A "planned residential development" (PRD) is defined as an area
of land, controlled by a landowner, to be developed as a single entity
for a number of dwelling units, or combination of residential and
nonresidential uses, the development plan for which does not correspond
in lot size, bulk, type of dwelling, or use, density, or intensity,
lot coverage and required open space to the regulations established
in any one district created, from time to time, under the provisions
of this chapter. In addition to the general goals listed in the statement
of purpose, the provisions of this article are intended to serve the
purposes of a PRD stated in the Pennsylvania Municipalities Planning
Code, including but not limited to the following:
A. Provide for the adaptive reuse of industrial properties and to recognize
unique development opportunities;
B. Provide for higher residential densities and a variety of housing
types;
C. Provide for a range of service-oriented establishments designed to
serve local needs;
D. Provide for commercial development that is compatible with the character
of the Borough and can offer additional employment opportunities and
an increased tax base; and
E. To encourage innovation in residential and nonresidential development;
provide greater variety in type, design and layout of buildings; and
to encourage more efficient land use.
All provisions of this chapter shall apply to a PRD, except
where specific provisions of this article differ from specific provisions
of other sections of this chapter, in which case the provisions of
this article shall control.
The standards for a planned residential development established
by provisions adopted pursuant to this article may require that the
common areas and/or open space resulting from the application of standards
for density, or intensity of land use, shall be set aside for the
use and benefit of the residents in such development and may include
provisions which shall determine the amount and location of said common
areas and/or open space and secure its improvement and maintenance
for common area/open space use, subject, however, to the following:
A. The developer shall make provisions to ensure that all common areas
shall be properly maintained. The developer shall provide for and
establish a homeowners' association or other similar organization
for the ownership and maintenance of all common areas and commonly
owned facilities. The legal agreements for such common ownership and
maintenance shall be subject to approval by Borough Council, as a
condition of final PRD approval, prior to recording.
B. 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, but
the Borough need not require, as a condition of the approval of a
planned residential development, that land proposed to be set aside
for common open space be dedicated or made available to public use.
The provisions may require that the landowner provide for and establish
an organization for the ownership and maintenance of the common open
space, and that 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), without first offering to dedicate the same to
the public.
C. 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 planned residential development fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, the Borough may 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.
D. If the deficiencies set forth in the original notice or in the modifications
thereof shall not be corrected within said 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.
E. 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 governing body or its designated agency,
at which hearing such organization or the residents of the planned
residential development shall show cause why such maintenance by the
Borough shall not, at the option of the Borough, continue for a succeeding
year. If the governing body, or its designated agency, 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 governing body
or its designated agency shall determine that such organization is
not ready and able to maintain said common 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.
F. The decision of the governing body or its designated agency shall
be subject to appeal to court in the same manner, and within the same
time limitation, as is provided for zoning appeals by this chapter.
G. The cost of such maintenance by the Borough 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 the county,
upon the properties affected by the lien within the planned residential
development.
In the case of a development plan calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the landowner with the development plan delineating all proposed
sections as well as deadlines within which applications for final
approval of each section are intended to be filed. Yearly updating
of the schedule shall be completed by the landowner on or before the
anniversary of the tentative plan approval until final approval of
the final section has been granted. Any modifications in the aforesaid
schedule shall be subject to approval of the Borough Council.
Development plans for a planned residential development may
be submitted in phases in accordance with the following:
A. Tentative approval. The locations and approximate submittal dates
for each phase shall be clearly set forth on the plan submitted for
tentative approval.
(1) The said phasing plan may be changed at any time prior to the date
of any phase by submitting and receiving an approval from the Borough
Council on a plan setting forth a new phasing schedule.
B. First phase minimum. A minimum of 20% of the total number of residential
lots and/or dwelling units in the planned residential development
shall be included in the first phase.
(1) A lesser percentage may be allowed by the Borough upon submission
of a modification request setting forth proof that the requested percentage
will not affect the development as a whole.
(2) The Borough may set additional specified conditions if they deem
them necessary or advisable.
C. Phase completion. The second and subsequent phases must be completed
consistent with the development phasing plan and must be of such size
and location that they constitute economically sound units of development.
(1) In no instance shall the second and subsequent phases, except for
the last phase, contain less than 15% of the dwelling units of the
total development plan.
(2) Gross residential density may be varied from phase to phase, provided
that the average gross residential densities of all phases do not
exceed the permitted average gross residential density for the entire
planned residential development as set forth by Wilson Borough.
The following procedural steps outline the process for approval
of a PRD application. Requirements for the content of the application
documents are described in subsequent sections of this chapter.
A. Application procedure for tentative approval.
(1) Twenty complete copies of an application for tentative approval for
a planned residential development shall be submitted by the landowner
to the Borough. The landowner shall also submit a filing fee to the
Borough in an amount specified on the fee schedule of the Borough.
No plan shall be considered as properly filed until such time as the
filing fee is submitted to the Borough.
(2) The complete application for tentative approval shall consist of
the following:
(b)
Site plans, architectural plans, site data.
(c)
Draft of covenants, easement agreements, conditions and restrictions.
(3) The complete copies of the application for tentative approval will
be distributed by the Borough to the appropriate agencies and individuals.
(4) Within 60 days after the Borough receives both a complete application
for tentative approval of a planned residential development and the
required filing fee, a public hearing shall be held by the Borough
Council, which shall be advertised and conducted in the manner prescribed
herein.
(5) Public notice shall be published once each week for two successive
weeks in a newspaper of general circulation in Wilson Borough.
(a)
The first publication shall be not more than 30 days and the
second publication shall not be less than seven days prior to the
date of the public hearing.
(b)
Such notice shall state the time, date and place of the hearing
and the particular location and nature of the proposed development.
(6) A letter from the Borough with the date of the public hearing along
with a copy of the public notice and a cover letter shall be forwarded
to the applicant by United States certified mail, return receipt requested,
within 30 days of the official submission.
(7) The Zoning Officer shall conspicuously post notice of said public
hearing at points deemed sufficient by the municipality along the
tract to notify potentially interested citizens. Such public notice
shall be posted at least seven days prior to the date of the said
public hearing.
(8) The public hearing shall be conducted in accordance with Article
IX of the MPC.
(a)
The Borough Council may continue the public hearings 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.
(9) Action by the Borough Council.
(a)
The Borough Council shall, within 60 days following the conclusion
of the public hearing as provided above or within 180 days after the
filing of the application, whichever first occurs, by official written
communication to the applicant, either:
[1] Grant tentative approval of the development plan as submitted;
[2] Grant tentative approval subject to specified conditions not included
in the development plan as submitted; or
[3] Deny tentative approval of the development plan.
(b)
Failure to so act within said period shall be deemed to be a
grant of tentative approval of the development plan as submitted.
(10)
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. The
written 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 extent to which the development plan departs from zoning
and subdivision regulations otherwise applicable to the 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;
(b)
The respects in which the development plan is or is not consistent
with the Comprehensive Plan for the development of the Borough;
(c)
The purpose, location and amount of the common open space, the
reliability of the proposals for maintenance and conservation of 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 the design does or does not make adequate provisions 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 PRD
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 terms and conditions intended
to protect the interests of the public and of the residents of the
PRD in the integrity of the development plan.
(11)
In the event a development plan is granted tentative approval
with or without conditions, the 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 provided 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 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 the plan shall not be less than 12 months.
(12)
The official written communication shall be mailed to the landowner.
Where tentative approval has been granted, it shall be deemed an amendment
to the Zoning Map, effective upon final approval, and shall be noted
on the Zoning Map.
(13)
In the event the PRD is granted tentative plan approval subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication from the Borough, notify
the Borough Council of his refusal to accept all required 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 30 days, notify the Borough Council of his refusal to
accept all said conditions, tentative approval of the development
plan along with any conditions shall stand as granted.
(14)
Tentative approval of a development plan shall not qualify a
plan of the PRD for recording nor authorize construction or the issuance
of any zoning and/or 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 (provided the landowner has not defaulted or violated any
of the conditions of the tentative approval), shall not be modified
or revoked or otherwise impaired by action of the Borough pending
application for final approval, without the consent of the landowner,
provided an application or applications 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.
(15)
In the event a development plan is given tentative approval
and thereafter, but prior to final approval, the landowner shall elect
to abandon the 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 the portion of the area included in the development
plan for which final approval has not been given shall be subject
to those 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 Borough Secretary.
B. 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 Zoning Officer of the Borough within the time or times specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, covenants, easements, funds or securities in sufficient amount as determined by the Borough Council to insure performance and such other requirements as may be specified by ordinances, as well as any conditions set forth in the official written communication at the time of tentative approval. A fee shall be required at the time of submission in accordance with §
170-76. A public hearing on an application for final approval of the development plan or a part thereof shall not be required, provided the development plan or 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 this chapter 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) In the event the development plan as submitted contains variations
from 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:
(a)
Refile the application for final approval without the variations
objected to.
(b)
File a written request with the Borough Council that it hold
a public hearing on his application for final approval. All plans
will be referred to the Wilson Borough Planning Commission and Northampton
County Planning Commission for review. 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 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 conducted in the manner prescribed
in this section 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
granting 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 filed on 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 § 508 of the
Pennsylvania Municipalities Planning Code (Act 247, as amended by
Act 170), of said PRD or part thereof as 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 the final plat, the developer shall record the plat
and post financial security in accordance with the provisions of §§ 513(a)
and 509 of the Pennsylvania Municipalities Planning Code (Act 247,
as amended by Act 170).
The following shall be submitted for PRD plan approval:
A. A plan indicating the location, size, topography, and vegetative
cover of the site and the nature of the landowner's interest in the
land proposed to be developed.
B. A site plan and other drawings showing the overall density, impervious
surface ratio, and open space ratio, and the density of the land use
to be allocated to various portions of the site to be developed, the
location and size of the common open space, the use, approximate height,
bulk, and location of buildings and other information, including building
elevations, planting plan schedule, provisions for parking vehicles,
and location and width of streets and public ways. Site plans shall
include:
(1) The project name or identifying title.
(2) The name and address of the landowner of the tract, the developer,
and the firm that prepared the plans.
(3) The plan date, and the dates of all plan revisions.
(4) A North arrow, a graphic scale, and a written scale.
(5) The entire tract boundary with bearings and distances.
(6) A location map, for the purpose of locating the site to be developed,
at a minimum scale of 2,000 feet to the inch, showing the relation
of the tract to adjoining property and to all major roads, municipal
boundaries and streams existing within 1,000 feet of any part of the
property proposed to be developed.
(7) The plotting of all existing adjacent land uses and lot lines within
200 feet of the proposed development, including historic sites, and
other significant natural or man-made features.
(8) The names of all immediately adjacent landowners and the Tax Map
parcel number of adjacent properties, including those across any adjoining
roads.
(9) Topographic information and identification of steep slopes differentiating
between slopes from 15% to 20% and then all slopes greater than 20%.
The extent of existing tree masses shall also be clearly shown.
(10)
The delineation of one-hundred-year floodplain as per the most
recent Wilson Borough FEMA Flood Insurance Study.
(11)
The delineation of all soil types as indicated by the USDA Soil
Conservation Service Soil Survey of Northampton County.
(12)
The plotting of all existing landmarks within the proposed development,
including the location of all existing streets, buildings, easements,
rights-of-way, sanitary sewers, water mains, storm drainage structures,
and watercourses.
(13)
A list of site data, including but not limited to the following:
(a)
Total acreage of the tract.
(c)
Proposed use of the land.
(d)
Proposed gross area of the development.
(e)
Proposed gross residential density.
(f)
Proposed number of dwelling units and building type.
(g)
Acreage and percentage of common open space.
(h)
Proposed number of parking spaces.
(14)
The approximate proposed location and dimensions of all proposed
streets, access drives, parking areas and pedestrian circulation systems.
(15)
The proposed location of block or lot lines with approximate
dimensions and areas.
(16)
Notation indicating which existing structure on the tract is
to be retained or removed.
(17)
The proposed location of building setback lines from all streets,
and the distances between buildings and adjacent tract boundaries
and lot lines.
(18)
The proposed location, size and use of all common open space
areas and recreation facilities where applicable.
(19)
The proposed areas to be dedicated to the Borough with approximate
acreage of all areas and widths of all rights-of-way.
(20)
A proposed phasing plan of the development, which shall include
the proposed time within which applications for final approval of
all sections are intended to be filed.
(21)
Plans shall include information depicting typical roadway cross-sections,
lighting and planting.
C. Such drawings and documents as are required to establish the feasibility
of proposals for water supply and the disposal of sanitary wastes
and stormwater, the substance of covenants, grants, easements or other
restrictions proposed to be imposed upon the use of the land, buildings
and structures, including easements or grants for public utilities.
D. Evidence shall be presented that the PRD is to be supplied by a certificated
public utility, a bona fide cooperative association of lot owners,
or by a municipal corporation, authority or utility. A copy of a certificate
of public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement, or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable evidence. If only an application
for a certificate of public convenience from the Pennsylvania Public
Utility Commission is provided, tentative approval shall be conditioned
upon the applicant obtaining a certificate of public convenience.
E. A compilation and analysis relative to the effect of the proposed
PRD with respect to the impact upon existing and proposed public facilities,
utilities and roadway systems. This includes a compilation and analysis
of the costs to the Borough and the projected revenue in comparison
with the existing conditions and anticipated conditions if the development
is created by conventional methods.
F. A master traffic impact study analyzing traffic generation, including
an analysis of the capacity of streets serving the site as well as
predictions on traffic generated by the site. A master plan of proposed
on- and off-site traffic improvements which is coordinated with the
project phasing plan shall be prepared and submitted as part of the
study.
G. A lighting plan with the location and size of all street, parking
compound, recreational and open space lighting fixtures, whether freestanding
or affixed to buildings, including the delineation of isolux lighting
lines at increments of 0.2, 0.5 and 1.0 footcandles for each fixture,
as applicable, and construction details, manufacturers specifications,
elevations, materials and colors for each type of lighting fixture
proposed.
H. A landscape plan identifying existing vegetation to be retained; proposed plantings, including shade trees, designated by symbols appropriately scaled to represent the sizes of such at time of planting; a planting schedule for all proposed plantings, including botanical and common plant names, identification key, total quantity, size (height, width and caliper) at time of planting; details and specifications for all proposed plantings, topsoiling, seeding and mulching, including notes regarding special maintenance requirements temporarily during the period of establishment, or permanently, and the limits of any such special maintenance areas. The landscape plan shall meet the requirements outlined in §
170-87, Buffer yard requirements, and §
170-90, Landscaping.
I. Profile drawings shall be submitted for all streets, storms sewers,
water mains and sanitary sewer mains. Generally, the drawings shall
be at a scale of 50 feet to the inch horizontally and 10 feet to the
inch vertically. Existing and proposed grades shall be shown on each
drawing.
J. Cross-sections, details and specifications shall be submitted for
all improvements, including streets, parking lots, curbs, sidewalks,
bikeways, recreation facilities, play equipment, lighting, planting,
sanitary sewer facilities, water mains and sediment and erosion control
facilities.
K. An agreement shall be entered into between the Borough and the landowner
to cover in detail the improvements required to be constructed as
a condition of acceptance of a PRD which specify time limits for the
completion of required improvements. The items to be covered by the
agreement shall include, but not necessarily be limited to, the construction
of streets, storm drainage facilities, sanitary sewers, water lines,
street signs, survey markers and monumentation, sidewalks, curbs,
off-street parking, streetlights, street trees, fire protection, and
common open space improvements.
L. Financial security shall be calculated and posted to secure the completion of improvements in accordance with the requirements of Article
V of the Pennsylvania MPC and the requirements of this article. The financial security shall be released as construction progresses in accordance with the procedure set forth in Article
V of the Pennsylvania MPC. Upon completion of the improvements and acceptance of dedication by the Borough of any improvements, the landowner shall post financial security to secure the structural integrity and functioning of the improvements which have been accepted by the Borough in accordance with the requirements of Article
V of the Pennsylvania MPC.
M. All necessary state and federal permits.
When the landowner fails to meet the schedules fixed in the
tentative approval and does not appear to request an extension prior
to the scheduled date or when final approval has been granted and
the developer fails to start work within one year or when work is
stopped for a period of one year, the PRD shall be considered to be
abandoned. If the landowner fails to meet the above deadlines, and
within such time does not request an extension, abandonment shall
be considered to have taken place.
Borough Council shall have the authority to modify the allowed number and maximum sign area of signs allowed by Article
XVII within a PRD, in response to a written application by an applicant.