A.
Planned residential development shall consist of dwelling
units in detached, semidetached, attached or multistoried structures,
or any combination thereof; plus the following auxiliary and accessory
uses designed to serve the residential development:
(1)
Adequate safe and convenient pedestrian and vehicular
circulation facilities, including roadways, driveways, off-street
parking and loading, sidewalks, malls and landscaped areas.
(2)
Paving and drainage facilities of sufficient capacity
to handle all stormwaters collecting upon the site, or running off
the site upon completion of the proposed development, as well as to
prevent erosion and the formation of dust.
(3)
Signs and lighting devices arranged in such a manner
as to cause no detriment or inconvenience to the residential uses.
(4)
Open space suitable for use as play areas for children,
or as outdoor living space for families.
(5)
Retail, commercial, and other uses designed to serve
residential uses in the PRD complex and surrounding neighborhood.
B.
All of the aforesaid auxiliary and accessory uses
shall be built and provided before the residential uses are built;
however, in the case of large-scale planned residential development
complexes proposed to be developed over a period of years, development
may take place in phases applicable to clearly delineated geographic
segments of the comprehensive plan for development of the entire PRD
complex, subject to the approval of the Borough Council. In all such
cases, the developer shall submit to the Borough Council his schedule
and timing for the various phases of proposed development; and the
Borough Council may, at its discretion, permit the completion of each
phase with auxiliary and accessory use development followed by residential
use development prior to the commencement of the next scheduled phase.
A.
All planned residential developments shall be located
on tracts of land not less than five acres in size, which are under
single ownership or control. Gross residential density shall not exceed
3.3 dwelling units per acre.
B.
At least 25% of the PRD tract must be retained in
open space accessible to the dwelling units for use as play area for
children, or as outdoor living space for families. Areas for both
active and passive recreational uses shall be developed.
C.
At least 10% of the PRD tract shall be developed and
maintained for retail or other commercial use.
A.
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.
B.
In the event that the Borough does not require or
accept the dedication of land set aside for use as common open space,
pursuant to this section, the landowner shall provide for and establish
an organization for the ownership and maintenance of the common open
space by means of deed covenants.
C.
Any organization established pursuant to the regulations
of this section 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.
D.
In the event that an organization established pursuant
to the regulations of this section 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 shall 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.
E.
If the deficiencies set forth in the original notice
or in the modifications thereof shall not be corrected within 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. 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 Borough Council,
at which hearing such organization or the residents of the planned
residential development shall show cause why maintenance by the Borough
shall not, at the option of the Borough, continue for a succeeding
year. If the Borough Council shall determine that such organization
is ready and able to maintain said common open space in reasonable
condition, the Borough shall cease to maintain said common open space
at the end of said year. If the Borough Council shall determine that
such organization is not ready and able to maintain said 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. The decision of the Borough Council shall be subject to
appeal in the Carbon County Court of Common Pleas.
F.
The cost of maintenance of common open space by the
Borough, pursuant to this section, 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 Carbon County
upon the properties affected by the lien within the planned residential
development.
A.
The authority granted to municipalities under Article V of the Pennsylvania Municipalities Planning Code to establish standards for the location, width, course and surfacing of streets, walkways, curbs, gutters, streetlights, shade trees, water, sewerage and drainage facilities, easements or rights-of-way for drainage and utilities, reservations of public grounds and other improvements is hereby vested in the Borough Council for the purpose of regulating and controlling planned residential development.
B.
The standards and requirements applicable to the improvements
specified under this section, as they appear in the subdivision regulations
applicable to the Borough of Jim Thorpe,[1] pursuant to Article V of the Pennsylvania Municipalities Planning Code, shall be applicable to planned residential development. The PRD development shall be served by off-site water and sewer facilities. Buildings and streets shall be so arranged as to permit accessibility by emergency vehicles at all times.
The developer shall demonstrate that a sufficient
market exists for the type, size and character of dwelling units proposed
for inclusion in the planned residential development.
To further the mutual interest of the residents
of the planned residential development and of the public in the preservation
of the integrity of the development plan, as finally approved, and
to insure that modifications, if any, in the development plan shall
not impair the reasonable reliance of the said residents upon the
provisions of the development plan, nor result in changes that would
adversely affect the public interest, the enforcement and modification
of the provisions of the development plan as finally approved, whether
those are recorded by plat, covenant, easement or otherwise, shall
be subject to the following provisions:
A.
The provisions of the development plan relating to:
(1)
The use, bulk and location of buildings and structures,
(2)
The quantity and location of common open space, except
as otherwise provided in this chapter; and
(3)
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.
All provisions of the development plan shall run in
favor of the residents of the planned residential development, but
only to the extent expressly provided in the development plan and
in accordance with the terms of the development plan, and to that
extent said provisions, whether recorded by plat, covenant, easement
or otherwise, may be enforced at law or equity by said residents acting
individually, jointly, or through an organization designated in the
development plan to act on their behalf; provided, however, that no
provisions of the development plan shall be implied to exist in favor
of residents of the planned residential development except as to those
portions of the development plan which have been finally approved
and have been recorded.
C.
All those provisions of the development plan authorized
to be enforced by the municipality under this section may be modified,
removed, or released by the municipality, except grants or easements
relating to the service or equipment of a public utility, subject
to the following conditions:
(1)
No such modification, removal or release of the provisions
of the development plan by the municipality shall affect the rights
of the residents of the planned residential development to maintain
and enforce those provisions, at law or equity, as provided in this
section.
(2)
No modification, removal or release of the provisions
of the development plan by the municipality shall be permitted except
upon a finding by the Borough Council, following a public hearing
thereon pursuant to public notice called and held in accordance with
the provisions of this article, that the same is consistent with the
efficient development and preservation of the entire planned residential
development, does not adversely affect either the enjoyment of land
abutting upon or across the street from the planned residential development
or the public interest, and is not granted solely to confer a special
benefit upon any person.
D.
Residents of the planned residential development may,
to the extent and in the manner expressly authorized by the provisions
of the development plan, modify, remove or release their rights to
enforce the provisions of the development plan, but no such action
shall affect the right of the municipality to enforce the provisions
of the development plan in accordance with the provisions of this
section.
A.
Application for tentative approval of planned residential
development. In order to provide an expeditious method for processing
a development plan for a planned residential development under the
terms of an ordinance adopted pursuant to the powers granted herein,
and to avoid the delay and uncertainty which would arise if it were
necessary to secure approval by a multiplicity of local procedures
of a plat of subdivision as well as approval of a change in the zoning
regulations otherwise applicable to the property, it is hereby declared
to be in the public interest that all procedures with respect to the
approval or disapproval of a development plan for a planned residential
development and the continuing administration thereof shall be consistent
with the following provisions:
(1)
An application for tentative approval of the development
plan for a planned residential development shall be filed by or on
behalf of the landowner;
(2)
The application for tentative approval shall be filed
with the Borough Council by the landowner on forms supplied by the
Borough Council, together with a fee, as set from time to time by
resolution of the Borough Council, and a map or plan of the proposed
planned residential development drawn to a scale of one inch equals
100 feet.[1]
(3)
The application and map submitted by the landowner
for tentative approval of the proposed PRD shall set forth the following
information:
(a)
The location, size and topography of the site
and the nature of the landowner's interest in the land proposed to
be developed;
(b)
The density of land use to be allocated to parts
of the site to be developed;
(c)
The location and size of the common open space
and the form of organization proposed to own and maintain the common
open space;
(d)
The use and the approximate height, bulk and
location of buildings and other structures;
(e)
The feasibility of proposals for the disposition
of sanitary waste and stormwater;
(f)
The substance of covenants, grants of easements
or other restrictions proposed to be imposed upon the use of land,
buildings and structures, including proposed easements or grants for
public utilities;
(g)
The provisions for parking of vehicles and the
location and width of proposed streets and public ways;
(h)
The required modifications in the municipal
land use regulations otherwise applicable to the subject property;
and
(i)
In the case of development plans which call
for development over a period of years, a schedule showing the proposed
times within which applications for final approval of all sections
of the planned residential development are intended to be filed. This
schedule must be updated annually, on the anniversary of its approval,
until the development is completed and accepted.
(4)
The application for tentative approval of a planned
residential development shall include a written statement by the landowner
setting forth the reasons why, in his opinion, a planned residential
development would be in the public interest and would be consistent
with the comprehensive plan for the development of the municipality.
B.
Public hearings.
(1)
Within 60 days after the filing of an application
for tentative approval of a planned residential development pursuant
hereto, a public hearing pursuant to public notice on said application
shall be held by the Borough Council in the manner prescribed for
the enactment of an amendment to a zoning ordinance. The Chairman,
or, in his absence, the Acting Chairman, of the Borough Council may
administer oaths and compel the attendance of witnesses. All testimony
by witnesses at any hearing shall be given under oath and every party
of record at a hearing shall have the right to cross-examine adverse
witnesses.
(2)
A verbatim record of the hearing shall be caused to
be made by the Borough Council whenever such records are requested
by any party to the proceedings; but the cost of making and transcribing
such a record shall be borne by the party requesting it and the expense
of copies of such record shall be borne by those who wish to obtain
such copies. All exhibits accepted in evidence shall be identified
and duly preserved or, if not accepted in evidence, shall be properly
identified and the reason for the exclusion clearly noted in the record.
(3)
The Borough Council may continue the hearing from
time to time, and may refer the matter back to the Borough Planning
Commission for a report; 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.
C.
Findings.
(1)
Grant or denial of approval.
(a)
The Borough Council, within 60 days following,
the conclusion of the public hearing provided for in this chapter,
shall, by official written communication to the landowner, either:
(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 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, 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 communications 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 municipality;
(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)
In the case of a development plan which proposes
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, 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.
D.
Status of plan after tentative approval.
(1)
The official written communication provided for in
this article shall be certified by the secretary or Clerk of the Borough
Council and shall be filed in his or her office, and a certified copy
shall be mailed to the landowner. Where tentative approval has been
granted, the same shall be noted on the Zoning Map.
(2)
Tentative approval of a development plan shall not
qualify a plat of the planned residential development for recording
nor authorize development or the issuance of any 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 (and provided that the landowner has
not defaulted nor violated any of the conditions of the tentative
approval), shall not be modified or revoked nor otherwise impaired
by action of the municipality pending an application or applications
for final approval, without the consent of the landowner provided
an application 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.
(3)
In the event that a development plan is given tentative
approval and thereafter, but prior to final approval, the landowner
shall elect to abandon said 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 that portion of the
area included in the development plan for which final approval has
not been given shall be subject to those Borough 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 secretary
or Clerk of the Borough of Jim Thorpe.
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, for a section thereof. Said application shall
be made to the Borough Council and within the time or times specified
by the official written communication granting tentative approval.
The application shall include any drawings, specifications, covenants,
easements, performance bond and such other requirements as may be
specified by ordinance, as well as any conditions set forth in the
official written communication at the time of tentative approval.
A public hearing on an application for final approval of the development
plan, or part thereof, shall not be required, provided the development
plan, or the 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 the ordinance 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)
Variations from plan given tentative approval.
(a)
In the event the development plan as submitted
contains variations form 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:
(b)
If the landowner wishes to take either such
alternate action be 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 prescribed in this chapter 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.
(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 recorded forthwith in the office of the
Recorder of Deeds before any development shall take place in accordance
therewith. Upon recording of the development plan, the zoning and
subdivision regulations in conflict with the regulations of this chapter
shall cease to apply to said plan. Pending completion within a reasonable
time 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 Borough Council.
(5)
In the event that a development plan, or a section
thereof, is given final approval and thereafter the landowner shall
abandon such plan or the section thereof that has been finally approved,
and shall so notify the Borough Council in writing; or, in the event
the landowner shall fail to commence and carry out the planned residential
development within such reasonable period of time as may be fixed
by ordinance after final approval has been granted, no development
or further development shall take place on the property included in
the development plan until after said property is resubdivided and
is reclassified by enactment of an amendment to the municipal zoning
ordinance in the manner prescribed for such amendments in said zoning
ordinance.
