The purposes of the Planned Residential Development District,
otherwise known as PRD District, are to:
A.
Encourage that the provisions of this chapter which are concerned
with the uniform treatment of dwelling type, bulk, density, and open
space within each zoning district shall not be applied to the improvement
of land or other than lot-by-lot development in a manner which would
distort the objectives of this chapter.
B.
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 dwelling, and by the conservation and more efficient
use of open space ancillary to said dwellings.
C.
Provide greater opportunities for better housing and recreation for
all who are or will be residents of the PRD District and/or the Township.
D.
Encourage a more efficient use of land and public services, and reflect
changes in the technology of land development so that the economies
so secured may inure 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, steep sloped areas, and areas of natural beauty or importance
to the natural ecosystem.
F.
In aid of these purposes, 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 ensure that the increased
flexibility of the regulations over land development established hereby
is carried out pursuant to sound, expeditious and fair administrative
standards and provisions.
G.
Reduce the excessive sprawl of development and the segregation of
land uses that cause unnecessary traffic congestion.
H.
Promote the creation of places which are oriented to the pedestrian,
thereby promoting citizen security and social interaction.
No application for a planned residential development shall be
considered or approved by the Board of Commissioners of Upper Allen
Township unless the following initial requirements are met.
A.
The planned residential development shall consist of at least 100
contiguous acres, all of which are absolutely controlled by the applicant,
and if the number of proposed dwelling units exceeds 500, it shall
abut and have direct access onto an arterial street to be within 1,000
feet of an access to a freeway or an interstate highway.
B.
The planned residential development shall be permitted to locate
only in the R-2, Medium-Density Residential District.
C.
The planned residential development shall be served by those public
water supply and public sewage disposal systems serving Upper Allen
Township. The applicant shall provide proof to the Board of Commissioners
that capacity for both utilities is available for the planned residential
development.
D.
The planned residential development shall be generally consistent
with the Upper Allen Township Comprehensive Plan or any specific plan.
A.
The Board of Commissioners of Upper Allen Township shall hear and
decide requests for a planned residential development in accordance
with the provisions of this section and the procedures and regulations
of this chapter.
B.
All provisions of the Upper Allen Township Subdivision and Land Development
Ordinance[1] shall apply to any planned residential development involving
subdivision and land development, with the exception of the following:
C.
Application procedure, general. An application for development of a planned residential development is governed by and follows the procedures of Article VII of the Pennsylvania Municipalities Planning Code (MPC).[2] The applicant shall file all applications with the Township
by the first business day of the month in which the plan will be considered
by the Township Planning Commission.
[2]
Editor's Note: See 53 P.S. §§ 10701-10713.
D.
Preapplication conference (optional).
(1)
Purpose. Before submission of an application for tentative approval
(MPC § 10707), the applicant is strongly encouraged to have
a meeting with the Board of Commissioners, Planning Commission, the
Planner, Zoning Officer, Township Engineer, the Building Codes Enforcement
Officer, and such other personnel as may be necessary to determine
the feasibility, suitability and timing of the application. The intent
of this step is for the applicant to obtain information and guidance
from the Township personnel before entering into any commitments or
incurring substantial expenses with regard to the site and the PRD
site plan preparation.
(2)
Scheduling. The request for a preapplication conference with
the Planning Commission, accepted by the Township at least 14 days
prior to the date of the regularly scheduled Planning Commission meeting.
(3)
Relationship to formal review process. The submission of a preapplication
conference submission shall not be deemed the beginning of the time
period for review as prescribed by law. The preapplication conferences
are intended to be advisory only and shall not bind the Township to
approve any application for development.
E.
Application for tentative approval. The application for tentative
approval must be executed by or on behalf of the applicant and filed
with the Township. An initial filing fee in an amount established
by the Township shall be paid upon filing of the application to be
applied against such expenses, and additional deposits shall be made
from time to time as requested by the Township to be applied against
expenses of processing the application, not to exceed the actual expenses
incurred by the Township.
(1)
Application content. An application for tentative approval of
a planned residential development shall include the following:
(a)
Seven copies: application form, provided by the Township and
completed by the applicant.
(b)
Application fee for tentative approval of a planned residential
development.
(c)
Seventeen copies: maps and information as required by the preliminary
plan requirement of the Subdivision and Land Development Ordinance,[3] which shall show compliance with Subsection 4 of § 10707
of the Pennsylvania Municipalities Planning Code. The applicant shall
also provide information to determine the location and size of the
common areas and common open space and the form of the organization
proposed to own and maintain the common areas for any planned residential
development.
(d)
Seventeen copies of an environmental impact assessment documenting
compliance with Subsections 4 and 5 of § 10707 of the MPC.
Such assessment shall indicate reasons why the planned residential
development is consistent with the Comprehensive Plan and is in the
interest of the Township.
(e)
Seventeen copies of a community impact analysis.
[1]
An analysis of the potential effects and impacts of the planned
residential development upon the following community facilities will
be required:
[a]
Transportation system;
[b]
Water supply;
[c]
Sewage disposal;
[d]
Public utilities, such as electricity, gas, telephone,
cable television;
[e]
Solid waste disposal;
[f]
Emergency services (i.e., police, fire, EMS);
[g]
School facilities and school district budget;
[h]
Recreation; and
[i]
Township revenue and expenses.
F.
Planning Commission review and comment. At the first regular scheduled
meeting of the Planning Commission after the submission of the application,
the Planning Commission shall perform the following:
(1)
Hold an open meeting where the populace shall be heard on the
application for tentative approval.
(2)
Make a written recommendation to the Board of Commissioners
on any application for tentative approval of a planned residential
development. In said recommendation, the Planning Commission shall
set forth, with particularity, the explicit reasons for its recommendation
that the proposal be either approved or denied.
G.
Cumberland County Planning Commission review and comment. At least
30 days before the public hearing, the Township shall submit the application
for tentative approval of a planned residential development to the
Cumberland County Planning Commission for review and comment as required
by the Pennsylvania Municipalities Planning Code.
H.
Public hearing. The Board of Commissioners shall hold a public hearing
on the application for tentative approval of a planned residential
development in accordance with § 10708 of the MPC. The Commissioners
shall cause notice of the public hearing to be given as follows:
(1)
By giving public notice in accordance with § 10908
of the MPC.
(2)
By posting one notice in the vicinity of each front lot line
of the site for which the planned residential development is proposed
in a place conspicuously visible from the street. In addition, notices
shall be posted at the Municipal Building. All posting shall be done
at least seven days prior to the public hearing.
I.
The Board of Commissioners shall consider whether proposed modifications
in any of the requirements of this section for the R-2 Zoning District,
except the provisions of this section, contained in an application
for tentative approval of a planned residential development will make
for a more efficient, attractive and harmonious planned development.
If such modifications, in the judgment of the Board of Commissioners,
constitute a more beneficial use of the site than provided for under
the requirements of the R-2 Zoning District, the Board of Commissioners,
in its sole discretion, may grant the modifications.
(1)
Authorized uses shall be limited to those specified in § 245-8.4.A.
(2)
No modifications shall be given for density in the R-2 Zoning
District. Densities shall not exceed the density established in § 245-8.4.C(1),
Maximum dwelling units per site.
(3)
All common open space shall be reserved as permanent open space.
(4)
Provisions for all planned residential developments shall be
in accordance with the laws of the Commonwealth of Pennsylvania for
planned residential developments.
(5)
No modification shall be granted for any construction, development, use or activity within any floodway area as identified in Article X of this chapter that would cause any increase in the one-hundred-year flood elevation.
(6)
Under no circumstances shall a modification be granted to the prohibitions of uses or activities in floodplain areas as set forth in Article X of this chapter.
(7)
Whenever a modification is granted to construct a structure
below the one-hundred-year flood elevation, the Township shall notify
the applicant, in writing, that:
J.
Findings. The Board of Commissioners shall make findings in accordance
with § 10709 of the MPC.
K.
Official written communication. The official written communication
of findings shall be certified by the Township Secretary of the Board
of Commissioners, and a certified copy shall be mailed to the applicant.
L.
Status of plan after tentative approval. The status of a plan after
tentative approval shall be in accordance with § 10710 of
the MPC.
M.
Final approval.
(1)
Submission of application. The application for final approval
of a planned residential development shall be submitted within six
months after tentative approval, unless the Board of Commissioners
grants an extension upon written request of the applicant to a date
not to exceed 18 months from the date of tentative approval. Phased
planned residential developments, however, shall have applications
for final approval made pursuant to the phase schedule set forth in
the official written communication of the findings of the Board of
Commissioners with respect to tentative approval.
(2)
Application content. An application for final approval of a
planned residential development shall include the following:
(a)
Seventeen copies: application form, provided by the Township
and completed by the applicant.
(b)
Application fee and review fees for final approval of a planned
residential development.
(c)
Seventeen copies: maps and information as required by the Upper
Allen Township Subdivision and Land Development Ordinance.
(d)
Seventeen copies: final drawings, including floor plans and
elevations (but not including working drawings for buildings), for
all structures and buildings, other than single-family detached dwelling,
prepared by a professional engineer, including all proposed signs,
all exterior illumination and all outside storage areas.
(f)
Seventeen copies: a development schedule showing:
[1]
The order of construction of the proposed sections delineated
in the final development plan.
[2]
The proposed dates for the beginning of construction on said
sections.
[3]
The proposed dates for the completion of construction on said
sections.
[4]
The proposed schedule for the construction and improvement of
the common areas.
(g)
Two copies: deed restriction proposals to preserve the character
of the common areas.
[1]
If the applicant elects the association or nonprofit corporation
method of administering common areas, the proposed bylaws of the association
or the certificate of incorporation and the incorporated bylaws of
the nonprofit corporation.
[2]
If the developer elects the condominium method of ownership
of common areas, the proposed declaration of condominium bylaws and
related documents.
(h)
Instruments dedicating all public and private rights-of-way,
easements and other public lots shown on the final development plan
from all persons having any interest in said lots; two copies if separate
from the final plat.
(i)
Improvement security. The developer shall guarantee the installation
of the private and public improvements as specified in the final development
plan by providing an improvements' security in the amount of 110%
of the estimated cost of construction of the private and public improvements
as determined in accordance with § 10509 of the MPC.
(j)
Two copies. A title insurance policy or an attorney's certificate
of title showing the status of the title to the site encompassed by
the final development plan and all liens, encumbrances and defects,
if any, in a form acceptable to the Township Solicitor.
(k)
Two copies. Tax receipts, paid receipts from the taxing bodies
indicating taxes have been paid in full up to and including the current
period.
(l)
Two copies: evidence that a commitment from a responsible financial
institution or entity has been issued to the developer for construction
financing.
(3)
Plans shall be submitted to the Township by the first business
day of the month in which the plan will be considered by the Township
Planning Commission.
N.
Planning Commission review and recommendation. The Planning Commission
shall, at its next regularly scheduled meeting after the filing of
the application for final approval, examine the application and determine
if the application meets the criteria and includes the items required
by § 245-8.3.M(2) and if the application for final approval
complies with the conditions of tentative approval, if any. The Planning
Commission shall forward its written report to the Board of Commissioners,
setting forth its findings and recommendations.
O.
Action on application for final approval. Action on the application
for final approval shall be in accordance with § 10711 of
the MPC.
P.
Recording of final development plan. Recording of the final development
plan shall be in accordance with § 10711(d) of the MPC.
The time for recording of a final development plan granted final approval
by the Board of Commissioners shall be governed by the provisions
of the Upper Allen Township Subdivision and Land Development Ordinance.[5]
Q.
Zoning permit. No zoning permit for structural alteration and erection
of structures or for occupancy and use shall be issued until the final
development plan has been approved and recorded. Upon proof of recording
and certification of final approval by the Board of Commissioners,
a zoning permit shall be issued by the Zoning Officer.
R.
Procedure for approval of amendments to planned residential developments
after final approval and/or recording. Any amendment to a planned
residential development submitted after final approval for recording
which does not violate any of the conditions or requirements of the
tentative approval or of the zoning district classification may be
approved at an open meeting of the Board of Commissioners after recommendation
by the Planning Commission. Amendments involving substantive changes
or modifications to conditions shall require a public hearing in the
same manner as for an application for tentative approval of a planned
residential development. Upon approval of the amendment, the recorded
final development plan shall be amended and rerecorded to conform
to the amendment.
S.
Completion and acceptance of public improvements. Upon completion
of the public improvements in a final development plan, the provisions
of the Upper Allen Township Subdivision and Land Development Ordinance
shall apply and govern the filing of as-built plans and the completion
and acceptance of public improvements.
T.
Release of improvement security. The release of the improvement security
required under § 245-8.3.M(2)(i) shall be governed by the
Upper Allen Township Subdivision and Land Development Ordinance, and
the acceptance of public improvements and the required maintenance
security shall be in accordance with the Upper Allen Township Subdivision
and Land Development Ordinance.
U.
Remedies to effect completion. The remedies available to the Township
to effect completion of public improvements shall be governed by the
Upper Allen Township Subdivision and Land Development Ordinance.
V.
Uniformity with the Subdivision and Land Development Ordinance.[6] The provisions of the preceding sections are intended
to make uniform the requirements of this article and the Subdivision
and Land Development Ordinance. Whenever the above cited provisions
of the Subdivision and Land Development Ordinance are amended, those
amendments shall be incorporated into this article as of the effective
date of the amendment.
A.
Uses permitted. Uses permitted in planned residential developments
shall be limited to:
(2)
Neighborhood commercial uses. Neighborhood commercial uses may
be permitted in a planned residential development only to the extent
that they are designed and intended primarily to serve residents of
the planned residential development and are compatible and harmoniously
incorporated into the unitary design of the planned residential development.
Such uses may include commercial uses of the local convenience retail
and service type, located to serve primarily the residents of the
planned residential development. Uses may include personal services,
day care, public and nonpublic schools, florist, library, public utility
buildings and laundry and dry-cleaning (personal) establishments.
B.
Applicability of other provisions. Unless otherwise specifically
stated or specifically modified by the Board of Commissioners of Upper
Allen Township, all provisions of this chapter shall apply to all
planned residential developments, and all planned residential development
uses must comply with provisions of all other applicable ordinances,
including the Subdivision and Land Development Ordinance. The provisions
of this section apply to all planned residential developments unless
otherwise stated.
C.
Residential use standards and conditions. This section specifies
the regulations for residential uses in planned residential developments.
(1)
Maximum dwelling units per site. The maximum number of dwelling
units permitted in a planned residential development shall be calculated
as follows:
|
Line Number
|
Formula
|
Results
|
|---|---|---|
|
1
|
Gross tract area (acres)
|
Acres
|
|
2
|
Area in existing streets and rights-of-way (50% of area within
overhead or underground utility easements or rights-of-way)
|
Acres
|
|
3
|
Site area (subtract Line 2 from Line 1)
|
Acres
|
|
4
|
Required open space (30% of gross tract area)
|
Acres
|
|
5
|
Environmentally sensitive areas not required in open space
|
Acres
|
|
6
|
Future infrastructure (15%)
|
Acres
|
|
7
|
Net site area (subtract Lines 4, 5, and 6 from Line 3)
|
Acres
|
|
8
|
Maximum net site density [per § 245-8.4.C(2)]
|
Dwelling units
|
|
9
|
Maximum dwelling units based on net site density (multiply Line
7 by Line 8)
|
Dwelling units
|
(2)
Net site density modifications. Net site density permitted by
the Board of Commissioners may be varied upon consideration of the
following factors:
(a)
The amount, location and proposed use of common open space,
including, but not limited to, the amount of land devoted to active
recreation facilities and the quality of the recreation facilities
or fees contributed to the Township in lieu of dedication by agreement
with the developer;
(b)
The location and physical characteristics of the site of the
planned residential development; factors such as the amount of land
limited by environmentally sensitive areas shall be considered;
(c)
The density modification from that allowed in the R-2 District
shall be granted at the discretion of the Board of Commissioners based
on the above factors determined after a public hearing where the applicant
shall have the burden to show that the modifications requested would
be in the public interest and benefit the health, safety and welfare
of the citizens of Upper Allen Township.
(d)
Notwithstanding the above, the net site density in the R-2 District
shall not exceed five dwelling units per acre, and no modifications
shall be granted to increase the net site density in the R-2 District.
(e)
Variations in density may be granted for different phases of
a planned residential development; and
(f)
Density increases will be roughly proportional to the factors
listed above in this section and, in addition, to the overall design
quality of the planned residential development, the quality and amount
of open space or fees paid by agreement of the developer in lieu thereof,
the size of individual lots and the facts considered by the MPC, this
chapter, and the Comprehensive Plan.
(3)
Mix of housing types. A planned residential development shall
have a mix of dwelling units, consisting of the following types, within
the following proportions:
(a)
Single-family detached dwellings: a minimum of 40% and maximum
of 75% of all proposed dwelling units.
(b)
Single-family semidetached dwellings: a maximum of 35% of all
proposed dwelling units.
(c)
Two-family detached dwellings: a maximum of 35% of all proposed
dwelling units.
(d)
Single-family attached dwellings (townhouses): a maximum of
35% of all proposed dwelling units.
(e)
Multiple-family dwellings: a maximum of 10% of all proposed
dwelling units.
(f)
The remainder of the housing stock shall be left to the discretion
of the applicant. The requirements of this section may be waived by
the Board of Commissioners upon the applicant successfully demonstrating
that the required housing type(s) are not then presently marketable.
Upon granting a waiver, the required percentage of the remaining housing
types shall be increased proportionately.
(4)
All dwelling units shall be designed with regard to topography,
elevation, and other natural features of the tract. The effects of
prevailing winds, seasonal temperatures, and hours of sunlight on
the physical layout and form of the proposed building shall be taken
into account.
(5)
Housing and other facilities near the periphery of the planned
residential development shall be designed so as to be harmonious with
neighboring areas. Special care shall be given to protect adjacent
land which is located in the R-1 District, VIL District, and A District.
(6)
No structures or building shall be within 20 feet of the right-of-way
of access roads or parking areas.
(7)
No structures or building shall be less than 50 feet from the
property lines of the development, and a planting strip of at least
20 feet shall be provided along all property lines at the periphery
of the development.
(8)
Yard setbacks for the uses specified in § 245-8.4.A
shall be consistent with the requirements established for those uses
in this Zoning Ordinance.
(9)
Off-street parking.
(b)
Excepting single-family, semidetached, single-family attached,
and two-family detached dwellings, all parking areas shall be located
at least 25 feet from the buildings to allow access for emergency
vehicles.
(c)
The required parking spaces shall be situated on the same lot
within 200 feet of the dwelling units to be serviced.
(10)
Streets and access drives. Plans for streets, drives, service
access, parking and walks, and all such facilities shall be reviewed
and approved, and all such facilities shall be designed and installed
in the manner prescribed by the Subdivision and Land Development Ordinance
regulations for dedication and amendments thereto, regardless of whether
they are to be presented to the Township for dedication or not.
(11)
Phased development.
(a)
Preliminary plan approval to include all phases. Where an applicant
proposes phased development of a project over time, the applicant
shall comply with all requirements for a preliminary plan approval
as required under the Subdivision and Land Development Ordinance for
all phases, except where application content requirements have been
waived.
(b)
Minimum phase size. Each section of development, except for
the last section, shall contain a minimum of 25% of the total number
of dwelling units as depicted on the preliminary plan, unless a lesser
percentage is approved by the governing body of Upper Allen Township
in its discretion.
(c)
Independence of phases. Each phase of a development shall include
the required improvements necessary to serve that phase of development
as if it were the final phase of the development, independent of any
proposed future phase of development.
D.
Neighborhood commercial use regulations.
(1)
Location. Neighborhood commercial uses shall be grouped together
adjacent to an arterial or collector street located within the planned
residential development and be provided with shared off-street parking,
signage and landscaping in accordance with provisions provided herein.
(2)
Maximum percent of site area. The maximum portion of the planned
residential development for neighborhood commercial uses shall not
exceed 5% of the net site area.
(4)
Maximum impervious surface. On any portion of the planned residential
development dedicated to neighborhood commercial uses, no combination
of structures and impervious surfaces, including asphalt or concrete
paved areas for parking, access, driveways, pedestrian access walkways
and rock-lined stormwater detention facilities, shall exceed 50% of
the site area dedicated to neighborhood commercial uses.
E.
Minimum site perimeter yard: 50 feet.
F.
Building heights shall be in accordance with the regulations specified
in the underlying zoning district.
G.
Buffers and screening shall be provided in accordance with the requirements contained in § 245-16.5 and the Upper Allen Township Subdivision and Land Development Ordinance.
H.
Outdoor lighting. Outdoor lighting shall meet the requirements contained
in § 245-16.10.G.
I.
Standards for location and management of open space.
(1)
The open space shall be located so as to be consistent with
the objectives and purposes of a planned residential development and
shall adhere to the following requirements:
(a)
A minimum of 30% of the gross tract area of the planned residential
development shall be devoted to common open space. The total amount
of common open space shall not be less than what is required in § 220-5.15.D.(2)
and (2) shall not count towards the dedication of land to the Township,
as required in § 220-5.15.D.(3) of the Upper Allen Township
Subdivision and Land Development Ordinance.
[Amended 4-6-2022 by Ord.
No. 817]
(b)
At least 2/3 of the required open space shall be designed as
one, contiguous primary park. The remaining open space shall be bulk
areas of not less than four acres each, providing a sense of spaciousness.
(d)
Land which is subject to utility or drainage easements or other
restrictions which inhibit the full use of the land shall not be counted
as part of the required open space.
(2)
There shall be provisions which ensure that the open space land
shall continue as such and be properly maintained. The developer shall
either:
(a)
Dedicate such land to public use if the Township or another
public agency has indicated it will accept such dedication;
(b)
Retain ownership and responsibility for maintenance of such
open space land; or
(c)
Provide for and establish one or more organizations for the
ownership and maintenance of all common open space. In the case of
this subsection, each organization shall be a nonprofit homeowners'
corporation, unless the developer demonstrates that a community open
space trust is a more appropriate form of organization.
(3)
If a homeowners' association or open space trust is formed,
it shall be governed according to the following regulations:
(a)
The organization shall be organized by the developer and shall
be operated with financial subsidization by the developer, if necessary,
before the sale of any lots within the development.
(b)
Membership in the organization is mandatory for all purchasers
of home therein and their successors.
(c)
The organization shall be responsible for maintenance of 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 adequate staff to administer
common facilities and to maintain the common open space.
(4)
Maintenance of common open space:
(a)
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 planned residential development, fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, the Township may serve written
notice on such organization or on the residents and owners 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 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 Township 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 the modifications thereof shall not
be cured within said 30 days or any extension thereof, the Township,
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 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 Township
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 planned residential development to be held by the
Township, at which hearing such organization or the residents and
owners of the planned residential development shall show cause why
such maintenance by the Township shall not, at the election of the
Township, continue for the next succeeding year. If the Township shall
determine that such organization is ready and able to maintain said
common open space in reasonable condition, the Township shall cease
to maintain said common open space at the end of said year. If the
Township shall determine such organization is not ready and able to
maintain said common open space in a reasonable condition, the Township
may, at 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 Township
in any such case shall constitute a final administrative decision
subject to judicial review.
(b)
The cost of such maintenance by the Township 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. Said assessments or charges
shall be subordinate in lien to the lien of any mortgage or mortgages
on the property which is subject to such assessments or charges, regardless
of when said mortgage or mortgages were created or when such assessments
or charges accrued, provided that such subordination shall apply only
to assessments or charges that have become payable prior to the passing
of title under foreclosure of such mortgage or mortgages, and the
transferee shall not be liable for payment of any assessments or charges
occurring prior to said foreclosure, but nothing herein shall be held
to affect the rights herein given to enforce the collection of such
assessments or charges accruing after sale under foreclosure of such
mortgage or mortgages, and provided further, that such charges accruing
after sale shall also be subordinate in lien to the lien of any further
mortgage or mortgages which are placed on property subject to such
assessments or charges, with the intent that no such charges shall
be at any time prior in lien of any mortgage or mortgages whatsoever
on such property. The Township, at the time of entering on said common
open space for the purpose of maintenance, shall file a notice of
such lien in the office of the prothonotary of the county on the properties
affected by such lien within the planned residential development.
(5)
Development plan.
(a)
In accordance with § 10706 of the Municipalities Planning
Code, the provisions of the development plan relating to the use,
bulk and location of buildings and structures; the quantity and location
of common open space; and the intensity of use or the density of residential
units shall run in favor of the municipality and shall be enforceable
in law or in equity by the municipality, without limitation on any
powers of regulation otherwise granted the municipality by law.
(b)
The development plan shall specify those of its provisions which
shall run in favor of and be enforceable by residents of the planned
residential development and, in addition, the manner in which such
residents may modify or release such rights.
