This district shall be a zone applicable to tracts and sites that meet the eligibility requirements of § 185-702. The development proposal for a PRD shall meet the requirements of the regulating provisions of §§ 185-703 through 185-708 and the application submission requirements of §§ 185-709 and 185-710.
A.
The purposes of the PRD are:
(1)
To encourage innovations in residential development so that
the demand for housing may be met by greater variety in type, design
and layout of dwellings and by the conservation and more-efficient
use of open space ancillary to said dwellings.
(2)
To provide greater opportunities for better housing for all
who are or will be residents of the Borough.
(3)
To encourage sensitive land development which will respect and
conserve such natural features and resources as flood hazard and flood-prone
areas, steep and very steep slopes, watercourses, terrestrial and
aquatic wildlife habitats, historical and cultural sites, visual resources
and other important natural and cultural resources.
(4)
To encourage more-efficient use of land and public services
to reflect changes in the technology of land development so that the
economies so secured may inure to the benefit of those who require
housing.
The administration of the procedures concerning the application
for and approval of planned residential developments (PRDs) shall
be vested solely in the Upland Borough Council. All applications for
tentative and final approval of plans for such developments shall
be first referred to the Delaware County Planning Commission and the
Upland Borough Planning Commission for their review and comment.
No application for a PRD shall be considered or approved unless
the following conditions are met:
A.
It is located within the PRD Zoning District.
B.
The proposed PRD shall contain a minimum of 25 acres.
D.
The development shall be served by municipal public water and sewer
systems.
E.
All utility lines serving the development shall be placed underground.
F.
The application is accompanied by a traffic impact study prepared
by a licensed civil engineer with substantial traffic engineering
experience and which describes at least the following:
(1)
The proposed PRD's traffic generation and parking needs.
(2)
The impact of the PRD's traffic on existing traffic at
proposed ingress and egress intersections with public roads.
(3)
Emergency vehicle access.
(4)
Proposed traffic safety improvements, on- and off-site, including
all traffic control devices.
G.
All ownership interests shall be disclosed on the tentative and final
plans.
H.
If the owner or owners intend to develop said land over a delayed
or phased time schedule, the schedule and accompanying plans must
be approved by the Borough Council.
I.
Those portions of the tract in the one-hundred-year floodplain or
located on steep or very steep slopes shall be clearly marked on the
tentative and final plans.
Land, buildings and premises shall be used by right for only
one or more of the following uses:
A.
Single-family detached.
B.
Townhouses (single-family attached dwellings).
C.
Low-rise apartments.
D.
Recreational and community facilities for residents and their guests.
E.
Assisted-living facility comprised of either low-rise apartments
and/or single-family attached units (townhouses).
F.
Administrative offices and operating facilities for management of
the PRD.
A.
Common dining facilities, physical therapy facilities, auditorium,
on-site personal service and convenience shops, administrative offices
and other ancillary facilities deemed appropriate by the Borough Council
for an assisted-living facility.
B.
When low-rise apartments comprise one of the two permitted uses,
they shall not comprise less than 30% of the dwelling units within
the PRD.
C.
When single-family attached dwellings (townhomes) comprise one of
the two permitted uses, they shall not comprise less than 40% of the
dwelling units within the PRD.
The following dimensional requirements shall apply. All requirements
are minimum, unless specifically noted otherwise.
A.
Single-family detached dwelling:
Standard
|
Size
| |
---|---|---|
Lot size
|
5,000 square feet
| |
Lot width
|
50 feet
| |
Front yard
|
20 feet, minimum
| |
Side yards
|
20 feet aggregate and 10 feet minimum
| |
Rear yard
|
25 feet, minimum
| |
Height
|
40 feet or 3 stories, maximum
|
B.
Single-family attached dwelling (townhouses):
Standard
|
Size
| ||
---|---|---|---|
Dwelling unit width
|
25 feet, minimum
| ||
Dwelling units in a row
|
6, maximum
| ||
Setbacks
| |||
From exterior road
|
75 feet
| ||
From interior road or parking area
|
15 feet
| ||
Distance between principal buildings
|
40 feet
| ||
Height
|
40 feet and 3 stories, maximum
|
C.
Low-rise apartment:
Standard
|
Size
| ||
---|---|---|---|
Building length
|
200 feet, maximum
| ||
Building width
|
100 feet
| ||
Setbacks
| |||
From exterior road
|
20 feet aggregate and 10 feet minimum
| ||
From interior road
|
25 feet, minimum
| ||
Distance between principal buildings
|
40 feet
| ||
Height
|
40 feet or 3 stories, maximum
| ||
Dwelling unit size
|
600 square feet minimum for 1-bedroom apartments and 750 square
feet minimum for 2-bedroom apartments
|
D.
Assisted-living facility. An assisted-living facility may be in either
the form of a low-rise apartment building and/or single-family attached
(townhouse) units. An assisted-living facility shall meet the respective
dimensional standards listed above for low-rise apartments and/or
single-family attached (townhouse) units.
In this section, the term "open space" shall be construed to mean "common open space" as defined in Article II, Definitions, of this chapter.
A.
General regulations.
(1)
Areas agreed by the developer and the Borough to be set aside
for common open space shall be suitable for that purpose and consistent
with Borough objectives for the future use of the area.
(2)
Open space areas shall contain no buildings other than those
related to the purpose of the open space.
(3)
Open space areas shall be arranged and located to serve residents
of the development adequately and conveniently, taking into consideration
the characteristics of the site, and to preserve and enhance desirable
natural features.
(4)
Any land designated as common open space shall be restricted
to continue as such by an appropriate method approved by the Borough
Council.
B.
Common open space standards.
(1)
A minimum of 30% of the total area of the PRD shall be designated
and devoted to common open space.
(2)
Not less than 65% of the total common open space areas shall
be outside the floodplain and areas having slopes of 25% or more.
(3)
The calculation of open space shall not include areas containing
surface stormwater management facilities and infrastructure.
(4)
Open space areas shall be suitably landscaped by retaining existing
natural cover and wooded areas and shall comply with a landscaping
plan which is consistent with the purposes of this section and minimizes
maintenance costs.
C.
Performance bond.
(1)
The developer shall provide designated plantings and recreational
facilities within the open space areas. A performance bond or other
security shall be required to cover the full estimated cost of installation.
D.
Ownership and maintenance of common open space.
(1)
An essential element of the tentative plan is a written description
and plan for the disposition of ownership of common open space land,
designating an organization and its specific form for the ownership
and maintenance of said open space. Such organization 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. Such agreements shall be
subject to the approval of the Borough Council and contain provisions
respecting the right to lien property by the Borough in event of default.
In any case, the organization provided for the ownership of open space
land shall be constituted of the property owners within the PRD. The
plan may provide that the property owners' association may lease the
open space lands to a qualified person or corporation for their operation
and maintenance, but such a lease agreement shall provide:
(a)
That the residents of the PRD shall at all times have access
to the open space lands contained therein.
(b)
That the common open space to be leased shall be maintained
for the purpose set forth in this chapter.
(c)
That the operation of open space facilities shall be for the
benefit of the residents and their guests only.
(2)
The form of the lease shall be subject to the approval of the
Upland Borough Council, and any transfer or assignment of the lease
shall be further subject to the approval of the Zoning Hearing Board.
Lease agreements shall be recited in the deed and shall be recorded
with the Recorder of Deeds of Delaware County within 30 days of their
execution. A copy of the recorded lease shall be filed with the Secretary
of the Borough.
(3)
The plan to provide for the ownership and maintenance of common
open space shall include:
(a)
A complete description of the organization to be established
for the ownership of open space and the methods by which this organization
shall be established and maintained.
(b)
A method reasonably designed to give adequate notice to property
owners within the PRD in the event of the sale or other disposition
of common open space lands and in the event of assumption of the maintenance
of common open space land by the Borough as hereinafter provided.
(4)
In the event that the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the PRD fail to maintain the common open space
in reasonable order and condition in accordance with the development
plan, the Upland Borough Council may proceed as provided in the Pennsylvania
Municipalities Planning Code to demand that deficiencies of maintenance
be corrected or the Borough will enter upon and maintain common open
space. Notice to the affected property owners in accordance with the
provisions of the PRD plan shall be deemed to be adequate notice by
the Borough. The cost of such maintenance by the Borough shall be
assessed against properties within the PRD 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 the county upon the properties affected by
the lien within the planned residential development.
A.
General standards.
(1)
The physical design of the development shall make adequate provisions
for public services and provide adequate control over vehicular traffic.
(2)
The development shall contain pedestrian connections between
all attached homes and apartment units as well as to all parking lots
and exterior sidewalks.
(3)
All residential units shall be equipped with a sprinkler system.
(4)
Impervious coverage computed over the entire tract shall not
exceed 65%.
B.
Buildings.
(1)
All housing shall be designed with regard to topography and
the natural features of the site. Variations in locations of buildings
shall be provided where necessary to create architectural interest
and/or preserve areas of environmental concern and to further amenities
of light and air, recreation and visual enjoyment. All dwellings shall
be based on a common architectural theme.
(2)
Good quality development is encouraged by taking into consideration
the appearance of all elevations and layouts of buildings and external
spaces and the materials used therein.
(3)
Single-family attached dwellings shall be arranged with variations
in the setback of adjoining units and not in long rows parallel to
the street lines. The arrangement of such units shall create a physical
and visual distinction in the lines of the facades and the roofs.
Such distinction can be achieved through the use of varied floor plans
for adjoining units and variations in the projections and angles of
exterior walls and roofs.
C.
Streets and sidewalks.
(1)
The street system of the planned residential development shall
be designed to create a separation of automobile and pedestrian circulation
through a hierarchy of roadway functions and design and pedestrian
walkways. The street system shall relate harmoniously with land uses
within and adjacent to the PRD and create efficient and safe connections
with the existing road system of the Borough in order to ensure proper
ingress and egress to and from the PRD.
(2)
In order to separate automobile and pedestrian circulation and
to increase accessibility to common open space areas, pedestrian walkways
shall be provided, unless the Borough Council determines that they
are not necessary.
(3)
The design and construction of streets and walkways must conform
to the standards set forth in the currently adopted Delaware County
Land Development and Subdivision Ordinance of 1981 or the latest version
to be so adopted.
D.
Landscaping.
(1)
Landscaping shall be regarded as an essential feature of the
planned residential development. In addition to the preservation of
natural features, trees and slopes of the site, careful attention
shall be given to the landscaping of parking areas and provision of
street trees as required by this article.
(2)
Existing trees shall be preserved wherever possible. The protection
of trees 12 inches or more in caliper (measured at a height 4 1/2
feet above the original grade) shall be a factor in determining the
location of common open space, structures, underground utilities,
walks and paved areas. Areas in which trees are to be preserved shall
remain at original grade level and in undisturbed condition.
(3)
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, extensive landscaping shall be undertaken in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of dwelling units in accordance with §§ 185-1816 and 185-1817, relating to screening and landscaping, and the following provisions below:
(a)
Street trees shall be provided along all streets where there
are no existing shade trees. No less than one three-and-one-half-
to four-inch caliper tree shall be planted for each 50 feet of roadway
length, excluding service roads and roads through parking lots. However,
they can be grouped where appropriate in accordance with specific
site needs and objectives.
(b)
The outer perimeter of all parking areas shall be screened and subject to the provisions of § 185-1816. Effective screens may be accomplished through the use of plant materials, fencing or walls and/or mounding through the use of earthen berms.
(c)
All parking lots shall be landscaped. One two- to two-and-one-half-inch
caliper shade tree shall be planted for every five parking spaces
if there are no existing shade trees. Shrubs, ground covers and other
plant materials are encouraged to complement the trees.
(d)
Landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except that landscaped "islands" shall be provided in accordance with § 185-1607B(4).
(e)
Buildings shall be landscaped in accordance § 185-1817 and the following:
[1]
A combination of evergreen and deciduous trees and shrubs shall
be used as foundation plantings, i.e., plantings to be installed in
proximity to building facades.
[2]
One four-inch to five-inch caliper specimen deciduous tree shall
be planted for every 25 feet of length of building facade, measured
from end to end of buildings, without regard to indentations and the
like, in building facades and excluding enclosed walkway connectors
and elevator cores, such trees to be a minimum of 11 to 13 feet in
height at the time of planting; and one eight-foot to ten-foot specimen
evergreen tree shall be planted for every 50 feet of length of building
facade, measured as set forth above.
[3]
Five evergreen and/or deciduous shrubs shall be planted for
every 200 feet of length of building facade.
[4]
Additional landscaping shall be provided along walkways, in
courtyards, around sitting areas, at the entrance to the site and
in other highly visible locations, especially along property lines
where planting will screen views and provide privacy.
[5]
The location, type, size, height and other characteristics of
landscaping shall be subject to the review and approval of the Borough
Council.
E.
Stormwater management. The design and construction of all stormwater
systems and drainage facilities shall be in accordance with Upland
Borough Stormwater Management Ordinance and subject to the approval
of the Borough Engineer.
F.
Soil erosion and sedimentation control. Plans submitted for the PRD
District shall conform to the guidelines for minimizing erosion and
sedimentation as set forth in the Upland Borough Stormwater Management
Ordinance and the Soil Erosion and Sedimentation Control Manual of
the Pennsylvania Department of Environmental Protection, as amended.
G.
Utilities. All utilities shall be placed underground.
H.
Lighting.
(1)
All streets, parking areas and areas of pedestrian use shall
be adequately lighted, meeting the standards established by the Illuminating
Engineering Society of North America (IESNA). All such lighting shall
be designed and located so as to direct light away from adjacent residences.
(2)
Appropriate lighting fixtures shall be provided for walkways
and to identify steps, ramps and signs.
(3)
The maximum height of lighting fixtures shall not exceed 20
feet.
A.
An application for tentative approval of a planned residential development
must be made to the Upland Borough Council. The application shall
be filed with the Borough Secretary by or on behalf of the landowner
on a form provided by the Borough. The filing of the application shall
include payment of all application fees as set forth by resolution
of the Upland Borough Council.
B.
The application for tentative approval shall contain the following
information:
(1)
A legal description of the property under consideration, including
a vicinity map showing the location of the site in relation to the
surrounding area and the current zoning of the site, and a description
of the nature of the landowner's interest in the planned residential
development.
(2)
A fully dimensioned map of the land, including topographic information
at a contour interval of not less than two feet.
(3)
A site plan showing the location of all existing and proposed
principal and accessory buildings and structures, parking lots, buffer
strips, plantings, streets and public ways and curb cuts.
(4)
Architectural sketches and renderings, at an appropriate scale,
showing building height, bulk and interior layout and proposed use.
(5)
The location, function, size, ownership and manner of maintenance
of the common open space.
(6)
Information showing the feasibility of proposals for the disposition
of sanitary waste and stormwater.
(7)
The feasibility of proposals for energy conservation and the
effective utilization of renewable energy sources.
(8)
The substance of covenants, grants of easement or other restrictions
proposed upon the use of the land, buildings and structures, including
proposed easements or grants for public utilities.
(9)
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.
C.
The Upland Borough Council shall refer the application to the Borough
Planning Commission and the County Planning Agency for study and recommendation.
The county and borough planning agencies shall be required to report
to the Upland Borough Council within 30 days or forfeit the right
to review.
D.
The Upland Borough Council shall hold a public hearing within 60 days after the filing of the application for tentative approval in the manner prescribed in Article VI of the MPC for the enactment of an amendment to a zoning ordinance. The Upland Borough Council may continue the hearing from time to time; 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.
E.
Grant or denial.
(1)
After a study of the application and within 60 days following
the conclusion of the public hearing, the Upland Borough Council shall,
by certified official written communication to the landowner, either:
(2)
Failure to so act within said period shall be deemed to be a
grant of tentative approval of the development plan as submitted.
In any 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 Upland Borough Council,
notify the Upland Borough Council of his refusal to accept all said
conditions, in which case the Upland Borough 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
Upland Borough Council of his refusal to accept all said conditions,
tentative approval of the development plan, with all said conditions,
shall stand as granted.
(3)
The granting or denial of tentative approval by official written
communication shall include conclusions and findings of fact related
to the specific proposal and shall set forth the reasons for the grant,
with or without conditions, or for the denial, and said communication
shall set forth with particularity in what respects the development
plan would or would not be in the public interest, including, but
not limited to, findings of fact and conclusions on the following:
(a)
The purpose, location and amount of the common open space in
the planned residential development, along with conservation of the
common open space.
(b)
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.
(c)
In the case of a development plan which proposed development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interests of the public and of the planned
residential development.
(4)
In the event that a development plan is granted tentative approval
with or without conditions, the Upland Borough Council may set forth
in the official written communication the time within which the 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 shall be filed. Except upon consent of
the landowner, the time so established between the 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 of the plan
shall not be less than 12 months.
(5)
The official written communication provided for in § 185-709E(4) above shall be certified by the Borough Manager and shall be filed in his or her office, and a certified copy shall be mailed to the landowner.
(6)
Tentative approval of a development plan shall not qualify a
plat of the planned residential development for recording nor authorize
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 Borough pending
an application or applications for final approval, without the consent
of the landowner, provided that an application or applications for
final approval are filed; or in the case of development over a period
of years, provided that applications are filed within the periods
of time specified in the official written communication granting tentative
approval.
(7)
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 Upland Borough
Council in writing, or in the event that the landowner shall fail
to file an 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.
A.
An application for final approval may be made for all the land included
in the development plan or, to the extent set forth in the tentative
approval, 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. If the application
for final approval is in compliance with the tentatively approved
development plan, a public hearing need not be held.
B.
The application for final approval shall consist of a plan or plans
and accompanying documents which shall show and shall include the
following information:
(1)
Development name or identifying title.
(2)
Municipality in which the development is located.
(3)
North point, scale and date.
(4)
Name of record owner and developer.
(5)
Name and seal of the registered professional engineer or surveyor
responsible for the plan.
(6)
Boundaries of the tract determined by accurate survey in the
field, which shall be balanced and closed with an error of closure
not to exceed one foot in 10,000 feet.
(7)
Property lines (if any) within the development.
(8)
Lot areas (if any) to 1/1,000 of an acre.
(9)
Street lines, lot lines, rights-of-way, easements and areas
dedicated to or proposed to be dedicated to public use; profiles for
all streets and for proposed sanitary sewer mains, inlets and manholes.
(10)
The length of all straight lines, radii, lengths of curves and
tangent bearings for each street.
(11)
All dimensions and angles or bearings of any lines of each lot
(if applicable) and of each area proposed to be dedicated to public
use.
(12)
The setback line for each building.
(13)
Names proposed to be given to all streets.
(14)
Location of all structures.
(15)
Number of lots (if applicable).
(16)
The number of dwelling units by type and, where applicable,
the number, location and square footage of areas to be devoted to
nonresidential use.
(17)
Architectural drawings and renderings to scale of all buildings.
(18)
A key map showing the relationship of the property being developed
to surrounding properties, showing all streets, roads, municipal boundaries,
subdivisions of adjoining properties within 1,000 feet of any part
of the property. In the case of development of a section of the entire
tract, the key map shall show the relationship of the section to the
entire tract.
(19)
Total property area of the entire development tract and, in
case of the development in sections, the size of the section for which
plans are submitted.
(20)
All permanent monuments, streetlights and other lighting.
(21)
Finished contours at vertical intervals of five feet.
(22)
All existing watercourses, tree masses and other significant
natural features and proposed plantings.
C.
The application for final approval shall also be accompanied by:
(1)
Copies of deed restriction and/or easements, if any.
(2)
Information concerning water supply and sewage disposal to the
development, including copies of permits obtained under authority
of statutes of the commonwealth.
(3)
An affidavit that the applicant is the owner of the land proposed
to be developed.
(4)
A statement, duly acknowledged before an officer authorized
to take acknowledgements of deeds and signed by the owner or owners
of the property, to the effect that the development as shown on the
application for final approval is made with his or their free consent
and that it is desired to record the application and accompanying
documents upon their approval.
(5)
Whenever a developer proposes to establish a new street, he/she
shall submit a copy of a statement cosigned by the Borough Solicitor
that shall stipulate that the street shall be in a good state of repair
as certified by the Borough Engineer.
D.
In the event that the application for final approval has been filed,
together with all drawings, specifications and other documents in
support thereof, and as required by this article and the official
written communications of tentative approval, the Upland Borough Council
shall, within 45 days of such filing, grant such development plan
final approval.
E.
In the event that the development plan as submitted contains variations
from the plan given tentative approval, the Upland Borough Council
may deny 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 the reasons why one or more
of said variations are not in the public interest.
(2)
Any such public hearing shall be held pursuant to public notice
within 30 days after a request for hearing has been made by the landowner,
and the hearing shall be conducted in the manner prescribed in this
article for public hearings on applications for tentative approvals.
Within 30 days after the conclusion of the hearing, the Upland Borough
Council shall, by official written communication, either grant final
approval of the development plan or deny final approval. The grant
of final approval or the denial of final approval to 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.
(3)
If the landowner wishes to take either such alternate action,
he may do so at any time within which he shall be entitled to apply
for final approval, or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development was not in substantial
compliance.
(4)
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.
F.
A development plan, or any part thereof, which has received final
approval shall be certified without delay by the Upland Borough Council
and shall be filed of record forthwith in the Delaware County office
of the Recorder of Deeds before any development shall take place in
accordance therewith. Pending completion, in accordance with the time
provisions stated in Section 508 of the Pennsylvania Municipalities
Planning Code, as amended by Act 1988-170, of said 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) and post financial security in accordance with Section 509
of the Pennsylvania Municipalities Planning Code, as amended by Act
188-170.