The purposes of planned residential development provisions are:
A. 
To encourage innovations in residential development so that the demand for housing may be met by greater variety and maximum choice in the type, design, and layout of dwellings and by the conservation and efficient use of recreation open space ancillary to said dwellings.
B. 
To encourage a more efficient use of land and to reflect changes in the technology of land development so that the economies achieved may benefit those who need homes.
C. 
To encourage more flexible land development which will respect and conserve natural resources such as streams, floodplains, wetlands, wooded areas, steeply sloped areas, areas of unusual beauty, and significant natural habitats.
D. 
To provide a greater variety of housing types, and giving inhabitants a broader range of dwelling types from which they can choose to satisfy their changing life styles and requirements.
An application for a planned residential development shall not be eligible for tentative approval unless the following initial requirements are met:
A. 
The proposed planned residential development shall consist of one or more contiguous parcels of land under ownership purchase agreement, option to purchase, leasehold agreement, or other similar legal agreement by a single legal entity to own and/or develop the land.
B. 
The proposed planned residential development shall contain the total minimum land area specified in the Schedule of Area, Yard, and Height Requirements.[1]
[1]
Editor's Note: Said schedule is included as an attachment to Chapter 295, Zoning.
C. 
The proposed planned residential development shall be connected to public water and sanitary sewer systems.
D. 
No multifamily dwellings shall be constructed until there is such evidence that adequate fire protection is available to serve such dwellings.
A. 
Residential uses. The PRD shall contain at least two of the residential uses listed below:
(1) 
Single-family dwellings.
(2) 
Duplex dwellings.
(3) 
Two-family dwellings.
(4) 
Townhouse dwellings.
(5) 
Multifamily dwellings.
B. 
Mix of housing types. The mix of residential uses and housing types shall be determined by the following:
No one type of dwelling unit shall exceed 70% of the total dwelling units. The general standards for mix of housing set forth in this section may be modified by the Borough Council where it is the opinion of the Council that the findings of the site analysis justify a modification. Where proposed housing mixes deviate from the standards in this section, the burden of proof shall be upon the developer to demonstrate the proposals are in general accord with the Borough Comprehensive Plan and that the characteristics of the PRD site and the surrounding area justify a mix than otherwise is permitted.
C. 
Nonresidential uses. Nonresidential uses may be permitted to the extent that they are designed and intended to serve the daily and convenient shopping and personal service needs of the planned residential development residents and are compatible and harmoniously incorporated into the design of the planned residential development. A market feasibility study to show need shall be provided by the applicant.
D. 
Density and locational requirements.
(1) 
The density for the total PRD site and any phase of the PRD shall not exceed eight dwelling units per acre.
(2) 
The percentage of the site which is to be covered by the buildings, streets, parking areas and other impervious cover shall not exceed 30% of the total site area.
(3) 
The percentage of the site to be devoted to common open space shall be no less than 25% of the total site area. The 25% requirement shall not include slopes greater than 20%, wetlands, one-hundred-year floodplains, parking areas, streets, yard areas of less than 25 feet around all buildings and other areas unusable because of environmental constraints.
(4) 
The percentage of the site to be devoted to nonresidential uses shall not exceed 5% of the total site area.
(5) 
No structure shall be located within 50 feet of a boundary of the PRD or a street outside the PRD.
A. 
Site analysis.
(1) 
Natural features analysis. A thorough analysis of the natural features of the site is required to include the following categories:
(a) 
Hydrology. Analysis of natural drainage patterns and water resources, including streams, natural drainage, swales, ponds or lakes, wetlands, floodplain areas, permanent high water table areas, and seasonal high water table areas.
(b) 
Geology. Analysis of characteristics of rock formations underlying the site, including defining aquifers, shallow bedrock areas, and areas in which rock formations are unstable.
(c) 
Soils. Analysis of types of soils present in the site areas, including delineation of aquifer recharge soil areas, unstable soils, soils most susceptible to erosion, and soils suitable for development.
(d) 
Topography. Analysis of site terrain, including contour mapping and delineation of slope areas over 20%, between 10 and 20% and under 10%.
(e) 
Vegetation. Analysis of tree and plant cover, emphasizing location of woodland areas. Dominant tree and plant species and their characteristics shall be identified.
(2) 
Community impact analysis. In order to determine the impact of the planned residential development upon the Borough, an analysis of the potential effects of the PRD upon public facilities, utilities, and street systems is required. A comparison of the costs to the Borough versus the revenues to the Borough shall be included in the analysis. Market analysis data estimating potential market demand for types of housing in the PRD shall also be presented.
B. 
Site design requirements.
(1) 
Residential uses.
(a) 
The natural features of the site shall be a major factor in determining the siting of dwelling units.
(b) 
Dwellings shall be located and sited so as to promote pedestrian and visual access to common open space.
(c) 
Dwelling units shall be located and arranged so as to promote privacy for residents within the PRD and maintain privacy for residents adjacent to the PRD.
(d) 
No structure shall be located within 20 feet of a street right-of-way.
(2) 
Commercial uses.
(a) 
All commercial uses shall be located with direct access to either a collector or arterial street within the PRD.
(b) 
Signs for commercial uses are permitted subject to the following restrictions:
[1] 
A single sign for the commercial area is permitted. Such sign shall be limited to a height of six feet with a total maximum area of 30 square feet.
[2] 
Signs for individual uses shall be permitted on the structure (except roof signs). Signs shall be limited to the store name and shall be no more than 30 square feet.
[3] 
Signs may be illuminated by shielded floodlights providing such lighting is designed and located so as to direct light away from adjacent residences.
(3) 
Common open space.
(a) 
The location, shape, size, and character of the common open space shall be provided in a manner consistent with the objectives set forth for PRD in this chapter, and suitable for active and passive recreation.
(b) 
Whenever possible, common open space shall be designed as a contiguous area interspaced with residential areas to provide pedestrian and visual access.
(c) 
Significant natural features such as woodland areas, large trees, and scenic views shall be incorporated into common open space areas whenever possible.
(d) 
Development of the PRD must be planned so as to coordinate the establishment of common open space areas and the construction of dwelling units.
(4) 
Streets.
(a) 
The street system of the PRD shall be designed so as to relate harmoniously with land uses within and adjacent to the PRD through the establishment of a hierarchy of roadway functions which includes collector and local streets, to create a separation of automobile and pedestrian traffic through the coordinated design of streets, dwelling units, common open space areas, and pedestrian walkways, to create efficient and safe connections with the existing street system of the Borough, and to minimize through traffic in residential areas.
(b) 
The street right-of-way and cartway widths and curbs and sidewalks shall be as specified by this chapter.
(c) 
The design and construction of streets must conform to the standards set forth in this chapter relative to paving specifications, cartway design, horizontal and vertical alignment and sight distances.
(5) 
Parking.
(a) 
Parking shall be in accordance with Chapter 295, Zoning.
(b) 
Parking areas shall be arranged so as to prevent through traffic to other parking areas and shall be of a size which prevents large, expansive parking lots.
(c) 
Parking areas shall be landscaped.
(d) 
The construction of off-street parking areas must be in conformance with standards set forth in this chapter.
(6) 
Lighting. All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted in accordance with the requirements of this chapter. All costs shall be the responsibility of the developer.
(7) 
Soil erosion control and storm drainage. Soil erosion control and storm drainage shall be specified and approved by the head of Borough Engineering Service, or other officials as designated, in accordance with applicable Borough ordinances.
(8) 
Tree conservation and landscaping.
(a) 
Existing trees shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks, and paved areas.
(b) 
Where extensive natural tree cover and vegetation does not exist and cannot be preserved, landscaping shall be regarded as an essential feature of the PRD. In these cases, extensive landscaping shall be undertaken to enhance appearance, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units.
(c) 
Street trees shall be provided along all streets.
A. 
Telephone, electric, and cable TV utilities shall be installed underground.
B. 
Refuse stations to serve residential, recreational, and commercial areas shall be designed with suitable screening, and located so as to be convenient for trash removal and not offensive to nearby residential areas.
C. 
All improvements required by this chapter shall be provided. With the exception of standards explicitly set forth in this PRD section, site improvements shall conform to standards otherwise set forth in this chapter.
D. 
Construction of all required improvements in a PRD shall be guaranteed pursuant to an improvements agreement and performance guarantee with the Borough as specified in this chapter.
The developer shall make provisions which insure that the common open space land shall remain in perpetuity and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance, and preservation of open space which shall conform to the following standards and procedures:
A. 
The organization shall be established by the developer before the sale or rental of dwelling units. Documents relating to the organization shall be approved by the Borough prior to the granting of final plan approval.
B. 
The form, financial capability, rules of membership, and methods of cost assessment of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization.
C. 
The organization responsible for maintenance, preservation, and improvement of common open space areas shall be the sole owner of the common open space lands.
D. 
In the event that the organization established to own and maintain a common open space of 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.
E. 
At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may be given an extension of time within which they shall be corrected.
F. 
If the deficiencies set forth in the original notice or in the modifications thereof are not corrected within 30 days or any extension thereof, the Borough may take actions authorized by the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A planned residential development may be developed in stages if the following standards are met:
A. 
The location and approximate time of construction of each stage are clearly marked on the development plan and approved by the Borough.
B. 
The stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units of development.
A. 
Preapplication consultation.
(1) 
Prior to the preparation and submission of an application for tentative approval, a preapplication consultation meeting shall be held with the Borough Planning Commission. The purpose of this informal meeting is to discuss the general intent of the landowner, to consider relationships to the Borough Comprehensive Plan, and to outline the approval process and the specific requirements for plan preparation and submission. No statement or representation of the Borough Planning Commission shall be binding on the Borough. It is required that a sketch plan be submitted showing at least the following information:
(a) 
Tract boundaries and North point.
(b) 
Streets on and adjacent to the tract.
(c) 
Significant natural features.
(d) 
Proposed general street layout, open space layout, general land use pattern and general lot and building arrangement.
(e) 
Tract acreage.
(2) 
The Borough Planning Commission may specify required documentation to accompany submission for tentative plan application at this time.
B. 
Application for tentative approval.
(1) 
The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Borough Engineer. An initial deposit as established by resolution of Borough Council shall be paid upon filing of the application to be applied against the expenses of processing the application and additional deposits made from time to time as requested by the Borough, not to exceed actual expenses incurred by the Borough.
(2) 
The application for tentative approval shall include documentation illustrating compliance with all of the standards for PRD set forth in this section, include documentation required by the Borough Planning Commission and include all information and documents required for a preliminary plan by this chapter, and shall constitute the development plan for the planned residential development.
(3) 
One copy of every application for tentative approval received by the Borough shall be promptly forwarded to the County Planning Commission for study and recommendation as required by law. The County Planning Commission shall review and report upon the application to the Borough within 30 days of such referral.
C. 
Public hearings. Borough and county reviews and public hearings for tentative plan approval and final plan approval shall be conducted in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
Findings.
(1) 
Time frame for granting or denying tentative approval.
(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 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.
(2) 
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:
(a) 
In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Borough;
(b) 
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;
(c) 
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;
(d) 
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;
(e) 
The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and
(f) 
If the case of a development plan which proposed 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.
(3) 
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 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 developments 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.
E. 
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, a section thereof. Said application shall be made to the Borough within the time or times specified by the official written communication regarding the tentative plan. If the application for final approval is in compliance with the tentatively approved development plan and any conditions of tentative approval, a public hearing shall not be required.
(2) 
The application for final approval shall include all requirements for a final plan specified in this Borough Subdivision and Land Development chapter and any documentation required by the tentative approval.
F. 
Guarantee of improvements. Guarantee for improvements and an improvements agreement shall be submitted in accordance with this Borough Subdivision and Land Development chapter.
G. 
Procedures after application for final approval.
(1) 
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 shall, within 45 days from the date of the regular meeting or the Borough Council or the Planning Commission, 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.
(2) 
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 date of the regular meeting of the Council or the Planning Commission, 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:
(a) 
Refile his application for final approval without the variations objected; or
(b) 
File a written request with the Borough Council that it hold a public hearing on his application for final approval.
(3) 
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, the 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 the Borough Council 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.