The planned residential development will not
necessarily correspond in minimum lot size, building area, type of
dwelling unit, density, lot coverage or required open space to any
other residential district zoning ordinance requirements in the region,
unless so noted herein. The use of the land must conform to the zoning
as set forth elsewhere herein.
In order that the purpose of this article is
furthered in an era of increasing urbanization and of growing demands
for housing of all types and design, the following principles form
the basis for this article:
A. To encourage innovations in residential development
which will provide housing of greater variety in type, design and
site planning, incorporating the conservation of maximum open space
ancillary to said dwellings.
B. To encourage a more efficient use of land and public
services and to reflect changes in the technology of land development
so that economics secured may benefit the homeowner.
C. To provide a procedure which can relate the type,
design and layout of residential development to the particular site
as well as the particular demand for housing existing at the time
of development.
To ensure that the increased flexibility of
regulations over land development as authorized herein is carried
out under such administrative standards and procedures as shall encourage
the disposition of proposals for land development without undue delay,
the following review powers are granted to the Planning Commission:
A. The Planning Commission shall review all planned residential
developments pursuant to the provisions of this article and shall
make recommendations to the Borough Council for approval or disapproval,
in writing.
B. The Planning Commission shall insure that the applicant
conforms to all requirements, standards, controls and regulations
as set forth herein.
C. The Planning Commission and the applicant shall comply
with all procedures as set forth herein pertaining to application
and hearings on tentative and final approval of a proposed planned
development by the Borough Council.
D. With approval of the Planning Commission, commercial
facilities may be permitted, provided such use conforms to the zoning
as set forth elsewhere herein and such facilities primarily service
the residents of a planned residential development.
If a homeowners' association or open space trust
is formed, it shall be governed according to the following regulations:
A. The organization must be set up by the developer before
the sale of any lots within the development, and, if necessary, it
must operate with financial subsidy by the developer.
B. Membership in the organization is mandatory for all
purchasers of homes therein and their successors.
C. The organization shall be responsible for maintenance,
insurance and taxes on common open space.
D. The members of the organization shall share equitably
the costs of maintaining and developing common open space, in accordance
with procedures established by them.
E. The organization shall have or hire staff to administer
common facilities and maintain the common open space.
F. 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 Council may serve
written notice upon such organization or upon the residents and owners
of the development setting forth the manner in which the organization
has failed to maintain the common open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
At such hearing, the Borough Council may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be cured. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within said
30 days or any extension thereof, the Borough Council, in order to
preserve the taxable values of the properties within the development
and to prevent the common open space from becoming a public nuisance,
may enter upon said common open space and maintain the same for a
period of one year. Said entry and maintenance shall not vest in the
public any rights to use the common open space except when the same
is voluntarily dedicated to the public by the residents and owners.
Before the expiration of said year, the Borough Council shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the common open space call a public
hearing upon notice to such organization, or to the residents and
owners of the development, to be held by the Borough Council, at which
hearing such organization of the residents and owners of the development
shall show cause why such maintenance by the Borough shall not, at
the election of the Borough, continue for a succeeding year. If the
Borough Council shall determine that such organization is ready and
able to maintain said common open space in reasonable condition, the
Borough may, in its discretion, continue to maintain said common open
space during the next succeeding year and subject to a similar hearing
and determination in each year thereafter. The decision of the Borough
Council in any such case shall constitute a final administrative decision
subject to judicial review. The cost of such maintenance by the Borough
shall be assessed ratably against the properties within the planned
residential development that have a right of enjoyment of the common
open space and shall become a tax lien on said properties. The Borough,
at the time of entering upon said common open space for the purpose
of maintenance, shall file a notice of such lien in the office of
the Prothonotary of Allegheny County, upon the properties affected
by such lien within the development.
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.
B. At least 20% of the dwelling units in the planned
residential development given tentative approval shall be included
in the first stage.
C. At least 50% of the dwelling units in any stage shall
be rented or sold before any commercial development shown in that
stage can commence.
D. 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.
E. 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 planned
residential development 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.