Promote utilization of land not conducive to development on a lot-by-lot basis;

Encourage innovation in residential development in accordance with the changing technology of land development;

Promote flexibility in design and permit planned diversification in the location of structures;

Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities;

Preserve, to the greatest extent possible, the existing landscape features and amenities and to utilize such features in a harmonious fashion;

Provide for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures;

Combine and coordinate architectural styles, building forms and building relationships within the planned residential development; and

Ensure a quality of construction commensurate with other development in the Borough.

The planned residential development (PRD) provisions of this chapter shall be administered by the Borough Council, which shall review all applications on the basis of the specified standards, conditions, regulations and procedures. The Borough Council shall conduct public hearings and have final authority to approve, modify or disapprove development plans.

The developer shall obtain required approvals for planned residential development projects by a two-step process, which shall consist of the following:

The application for tentative and final approval of a development plan for a planned residential development described in this article shall be in lieu of all other procedures or approvals otherwise required pursuant to § 340-69, Site plan review procedures.

Residential.

Commercial.

Common open space.

Residential uses permitted in a PRD shall have no minimum lot area or dimensional requirements other than those sufficient to accommodate the use relative to other uses.

Nonresidential uses permitted in a PRD shall have no minimum lot area or dimensional requirements other than those sufficient to accommodate the use relative to other uses.

The developer shall take every precaution to preserve the natural site amenities and to minimize the disturbance to the natural environment.

The development will be designed and programmed so as to minimize earthmoving activity, erosion, tree clearance and the destruction of natural amenities.

Existing trees shall be preserved wherever possible. The location of trees must be considered when planning the common open space, location of buildings, underground service, walks, paved areas, playgrounds, parking areas and finished grade levels.

Seeding, sodding and other planting shall be applied to stabilize topsoil.

Erosion control measures, such as minimizing the area of exposed soil, mulching, building silt catchment basins and planting temporary ground cover, shall be instituted as necessary.

To ensure the preservation of topography, trees and ground cover, natural bodies of water and other significant natural features, a detailed landscaping plan and an erosion control and sedimentation plan will be required at the time of initial plan submission.

All dwelling units shall be designed with regard to topography and the natural features of the site. Orientation to the prevailing winds and the sun in the physical layout and form of the proposed dwelling units shall be taken into account.

All dwelling units shall be sited so as to enhance privacy and to insure natural light for all principal rooms.

Variations in setbacks shall be provided where necessary to create a more pleasing site design. A minimum variation of five feet in setback from a line drawn parallel to the cartway from the front of the building is required when more than two buildings are the same distance from any street or off-street area used for parking of vehicles of occupants or visitors of more than one dwelling.

The minimum distance between buildings shall be as prescribed in the following table:

Dwelling units and other facilities near the periphery of the PRD shall be designed so as to be harmonious with contiguous neighboring areas.

No structure shall be within 25 feet of the cartway of a private street or within 10 feet of any off-street area used for parking of vehicles of occupants or visitors of more than one dwelling.

No structure, except single-family detached houses, shall be closer than 50 feet from the property lines at the perimeter of the PRD (including the front property line). A planting strip of at least 20 feet shall be provided along all property lines at the perimeter of the development where necessary to protect the privacy of neighboring areas. Single-family detached houses shall be at least 35 feet from the perimeter boundary of the PRD site.

Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Local streets within the PRD shall not connect to streets outside the development in such a way to encourage their use by through traffic.

Planned residential developments will be so located with regard to major thoroughfares and uses outside the PRD so that traffic congestion will not be created by the proposed development or will be obviated by presently projected improvements off site, and that uses adjacent to such thoroughfares will not be adversely affected. The developer of a PRD may be required to pay for all or a portion of the cost of off-site traffic improvements which are required in part due to the development of the PRD.

Pedestrian circulation systems and related walkways shall be isolated completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed necessary by the Planning Commission, pedestrian underpass or overpass in the vicinity of schools, playgrounds, commercial areas and other uses which generate a considerable amount of pedestrian traffic.

All access control standards specified in Article VII of this chapter shall apply to all public and private streets within a PRD.

All parking facilities shall meet the standards specified in Article VII of this chapter.

All stormwater detention requirements specified in Article VIII of this chapter shall apply to development of a PRD.

The number of units per building shall not exceed the following:

The maximum length of residential buildings shall not exceed 150 feet for townhouse buildings or 200 feet for garden apartment buildings.

The maximum height for single-family detached dwellings and townhouses shall be 35 feet. The maximum height of garden apartments shall be 45 feet. Accessory structures to residential buildings shall not exceed 20 feet in height.

The application for tentative approval covers the entire PRD and shows the location and approximate time of construction for each stage.

At least 20% of the dwelling units in the PRD given tentative approval are included in the first stage.

At least 50% of the dwelling units in any stage are occupied before any commercial development shown in that stage can be occupied.

The second and subsequent stages shall be consistent with the tentatively approved plan. In no event shall the second or any subsequent stages contain less than 20% of the dwelling units receiving tentative approval.

Gross residential density may be varied from stage to stage. However, final approval shall not be given to any stage if the net density 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 density allowed for the entire PRD in the tentatively approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding the maximum gross residential density, the developer will be required to establish said open space in the manner prescribed in the tentative approval.

The location of common open space is delineated south of State Route 228 by the land area designated on the Zoning Map as C-1 Conservation District.

Common open space shall be distributed more or less equitably throughout the PRD in relation to the dwelling units of the people it is intended to serve and consistent with good design principles. Common open spaces shall not be isolated in one corner of the PRD but shall be highly accessible to all residents.

There shall be provisions which insure that the common open space land shall continue as such and be properly maintained. The developer shall undertake one of the following:

In the case of § 340-24B(1)(c) above, 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.

In cases where the Borough will not be accepting ownership of recreation and open space areas, the landowner shall provide for an organization or trust for ownership and maintenance. If the open space is deeded to a homeowners' association or a nonprofit corporation established on a membership basis, the developer shall file a declaration of covenants and restrictions that will govern the association.

The organization must be set up by the developer before the sale of any lots or the rental of any dwelling units within the development, and, if necessary, it must operate with financial subsidy by the developer.

All land not to be sold or developed shall be shown on the final recorded plan as "common open space" and shall be conveyed to the organization at the time of formation.

Membership in the organization is mandatory for all purchasers of homes therein and their successors.

The organizations shall be responsible for administration, maintenance, insurance and taxes on common open space.

The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.

The organization shall have or hire adequate staff to administer common facilities and maintain common open space.

The organization shall not be dissolved nor shall it dispose of the common open space by sale or otherwise, except to another organization conceived and established to own and maintain the common open space, without first offering to dedicate the same to the public.

In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the homeowners' association fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice and may take the necessary actions to correct the deficiencies and assess the cost incurred in accordance with Article VII of the Municipalities Planning Code.

Requirements of the Uniform Planned Community Act shall apply.[1]

The application for tentative approval shall be filed by or on behalf of the landowner with the Zoning Officer. The application for tentative approval shall be filed by the landowner in such form upon the payment of such fee as specified by resolution of the Borough Council. A completed application shall be deemed to be accepted when all required documentation has been filed with the Borough and all fees required herein are paid. The applicant shall be responsible for the cost of review by the Borough Engineer, Borough Solicitor, Borough staff and any outside consultant whose expertise may be required.

The application for tentative approval shall include documentation illustrating compliance with all of the standards for PRD as set forth in this article, and, where necessary, the Borough Council shall order such additional documentation as it may deem necessary to aid in its review. Ten copies of all information required for tentative approval, including the application, shall be submitted to the Zoning Officer 14 days prior to the next scheduled Borough Council meeting. A completed application shall be deemed to be accepted when all required documentation has been filed with the Borough and all fees required herein are paid.

Required documentation shall include, but is not limited to, the following:

One copy of the application and related information shall be submitted to the Butler County Planning Commission for review 14 days prior to the first Borough Council meeting when the plan is to be considered. Proof of submittal to the Butler County Planning Commission must be submitted to the Borough prior to this meeting. The County Planning Commission is required to review and report to the Borough within 30 days or else forfeit the right to review.

Within 60 days after the filing of an application for tentative approval of a PRD pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the Borough Council.

A stenographic record of the hearing shall be made by the Borough Council. The appearance fee for the stenographer shall be shared equally by the applicant and the Council. The cost of the original transcript shall be paid by the person requesting it, and the cost of additional copies shall be borne by the party(ies) requesting 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.

The Borough Council may continue the hearing from time to time; 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.

Council shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from its 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, within 60 days following the conclusion of the public hearing provided for in this article, shall by official written communications to the landowner either:

The grant or denial of tentative approval by the Borough Council shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for approval, with or without conditions, or for the denial, and said communication shall be 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 a development plan which provides for the 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 case of developments 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 provided for in this article 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, the same shall be noted on the Zoning Map.

Tentative approval of a development plan shall not qualify a plat of the PRD 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 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 written official 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, the landowner 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 Borough Secretary.

An application for final approval may be for all the land involved in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be filed with the Zoning Officer and within the time or times specified by the official written communication granting tentative approval. A second fee in an amount specified by resolution of the Borough Council shall be paid upon the filing of the application for final approval. Ten copies of all materials related to the application for final approval shall be submitted for review by the Borough Council. If the application for final approval is in compliance with the tentatively approved development plan and with any specified conditions attached thereto, a public hearing need not be held.

The application for final approval shall include, but is not limited to, the following documentation:

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 this chapter and the official written communication of tentative approval, the Borough shall, within 45 days from the date of the regular meeting of the governing body or the planning agency, whichever first reviews the application, next following the date the application is filed, grant such plan final approval.

Effect of variations.

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 Butler County 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 the time provisions stated in Section 508 of the Municipalities Planning Code, of said PRD 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 that has been 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 Municipalities Planning Code and shall post financial security in accordance with Section 509 of the Municipalities Planning Code.

In the event that a development plan or a section thereof is given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved, and shall so notify the Borough Council in writing; or in the event that the landowner shall fail to commence and carry out the PRD in accordance with the time provisions stated in Section 508 of the Municipalities Planning Code after date of final approval, 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 the Borough's Zoning Ordinance in the manner prescribed for amendments in Article XII of this chapter.

The applicant shall provide one Mylar copy and one paper copy of all plans upon recording, before any building permits are issued by the Borough.