A "planned residential development" (PRD) is defined as an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter. In addition to the general goals listed in the statement of purpose, the provisions of this article are intended to serve the purposes of a PRD stated in the Pennsylvania Municipalities Planning Code, including but not limited to the following:
A. 
Provide for the adaptive reuse of industrial properties and to recognize unique development opportunities;
B. 
Provide for higher residential densities and a variety of housing types;
C. 
Provide for a range of service-oriented establishments designed to serve local needs;
D. 
Provide for commercial development that is compatible with the character of the Borough and can offer additional employment opportunities and an increased tax base; and
E. 
To encourage innovation in residential and nonresidential development; provide greater variety in type, design and layout of buildings; and to encourage more efficient land use.
All provisions of this chapter shall apply to a PRD, except where specific provisions of this article differ from specific provisions of other sections of this chapter, in which case the provisions of this article shall control.
A. 
The proposed PRD shall consist of one or more contiguous parcels of land under single ownership and control or under active agreement of sale, with new development clearly intended to be developed as a single entity.
B. 
A PRD shall only be permitted within the General Industrial I-1 Zoning District. Within this district, a PRD shall be a permitted by right use.
C. 
The PRD shall consist of a minimum total tract area of three acres.
D. 
Public water and public sanitary sewer systems shall serve the PRD.
A. 
Uses by right. Within a PRD, a building or other structure may be erected, altered or used, and a lot may be used or occupied for any of the following purposes:
(1) 
Residential uses. A PRD shall include one or more of the following residential dwelling types:
(a) 
Single-family detached dwelling (maximum three habitable floors).
(b) 
Two-family dwelling (maximum three habitable floors).
(c) 
Townhouse (maximum three habitable floors).
(d) 
Garden apartment building (maximum five habitable floors).
(e) 
Mid-rise apartment building (maximum eight habitable floors).
(2) 
Nonresidential uses (maximum eight habitable floors). The following uses shall be permitted in a PRD:
(a) 
Offices.
(b) 
Service-based business, not including motor vehicle or fuel sales.
(c) 
Restaurant.
(d) 
Community center, fitness facility, exercise club, or similar facility.
(e) 
Accessory uses incidental to any of the principal uses listed above.
B. 
Height. Buildings or structures within a PRD shall not be subject to the height limitations of the underlying zoning district, but rather shall be limited by the number of habitable floors for each use as listed above.
A. 
The maximum density shall be determined based upon buildable area.
(1) 
Buildable area shall be the total lot area of the tract, not including the following:
(a) 
Areas within the future rights-of-way of preexisting or previously approved streets;
(b) 
Areas with average slopes greater than 25%;
(c) 
Areas within the one-hundred-year floodplain and wetlands; and
(d) 
Areas within riparian and wetland buffers.
(2) 
Areas of land voluntarily dedicated to and accepted by the Borough or state for a street improvement that would not otherwise be required by the Borough or state and that is not necessary for providing internal access for the development may be included as buildable area.
(3) 
Areas of land provided as easements on adjacent parcels may be included as buildable area.
B. 
Minimum buildable area per dwelling unit. The following shall apply:
(1) 
Schedule of minimum buildable area per dwelling unit.
Type of Dwelling Unit
Minimum Average Square Feet of Buildable Area within the Tract Per Dwelling Unit
Mid-rise apartment
1,000
Garden apartment
1,000
Townhouse
2,000
Single-family semidetached
2,000
Single-family detached
3,500
(2) 
The total number of dwelling units within the PRD tract divided by the total acreage of the PRD tract shall not exceed a maximum of 60 dwelling units per total acre for mid-rise apartments, 20 dwelling units per total acre for garden apartments, and 10 dwelling units per total acre for townhouses. The number of allowed dwelling units shall be allocated to lot(s) before the PRD tract is subdivided.
C. 
Flexibility in placement. The total number of dwelling units allowed on the tract may be placed at any appropriate locations within the buildable area of the tract in compliance with other provisions of this article. A condominium form of ownership is allowed, provided the applicant shows compliance with applicable state law.
D. 
In calculating the allowable overall density, land which is capable of further development or subdivision for additional dwellings shall not be counted unless the possibility of such development or subdivision is precluded by a formal permanent deed restriction or conservation easement restricting the land to use for only common open space and preventing future development, which the deed restriction duly recorded in the Office of the County Recorder of Deeds, and with such restriction noted on the official record plan.
E. 
The total area covered by all impervious surfaces shall not exceed the existing total area of impervious surfaces found on the tract, or 80% of the total tract area of the PRD, whichever is greater. A maximum impervious coverage shall not apply to individual lots.
F. 
The total area covered by all buildings shall not exceed the existing total area of buildings found on the tract, or 60% of the total tract area of the PRD, whichever is greater. A maximum building coverage shall not apply to individual lots.
G. 
The percentage of building floor area on the PRD tract devoted to nonresidential uses shall not exceed 50% of the total building floor area.
H. 
Building separation. Principal buildings within a PRD shall have minimum separation as defined by the Construction Code.[1] Where new construction is proposed that would result in a principal residential building abutting a principal nonresidential building, then a 20 feet minimum separation distance shall apply between the two buildings.
[1]
Editor's Note: See Ch. 86A, Construction Codes, Uniform.
I. 
Building setbacks. Minimum setback from principal buildings to all existing or proposed lot lines and/or street rights-of-way shall be 30 feet, except that such setback shall not apply where buildings are lawfully attached. The required minimum setback shall not apply to structures existing as of the date of this article. No setbacks shall apply for accessory buildings.
A. 
Parking. The following parking provisions shall apply in place of Article XVI, Table 2,[1] of this chapter for residential uses. Parking provisions for nonresidential uses shall comply with the requirements of Article XVI, Table 2.
(1) 
Efficiency and one bedroom units: one per one dwelling unit.
(2) 
Two bedrooms: one and one-half per dwelling unit.
(3) 
Three or more bedrooms: two per dwelling unit.
B. 
Open space. The percentage of the PRD site to be devoted to common open space shall not be less than 25% of the total site area. As an alternative, the developer may also be permitted to contribute a fee in lieu of providing open space as determined by the Borough Council.
C. 
Landscaping, buffering, and tree preservation.
(1) 
A landscaping plan for the tract shall be submitted to the Borough with the final plan, and shall be subject to approval by the Borough Council. Except as otherwise approved by the Borough Council, all landscaping provisions of this chapter (§ 170-87, Buffer yard requirements, and § 170-90, Landscaping) shall apply.
(2) 
A twenty-foot buffer shall be provided around the entire perimeter of the tract, which shall be landscaped in accordance with the requirements of § 170-87A, Softening buffers. A softening buffer is not required where a screen buffer is to be provided.
(3) 
Where a commercial area adjoins a residential area within the planned development or in adjacent land around the perimeter of the development, a screen buffer shall be provided between the residential and commercial areas in accordance with the requirements of § 170-87B, Screen buffers.
(4) 
Except as otherwise approved by the Borough Council, tree preservation provisions of this chapter and Chapter 153, Subdivision and Land Development, shall apply. Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, appropriate landscaping shall be planted to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of dwelling units.
(5) 
Existing trees shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured at a height 3.5 feet above the original grade) shall be a factor in determining the location of open spaces, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
The standards for a planned residential development established by provisions adopted pursuant to this article may require that the common areas and/or open space resulting from the application of standards for density, or intensity of land use, shall be set aside for the use and benefit of the residents in such development and may include provisions which shall determine the amount and location of said common areas and/or open space and secure its improvement and maintenance for common area/open space use, subject, however, to the following:
A. 
The developer shall make provisions to ensure that all common areas shall be properly maintained. The developer shall provide for and establish a homeowners' association or other similar organization for the ownership and maintenance of all common areas and commonly owned facilities. The legal agreements for such common ownership and maintenance shall be subject to approval by Borough Council, as a condition of final PRD approval, prior to recording.
B. 
The Borough may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Borough need not require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use. The provisions may require that the landowner provide for and establish an organization for the ownership and maintenance of the common open space, and that such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the public.
C. 
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents of the planned residential 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 corrected 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 may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
D. 
If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the planned residential 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 maintenance by the Borough shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.
E. 
Before the expiration of said year, the Borough 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 of the planned residential development, to be held by the governing body or its designated agency, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the governing body, or its designated agency, shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the governing body or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a 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.
F. 
The decision of the governing body or its designated agency shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by this chapter.
G. 
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 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 lien in the office of the prothonotary of the county, upon the properties affected by the lien within the planned residential development.
In the case of a development plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the development plan delineating all proposed sections as well as deadlines within which applications for final approval of each section are intended to be filed. Yearly updating of the schedule shall be completed by the landowner on or before the anniversary of the tentative plan approval until final approval of the final section has been granted. Any modifications in the aforesaid schedule shall be subject to approval of the Borough Council.
A. 
Provided the landowner has not defaulted with regard to or violated any of the conditions of the tentative plan approval, including compliance with landowner's aforesaid schedule of submission of final plans, then the protections afforded by substantially completing the improvements depicted upon the final development plan within the said five years shall apply. For any section or sections, in which the required improvements have not been substantially completed within the five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plan approval for each section.
B. 
Failure to meet schedule. Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such sections to any and all changes in these regulations, this chapter, planned residential regulations, and any other ordinances or plans enacted by the Borough subsequent to the date of the initial planned residential development plan submission, and no development or further development shall take place on the property included in the development plan until after the property is reclassified by enactment of an amendment to this chapter.
Development plans for a planned residential development may be submitted in phases in accordance with the following:
A. 
Tentative approval. The locations and approximate submittal dates for each phase shall be clearly set forth on the plan submitted for tentative approval.
(1) 
The said phasing plan may be changed at any time prior to the date of any phase by submitting and receiving an approval from the Borough Council on a plan setting forth a new phasing schedule.
B. 
First phase minimum. A minimum of 20% of the total number of residential lots and/or dwelling units in the planned residential development shall be included in the first phase.
(1) 
A lesser percentage may be allowed by the Borough upon submission of a modification request setting forth proof that the requested percentage will not affect the development as a whole.
(2) 
The Borough may set additional specified conditions if they deem them necessary or advisable.
C. 
Phase completion. The second and subsequent phases must be completed consistent with the development phasing plan and must be of such size and location that they constitute economically sound units of development.
(1) 
In no instance shall the second and subsequent phases, except for the last phase, contain less than 15% of the dwelling units of the total development plan.
(2) 
Gross residential density may be varied from phase to phase, provided that the average gross residential densities of all phases do not exceed the permitted average gross residential density for the entire planned residential development as set forth by Wilson Borough.
The following procedural steps outline the process for approval of a PRD application. Requirements for the content of the application documents are described in subsequent sections of this chapter.
A. 
Application procedure for tentative approval.
(1) 
Twenty complete copies of an application for tentative approval for a planned residential development shall be submitted by the landowner to the Borough. The landowner shall also submit a filing fee to the Borough in an amount specified on the fee schedule of the Borough. No plan shall be considered as properly filed until such time as the filing fee is submitted to the Borough.
(2) 
The complete application for tentative approval shall consist of the following:
(a) 
Application form.
(b) 
Site plans, architectural plans, site data.
(c) 
Draft of covenants, easement agreements, conditions and restrictions.
(d) 
Supporting information.
(e) 
Filing fee.
(3) 
The complete copies of the application for tentative approval will be distributed by the Borough to the appropriate agencies and individuals.
(4) 
Within 60 days after the Borough receives both a complete application for tentative approval of a planned residential development and the required filing fee, a public hearing shall be held by the Borough Council, which shall be advertised and conducted in the manner prescribed herein.
(5) 
Public notice shall be published once each week for two successive weeks in a newspaper of general circulation in Wilson Borough.
(a) 
The first publication shall be not more than 30 days and the second publication shall not be less than seven days prior to the date of the public hearing.
(b) 
Such notice shall state the time, date and place of the hearing and the particular location and nature of the proposed development.
(6) 
A letter from the Borough with the date of the public hearing along with a copy of the public notice and a cover letter shall be forwarded to the applicant by United States certified mail, return receipt requested, within 30 days of the official submission.
(7) 
The Zoning Officer shall conspicuously post notice of said public hearing at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. Such public notice shall be posted at least seven days prior to the date of the said public hearing.
(8) 
The public hearing shall be conducted in accordance with Article IX of the MPC.
(a) 
The Borough Council may continue the public hearings 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.
(9) 
Action by the Borough Council.
(a) 
The Borough Council shall, within 60 days following the conclusion of the public hearing as provided above or within 180 days after the filing of the application, whichever first occurs, by official written communication to the applicant, 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 of the development plan.
(b) 
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted.
(10) 
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. The written 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:
(a) 
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the 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;
(b) 
The respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Borough;
(c) 
The purpose, location and amount of the common open space, the reliability of the proposals for maintenance and conservation of 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;
(d) 
The physical design of the development plan and the manner in which the design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
(e) 
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established; and
(f) 
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 PRD in the integrity of the development plan.
(11) 
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 provided 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 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 the plan shall not be less than 12 months.
(12) 
The official written communication 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.
(13) 
In the event the PRD is granted tentative plan approval subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication from the Borough, notify the Borough Council of his refusal to accept all required 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 30 days, notify the Borough Council of his refusal to accept all said conditions, tentative approval of the development plan along with any conditions shall stand as granted.
(14) 
Tentative approval of a development plan shall not qualify a plan of the PRD for recording nor authorize construction or the issuance of any zoning and/or 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 (provided the landowner has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked or otherwise impaired by action of the Borough pending application 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.
(15) 
In the event a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon the 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 the 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.
B. 
Application for final approval.
(1) 
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Zoning Officer of the Borough within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, funds or securities in sufficient amount as determined by the Borough Council to insure performance and such other requirements as may be specified by ordinances, as well as any conditions set forth in the official written communication at the time of tentative approval. A fee shall be required at the time of submission in accordance with § 170-76. A public hearing on an application for final approval of the development plan or a part thereof shall not be required, provided the development plan or part thereof submitted for final approval is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.
(2) 
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 Council shall, within 45 days of such filing, grant such development plan final approval.
(3) 
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Borough Council may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, 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. In the event of such refusal, the landowner may either:
(a) 
Refile the application for final approval without the variations objected to.
(b) 
File a written request with the Borough Council that it hold a public hearing on his application for final approval. All plans will be referred to the Wilson Borough Planning Commission and Northampton County Planning Commission for review. 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 conducted in the manner prescribed in this section for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Borough Council shall by official written communication either grant final approval to the development plan or deny final approval. The granting 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.
(4) 
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 on 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 § 508 of the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170),[1] of said PRD or part thereof as 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 the final plat, the developer shall record the plat and post financial security in accordance with the provisions of §§ 513(a) and 509 of the Pennsylvania Municipalities Planning Code (Act 247, as amended by Act 170).[2]
[1]
Editor's Note: See 53 P.S. § 10508.
[2]
Editor's Note: See 53 P.S. §§ 10509 and 10513(a).
The following shall be submitted for PRD plan approval:
A. 
A plan indicating the location, size, topography, and vegetative cover of the site and the nature of the landowner's interest in the land proposed to be developed.
B. 
A site plan and other drawings showing the overall density, impervious surface ratio, and open space ratio, and the density of the land use to be allocated to various portions of the site to be developed, the location and size of the common open space, the use, approximate height, bulk, and location of buildings and other information, including building elevations, planting plan schedule, provisions for parking vehicles, and location and width of streets and public ways. Site plans shall include:
(1) 
The project name or identifying title.
(2) 
The name and address of the landowner of the tract, the developer, and the firm that prepared the plans.
(3) 
The plan date, and the dates of all plan revisions.
(4) 
A North arrow, a graphic scale, and a written scale.
(5) 
The entire tract boundary with bearings and distances.
(6) 
A location map, for the purpose of locating the site to be developed, at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all major roads, municipal boundaries and streams existing within 1,000 feet of any part of the property proposed to be developed.
(7) 
The plotting of all existing adjacent land uses and lot lines within 200 feet of the proposed development, including historic sites, and other significant natural or man-made features.
(8) 
The names of all immediately adjacent landowners and the Tax Map parcel number of adjacent properties, including those across any adjoining roads.
(9) 
Topographic information and identification of steep slopes differentiating between slopes from 15% to 20% and then all slopes greater than 20%. The extent of existing tree masses shall also be clearly shown.
(10) 
The delineation of one-hundred-year floodplain as per the most recent Wilson Borough FEMA Flood Insurance Study.
(11) 
The delineation of all soil types as indicated by the USDA Soil Conservation Service Soil Survey of Northampton County.
(12) 
The plotting of all existing landmarks within the proposed development, including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.
(13) 
A list of site data, including but not limited to the following:
(a) 
Total acreage of the tract.
(b) 
Zoning district.
(c) 
Proposed use of the land.
(d) 
Proposed gross area of the development.
(e) 
Proposed gross residential density.
(f) 
Proposed number of dwelling units and building type.
(g) 
Acreage and percentage of common open space.
(h) 
Proposed number of parking spaces.
(14) 
The approximate proposed location and dimensions of all proposed streets, access drives, parking areas and pedestrian circulation systems.
(15) 
The proposed location of block or lot lines with approximate dimensions and areas.
(16) 
Notation indicating which existing structure on the tract is to be retained or removed.
(17) 
The proposed location of building setback lines from all streets, and the distances between buildings and adjacent tract boundaries and lot lines.
(18) 
The proposed location, size and use of all common open space areas and recreation facilities where applicable.
(19) 
The proposed areas to be dedicated to the Borough with approximate acreage of all areas and widths of all rights-of-way.
(20) 
A proposed phasing plan of the development, which shall include the proposed time within which applications for final approval of all sections are intended to be filed.
(21) 
Plans shall include information depicting typical roadway cross-sections, lighting and planting.
C. 
Such drawings and documents as are required to establish the feasibility of proposals for water supply and the disposal of sanitary wastes and stormwater, the substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including easements or grants for public utilities.
D. 
Evidence shall be presented that the PRD is to be supplied by a certificated 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. If only an application for a certificate of public convenience from the Pennsylvania Public Utility Commission is provided, tentative approval shall be conditioned upon the applicant obtaining a certificate of public convenience.
E. 
A compilation and analysis relative to the effect of the proposed PRD with respect to the impact upon existing and proposed public facilities, utilities and roadway systems. This includes a compilation and analysis of the costs to the Borough and the projected revenue in comparison with the existing conditions and anticipated conditions if the development is created by conventional methods.
F. 
A master traffic impact study analyzing traffic generation, including an analysis of the capacity of streets serving the site as well as predictions on traffic generated by the site. A master plan of proposed on- and off-site traffic improvements which is coordinated with the project phasing plan shall be prepared and submitted as part of the study.
G. 
A lighting plan with the location and size of all street, parking compound, recreational and open space lighting fixtures, whether freestanding or affixed to buildings, including the delineation of isolux lighting lines at increments of 0.2, 0.5 and 1.0 footcandles for each fixture, as applicable, and construction details, manufacturers specifications, elevations, materials and colors for each type of lighting fixture proposed.
H. 
A landscape plan identifying existing vegetation to be retained; proposed plantings, including shade trees, designated by symbols appropriately scaled to represent the sizes of such at time of planting; a planting schedule for all proposed plantings, including botanical and common plant names, identification key, total quantity, size (height, width and caliper) at time of planting; details and specifications for all proposed plantings, topsoiling, seeding and mulching, including notes regarding special maintenance requirements temporarily during the period of establishment, or permanently, and the limits of any such special maintenance areas. The landscape plan shall meet the requirements outlined in § 170-87, Buffer yard requirements, and § 170-90, Landscaping.
I. 
Profile drawings shall be submitted for all streets, storms sewers, water mains and sanitary sewer mains. Generally, the drawings shall be at a scale of 50 feet to the inch horizontally and 10 feet to the inch vertically. Existing and proposed grades shall be shown on each drawing.
J. 
Cross-sections, details and specifications shall be submitted for all improvements, including streets, parking lots, curbs, sidewalks, bikeways, recreation facilities, play equipment, lighting, planting, sanitary sewer facilities, water mains and sediment and erosion control facilities.
K. 
An agreement shall be entered into between the Borough and the landowner to cover in detail the improvements required to be constructed as a condition of acceptance of a PRD which specify time limits for the completion of required improvements. The items to be covered by the agreement shall include, but not necessarily be limited to, the construction of streets, storm drainage facilities, sanitary sewers, water lines, street signs, survey markers and monumentation, sidewalks, curbs, off-street parking, streetlights, street trees, fire protection, and common open space improvements.
L. 
Financial security shall be calculated and posted to secure the completion of improvements in accordance with the requirements of Article V of the Pennsylvania MPC and the requirements of this article. The financial security shall be released as construction progresses in accordance with the procedure set forth in Article V of the Pennsylvania MPC. Upon completion of the improvements and acceptance of dedication by the Borough of any improvements, the landowner shall post financial security to secure the structural integrity and functioning of the improvements which have been accepted by the Borough in accordance with the requirements of Article V of the Pennsylvania MPC.
M. 
All necessary state and federal permits.
When the landowner fails to meet the schedules fixed in the tentative approval and does not appear to request an extension prior to the scheduled date or when final approval has been granted and the developer fails to start work within one year or when work is stopped for a period of one year, the PRD shall be considered to be abandoned. If the landowner fails to meet the above deadlines, and within such time does not request an extension, abandonment shall be considered to have taken place.
A. 
Borough Council shall establish, by resolution, a schedule of fees to be paid by the developer at the time of tentative and final plan filing.
B. 
The applicant shall pay the plan review fees charged according to the adopted fee schedule. At time of the plan submission, the applicant shall deposit the amount of money specified in the fee schedule with Borough Council. No application will be accepted for consideration unless accompanied by the required deposit. Charges and expenses will be withdrawn as they are incurred by Borough Council. If the charges and expenses attributable to the application exceed the amount deposited, the applicant shall be notified so that additional funds as are necessary to meet the charges and expenses are deposited with Borough Council. No plan shall be approved unless all fees are paid in full. Any amounts that were deposited in excess of the charges and expenses recorded shall be returned to the applicant following Council action on the proposal.
Borough Council shall have the authority to modify the allowed number and maximum sign area of signs allowed by Article XVII within a PRD, in response to a written application by an applicant.
A. 
Any person, partnership or corporation, who or which has violated the planned residential development provisions of this article, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by a municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the appropriate rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorneys' fees collected for the violation of planned residential development provisions shall be paid over to the municipality whose ordinance has been violated.
B. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.