It is the purpose of this section to establish regulations and
controls for the use of land and structures, areas of lots, bulk of
buildings, amount and kind of open space, land, the provision of off-street
parking and other similar accessory regulations in a planned residential
development in accordance with guidelines set forth in the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1] Planned residential development is designed to provide
for developments incorporating a single type or variety of residential
and related uses which are planned and developed as a unit. Such development
may consist of individual lots, or it may have common building sites.
Further, planned residential development is intended:
A.
To encourage innovations in residential development and renewal so
that the growing demand for housing may be met by a greater variety
in type, design and layout of dwellings and by the conservation and
more efficient use of open space ancillary to said dwellings.
B.
To encourage a more efficient use of land and of public service.
C.
To provide a procedure which can relate the type, design and layout
of residential development to the particular site.
D.
To encourage a pattern of development which is innovative and may
not otherwise be allowable under current zoning standards.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Authority. The Borough shall hear and decide requests for planned
residential development in accordance with the provisions of this
chapter and the procedures and regulations of this chapter.
B.
Compliance. No proposed planned residential development may be approved
or recorded and no lot of the proposed planned residential development
may be sold or any structure built, altered, moved or enlarged in
any proposed planned residential development unless and until the
proposed planned residential development plan has been shown to meet
all requirements of all applicable codes and ordinances of the Borough,
including but limited to this chapter (Zoning), the Wilkinsburg Borough
Subdivision and Land Development Ordinance[1] and the Uniform Construction Code.[2]
C.
Relationship to Borough Subdivision and Land Development Ordinance.
All provisions of the Subdivision and Land Development Ordinance,
which are not specifically modified by the Borough in approving a
planned residential development, shall apply to any planned residential
development involving subdivision or land development, with the exception
of the following:
D.
Application procedure, general. An application for development of a planned residential development is governed by and follows the procedure of Article VII of the MPC, 53 P.S. § 10701 et seq. The applicant shall submit all applications to the Zoning Officer.
E.
Preapplication conference (optional).
(1)
Purpose. Before submission of an application for tentative approval,
the applicant is strongly encouraged to have a meeting with the Planning
Commission, Municipal Engineer, Zoning Officer, Building Official,
and such other personnel as may be necessary to determine the feasibility,
suitability and timing of the application. The intent of this step
is for the applicant to obtain information and guidance from the Borough
personnel before entering into any commitments or incurring substantial
expenses with regard to the site and the PRD plan preparation.
F.
Tentative approval.
(1)
Application content. An application for tentative approval of
a planned residential development shall include the following:
(a)
One copy of the application form, provided by the Borough and
completed by the applicant.
(b)
Application fee for tentative approval of a planned residential
development.
(c)
Maps and information required by Subdivision and Land Development
Ordinance, preliminary application contents, which shall show compliance
with Subsection (4) of Section 707 of the MPC, 53 P.S. § 10707(4),
and shall provide information to determine the location and size of
the common areas and common open space and the form of the organization
proposed to own and maintain the common areas for any planned residential
development.
(d)
Plans and information documenting compliance with Subsections
(4) and (5) of Section 707 of the MPC.[3] Such plans and information shall indicate reasons why
the planned residential development is consistent with the Comprehensive
Plan and is in the interest of the Borough. Requested modifications
to the Code otherwise applicable to the site shall be cited.
[3]
Editor's Note: See 53 P.S. § 10707(4) and (5).
(e)
Total number of lots for each type of residential use.
(f)
Residential density. The total number of dwelling units, and
for each type of residential use, the percentage in relation to the
total number of residential dwelling units.
(g)
Gross land area percentage for nonresidential uses. The acreage
of each type of nonresidential use, square footage proposed, and location
of areas proposed for nonresidential uses.
(h)
General vehicular and nonvehicular patterns, including all points
of access to the site for the entire PRD, including a map designating
streets types and identifying those proposed for public dedication.
(i)
Location and dimensions of streets and rights-of-way of the
proposed street network. A street specification document shall be
provided as part of the tentative plan if new streets are proposed
with the PRD.
(j)
Boundaries and conceptual depiction of the location and proposed
use in each area of the development which includes depictions of residential
and nonresidential uses.
(k)
A narrative that describes the proposed covenants, restrictions
and development standards and the proposed community association documents
or a draft of such documents.
(l)
Location of proposed public utilities, including improvements
that will be owned, operated, and maintained by a property owners'
association.
(m)
A plan for providing stormwater control. The plan for stormwater
management facilities shall be accompanied by an analysis and discussion
of anticipated stormwater management methods.
(n)
A plan for providing streetlighting, street trees, sidewalks,
and pedestrian or bicycle trails as proposed and/or required by this
chapter or the Subdivision and Land Development Ordinance of the Borough.
(o)
Such other data as is reasonably found necessary by the Planning
Commission and/or Council.
G.
Planning Commission review and comment. The Planning Commission shall
review and discuss the proposed PRD at an open meeting and take public
comments on the proposed application for tentative approval; the Planning
Commission shall make a written recommendation to the Council on any
application for tentative approval of a planned residential development.
The Planning Commission shall set forth the reasons for its recommendation
that the proposal be either approved or denied.
H.
Allegheny County Planning Department review and comment. At least
30 days before the public hearing, the applicant shall submit the
application for tentative approval of a planned residential development
to the Allegheny County Planning Department for review and comment
as required by the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq.
I.
Public hearing. The Borough shall hold a public hearing on the application
for tentative approval in accordance with Section 708 of the MPC,
53 P.S. § 10708. The Borough shall cause notice of the public
hearing to be given as required by law.
J.
The Borough shall consider whether proposed modifications in any
of the requirements of this chapter for each zoning district, contained
in an application for development of a planned residential development,
will make for a more efficient, attractive and harmonious planned
development. If such modifications, in the judgment of the Borough,
constitute a more beneficial use of the site than provided for under
the requirements of the zoning district in which the site of the planned
development is located, the Borough, in its sole discretion, may grant
the approval of the plan with modifications to the underlying zoning
district requirements subject to the following:
(1)
Authorized uses shall be limited to those specified for the
given zoning district in which the site is located.
(2)
No modifications shall be given for density that exceeds the
density established in the underlying zoning district in which the
proposed PRD is located. However, a density incentive of an additional
10% above the base density established in the underlying zoning district
may be granted in the sole discretion of the Borough if the development
provides a unique design and meets current housing needs of the Borough.
(3)
All common open space shall be reserved as permanent open space.
(4)
Provisions for all planned residential developments shall be
in accordance with the laws of the Commonwealth of Pennsylvania for
planned residential developments.
(5)
No modification shall be granted for any construction, development,
use or activity within any floodplain areas which would cause any
increase in the one-hundred-year flood elevation.
K.
Findings. The Borough shall make findings in accordance with Section
709 of the MPC, 53 P.S. § 10709.
L.
Official written communication. The official written communication
of findings shall be certified by the Borough Secretary, and a certified
copy shall be mailed to the landowner and developer in accordance
with Section 709 of the MPC, 53 P.S. § 10709.
M.
Status of plan after tentative approval. The status of a plan after
tentative approval shall be in accordance with Section 710 of the
MPC, 53 P.S. § 10710.
N.
Final approval.
(1)
Submission of application. The application for final approval
of a planned residential development shall be submitted within six
months after tentative approval, unless the Borough grants an extension
upon written request of the developer to a date not to exceed 18 months
from the date of tentative approval. However, planned residential
developments proposed in phases shall have applications for final
approval made pursuant to the phase schedule set forth in the official
written communication of the findings of the Borough with respect
to tentative approval.
(2)
Application content. An application for final approval of a
planned residential development shall include the following:
(a)
Three copies of the application form provided by the Borough
and completed by the developer.
(b)
The application fee and review fees for final approval of a
planned residential development.
(c)
Maps and information with the same number of copies as required
by the Subdivision and Land Development Ordinance, final application
content.
(d)
Ten copies of final drawings, including floor plans and elevations
for all structures and buildings, other than residential dwellings,
prepared by an architect, including all proposed signs, all exterior
illumination and all outside storage areas.
(e)
The final plat for the planned residential development shall
contain those items approved in the application for tentative approval
and the items in Subdivision and Land Development Ordinance.
(3)
Seven copies of a development schedule showing:
(a)
The order of construction of the proposed sections delineated
in the final development plan.
(b)
The proposed date for the beginning of construction on said
sections.
(c)
The proposed date for the completion of construction on said
sections.
(d)
The proposed schedule for the construction and improvement of
the common areas.
(e)
Two copies of deed restriction proposals to preserve the character
of the common areas.
(f)
If the developer elects the association or nonprofit corporation
method of administering common areas, the proposed bylaws of the association
or the certificate of incorporation and the incorporated bylaws of
the nonprofit corporation.
(g)
If the developer elects the condominium method of ownership
of common areas, the proposed declaration of condominium bylaws and
related documents.
(h)
Instruments dedicating all public and private rights-of-way,
easements, and other public lots shown on the final development plan
from all persons having any interest in said lots.
(i)
Improvement security. The developer shall guarantee the installation
of the private and public improvements specified in the final development
plan by providing an improvement security in the amount of 110% of
the estimated cost of construction of the private and public improvements
as determined in accordance with Section 509 of the MPC, 53 P.S. § 10509.
(j)
Two copies of tax receipts. Paid receipts from the taxing bodies
indicating taxes have been paid in full up to and including the current
period.
(4)
Planning Commission review and recommendation. The Planning
Commission shall examine the application and determine if the application
meets the criteria and includes the items required and if the application
for final approval complies with the conditions of tentative approval,
if any. The Planning Commission shall forward its written recommendation
to the Borough for final approval, setting forth its findings and
reasons.
(5)
Action on application for final approval. Action on the application
for final approval shall be in accordance with Section 711 of the
MPC, 53 P.S. § 10711.
(6)
Recording of final development plan. Recording of the final
development plan shall be in accordance with Section 711(d) of the
MPC, 53 P.S. § 10711(d). The time for recording of a final
development plan granted final approval by the Borough shall be governed
by the provisions of the Subdivision and Land Development Ordinance.
(7)
Zoning approval. No zoning approval for construction or erection
of structures or for occupancy and use shall be issued until the final
development plan has been approved and recorded. Upon proof of recording
and certification of final approval by the Borough, a zoning approval
shall be issued by the Zoning Officer.
O.
Procedure for approval of amendments to planned residential developments
after final approval and/or recording. Any amendment to a planned
residential development submitted after final approval for recording
which does not violate any of the conditions or requirements of the
tentative approval or of the zoning district classification may be
approved at an open meeting of the Borough after recommendation by
the Planning Commission. Amendments involving substantive changes
or modifications to conditions shall require a public hearing in the
same manner as for an application for tentative approval of a planned
residential development. Upon approval of the amendment, the recorded
final development plan shall be amended and rerecorded to conform
to the amendment.
P.
Completion and acceptance of public improvements. Upon completion
of the public improvements in a final development plan, the provisions
of the Subdivision and Land Development Ordinance shall apply and
govern the completion and acceptance of public improvements.
Q.
Release of improvement security. The release of the improvement security
required under this chapter shall be governed by the Subdivision and
Land Development Ordinance, and the acceptance of public improvements
and the required maintenance security shall be governed by the Subdivision
and Land Development Ordinance.
R.
Remedies to effect completion. The remedies available to the Borough
to effect completion of public improvements shall be governed by the
Subdivision and Land Development Ordinance.
S.
Uniformity with the Subdivision and Land Development Ordinance. The
provisions of the preceding sections are intended to make uniform
the requirements of this chapter and the Subdivision and Land Development
Ordinance. Whenever the provisions of the Subdivision and Land Development
Ordinance are amended, those amendments shall be incorporated into
this chapter as of the effective date of the amendment.
A.
Types of planned residential development. Planned residential developments
in the Borough of Wilkinsburg shall be categorized into two separate
types of classes.
(1)
Type I: those planned residential developments that are of sufficient
size, more than five acres, with no commercial, and being located
in any residential district and developed as a separate entity. Any
accessory use permitted by this chapter shall be located in the center
of the planned residential development and not on the perimeter so
as to interfere with the residential usage of adjacent property unless
it borders equivalent area.
(2)
Type II: those planned residential developments that are of
sufficient size, more than 10 acres, and being located in any residential
district and developed as a separate entity. Type II PRDs may contain
commercial uses as provided for in this article; however, in no case
shall the commercial area be equal to more than 10% of the gross property
acreage.
B.
Site requirements. The site for any development plan shall meet the
following requirements:
(1)
Applicant. The entire site for the development plan shall be
owned or controlled by the developer.
(2)
Minimum size. The site shall not be less than five acres for
Type I or not less than 10 acres for Type II.
(3)
Access. The site must provide for direct access from existing
streets per official Borough of Wilkinsburg road map to assure convenient
and safe access which will not cause undue congestion or hazard on
local streets.
(4)
The site shall be of such a character so as to avoid danger
to health or peril from fire, flood, or other hazard.
C.
Natural features. Existing natural features, such as trees, steep
slopes, watercourses, historic assets and similar irreplaceable assets,
shall be preserved insofar as possible through harmonious design of
the development plan.
D.
Permitted uses. The following uses may be permitted in a development
plan, provided that their design, arrangement, landscaping, and construction
meet the requirements set forth in this chapter.
(1)
In each of the residential districts, the following use types
are permitted: single-family dwellings, two-family dwellings, townhouses/multifamily
dwellings, and like structures.
(2)
Commercial uses. Commercial uses are only permitted in Type
II planned residential developments. Uses allowed in the MU Mixed-Use
District shall be permitted in conjunction with Type II PRDs. All
provisions of the MU District, including bulk and area requirements,
shall apply in establishing commercial uses in a Type II PRD. In no
case shall the commercial area of a Type II PRD exceed 10% of the
gross property acreage of the PRD.
E.
Permitted density. The maximum number of dwelling units permitted
shall be the same as the underlying zoning district unless a density
incentive of a maximum of 10% is granted by the Borough. Minimum lot
sizes of the underlying zoning may be modified in a PRD, however the
density that would be the result of the underlying zoning district
shall be the base density for the purpose of developing a PRD.
F.
Building spacing. The requirements determining the spacing of buildings
shall be as flexible as possible so as to encourage imaginative site
design. The spaces between buildings shall guarantee adequate light,
air and emergency access.
G.
Minimum building setback. No structure used for dwelling purposes
shall be located closer to any boundary of the site than 15 feet.
No accessory structure and no facility for off-street parking shall
be located in this required setback area.
H.
Building height. Building height shall comply the requirements of
the underlying zoning district.
I.
Off street parking. Off-street parking spaces shall be provided in accordance with the specifications of Article VI of this chapter.
K.
Storm drainage. The construction of a storm drainage system shall
conform to the regulations of the Subdivision and Land Development
Ordinance.
L.
Sidewalks and pedestrian walkways. Sidewalks shall be required on
both sides of all streets. In addition, pedestrian interior walks
may be required where necessary to assist circulation or provide access
to community facilities. All sidewalks and walkways shall have a width
of not less than four feet.
M.
Water supply. All uses within the proposed development shall be connected
to the public water system.
N.
Sewers. All uses within the proposed development shall be connected
to the public sewer system.
O.
Utilities. All utilities located within the planned residential development
shall be located underground.
P.
Trees. Trees shall be planted along all streets. The location and
types must meet the approval of the Planning Commission.
R.
Common open space:
(1)
Common open space. Common open space, if provided as part of
the PRD, shall be dedicated or otherwise preserved and maintained
so as to always remain open and available for use by the occupants
of the development area.
(2)
Ownership. Any of the following methods may be used, either
individually or together, to preserve, own, and maintain common open
space: condominium, homeowners' association, dedication in fee
simple, dedication of easements, and transfer of fee simple title
and easements to a private conservation organization. Such land shall
not be eligible for transfer to another party except for transfer
to another method of ownership permitted under this section. The following
specific requirements are associated with each of the various methods:
(a)
Homeowners' association. The common open space may be held
in common ownership by a homeowners' association. This method
shall be subject to all of the provisions for homeowners' associations
set forth in this chapter.
(b)
Fee simple dedication. The Borough may, but shall not be required
to, accept any portion of the common open space, provided that:
(c)
Transfer to a private conservation organization. With the permission
of the Borough, an owner may transfer either the fee simple title,
with appropriate deed restrictions running in favor of the Borough,
or restrictive easement to a private nonprofit organization, among
whose purposes is to conserve open space land and/or natural resources,
provided that:
[1]
The organization is acceptable to the Borough and is a bona fide
conservation organization with perpetual existence;
[2]
The conveyance contains appropriate provision for proper reverter
or retransfer in event that the organization becomes unwilling or
unable to continue carrying out its functions; and
[3]
A maintenance agreement acceptable to the Borough is reached.
(d)
Dedication of easements. The Borough may, but shall not be required
to, accept easements for public use of any portion or portions of
open space land, title to which is to remain in ownership by condominium
or homeowners' association, provided that:
(e)
Condominium. The common open space may be controlled through
the use of condominium agreements. Such agreements shall be in conformance
with the condominium laws of the Commonwealth of Pennsylvania.
(3)
Specific requirements for homeowners' associations. If
a homeowners' association is formed, it shall be governed according
to the following regulations:
(a)
The developer shall provide to the Borough a description of
the organization, including its bylaws and documents governing open
space maintenance and use restrictions.
(b)
The organization shall be established by the developers and
shall be operating (with financial subsidization by the developers,
if necessary) before the sale of any lots within the development.
(c)
Membership in the organization is mandatory for all purchasers
of homes therein and their successors.
(d)
The organization shall be responsible for maintenance of and
insurance on common open space. The organization also shall be responsible
for real estate taxes on common open space.
(e)
The members of the organization shall share equitably the costs
of maintaining and developing common open space, in accordance with
the procedures established by them.
S.
Phasing development:
(1)
Residential phasing. The density of development within various
phases of the planned residential development may vary, provided that
each such area or portion of the development plan meets all requirements
of this chapter.
(2)
Nonresidential phasing: At least 80% of the proposed residential
dwelling units shall be constructed and occupied prior to the construction
of any of the proposed commercial uses.
