The provisions of this article are enacted in
order:
A. To recognize the need for rational direction for increasing
urbanization and to meet the growing demand for housing of all types
while at the same time to minimize the loss of open countryside; to
preserve the semirural atmosphere of the Borough; to forestall inadequacies
to community services and facilities; and to protect property values
in existing residential areas;
B. To encourage innovations in residential development
and renewal so that the growing demand for housing may be met by greater
variety in type, design and layout of dwellings and by the conservation
and more efficient use of open space ancillary to said dwellings;
C. To provide greater opportunities for better housing
and recreation for all who are or will be residents of the Borough;
D. To encourage a more efficient use of land and public
services and to reflect changes in the technology of land development
so that the economics so secured may enure to the benefit of those
who need homes;
E. To encourage more flexible land development which
will respect and conserve natural resources such as streams, lakes,
floodplains, groundwater, wooded areas, steeply-sloped areas, and
areas of unusual beauty or importance to the natural ecosystem; and
F. In aid of these purposes, to provide a procedure which
can relate the type, design and layout of residential development
to the particular site and the particular demand for housing existing
at the time of development in a manner consistent with the preservation
of the property values within existing residential areas, and to assure
that the increased flexibility of regulations over land development
established hereby is carried out pursuant to sound, expeditious and
fair administrative standards and procedures.
As used in this article, the following words
and phrases shall have the meanings indicated below:
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
AVERAGE GROSS RESIDENTIAL DENSITY
The number of dwelling units per acre in a planned residential
community, computed by dividing the number of dwelling units which
the applicant proposes to construct by the number of acres in the
development which are not planned to be devoted to commercial use.
If the developer is required to dedicate land for sites for schools
or other public facilities, such land shall be included in the total
land area used in computing average gross density. If he is required
to set aside land for such purposes, it shall not be included in the
computation of average gross density. If such land is not acquired
by the appropriate body by the date of the sale or rental of 51% of
the dwelling units in the planned residential development, then, at
the option of the developer, the land may be used for residential
purposes, subject to the provisions of this article.
BOROUGH
The Borough of Chester Heights, Delaware County, Pennsylvania.
COMMON OPEN SPACE
A parcel of land or an area of water, or a combination of
land and water, within a planned residential development designed
and intended for the use or enjoyment of residents of the planned
residential development, not including streets, off-street parking
areas, building setbacks, private yards, and areas set aside for public
facilities. Common space shall be substantially free of structures
but may contain such improvements as are in the development plan as
finally approved and as are appropriate for recreational use by the
residents.
COMPREHENSIVE PLAN
The Comprehensive Plan for Chester Heights Borough dated
1972, as amended.
DEVELOPER
Landowner who makes or causes to be made an application for
approval of a development plan.
DEVELOPMENT PLAN
A proposal for the development of a planned residential development,
prepared in accordance with this chapter, including a plat of subdivision,
location of various uses, all covenants relating to use, location
and bulk of building and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities. The phrase "provisions of the development
plan" when used in this article, shall mean both the verbal and graphic
materials referred to in this subdivision.
LANDOWNER
The legal or equitable owner or owners of land or the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition).
OPEN SPACE
Those areas including building setbacks, private yards and
buffer zones which are free from structures and those areas containing
such facilities as tennis courts and swimming pools.
PLANNED RESIDENTIAL DEVELOPMENT
A contiguous area of land, controlled by a landowner, to
be developed as a single entity for a number of dwelling units, the
development plan for which does not correspond in lot size, bulk or
type of dwelling, density, lot coverage and required open space to
the regulations established in any one residential district created
from time to time, under the provisions of the Borough Zoning Ordinance.
PLANNED RETIREMENT COMMUNITY
A planned residential development designed to be occupied
and used exclusively by and for single individuals 50 years of age
or over; married couples, at least one of whom is 50 years of age
or over; two closely related persons, e.g., sisters, brothers, brother
and sister, aunt and niece, parent and child, etc.; when both persons
are 50 years of age or older, one person over 18 years of age may
reside in a dwelling unit with an elderly person or persons, as permitted
above, if the presence of such person is essential for the physical
care or economic support of the elderly person or persons; children
18 years of age or older may reside with a parent or parents. All
sale, resale, rental leasing or occupancy of the units or any of the
structures comprising the planned retirement community shall be subject
to and must comply with the terms and conditions of this chapter.
PLAT
The map or plan of a land development, whether preliminary
or final.
SECTION
A geographical area or tract which is part of a proposed
planned residential development which will be developed according
to a timetable for development over a period of years included by
the applicant in the development plan.
STAGE
A section or sections of which an applicant proposes to commence
development at the same time, as part of a timetable for development
of a planned residential development over a period of years.
No application for tentative approval of planned
residential development shall be considered or approved unless the
following conditions are met:
A. The planned residential development consists of a
contiguous area of at least 50 acres.
B. The development will be served by community or public
water supply and community or public sewage disposal systems which
shall be operational at the time of occupancy of the first completed
structure.
C. The proposed development is in an area designated
as a planned residential development area in the Comprehensive Plan
for the Borough of Chester Heights and shall be found to be consistent
with the said Comprehensive Plan.
A developer may construct a planned residential
development in stages if the following criteria are met.
A. The application for tentative approval covers the
entire planned residential development and shows the location and
approximate time of construction for each stage in addition to other
information required by this article.
B. At least 15% of the dwelling units in the plan given
tentative approval are included in the first stage.
C. At least 33% of the dwelling units in any stage are
rented or sold before any commercial development shown in that stage
shall be completed.
D. The second and subsequent stages are completed consistent
with the tentatively approved plan and are of such size and location
that they constitute economically sound units of development. In no
event shall such stages contain less than 15% of the dwelling units
receiving tentative approval.
E. Gross residential density may be varied from stage
to stage; provided, however, that final approval shall not be given
to any stage if the gross residential density by type of dwelling
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 residential density for each type of dwelling unit allowed
for the entire planned residential development in the tentatively
approved plan. Where it is necessary to allocate open space to early
stages to avoid exceeding maximum gross residential densities, the
developer may be required to grant an open space easement or covenant
to the Borough specifying the amount and, if necessary, the location
of open space.
F. Where development in stages is applied for and approved,
the developer shall, if possible, complete all landscaping in the
stage approved before occupancy of any unit in that stage is permitted.
Unless good reason therefor shall be demonstrated to Borough Council,
no additional stage shall be approved until landscaping is completed
on any prior stage.
Proposals for amendments to an approved final
plan shall be acted upon in the same manner as that prescribed for
the original approved plan.
The approved final plan becomes the approved
zoning for the property covered by the plan. Owners or occupants of
the dwelling units in the PRD shall not make structural change or
additions of the sort that would require a building permit in accordance
with the Building and Sanitation Code of the Borough without submitting an amended final plan to the Borough
and receiving approval for that plan. Such plan shall be submitted
in accordance with this chapter and shall also include a letter from
the homeowners' association for that PRD (if a homeowners' association
exists in that PRD) containing the association's recommendation for
approval or disapproval of the amended plan.