Any type residential building except a mobile home, not exceeding three stories in height, or any combination of buildings is permitted.

Area requirements.

All buildings shall be connected to both public and community sewage disposal and water supply systems meeting standards of the State DEP.

Parking at the rate of 1 1/2 spaces for each dwelling unit shall be provided on the same property as the dwelling served.

When several multiple-family buildings are proposed on a property, the principal walls, front or rear, facing each other, shall be separated by at least 30 feet and end walls shall be no closer than 15 feet. Walls shall be considered facing each other if the planes of their surfaces are parallel or within 45° of being parallel and would overlap by at least eight feet if extended to coincide. In no case shall walls be less than 15 feet apart.

No building shall be closer than 40 feet to a public street abutting the original property or to a boundary of the property on which the plan is proposed. However, buildings may be located not less than 25 feet from a street created in the plan. Street rights-of-way shall be not less than 40 feet in width in the plan.

Single-family or two-family dwellings shall be on their own lots which shall be not less than 22,000 square feet in area and 100 feet in frontage along the street. Such dwelling building shall not be closer than 20 feet side to side or 50 feet back to back.

Once a property has been developed as a planned residential development, no additional development shall be permitted. The undeveloped portion shall be used for agricultural purposes (field crops, orchards, cattle grazing and the residence of the farm owner or manager) or shall be kept in its natural state although it may contain recreation areas and facilities for the use of residents of the plan.

If any or all lots or dwelling units in the plan are to be sold, a homeowners' association shall be established by the developer. The bylaws establishing and governing the association shall be acceptable to the Borough Solicitor as providing adequate safeguards for the Borough and plan residents. Membership in the association shall be required of every dwelling or lot owner. Voting power shall be based on one vote per owned dwelling or lot, vested in the owner. A majority vote of those present at a meeting, if at least 20% of the membership is present, shall be sufficient to act on a proposal made at a regular meeting.

All land not to be sold or developed shall be recorded in the final approved plan as common open space and shall be conveyed to the association when the association is formed. Land may be sold from the common open space for agricultural purposes only and with no development rights.

The association shall levy and collect assessments sufficient to maintain the common open space, pay taxes and insurance and cover administrative costs. The association shall be responsible for all maintenance of parking areas, access drives, utilities and facilities and may develop additional recreation facilities upon approval of the membership. The developer shall be a member of the association based on the number of recorded lots or unsold dwelling units he holds at any time.

Property boundaries described by bearings and distances, name and address of owner and developer, date of plan, scale and North arrow.

Abutting existing streets, streets to be developed in the plan, including access to parking areas and layout of spaces in parking areas.

Arrangement of proposed multifamily buildings, noting height and number of dwelling units in each and layout of lots for one- or two-family homes, if any.

Setback line around property boundary and along existing streets and streets to be developed.

Earth movement proposed to accommodate the plan, showing cut and fill and percentage of slope.

Location of sewer and water lines serving the plan as well as location of sewage disposal plant and source of water supply.

Proposed plan to collect stormwater and retard runoff.

Location of common open space areas and proposed recreation areas, showing their development.

Proposed sequence in which development will take place.

Water supply. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned residential development, applicants shall present evidence to the Borough Council that the planned residential development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, which ever is appropriate, shall be acceptable evidence.

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.

Public notice shall be given and written notice shall be given to the applicant, the Code Enforcement Officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Borough Council. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Borough Council and any other person, including civic or community organizations, permitted to appear by the Borough Council. The Borough Council shall have power to require that all persons who wish to be considered parties enter appearances, in writing, on forms provided by the Borough Council for that purpose.

The chairman, or acting chairman in the absence of the chairman, of the Borough Council shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

The Borough Council shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Borough Council. The cost of the original transcript shall be paid by the Borough Council if the transcript is ordered by the Borough Council or shall be paid by the person appealing from the decision of the Borough Council if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

The Borough Council shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their Solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

The Borough Council may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

The Borough Council within 60 days following the conclusion of the public hearing shall, by official written communication to the landowner, either:

Failure to so act with said 60-day 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 such 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.

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:

In the event 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 shall be filed or, in the case of development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of development over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.

The official written communication shall be certified by the Borough Secretary and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Zoning Map.

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, to 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 the action of the Borough pending an application or applications for final approval, without the consent of the landowner, provided an application or applications 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.

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 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 Borough Secretary.

A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Borough Council and 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, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10508, 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. Upon approval of a final plat, the developer shall record the plat in accordance with the provisions of Section 513(a) of the MPC, 53 P.S. § 10513(a), and post financial security in accordance with Section 509 of the MPC, 53 P.S. § 10509, and in accordance with the Borough's subdivision regulations.

In the event that a development plan, or a section 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 in accordance with the time provisions stated in Section 508 of the MPC, 53 P.S. § 10508, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in Article VI of the MPC, 53 P.S. § 10601 et seq., and this chapter.

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

The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.

Magisterial District Judges shall have initial jurisdiction over proceedings brought under this section.