West Mifflin City Zoning Code
ARTICLE VII
Planned Residential Development PRD
§ 290-37 Purpose.
The purpose of the planned residential development regulations include:
A.
Encourage innovations in residential development to meet the growing demand for housing.
B.
Encourage greater variety in type, design and layout of residential dwellings.
C.
Conserve open space and encourage a more efficient use of land and public services.
D.
Ensure increased flexibility of land development regulations.
E.
Accommodate changes in land development technology.
F.
Provide a procedure to relate the type, design and layout of residential development to the characteristics of a particular lot.
§ 290-38 Statutory authority.
The provisions of this article are enacted pursuant to Article VII of the MPC, 53 P.S. § 10701 et seq., as amended, the procedures and requirements of which are incorporated herein by reference.
§ 290-39 Compliance.
A.
A planned residential development shall be permitted as a conditional use within the specific zoning districts specified in § 290-9 of this chapter, subject to compliance with the provisions of this article, this chapter and all applicable Borough ordinances.
B.
The provisions of this article for approval of a planned residential development plan shall be a modification to and in lieu of procedures for approvals otherwise required in this chapter and other Borough ordinances. In addition to the requirements of this article, applicants and developers must also apply for and obtain any and all permits required by this chapter and any other Borough ordinance. Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
§ 290-40 Preapplication conference.
Prior to filing an application for tentative plan approval under this article, a prospective applicant should attend a preapplication conference between the prospective applicant, the Borough Solicitor, and the Zoning Officer and/or Borough Engineer to discuss the applicable regulations governing proposed development and the feasibility and timing of the applications for approval. The preapplication conference requires no formal application or fee. This opportunity is afforded to the prospective applicant to obtain information and guidance from the Borough staff before entering into binding commitments or incurring substantial expenses for plan preparation.
§ 290-41 Tentative plan application and approval procedure.
A.
Tentative plan application procedure.
(1)
An application for tentative plan approval of a PRD shall be filed with the Zoning Officer, on forms as prescribed by the Borough, at least 25 days prior to the date of the regular meeting of the Planning Commission. The tentative plan application shall not be considered complete and properly filed unless or until all items required by Subsection B of this section, including the application fee, have been received by the filing date.
(2)
The Zoning Officer shall review the application to determine whether all materials required by Subsection B of this section and any other relevant Borough ordinances have been submitted by the applicant.
(3)
Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: the Borough Solicitor; the Borough Engineer; each member of the Borough Council; the County Planning Agency or its designee; and any other appropriate Borough personnel or professional consultants.
(4)
The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Borough Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.
(5)
Any plan revisions, supplements or other amendments to an administratively complete application shall be filed with the Zoning Officer, provided that the Borough shall have at least 14 days to review these plan revisions, supplements or other amendments prior to a Planning Commission and/or Borough Council meeting.
B.
Tentative plan application content.
(1)
The application for tentative plan approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Borough, with not fewer than:
(2)
The application for tentative plan approval shall contain the following:
(a)
The existing topographic character of the land at not less than two-foot contour intervals.
(b)
The existing land uses and approximate location of buildings and other structures.
(c)
The character and approximate density of existing dwellings.
(d)
The existing street system and plot lines.
(e)
The location, size, and nature of the PRD proposed to be developed.
(f)
The proposed topography of the land.
(g)
The proposed street system, plot lines and plot design.
(h)
The density of land use to be allocated to parts of the site to be developed.
(i)
Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public and semipublic uses.
(j)
The location and size of the perimeter buffer yards and common open space, the location, size and type of improvements proposed within the perimeter buffer yards and common open space, and the proposed ownership and maintenance arrangements for the common open space.
(k)
The use and the approximate height, bulk and location of buildings and other structures.
(l)
The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater.
(m)
The substance of covenants, grants of easements, rights-of-way or other restrictions proposed to be imposed upon the use of the land, common open space, buildings and structures, including proposed easements or grants for public utilities.
(n)
The provisions for parking of vehicles and the location and width of proposed streets.
(o)
A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern must be shown.
(p)
The location and design of all screening, buffer yards and landscaping, indicating the type, location and height of all plantings.
(q)
Renderings of proposed dwellings.
(r)
A typical elevation and perspective drawing of proposed structures and improvements (except one-family residences) and any unusual accessory buildings. These drawings need not be the result of final architectural decisions and need not be in detail.
(s)
The extent to which the proposed development plan deviates from the otherwise applicable Borough land use, zoning and subdivision and land development regulations.
(t)
In the case of development plans which call for development over a period of years, a phasing plan and a schedule showing the proposed times within which applications for final approval of all phases of the development plan will be filed. This schedule must be updated annually, by the anniversary of its previous approval, until the development is completed and accepted.
(u)
A written statement submitted by the developer and/or landowner which sets forth:
[1]
The reasons why the proposed development plan is in the public interest and is consistent with the purposes and requirements of this chapter, this article, other Borough ordinances and the Borough Comprehensive Plan.
[2]
An explanation of the planned development and the manner in which it has been planned to take advantage of the planned development regulations.
[3]
A generalized statement of proposed financing for the entire area.
[4]
A statement of the present ownership of all of the land included within the planned development.
[5]
Any expected development problems which might cause construction delays.
[6]
The disposition of common open space lands and the provisions for their maintenance, ownership and control.
[7]
The purpose, location and amount of common open space within the development plan, the reliability of the proposal for maintenance and conservation of such common open space, and the adequacy or inadequacy of the amount and purpose of such common open space land as related to the proposed density and type of development.
C.
Staff review. The Zoning Officer and any other Borough personnel or professional consultant, as directed by the Borough Council or its designee, shall review the tentative plan application documents to determine if they are in compliance with this article, this chapter, other applicable Borough ordinances, the Borough Comprehensive Plan and the Borough planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Borough Council or its designee.
D.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the tentative plan application and associated documents and forward its recommendation to the Borough Council.
(2)
If the tentative plan is deemed to have outstanding comments or unaddressed concerns, the developer shall resubmit revised drawings, supporting reports, documents and other similar material for review by the Borough staff, professional consultants and the Borough Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the Borough Council for approval, approval with conditions or disapproval of the tentative plan application.
E.
Public hearing.
(1)
The Borough Council shall hold a public hearing, pursuant to public notice, on the tentative plan application within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the filing of an administratively complete tentative plan application. The public hearing may be continued from time to time; provided, however, that the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
F.
Tentative plan approval criteria. The Borough Council shall grant tentative approval to a tentative plan if the applicant establishes that each of the following criteria are met:
(1)
The tentative plan complies with all applicable purposes, standards, criteria and conditions of this article and this chapter and preserves the community development objectives of this chapter.
(2)
Where the tentative plan departs from this chapter and other ordinance regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public health, safety and welfare.
(3)
The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space are adequate with respect to the purpose, use and type of proposed residential development.
(4)
The physical design of the tentative plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment. The tentative plan organizes vehicular ingress, egress and parking to minimize traffic congestion in the surrounding neighborhood.
(5)
The total environment of the tentative plan is harmonious and consistent with the neighborhood in which it is located. The tentative plan is sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds within the development and to the buildings and grounds of adjacent properties. The tentative plan shall, to the fullest extent possible, preserve the scenic, aesthetic and historic features of the landscape.
(6)
The tentative plan affords a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment and the prevention of erosion, landslides, siltation and flooding than if the subject property was developed in accordance with the provisions of this chapter and the other ordinances which would otherwise apply.
(7)
The tentative plan will be fully served by public utilities, public water systems, and a public sewer system without reducing the level of service to the remainder of the Borough.
(8)
The tentative plan shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other lot or persons.
(9)
The relationship of the proposed planned development is not adverse to the neighborhood in which it is proposed to be established.
(10)
In the case of a tentative plan which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
G.
Borough Council action.
(1)
The Borough Council shall render its decision on the tentative plan application, in writing, by certified mail, within 60 days following the conclusion of the public hearing provided for in this article or within 180 days after the date of the filing of an administratively complete application, whichever occurs first.
(3)
The Borough Council shall not act on a tentative plan application unless the Borough has received written review of the application by the County Planning Agency or its designee, or unless at least 30 calendar days have passed since the date of referral to the County Planning Agency.
(4)
The written decision granting or denying tentative plan approval shall set forth with particularity findings of fact and conclusions of law related to the following:
(a)
The manner in which the development plan would or would not be in the public interest.
(b)
The manner in which the development plan is or is not consistent with the Comprehensive Plan.
(c)
The extent to which the development plan departs from the requirements of this chapter and Chapter 250, Subdivision and Land Development, otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are not deemed to be in the public interest.
(d)
The purpose, location and amount of the common open space in the proposed development plan, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(e)
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.
(f)
The relationship, beneficial or adverse, of the proposed development to the neighborhood in which it is proposed to be established.
(g)
In the case of a tentative 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.
(5)
In the event a development plan is granted tentative approval, with or without conditions, the Borough Council may set forth in the written decision 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 phase 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 developments over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.
(6)
The applicant shall accept or reject the conditions attached to the tentative plan approval by giving written notice to the Zoning Officer within 30 calendar days of the date of the Borough Council decision. If the applicant fails to give written notice to the Zoning Officer regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 calendar days, then the conditions shall be deemed accepted by the applicant.
(7)
If the Borough Council approves the tentative plan application subject to certain conditions, then the developer shall not file a final plan application until all such conditions are addressed and complied with in a manner acceptable to the Borough.
(8)
Approval of a tentative plan application shall only constitute authorization to proceed with preparation and filing of a final plan application once all conditions of approval have been addressed and complied with in a manner acceptable to the Borough.
H.
Status of plan after tentative approval.
(1)
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,[2] effective upon final approval, and shall be noted on the Zoning Map.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(2)
Approval of a tentative plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits.
(3)
In the event that a development plan is given tentative approval and thereafter, prior to final approval, the developer and/or landowner elect to abandon the development plan by written notification to the Borough, or in the event the developer and/or landowner fail to file application(s) for final approval within the required time period(s), the tentative plan 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 granted shall be subject to the otherwise applicable Borough ordinances.
§ 290-42 Final plan application and approval procedure.
A.
Prerequisites for filing final plan application. An application for final plan approval can be submitted, provided that:
B.
Final plan application procedure.
(1)
An application for final plan approval of a PRD shall be filed with the Zoning Officer, on forms as prescribed by the Borough, at least 25 days prior to the date of the regular meeting of the Planning Commission. The final plan application shall not be considered complete and properly filed unless or until all items required by Subsection C of this section, including the application fee, have been received by the filing date.
(2)
The Zoning Officer shall review the application to determine whether all materials required by Subsection C of this section and any other relevant Borough ordinances have been submitted by the applicant.
(3)
Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: the Borough Solicitor; the Borough Engineer; each member of the Borough Council; the County Planning Agency or its designee; and any other appropriate Borough personnel or professional consultants.
(4)
The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Planning Commission by no later than the Friday prior to the date of the regular meeting of the Planning Commission.
(5)
Any plan revisions, supplements or other amendments to an administratively complete application shall be filed with the Zoning Officer, provided that the Borough shall have at least 19 days to review these plan revisions, supplements or other amendments prior to a Planning Commission and/or Borough Council meeting.
C.
Final plan application content.
(1)
The application for tentative plan approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Borough, with not fewer than:
(2)
The application for final plan approval shall contain the following:
(b)
Accurately dimensioned locations of all proposed buildings, structures, parking areas and common open spaces.
(c)
The use and number of families to be housed in each structure.
(d)
Renderings of proposed dwellings.
(e)
Landscaping plan, including the location of sidewalks, trails and buffer yards.
(f)
The substance of covenants, grants of easements, rights-of-way or other restrictions proposed to be imposed upon the use of the land, common open space, buildings and structures, including proposed easements or grants for public utilities.
(g)
Provisions for the maintenance, ownership and operation of common open spaces and common recreation facilities.
D.
Staff review. The Zoning Officer and any other Borough personnel or professional consultant, as directed by the Borough Council or its designee, shall review the final plan application documents to determine if they are in compliance with this article, this chapter, other applicable Borough ordinances, the Borough Comprehensive Plan and the Borough planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Borough Council or its designee.
E.
Planning Commission review and recommendation.
(1)
The Planning Commission shall review the final plan application and associated documents and forward its recommendation to the Borough Council.
(2)
If the final plan is deemed to have outstanding comments or unaddressed concerns, the developer shall resubmit revised drawings, supporting reports, documents, and other similar material for review by the Borough staff, professional consultants, and the Borough Planning Commission.
(3)
The Planning Commission shall make a written recommendation to the Borough Council for approval, approval with conditions or disapproval of the final plan application.
F.
Borough Council action.
(1)
In the event an administratively complete application for final plan approval has been filed in accordance with this article and the relevant tentative plan approval decision letter, the Borough Council shall render its decision on the final plan application, in writing, by certified mail, within 45 days following the regular meeting of the Planning Commission next following the date of filing of an administratively complete application, provided that, should the next said Planning Commission meeting occur more than 30 days following the filing of an administratively complete application, said forty-five-day period shall be measured from the 30th day following the date of filing of the administratively complete application. The recommendation of the Planning Commission and the Planning Commission minutes containing the report of the Borough Engineer shall be made a part of the record at the said Borough Council meeting.
(2)
If the development plan as submitted contains variations from the development plan granted tentative approval, the Borough Council may refuse to grant final approval. The Borough Council must forward written notice of such refusal to the landowner and/or developer within 45 days following the regular meeting of the Planning Commission next following the date of filing of an administratively complete application, provided that, should the next said Planning Commission meeting occur more than 30 days following the filing of an administratively complete application, said forty-five-day period shall be measured from the 30th day following the date of filing of the administratively complete application. This written notice of refusal shall set forth the reasons why one or more of the said variations are not in the public interest.
(a)
In the event of such refusal, the landowner and/or developer may either:
[1]
Refile the application for final plan approval without the objected variations.
[2]
File a written request with the Borough Council to hold a public hearing on the application for final approval. This public hearing shall be held within 30 days of the Borough's receipt of the request, and the hearing shall be conducted in accordance with the procedures for hearings on tentative plan applications. Within 30 days after the conclusion of the public hearing, the Borough Council shall issue a written decision either granting or denying final plan approval; said decision shall be in the form required for tentative approval.
(b)
Either of these actions shall be taken at any time during which the landowner and/or developer is entitled to apply for final approval or shall be taken within 30 days of receiving the written notice of refusal if the time for filing the final plan application has already passed. In the event that the landowner and/or developer has failed to take any of these actions within the time specified, he shall be deemed to have abandoned the development plan.
§ 290-43 Recording requirements.
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.
§ 290-44 Abandonment and revocation.
The final approval of a development plan shall be revoked if the landowner and/or developer provides the Borough with written notice of his intention to abandon the plan or if the landowner and/or developer fails to commence and carry out the PRD in accordance with the time provisions referenced in Section 508 of the MPC, 53 P.S. § 10508, and/or the final plan approval decision. Upon the occurrence of such a revocation, no further development shall occur on the property that is the subject of the revoked 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 MPC Article VI.[1]
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
§ 290-45 Fees.
At the time of filing an application for preliminary development plan approval, the applicant shall make payment to the Borough of a fee, in an amount as established from time to time by resolution of Borough Council, for filing and review costs and to cover advertising costs. This fee shall also cover costs of reclassifying the subject area, after approval of all final plans, to the Planned Residential Development (PRD), which shall be recorded on the Official Zoning Map of the Borough within 10 days after final approval.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 290-46 Design standards; use regulations.
A.
All improvements within the proposed PRD shall be designed and constructed in accordance with the requirements of this chapter and any other applicable Borough ordinance, except as provided in this article. If the provisions of this article are inconsistent with any other provision of a Borough ordinance, then the provisions of this article shall govern.
B.
All PRDs shall comply with the following requirements:
(1)
Use regulations for planned residential developments.
(a)
Uses by right. In any planned residential development, land, buildings, or premises shall be used by right only for one or more of the following:
[1]
None. All uses in this district are conditional uses, as listed below.
(b)
Conditional uses. The following uses, all of which are classified as conditional uses, shall be permitted in any planned residential development after review and approval by the Borough Planning Commission and after review and approval by the Borough Council. In the evaluation of such uses, the approval of location, the site plan, general and detailed character of the use or development, and such other standards as listed herein or as may be required by the Borough Council shall be provided before approval.
[1]
One-family detached, two-family, multistory, multifamily or multiple-family dwellings and townhouses; churches or similar places of worship and parish houses; public or private schools conducted primarily to serve the educational needs of the Borough when not conducted for profit or gain; public parks, playgrounds, municipal recreation areas and open space reservation; private or semiprivate recreation areas when not operated for gain or profit; municipal buildings, public libraries and other public buildings; signs when erected and maintained in accordance with provisions of this section; and
[2]
Retail and service commercial uses designed to serve the planned residential areas, including but not limited to those permitted as follows: stores for the retailing of food, drugs, confectionery, hardware, bakery products, clothing, household appliances, flowers or house plants; personal service shops, including barbers, beauty parlors, tailors, shoe repair and dry cleaning; banks; business and professional offices; municipal buildings or uses; restaurants, tearooms, cafes and other places serving food and beverages; medical and dental clinics and laboratories; amusement enterprises, including theaters, bowling alleys, skating rinks, assembly halls and any public recreation use; only those signs referring or relating to the uses conducted on the premises or to the materials or products made, sold, or displayed on the premises shall be permitted, and further provided that all signs and advertising structures shall be maintained in accordance with this section; and golf course, country club and similar recreation areas.
(c)
Accessory uses. All accessory uses located on the same lot that are customarily incidental to any of the above permitted uses, including private garages, shall be permitted.
(d)
Special exception: none.
(2)
Area and bulk regulations. The following regulations shall be observed: (All of the following must be served by public sewer and water facilities.)
(a)
The minimum size of a planned development shall be 15 acres.
(b)
Yard and lot area controls. The average or overall density for all types of combined dwelling units shall not exceed 18 dwelling units per gross acre for the entire planned residential area. A minimum 5,000-square-foot lot area shall be provided for each one-family detached dwelling unit, and a minimum of 5,600 square feet per two-family dwellings (2,800 feet per dwelling unit). A minimum 1,600-square-foot lot area shall be provided for each townhouse dwelling unit. A minimum of 1,200 square feet of designated lot area shall be provided for each multifamily apartment dwelling unit, and 1,000 square feet of designated lot area for each multistory, multifamily dwelling unit. A minimum of 15% of open space land (based on gross site) shall be maintained. Building and paving coverage shall not exceed 40% of the gross site or partial site being developed.
[1]
Yard controls. Yard controls shall be flexible for all types of dwelling units proposed with the following minimum regulations being observed:
[a]
One-family and two-family dwellings:
[i]
Rear yard shall not be less than 20 feet.
[ii]
Side yard shall not be less than 10 feet each or a total of 20 feet per dwelling.
[iii]
Front yards shall not be less than shown below for various topographic areas and slope areas:
Average Lot Slope | Minimum Front Yard |
|---|---|
0 to 5% | 30 feet |
5% to 10% | 25 feet |
10% to 15% | 20 feet |
15% and over | 15 feet |
(c)
Open space.
[1]
The net difference between designated lots for building purposes and net site acreage (gross site area less streets and rights-of-way) shall be proposed for residual open space to be maintained by a homeowners' corporation and/or made available for dedication to the Borough. In any case, 15% of the gross site area shall be designated for public and/or private recreation and open space area.
[2]
The amount, location, and proposed use of all open space land within the site must be clearly shown. Of the gross area of open space land, 50% must be suitable for active recreational purposes, and access to these open space lands must be convenient to all residents. For purposes of calculation, such areas as parking lots are not considered as open space land. In addition, land lying within 20 feet of any townhouse or apartment dwelling shall not be considered as open space land.
(d)
Nonresidential (supporting commercial) uses. Supporting commercial uses shall be confined to 5% of the gross PRD site acreage and shall meet all regulations of § 290-20 of this chapter.
(e)
Supplemental design standards.
[1]
Buildings shall be so designed as to avoid monotonous patterns of construction or repetitive spaces or modules between buildings.
[2]
Streets shall be so designed as to discourage through traffic on the site.
[4]
The Planning Commission may require such additional standards as are applicable to the proposed site and any development thereon such as grading, parking and landscaping.
(f)
Buffer areas. If, within the planned residential area, a proposal is made to construct one-family dwellings adjacent to a multiple-family dwelling of any type, a minimum 100-foot buffer zone, exclusive of streets or rights-of-way, shall be provided between such differing types of dwelling units. Said buffers shall be densely landscaped to differentiate between the differing housing types.
(3)
Height regulations. No building, except a multistory, multifamily building, shall be erected to a height in excess of 35 feet, except as provided in § 290-28 of this chapter. For multistory, multifamily structures (requiring conditional approval by Borough Council), the height shall not exceed 85 feet.
(5)
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, whichever is appropriate, shall be acceptable evidence.
§ 290-47 Deviation by waiver prior to final plan approval.
Prior to final plan approval of the PRD, the Borough Council may approve deviations from the requirements of this article. Requests for deviations from the requirements of this article shall be subject to the application and approval procedures, requirements and standards for waivers under § 250-41 of Chapter 250, Subdivision and Land Development.
§ 290-48 Enforcement and modification of final plans.
Enforcement and modification of provisions of a final approved PRD plan shall be in accordance with Article VII of the MPC, 53 P.S. § 10701 et seq.
§ 290-49 Provisions not severable.
The provisions of this article are not severable. In the event any portion of this article shall be declared invalid and unenforceable, it is the intention of the Borough that the PRD planned residential development be eliminated in its entirety, with the zoning classification of property within the PRD reverting to the underlying zoning district.