnes than the following:

            (i)   75 feet in single-famUy residential areas.

            (ii)   150 feet in multi-family and non-residential areas.

      B.   Parking.

         (1)   Parking areas shaU be arranged so as to prevent through traffic to other parking areas.

         (2)   All parking areas ;shall be at least 20 feet from aU residential buildings, streets, access roads, and other parking areas, and shall be adequately screened by use of plantings, earth berms, changes in grade, waUs, fences, or some other screening approved by the Borough.

         (3)   Landscaping generally, shall be provided in accordance with subsection (H) of this Section.

         (4)   No more than 40 parking spaces shall be provided in any single parking area.

         (5)   Not more than eight parking spaces shall be provided in a continuous row without being interrupted by a planting area and acceptable tree planting.

      C.   Planting Requirements.

         (1)   All parking areas shall be landscaped with trees and shrubs of varying species.

         (2)   Shade trees shall be planted along all streets. At least 1 tree of 2 inch caliper shall be planted at intervals of not more than 40 feet along each side of the street.

         (3)   The entire perimeter of the tract being developed shall be provided with a 15 feet planting strip. The amount, density of planting and types of plant materials shall be based upon existing conditions, proximity to existing dweUings, compatibility of adjacent uses, and any other pertinent considerations. Where adjacent property has been developed in such a manner that privacy from the PRD is desirable, the planting shall be of sufficient density and certain sufficient evergreen materials to provide an effective screen. In other areas, particularly where vegetation already exists, the planting area might be left in its natural state and supplemental as deemed necessary by the Borough.

         (4)   Trees shall not be planted within 5 feet of any curb or sidewalk.

      D.   Lighting.

         (1)   Lighting shall be designed and located so as not to shine directly into residential buildings and private yards.

         (2)   All off-street parking areas, steps, ramps and frequently used walks shall be adequately lighted.

         (3)   The Borough may require additional lighting in other areas where considered necessary for public safety.

      E.   Storm Drainage and Erosion Control.

         (1)   All requirements concerning storm drainage and erosion control are contained in the Borough Erosion and Sedimentation Control Ordinance, Ord. 470, as amended, and Borough Subdivision and Land Development Ordinance, Ord. 496, as amended. [Ord. 553]

      F.    Nonresidential Facilities.

         (1)   Shopping and recreational areas within a PRD shah be located so as not to interfere with nearby residential areas.

         (2)   Refuse stations shah be designed and located so as to be convenient and unobtrusive.

(Ord. 462, 8/14/1995, §1204; as amended by Ord. 553, 5/10/2004, §1)

   1.    Standards for Location and Management of Open Space.

      A.   The open space shah 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.   There shall be provisions which insure that the open space land shall continue as such and be properly maintained. The developer shall either:

         (1)   Dedicate the land to pubhc use if the Borough or another public agency has indicated it wiU accept such, or another public agency has indicated it will accept such dedication.

         (2)   Retain ownership and responsibihty for maintenance of such open space land.

         (3)   Provide for and estabhsh one or more organizations for the ownership and maintenance of ah common open space.

In the case of subsection (B)(3), above, such organization shall be a non-profit homeowners association, unless the developer demonstrates that a community open space trust is a more appropriate form or organization.

      C.   If a homeowners association or open space trust is formed, it shah be governed according to the foUowing regulations:

         (1)   The organization shall be organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.

         (2)   Membership in the organization shall be mandatory for all landowners and purchasers of homes therein, their successors, heirs and assigns.

         (3)   The organization shall be responsible for maintenance of, insurance, and taxes for the common open space.

         (4)   The members of the organization shall share equitably the costs of maintaining and developing common 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 common open space.

         (6)   In the event that the organization established to own and maintain a common open space, or a successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in a 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 common open space in a reasonable condition, and said notice shall include a demand that such deficiencies 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 the hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which such deficiencies shall be cured. If the deficiencies set forth in the original notice or in the modifications 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 common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of 1 year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the pubhc by the residents and owners and formally accepted by the Borough pursuant to this Chapter. 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 common open space, call a pubhc hearing upon notice to such organization, or to the residents and owners of the planned residential development, to be held by the Borough, at which hearing such organization or the residents and owners of the planned residential development shah show cause why such maintenance by the Borough shaU not, at the election of the Borough, continue for a succeeding year. If the Borough shah determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during succeeding years, subject to a similar hearing and determination in each year thereafter. The decision of the Borough in any such case shaU constitute a final administrative decision subject to judicial review. 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 common open space and shah become a tax hen on said properties. The Borough, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such hen 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 the Municipahties Planning Code the provisions of the development plan relating to (1) the use, bulk and location of buildings and structures, (2) the quality and location of common open space, and (3) the intensity of use or the density of residential units, shah run in favor of the Borough and shall be enforceable in law or in equity by the Borough, without hmitations on any powers of regulation otherwise granted the Borough by law. The development plan shah specify those of its provisions which shah 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.

         (8)   If the Borough or a pubhc agency including, but not hmited to, the school district, fire department, or sewer authority, determines that land for public use will be needed as a result of the construction of the planned residential development, the developer may be required to set aside such land for eventual acquisition by the Borough or public agency. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the total dwelhng 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 Part. If the developer chooses to dedicate such land, he can benefit from an increase in permitted dwelhng units as specified in the definition of "average gross residential density."

(Ord. 462, 8/14/1995, §1205)

   1.   General.

      A.   If a prospective developer finds that any requirement of this Part is unreasonable or will result in unnecessary hardship ill concerning his proposed development, Borough Council may, upon written request, alter the provision in question, provided that such alteration will not be contrary to the public interest and that the purpose and intent of the Part will not be adversely affected.

   2.   Procedure.

      A.   A request for the alteration of any requirement shall be made in writing and shall be included with the application for tentative approval of a plan. The request shall clearly state which requirement is involved, how the requirement is unreasonable or causes an unnecessary hardship, and the nature and extent of the alteration being requested.

      B.   All requests for alterations shall be referred to the Borough Planning Commission for review and comment.

      C.   No request for any alteration shall be considered approved unless the developer has received written notice of such approval from Borough Council.

      D.   A record of the action taken on all requests for alteration to the provisions of this Part shall appear in the official minutes of Borough Council and be kept on file in the Borough office.

(Ord. 462, 8/14/1995, §1206)