The purpose of the planned residential development regulations
include:
A. Encourage innovations in residential development to meet the growing
demand for housing.
B. Encourage greater variety in type, design and layout of residential
dwellings.
C. Conserve open space and encourage a more efficient use of land and
public services.
D. Ensure increased flexibility of land development regulations.
E. Accommodate changes in land development technology.
F. Provide a procedure to relate the type, design and layout of residential
development to the characteristics of a particular lot.
The provisions of this article are enacted pursuant to Article
VII of the MPC, 53 P.S. § 10701 et seq., as amended, the procedures and requirements of which are incorporated herein by reference.
Prior to filing an application for tentative plan approval under
this article, a prospective applicant should attend a preapplication
conference between the prospective applicant, the Borough Solicitor,
and the Zoning Officer and/or Borough Engineer to discuss the applicable
regulations governing proposed development and the feasibility and
timing of the applications for approval. The preapplication conference
requires no formal application or fee. This opportunity is afforded
to the prospective applicant to obtain information and guidance from
the Borough staff before entering into binding commitments or incurring
substantial expenses for plan preparation.
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 of 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 Section 508 of the
Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53
P.S. § 10508, of said planned residential development or
of that part thereof, as the case may be, that has been 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 a final plat, the developer shall
record the plat in accordance with the provisions of Section 513(a)
of the MPC, 53 P.S. § 10513(a), and post financial security
in accordance with Section 509 of the MPC, 53 P.S. § 10509,
and in accordance with the Borough's subdivision regulations.
The final approval of a development plan shall be revoked if the landowner and/or developer provides the Borough with written notice of his intention to abandon the plan or if the landowner and/or developer fails to commence and carry out the PRD in accordance with the time provisions referenced in Section 508 of the MPC, 53 P.S. § 10508, and/or the final plan approval decision. Upon the occurrence of such a revocation, no further development shall occur on the property that is the subject of the revoked development plan until after the said property is reclassified by enactment of an amendment to this chapter in the manner prescribed for such amendments in MPC Article
VI.
At the time of filing an application for preliminary development
plan approval, the applicant shall make payment to the Borough of
a fee, in an amount as established from time to time by resolution
of Borough Council, for filing and review costs and to cover advertising
costs. This fee shall also cover costs of reclassifying the subject
area, after approval of all final plans, to the Planned Residential
Development (PRD), which shall be recorded on the Official Zoning
Map of the Borough within 10 days after final approval.
Prior to final plan approval of the PRD, the Borough Council may approve deviations from the requirements of this article. Requests for deviations from the requirements of this article shall be subject to the application and approval procedures, requirements and standards for waivers under §
250-41 of Chapter
250, Subdivision and Land Development.
Enforcement and modification of provisions of a final approved PRD plan shall be in accordance with Article
VII of the MPC, 53 P.S. § 10701 et seq.
The provisions of this article are not severable. In the event
any portion of this article shall be declared invalid and unenforceable,
it is the intention of the Borough that the PRD planned residential
development be eliminated in its entirety, with the zoning classification
of property within the PRD reverting to the underlying zoning district.