The purpose of these Planned Residential Development
(PRD) regulations is to permit residential development which is more
creative and imaginative than is generally possible under conventional
zoning district controls and subdivision requirements. Further, these
regulations are intended to promote more economical and efficient
use of the land while providing a compatible blend of housing types,
amenities and community facilities of high quality, oriented to the
specific development site and providing public trails, and preserving
the natural scenic qualities of open space.
The provisions of this article for approval
of a planned residential development shall be a modification to and
in lieu of procedures and criteria for approvals otherwise required
in this chapter and the Municipal Subdivision and Land Development
Ordinance.[1] Failure to comply with the provisions of this article
with respect to a recorded development plan shall be deemed to constitute
a violation of this chapter.
A.
Site area. In the R-R, R-1 and R-2 Zoning Districts,
the minimum site required for a planned residential development shall
be 25 contiguous acres; in the R-3 Zoning District the minimum site
area shall be 10 contiguous acres. Public easements or rights-of-way
and public or private streets shall not be construed as an interruption
or division of a site proposed for a planned residential development.
B.
Site ownership. The site proposed for a planned residential
development shall be under single ownership and control. Prior to
submitting an application for tentative approval, the applicant shall
demonstrate that he is the landowner, as defined by this chapter.
Legal, as well as equitable, ownership shall be demonstrated coincident
with approval of the final development plan.
C.
Dwelling units authorized. In all zoning districts
where a planned residential development is located, any of the following
dwelling units may be included in a planned residential development:
|
R-R, R-1 and R-2
|
R-3 District
| |
|---|---|---|
|
Single-family dwelling
|
Single-family dwelling
| |
|
Two-family dwelling
|
Two-family dwelling
| |
|
Triplex
|
Triplex
| |
|
Fourplex
|
Fourplex
| |
|
Townhouse
|
Garden apartment
| |
|
Townhouse
| ||
|
Apartments
|
D.
Recreational and other common facilities for the residents.
(1)
In addition to the residential uses permitted in a
planned residential development, recreation facilities designed for
the use of the residents of the planned residential development shall
be permitted, including but not limited to hiking, biking or exercise
trails; tennis, paddle tennis, basketball, volleyball or other playing
courts; swimming pool and related facilities; golf course or putting
green; community building for meetings and social activities; picnic
pavilions; other active and passive recreational uses deemed appropriate
to the proposed residents of the planned residential development by
the Council.
(2)
Public trails in required common open space. The developer
shall comply with the Municipality of Murrysville 2000 Recreation,
Park and Open Space Plan and subsequent Policy for the Acquiring and
Constructing of Public Trails within Residential Developments. Compliance
with the plan, dedication of easements or rights-of-way as required
by the standards of Ordinance No. 631-03 and amendments, and providing
the required common open space shall be deemed as satisfaction of
the mandatory dedication of land for parks and recreation requirement
of Ordinance No. 631-03 and amendments.[1]
E.
Maximum dwelling unit density.
(1)
Regardless of whether a planned residential development
is comprised of a mix of dwelling unit types or a single type of dwelling
unit, the maximum dwelling unit density shall be calculated as "density,
net residential" and shall be the same as that of the base zoning
district. Dwelling unit density shall be calculated as follows:
|
Number of Units Permitted = [(Gross Acreage — Acreage
of Environmentally Sensitive Areas) * .8)] / Minimum Acres per Dwelling
Unit permitted in the underlying residential district)
|
|
The aforementioned "environmentally sensitive
areas" shall be deemed to include steep slopes, floodplains, and wetlands.
|
(2)
Or, the developer may submit, or the Planning Commission
or Council may require the developer to submit, a plan showing how
the site may be developed under conventional zoning following all
current ordinances, including grading, slopes, wetlands, land development,
streets, etc.; such plan must also be economically viable. This number
of lots achieved in the conventional subdivision could be approved
by the Planning Commission and Council as an adjusted maximum density.
F.
Minimum building setback on the perimeter of the planned
residential development site. In the R-3 District, apartments shall
be located no closer to the boundary of the planned residential development
site than 50 feet. In all zoning districts where planned residential
development is authorized, no garden apartment, townhouse, triplex
or fourplex shall be located closer to any boundary of the planned
residential development site than 50 feet. All other structures shall
be located at least 40 feet from the boundary of the planned residential
development site. No accessory structure and no off-street parking
shall be located in this required perimeter setback area.
G.
Distance between buildings. Where two or more principal
multifamily buildings that are three stories or less in height are
proposed on one lot, the minimum distance between the buildings shall
be 10 feet. Where two or more principal multifamily buildings that
are more than three stories in height are proposed on one lot, the
minimum distance between the buildings shall equal the height of the
taller building.
H.
Modifications to otherwise applicable zoning and subdivision
regulations
(1)
The design and construction standards of the Municipal
Subdivision and Land Development Ordinance[2] shall apply to all public improvements proposed in a planned
residential development unless a waiver or modification is granted
by the Council in accordance with the procedure specified in the Municipal
Subdivision and Land Development Ordinance.
[2]
Editor's Note: See , Subdivision and Land
Development.
(2)
Except for maximum dwelling unit density and maximum
building height, any of the other requirements of the underlying zoning
district classification may be modified by the Council in granting
tentative approval to a planned residential development, if the Board
determines that the requested modification or modifications will contribute
to a more beneficial use of the site, will not be contrary to the
public interest and are warranted owing to unique physical circumstances
or conditions unique to the particular property.
(3)
All requests for modification shall be in writing
and shall accompany and be a part of the application for tentative
and final approval. Such written request shall specify the ordinance
section from which a modification is requested and shall state the
grounds for the request, the unreasonable hardship on which the request
is based and the minimum modification necessary to relieve the hardship.
(4)
Whenever a request for modification is granted or
denied, the reasons for such grant or denial shall be stated within
the official written communication to the landowner. The grant of
a modification request may be subject to reasonable conditions designed
to promote the purposes set forth in this article.
A.
Access and traffic control
(2)
The projected traffic volumes associated with the
proposed planned residential development shall be capable of being
accommodated by the adjacent street network.
(3)
The developer shall demonstrate, by submission of
a traffic study, that the projected traffic from the planned residential
development shall not materially increase congestion and impair safety
on adjacent public streets.
(4)
Ingress and egress to and from the site shall be designed
to comply with the minimum requirements of the Municipal Subdivision
and Land Development Ordinance.
B.
Public water and sewer service. All dwelling units
and other principal structures in a planned residential development
shall be connected to a public water supply and public sanitary sewer
service.
C.
Storm drainage. The developer shall provide a storm
drainage system within a planned residential development that shall
be of sufficient size and design to collect, carry off and dispose
of all predictable surface water runoff within the planned residential
development and shall be so constructed to conform with the statutes,
ordinances and regulations of the Commonwealth of Pennsylvania and
the stormwater management regulations contained in the Municipal Subdivision
and Land Development Ordinance.
A.
Areas required.
(1)
Common open space shall comprise at least 30% of the
total gross site area of the PRD.
(2)
Of the thirty-percent required open space area, 0.033
acres of ground per dwelling unit shall qualify as "active recreation
land" space as described in the "Mandatory Dedication of Land for
Parks and Recreation."[1] The applicant may pay the fee in lieu of the active recreation
land as calculated by that ordinance upon mutual agreement with the
Municipality.
B.
Protection of common open space. Common open space
in a planned residential development shall be protected by adequate
covenants running with the land or by conveyances or dedications.
A planned residential development shall be approved subject to the
submission of a legal instrument or instruments setting forth a plan
for the permanent preservation, care and maintenance of such common
open space, recreational areas and other facilities owned in common.
No such instrument shall be acceptable until approved by the Council
as to legal form and effect. In cases where the Municipality will
not be accepting dedications of streets, recreation areas or common
open spaces, the developer shall provide for an organization or trust
for ownership and maintenance of the common open space and common
facilities.
C.
Common open space maintenance. In the event that the
organization established to own and maintain the common open space,
or any successor thereto, shall at any time after establishment of
the final development plan fail to maintain the common open space,
including all streets, driveways and recreational facilities, in reasonable
order and condition in accordance with the development plan granted
final approval, the Municipality may take remedial action to cause
the common open space and common facilities to be properly maintained,
as provided for in Section 705(f) of the Pennsylvania Municipalities
Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
Landscaping shall be installed in accordance with § 220-51.
The planned residential development provisions
of this chapter shall be administered by the Council. The Planning
Commission shall review all applications on the basis of the standards
specified in this article and make a recommendation to the Council.
The Council shall conduct the public hearings required by the Pennsylvania
Municipalities Planning Code and shall have the final authority to
approve, approve with conditions or disapprove a planned residential
development.
A.
Preapplication conference.
(1)
Prior to filing an application for tentative approval,
the applicant or his representative may meet with municipal staff
to obtain application forms and to discuss application procedures
and applicable ordinance requirements.
(2)
In addition, the developer may request a preapplication
conference with the Planning Commission to discuss the conceptual
design for the development of the property and the feasibility and
timing of the application. The applicant shall contact the Municipal
Zoning Officer at least five calendar days prior to the regular meeting
of the Planning Commission to request a preapplication conference
with the Planning Commission.
(3)
The preapplication conference with the Planning Commission
is voluntary, and no formal application or fee is required. This opportunity
is afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
(4)
While no formal application is required for a preapplication
conference, the applicant should provide one copy of readily available
information with the request for a preapplication conference which
shows the location of the property and any special features, such
as streams, floodplains or other conditions, that may affect the development
of the property. Readily available resources which may be used include
the deed for the property, a property survey, the Tax Parcel Maps
prepared by the Westmoreland County Assessor's Office, U.S.G.S. Quadrangle
Map showing natural features and topography, the National Flood Insurance
Administration (NFIA) Flood Hazard Boundary Maps, Natural Resources
Conservation Service Maps of soil types and the U.S. Bureau of Mines
coal mine maps.
(5)
A preapplication conference shall not constitute formal
filing of any application for approval of a planned residential development,
shall not bind the Planning Commission to approve any concept presented
in the preapplication conference, and shall not protect the application
from any subsequent changes in ordinance provisions that may affect
the proposed development between the preapplication conference and
the official date of filing of an application for tentative approval
of a planned residential development under the terms of this chapter.
B.
Application for tentative approval. At least 30 calendar
days prior to the regular meeting of the Planning Commission, 15 copies
of an application for tentative approval shall be submitted. The application
shall be in sufficient detail for the Planning Commission to determine
compliance with the standards of this article and shall contain, at
a minimum, the following information:
(1)
A legal description of the total tract proposed for
development, including a statement of present and proposed ownership.
(2)
A written statement of planning objectives to be achieved
by the planned residential development through the particular approach
proposed by the developer. The statement shall include a description
of the character of the proposed development and its relationship
to the immediate area in which it is to be located.
(3)
A written statement setting forth the reasons why
the proposed planned residential development would be in the public
interest and would be consistent with the Municipality's Comprehensive
Plan.
(4)
A written statement of the requested modifications
to municipal zoning and subdivision regulations otherwise applicable
to the property, if any.
(5)
A location map which clearly shows the location and
area of the site proposed for development with relation to all lands,
buildings and structures within 200 feet of its boundaries, the location
and distance to existing streets and highways and the names of landowners
of adjacent properties.
(6)
A development plan, prepared at a scale no smaller
than one inch equals 50 feet, showing the following information:
(a)
Existing contours at intervals of five feet;
watercourses; floodplains; wetlands; floodplain and wetland buffer
areas as required by this chapter; woodlands; soils; steep slopes,
delineating and labeling twenty-five-percent through forty-percent
slopes and greater than forty-percent slopes; and other natural features.
(b)
Proposed lot lines and subdivision plat, if
any.
(c)
The location of all existing and proposed buildings,
structures and other improvements, including maximum heights, types
of dwelling units and dwelling unit density. Preliminary elevations
and architectural renderings shall be provided.
(d)
The location and size in acres or square feet
of all areas to be conveyed, dedicated or reserved as common open
space.
(e)
The existing and proposed vehicular circulation
system of local and collector streets, including off-street parking
areas, service areas, loading areas and major points of access from
the planned residential development to public rights-of-way.
(f)
The existing and proposed pedestrian circulation
system, including its interrelationship with the vehicular circulation
system and proposed treatment for any points of conflict between the
two systems.
(g)
The existing and proposed utility systems, including
sanitary sewers, storm sewers and water, electric, gas and telephone
lines.
(h)
Subsurface conditions, including slope stability.
(i)
A minimum of three cross sections showing existing
and proposed contours and their relationship to proposed buildings,
structures, highways, streets, parking areas, walkways and existing
woodlands.
(j)
A general landscaping plan indicating the treatment
and materials proposed to be used in buffer areas and common areas
on the site.
(k)
Evidence of compliance with the environmental performance standards of § 220-33 of this chapter.
(m)
Information required by the Municipal Subdivision
and Land Development Ordinance, including application filing and application
review fees.
(n)
Location of trails for public use and easements
or rights-of-way dedicating those trails for public use.
(o)
In the case of development plans which call
for development over a period of years, a schedule for phasing the
development shall be provided. This phasing schedule shall be reviewed
annually with the Planning Commission on the anniversary of tentative
approval or as each phase is completed, whichever occurs first.
C.
Review of application.
(1)
The Zoning Officer shall review the application to
determine whether it is complete and properly filed in accordance
with all requirements of this chapter. If the Zoning Officer determines
that the application is not complete and properly filed, written notice
shall be provided to the applicant specifying the defects in the application
and returning the application for resubmission. If a revised application
is resubmitted within 60 days of the date of the written notice from
the Zoning Officer, an application filing fee shall not be required.
Any application submitted after 60 days shall be considered a new
application and shall be accompanied by the required application filing
fee.
(2)
If the Zoning Officer determines that the application
is complete and properly filed, the date that the application is received
by the Zoning Officer shall constitute the official date of filing.
Within five days of receipt of a complete and properly filed application,
the Zoning Officer shall transmit a copy to the Westmoreland County
Planning Commission for review and comment and shall refer the application
to the Municipal Planning Commission for review and recommendation.
(3)
If, during review by the Planning Commission, the
applicant revises the application to address comments from the Planning
Commission or to demonstrate compliance with this chapter, a new application
shall not be required. If, during review by the Planning Commission,
the applicant initiates revisions to the application which are not
the result of Planning Commission comments and which are not mandated
to demonstrate compliance with this chapter, the applicant shall withdraw
the application and submit a new application which shall be subject
to the payment of the required application filing fee.
D.
Public hearing.
(1)
Within 60 days following the official date of filing
of an application for tentative approval of a planned residential
development which contains all of the required documentation, a public
hearing pursuant to public notice shall be held by the Council. At
least 14 days prior to the hearing, the Zoning Officer shall mail
a copy of the notice by certified mail to each property owner within
300 feet of the entire perimeter of the property, including those
located across a street right-of-way. The cost of mailing the certified
notices shall be paid by the applicant.
(2)
The public hearing shall be conducted in the manner prescribed in Article IX of the Pennsylvania Municipalities Planning Code and all references to the Zoning Hearing Board in Article IX shall apply to the Council. The public hearing or hearings shall be concluded within 60 days of the first hearing.
E.
Tentative approval.
(1)
Within 60 days following the conclusion of the public
hearings, the Council shall, by official written communication, either:
(2)
Failure to 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 Council, notify
the Council of his refusal to accept all said conditions; in which
case the Council shall be deemed to have denied tentative approval
of the development plan. In the event that the landowner does not,
within said period, notify the Council of his refusal to accept all
said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
The Council shall grant tentative approval if,
and only if, all applicable requirements of this article are met and
all of the following criteria are met.
A.
The proposed application for tentative approval complies
with all standards, restrictions, criteria, requirements, regulations
and procedures of this chapter; reserves the community development
objectives of this chapter; and is found by the Council to be compatible
with the public interest and consistent with the Municipality's Comprehensive
Plan.
B.
Where the proposed application for tentative approval
provides standards which vary from this chapter and the Municipal
Subdivision and Land Development Ordinance otherwise applicable to
the subject property, such departure shall promote protection of the
environment and public health, safety and welfare and shall be in
the public interest.
C.
The proposals for the maintenance and conservation
of any proposed common open space are reliable and meet the standards
of this chapter and the amount and extent of improvements within the
common open space are appropriate with respect to the purpose, use
and type of the residential development proposed.
D.
The physical design of the proposed development plan
adequately provides for public services, traffic facilities and parking,
light, air, recreation and visual enjoyment.
E.
The proposed development plan is beneficially related
to the immediate area in which it is proposed to be located.
F.
The proposed development plan will afford adequate
protection of natural watercourses, wetlands, topsoil, woodlands,
steep slopes and other natural features and will prevent erosion,
landslides, siltation and flooding.
G.
In the case of a development plan which proposes development
over a period of years, the terms and conditions thereof are sufficient
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the final development
plan.
After the development plan is granted tentative
approval by the Council, the developer shall submit 15 copies of the
application for final approval which shall consist of detailed plans
for any phase or section of the development plan. No building permit
shall be issued until final approval has been granted by the Council
for the phase or section in which the proposed development is located.
Final approval for any phase or section shall expire if construction
is not initiated for the phase or section within one year of the date
of final approval of the phase or section by the Council.
A.
Review of application.
(1)
The Zoning Officer shall review the application to
determine whether it is complete and properly filed in accordance
with all requirements of this chapter. If the Zoning Officer determines
that the application is not complete and properly filed, written notice
shall be provided to the applicant specifying the defects in the application
and returning the application for resubmission.
(2)
If the Zoning Officer determines that the application
is complete and properly filed, the date that the application is received
by the Zoning Officer shall constitute the official date of filing.
Within five days of receipt of a complete and properly filed application,
the Zoning Officer shall refer the application to the Planning Commission
for review and recommendation.
(3)
Within 35 days of receipt of a complete and properly
filed application for final approval, the Planning Commission shall
forward a written recommendation to the Council.
(4)
A public hearing on an application for final approval
shall not be required, provided the development plan is in compliance
with the development plan given tentative approval and with any specified
conditions attached thereto.
B.
Action by Council. In the event that an application
for final approval has been filed, together with all drawings, specifications
and other documentation in support thereof, in accordance with the
requirements of this chapter and the official written communication
granting tentative approval, the Council shall, within 45 days of
the official date of filing, grant final approval to the development
plan.
C.
Variations from the plan granted tentative approval.
(1)
In the event that the development plan submitted contains
variations from the development plan granted tentative approval, the
Council may refuse to grant final approval and may, within 45 days
of the official date of filing of the application for final approval,
advise the applicant, in writing, of said refusal, setting forth in
said notice the reasons why one or more of the variations are not
in the public interest. In the event of such refusal, the landowner
may either:
(2)
If the landowner wishes to take either 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.
(3)
If the landowner fails to take either of these alternate
actions within said time, he shall be deemed to have abandoned the
development plan.
D.
Public hearing required.
(1)
Any public hearing held on an application for final
approval shall be held pursuant to public notice within 30 days after
the request for the hearing is made by the landowner, and the hearing
shall be conducted in the manner prescribed in this article for public
hearings on an application for tentative approval. At least 14 days
prior to the hearing, the Zoning Officer shall mail a copy of the
notice by certified mail to each property owner within 300 feet of
the entire perimeter of the property, including those located across
a street right-of-way. The cost of mailing the certified notices shall
be paid by the applicant.
(2)
Within 30 days after the conclusion of the public
hearing, the Council shall, by official written communication, either
grant or deny final approval. The grant or denial of final approval
of the development plan shall, in cases where a public hearing is
required, be in the form and contain the findings required for an
application for tentative approval.
E.
Changes in the approved plan. Changes in the location
and siting of buildings and structures deemed minor by the Council
may be authorized without additional public hearings, if required
by engineering or other circumstances not foreseen at the time of
tentative approval. However, gross and net density established at
the time of tentative approval shall not be changed without a public
hearing.
F.
Application for final approval. The application for
final approval shall comply with all applicable ordinance provisions
and the development plan shall include, as a minimum, the following
information:
(1)
All data required by the Municipal Subdivision and
Land Development Ordinance for a final plan, including application
filing, application review and inspection fees.
(2)
Accurately dimensioned locations for all proposed
buildings, structures, parking areas and common open space.
(3)
The number of families to be housed in each residential
building or structure and the intended use of each nonresidential
building or structure.
(4)
Building elevation drawings for all principal structures,
other than single-family dwellings.
(5)
A lighting plan showing the location, height and type
of any exterior lighting fixtures proposed and a photometric plan
showing the distribution of lighting on the site and at the site boundaries.
(6)
A landscaping plan, as defined by this chapter, including
the location and types of materials of plant materials, sidewalks,
trails and recreation facilities authorized by this chapter.
(7)
Supplementary data, including any covenants, grants
of easements or other restrictions to be imposed on the use of the
land, building and structures and for the organization proposed to
own, maintain and operate the common open space facilities.
(8)
An engineering report which shall include the following
data, wherever applicable:
(a)
Profiles, cross sections and specifications
for proposed public and private streets.
(b)
Profiles and other explanatory data concerning
installation of water distribution systems, storm sewers and sanitary
sewers.
(c)
Feasibility of the sanitary sewerage system
in terms of capacity to serve the proposed development.
(10)
An erosion and sedimentation control plan which
shall specifically indicate all erosion and sedimentation control
measures to be utilized on the site. The erosion and sedimentation
control plan shall be designed to prevent accelerated erosion and
sedimentation. The plan shall include but not be limited to the following:
(a)
The topographic features of the site;
(b)
The types, depth, slope and extent of the soils
by area;
(c)
The proposed alterations to the site;
(d)
The amount of runoff from the site area and
the upstream watershed;
(e)
The staging of earthmoving activities;
(f)
Temporary control measures and facilities during
earthmoving;
(g)
Permanent control measures and facilities for
long-term protection;
(h)
A maintenance program for the control facilities,
including disposal of materials removed from the control facilities
or site area.
(12)
Performance bond and development agreement as
required by the Municipal Subdivision and Land Development Ordinance
to be executed after final approval.
G.
Recording. A final development plan or any part thereof
which has been granted final approval shall be so certified without
delay by the Council and shall be filed of record in the Office of
the Recorder of Deeds before any development shall take place in accordance
therewith. Approval for recording shall be subject to posting of the
financial security required by the Municipal Subdivision and Land
Development Ordinance for public and private improvements in the development
plan.
H.
Revocation of final approval. In the event that a
development plan or section thereof is given final approval and thereafter
the landowner shall abandon such plan or section thereof that has
been finally approved and shall so notify the Council in writing,
or in the event that the landowner shall fail to commence and carry
out the planned residential development in accordance with the time
provisions stated in Section 508 of the Pennsylvania Municipalities
Planning Code after final approval has been granted, no further development
shall take place on the property included in the development plan
until a new application for tentative approval of a planned residential
development is submitted for said property or the property is developed
in accordance with the then-applicable zoning district regulations.
