The provisions contained in previous article of this chapter do not allow for a unified development of a large parcel or tract of land; therefore, the provisions of this article are established to:
A. 
Permit a flexibility that will encourage innovations in residential and nonresidential development;
B. 
Permit a greater variety in type, design and layout of dwellings and other buildings and structures, and the conservation and more efficient use of open space ancillary to said dwellings and structures;
C. 
Encourage a more efficient use of land and of public services and to reflect changes in the technology of land development; and
D. 
To provide a procedure which can relate the type, design and layout of residential and nonresidential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential and nonresidential areas.
E. 
No land in the SU Special Use District which is also included in the CO Conservation Overlay District shall be developed for any use not authorized as per the provisions of § 130-27. In addition, the provisions of § 130-27, Subsection E, shall dictate the methods and standards for development in such cases.
The Edgeworth Borough Council is designated as the body to administer the provisions of this article and, pursuant to such provisions, may approve, modify or disapprove any planned residential development within the Borough.
A. 
Uses permitted in a planned residential development may include:
(1) 
Dwelling units as follows:
(a) 
Single-family detached;
(b) 
Two-family attached; and
(c) 
Triplex and quadruplex dwellings.
(2) 
Municipal and public utility service buildings, structures and facilities to serve the planned development;
(3) 
Community assembly halls, recreation centers and membership clubhouses related to the planned residential development;
(4) 
Swimming pools and recreation areas serving the planned residential development only;
(5) 
Private or group garages and parking areas;
(6) 
Those nonresidential uses deemed to be appropriate for incorporation in the design of the planned residential development, but not to exceed 10% of the gross acreage or site area;
(7) 
Signs related to all development as per the provisions of Part XI.
B. 
Mix of dwelling types. All planned residential developments shall include at least two dwelling unit types where multifamily residential buildings are proposed. Percentages of each dwelling unit type shall be based on the area of land proposed for development as follows:
(1) 
Fifteen to 20 acres: maximum 50% multifamily.
(2) 
Twenty-one to 25 acres: maximum 40% multifamily.
(3) 
Twenty-six to 30 acres: maximum 30% multifamily.
(4) 
Thirty-one acres and over: maximum 20% multifamily.
C. 
Density. The maximum density of any planned residential development shall be as follows:
(1) 
Fifty-one percent or more of land area is situated in the CO District designation: 0.5 dwelling units per total acre.
(2) 
Fifty percent or less of land area is situated in the CO District designation: 0.1 dwelling unit per total acre.
A. 
Minimum site size: 15 acres.
B. 
Maximum building coverage of site: 20%.
C. 
Minimum distances between multifamily residential buildings on the site:
(1) 
End walls face each other but contain no apartment windows: 20 feet.
(2) 
End walls face each other and contain apartment windows: 35 feet.
(3) 
End wall of one building faces principal facade (front or rear) of neighboring building: 45 feet.
(4) 
Principal facades (front or rear) of neighboring buildings face each other: 60 feet.
(5) 
Connected groups of abutting buildings shall not exceed in total length 300 feet.
(6) 
Distances shall be construed as the shortest dimension between any parts, including projecting balconies, of adjacent buildings.
D. 
Minimum setback from property line: a thirty-foot setback shall be maintained along the perimeter of all property lines.
E. 
Maximum height of buildings: measured between the average finish grade elevation and the top of the parapet on a flat roof building of halfway between eave and ridge on a sloped roof building 35 feet or three stories, whichever is less.
F. 
Any lots available for sale and development for a single-family detached dwelling unit within a planned residential development may be reduced by 50% of the required minimum lot area where a commensurate amount of open space is provided on a per unit basis.
G. 
Minimum dimensional standards for individual lots and minimum setbacks shall be optional in planned residential developments.
An area or areas developed for active recreation and passive open space use totaling 20% of the total acreage shall be provided with access to the residentially developed areas. Recreational areas shall be on land that does not slope at any point more than 5% and shall be provided with appropriate play equipment, benches and landscaping by the developer, or in the alternative, passive open space shall be provided by the developer. The developer may provide a swimming pool and other recreational facilities to be operated by him or by an association of residents of the planned residential development.
A. 
All improvements shall be installed, at no expense to the Borough or county, in accordance with the standards of the Borough and this article.
B. 
Roads, parking areas and sidewalks shall be maintained in a serviceable condition by the developer or his successors.
C. 
All areas of the site not occupied by buildings or pavement shall be either planted in natural materials or left in the state existing prior to development.
D. 
All structures in any planned residential development shall be connected to public or community sewage disposal and water supply systems.
E. 
Each dwelling unit shall be provided with two off-street parking spaces on the building lot, and one space for each eight multifamily dwelling units for visitor parking, within 200 feet of the dwelling units thus served.
F. 
All electric, telephone lines, television cable, etc., within a planned residential development shall be placed underground.
A. 
An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner or, if several adjacent parcels are included in the plan, by the several landowners. The application shall be submitted to the Edgeworth Borough Planning Commission no later than 20 days prior to the regular monthly meeting of the commission at which the development plan is to be considered, including the payment of an administrative fee as determined by Borough Council.
B. 
All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Borough, shall be determined and established by the Borough Council.
C. 
The following information shall be provided with the application for tentative approval:
(1) 
The location, size and topography of the site and the nature of the landowner's interest in the land proposed to be developed;
(2) 
The density of land use to be allocated to parts of the site to be developed;
(3) 
The location and size of the common open space and the form of organization proposed to own and maintain the common open space;
(4) 
The use and the approximate height, bulk and location of buildings and other structures;
(5) 
The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater;
(6) 
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities;
(7) 
The provisions for parking of vehicles and the location and width of proposed streets and public ways;
(8) 
The required modifications in the municipal land use regulations otherwise applicable to the subject property;
(9) 
The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources;
(10) 
In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted;
(11) 
An environmental impact analysis for review by the Allegheny County Conservation District; and
(12) 
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.
D. 
The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan for the development of the Borough.
E. 
The application for an tentative and final approval of a development plan for a planned residential development prescribed in this chapter shall be in lieu of all other procedures or approvals, otherwise required pursuant to Articles V and VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
A. 
Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this chapter, a public hearing pursuant to public notice on said application shall be held by the Borough Council.
B. 
Public notice shall be given and written notice shall be given to the applicant, the Zoning and Codes 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.
C. 
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Planning Commission, 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 for that purpose.
D. 
The Present, or Vice President in the absence of the President, 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.
E. 
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.
F. 
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
G. 
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.
H. 
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.
I. 
The Borough Council may continue the hearing from time to time, provided that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.
A. 
The Borough Council, within 60 days following the conclusion of the public hearing, or within 180 days after the date of filing of the application, whichever occurs first, shall, by official written communication to the landowner, either:
(1) 
Grant tentative approval of the development plan as submitted;
(2) 
Grant tentative approval subject to specified conditions not included in the development plan as submitted; or
(3) 
Deny tentative approval to the development plan.
B. 
Failure to so act within said sixty-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.
C. 
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(1) 
In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the Borough;
(2) 
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;
(3) 
The purpose, location and amount of the common open space in the planned residential development, 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;
(4) 
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
(5) 
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
(6) 
In the case of a development plan which proposes development over a period of years, the sufficiency of 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.
D. 
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 application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and 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.
A. 
The official written communication shall be certified by the Borough Secretary and shall be filed in the Borough 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.
B. 
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by 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.
C. 
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Borough Council in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those 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 included in a development plan or, to the extent designated in the tentative approval, for a portion of the land.
A. 
An application for final approval shall be submitted to the Secretary of the Edgeworth Borough at least 20 days prior to the regular Planning Commission meeting at which the application is to be first considered.
B. 
The application shall contain, for the area for which final approval is sought, all requirements of the tentative plan including all written reports necessary to obtain tentative approval and, in addition:
(1) 
Detailed construction documents, drawn and scaled by a registered professional engineer for the building of all public improvements including streets, sidewalks, parking areas, sanitary sewer lines, water lines, storm drainage systems, erosion and sedimentation control facilities and recreation areas;
(2) 
Certification from either the Pennsylvania Department of Environmental Protection or the Allegheny County Conservation District stating that the erosion and sedimentation control plan has been approved and that a land disturbance permit has been issued for an earth-moving activity by the Department of Environmental Protection or by the Allegheny County Conservation District;
(3) 
A certified performance bond, improvement bond, or other security acceptable, to the benefit of the Borough, the amount of bond being equal to 110% of the estimated cost for installation of all public improvements, such amount to be established by the engineer designing the facilities subject to the Borough Engineer's review and approval;
(4) 
Any covenants and rights of easement, in the form in which they will be filed as legal documents, affecting development including the duties and responsibilities of the Homeowner's Association; and
(5) 
A written description indicating changes made in the tentative plan required to secure tentative plan approval.
C. 
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the municipality shall, within 45 days from the date of the regular meeting of Borough Council or the planning agency, whichever first reviews the application, next following the date the application is filed, grant such development plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.
D. 
In the event the development plan as submitted contains variations from the development plan given tentative approval, Borough Council may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of Borough Council or the planning agency, whichever first reviews the application, 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 forty-five-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:
(1) 
Refile his application for final approval without the variations objected; or
(2) 
File a written request with Borough Council that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner described in this article for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, Borough Council shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this article. Failure of Borough Council or agency to render a decision on an application for final approval and communicate it to the applicant within the time and in the manner required by this section shall be deemed an approval of the application for final approval, as presented, unless the applicant 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.
(3) 
The development plan shall be deemed to have been abandoned.
E. 
A development plan, or any part thereof, given final approval shall be certified immediately by the Borough Council and shall be filed or recorded in the Office of the Allegheny County Recorder of Deeds before any development shall take place, after grant of final approval, after which development of the site area for which final approval has been granted may proceed. Each structure in the development will require a separate building permit.
F. 
Upon filing of the development plan with the Recorder of Deeds, all zoning and subdivision regulations otherwise applicable to the area recorded shall cease to apply to that area.
G. 
If the landowner abandons his development plan after final approval and so informs the Edgeworth Borough Council in writing, or fails to carry out the development within the time period agreed upon in the final approval, no further applications for final approval shall be considered by the Planning Commission for subsequent portions of the same site and no further development of such subsequent portions of the site shall be permitted until that area is reclassified through an amendment to the Borough Zoning Ordinance.
H. 
When the sequence of development of a site approved for a planned residential development takes place over a period of years, the time between applications for final approval of each phase of the plan shall be not more than 24 months.
A. 
The landowner shall satisfy the Borough Council at the time of application for final approval that all areas for which the final approval is sought will be adequately maintained in perpetuity so as not to cause a public nuisance.
B. 
If the landowner provides for establishment of an association of residents of the planned residential development to own and maintain common open spaces on the site, he shall indicate the organization of such association, including bylaws, and the legal mechanism that will bind such association to perpetual maintenance of the common open space.
C. 
In the event that the organization established to own and maintain common open space, or any successor organization, shall fail to maintain the common open space in reasonable order and condition, the Edgeworth Borough Council may serve written notice upon organization or upon the residents of the planned residential development setting forth the deficiencies in maintenance, demanding that they be corrected within 30 days and stating the time and place of a public hearing to be held, pursuant to public notice, to consider the deficiencies, at which time the deficiencies noted may be modified or the time period for correction extended.
D. 
If the deficiencies are not corrected within 30 days, Edgeworth Borough Council may enter the common open space containing the deficiencies and maintain the area for a period of 12 months, at the expiration of which the Borough Council shall call a second public hearing, with notice to the organization and residents of the planned residential development, at which the organization or the residents shall show cause why Edgeworth Borough Council should cease maintenance based on the ability of the organization or the residents to again discharge such maintenance responsibility. Public hearings shall be called thereafter or less frequently than once per year to consider termination of Borough maintenance until such termination occurs.
E. 
The decision to continue or cease maintenance shall lie with Edgeworth Borough Council.
F. 
The period during which Borough Council shall maintain common open space shall not constitute a taking of land nor entitle the public to use of such common open space unless as provided in the conditions establishing the common open space.
G. 
The cost of maintenance of common open space by Borough Council shall be assessed ratably against the properties within the planned residential development that have rights to common open space and shall become a lien on the properties, to be filed by Borough Council with the Prothonotary of Allegheny County at time of entrance into the common open space.
Any decision of the Borough Council in granting or denying tentative or final approval of a planned residential development plan shall be subject to appeal to court in the manner as provided for in the Pennsylvania Municipalities Planning Code, Act 247, as amended.