B.
The regulations set forth in this article are adopted to encourage
residential development design patterns which are more creative and
imaginative than is generally possible under conventional zoning district
controls and subdivision requirements. The use of the planned residential
development concept should be given favorable consideration in cases
where a rigid pattern of development would create substantial difficulties
in the installation and servicing of utilities or roads and destroy
natural site amenities. The flexibility afforded by these provisions
should preserve or create physical and economic amenities that will
be a continuing asset to the community and permit the City to acquire
open land in a manner heretofore not possible. For example, flexibility
would provide a mechanism for encouraging dedication of land for parks
and permitting the preservation of contiguous steep slope areas.
Planned residential developments may be permitted in S-1 and S-2 Conservancy Districts and in R-1, R-2 and R-3 Residential Zoning Districts in the City, subject to the restrictions, qualifications and requirements cited in this article, as enumerated herein below. Provisions of this chapter and Chapter 260, Subdivision and Land Development, concerned with dwelling type, bulk, density and open space shall not be applied except for the single family portions of a PRD, when planned residential development proposals are reviewed and approved and except when specifically indicated by the provisions contained in this article. Planned residential developments shall be shown on Official Zoning Map after being given tentative approval and certified by Council.
A.
The minimum land area for a planned residential development (PRD)
shall be 10 continuous acres.
B.
The applicant for a PRD plan approval shall evidence a full ownership
interest in the land. The evidence shall be either legal title or
an executed binding sales agreement.
C.
The project shall be in single, legal as well as equitable, ownership
prior to approval of the final development plan.
D.
A parcel to be developed must be one contiguous piece of land not
separated into subparcels by a public highway, road or a railroad
right-of-way.
A.
In any instance where public or municipal sewer and water facilities
are available and are capable of being extended to the development
site, the developer shall connect the project to such facilities.
Any extension of the sewer system and collector lines (not laterals)
must become a public system, constructed in accordance with the sewage
manual procedures and requirements, with inspection by and approved
by the Lower Burrell Municipal Authority. If the cost of the connector
facility or line is more than the cost for the installation of an
interim treatment facility, the developer shall not be required to
connect to the municipal system.
[Amended 9-10-2012 by Ord. No. 1-2012]
B.
In the absence of public sewerage facilities, the developer shall
provide within a planned unit, a sanitary sewer system which shall
be subject to the standards and rules and regulations of the Environmental
Protection Agency and the Department of Environmental Protection of
the Commonwealth and of the rules and regulations and standards of
the City.[1]
C.
Central water service shall be supplied to each structure to be erected
in the development subject to the above-mentioned provisions as well
as any other requirements of the federal or state government. A fire
hydrant shall be provided within 600 feet of each structure.
D.
The developer shall provide within the planned residential development
a storm drainage system which shall be of sufficient size and design
to collect, carry off and dispose of all predictable surface water
runoff within the development, and shall be so constructed as to conform
with the statutes, ordinances and regulations of the commonwealth
and the City. The adequacy of such facilities shall be determined
by the City Engineer.
E.
All PRDs shall be related to the local and regional highway systems.
The developer must demonstrate to the satisfaction of the Planning
Commission, the City Engineer and appropriate officials of the State
Department of Transportation that traffic circulation will not be
adversely influenced, that additional traffic hazards will not be
created and that public and private road systems are adequate in terms
of traffic volume capacity and construction type to accommodate the
projected PRD-generated traffic.
F.
Access to all PRDs shall not be through or over streets of existing
single-family developments, but must have direct access from arterial
or collector roads as defined.
G.
Collector
lines/branches (not laterals), or whatever vernacular term is applied
to them (e.g., multiple laterals connected to a private sanitary sewage
collection line, which is then tapped into the public sanitary sewage
collection facilities), are not permitted. Each residential unit must
be individually tapped into the public sanitary sewage facilities.
See Exhibit 1 attached hereto and incorporated by reference.[2] This does not apply to high-rise buildings or garden apartment
style buildings or whatever vernacular term is applied to them.
[Added 9-10-2012 by Ord.
No. 1-2012]
[2]
Editor's Note: Exhibit 1 is on file in the City offices.
A.
The planned residential development provision of this chapter shall
be administered by the Planning Commission, which shall review all
applications on the basis of specified standards, conditions, regulations
and procedures. The Planning Commission shall conduct public hearings
and have final authority to approve, modify or disapprove development
plans.
C.
Preapplication conference with Planning Commission.
(1)
Each applicant shall schedule a preapplication conference at a regular
meeting of the Planning Commission to obtain information, exchange
of ideas and feedback. It shall be the responsibility of the City
Building Inspector to arrange the mandatory conference with the Planning
Commission and other officials who should be participants. The conference
shall include members or a designated committee of the Planning Commission
and the City Engineer, and such other representatives as deemed appropriate
to be included in the preapplication conference.
(2)
No formal requirement for plan or material submission is established
for the preapplication conference; however, the more data the applicant
presents in the form of sketch plans, land use concepts, density ranges
proposed, ancillary use proposals, site information, existing perimeter
conditions, access considerations and utility needs, the more guidance
and help can be offered in preparing an acceptable plan for local
approval.
(3)
The general intent of the proposal, evidenced schematically by sketch plans and other basic illustrative materials, are to be considered before submission of the planned residential development application. It is the intent of this chapter that subdivision review where applicable to a PRD and according to Chapter 260, Subdivision of Land, be carried out simultaneously with the review of a planned residential development under this section of this article.
(4)
This early review is to discourage developers from committing substantial
resources to a PRD until the preapplication conference is completed,
and to also expedite the formal review procedure and assist in completing
the application.
A.
Following the preapplication conference(s), the developer shall provide
the Planning Commission with an application for tentative approval
and five copies of the overall preliminary site plan adhering to the
standards and requirements of this chapter. The application shall
be placed on the Planning Commission agenda to initiate the formal
tentative approval review proceedings. The applicant shall submit
with the preliminary plan an explanation of the character of the planned
residential development, the reasons why a planned residential development
would be in the public interest and would be consistent with the Comprehensive
Plan for the development of the City.
B.
The preliminary development plan shall be presented in sufficient
detail to provide the Planning Commission with a major substantive
review of the proposed planned residential development.
C.
A statement of the applicant's intentions with regard to the future
selling or leasing of all or portions of the PRD, such as land areas,
dwelling units, etc., shall be included.
D.
The preliminary development plan shall also include a key map of
the location of the site. The overall site plan shall be at a scale
no smaller than one inch equals 100 feet and any maps necessary to
show the major details of the proposed PRD shall contain the following
minimum information:
(1)
The existing site conditions including contours at a minimum interval
of two feet up to 10% slope and a minimum interval of five feet for
over 10% slope, watercourses, floodplains, unique natural features,
and forest cover and other natural vegetation considered significant
by the Planning Commission and City Engineer.[1]
(2)
Proposed lot lines and plot designs.
(3)
The location and floor area size of all existing and proposed buildings,
structures and other improvements, including maximum heights, types
of dwelling units by code, density per type, and nonresidential structures,
including commercial facilities. All structures shall be distinguished
and identified on the plan by code. Preliminary evaluations and/or
architectural renderings of typical structures and improvements shall
be provided. Such drawings shall be sufficient to relay the basic
architectural intent of the proposed improvements but should not be
encumbered with final detail at this stage.
(4)
The location and size in acres or square feet of all areas to be
conveyed, dedicated or reserved as common open spaces, public parks,
recreational areas, school sites and similar public and semipublic
uses.
(5)
The existing and proposed circulation system of arterial, collector
and local streets including off-street parking areas, service areas,
loading areas, and major points of access to public rights-of-way,
including major points of ingress and egress to the development. Notations
of proposed ownership, public or private, should be included where
appropriate. (Detailed engineering drawings of cross sections and
street standards shall be handled in the final development plan stage.)
(6)
The existing and proposed pedestrian circulation system, including
its interrelationships with the vehicular circulation system, indicating
proposed treatments of points of conflict.
(7)
The existing and proposed utility systems including sanitary sewers,
storm sewers, and water, electric, gas and telephone lines.
(8)
A general landscape plan indicating the treatment of materials used
for private and common open spaces. (The landscape plan should be
in general schematic form at this stage.)
(9)
Enough information on land areas adjacent to the proposed PRD to
indicate the relationships between the proposed development and existing
and proposed adjacent areas, including land uses, zoning classifications,
densities, circulation systems, public facilities, and unique natural
features of the landscape.
(10)
The proposed treatment of the perimeter of the PRD, including
materials and techniques used such as screens, fences and walls.
(11)
Any additional information as required by the Planning Commission
necessary to evaluate the character and impact of the proposed PRD.
E.
Projected scheduling of phases. In the case of development plans
which call for development over a period of years, a schedule shall
be provided showing the proposed times within which applications for
final approval of all sections of the PRD are intended to be filed.
This schedule shall be reviewed annually with the Planning Commission
by the developer on the anniversary of the tentative approval, until
the development is completed and accepted. It shall be the obligation
of the developer to request such reviews in writing within the thirty-day
period prior to the anniversary date of the tentative approval.[2]
A.
Within 60 days after the filing of an application for tentative approval
of a planned residential development pursuant to this chapter, a public
hearing pursuant to public notice on said application shall be held
by the Planning Commission.
B.
Public notice shall be given and written notice shall be given to
the applicant, the Zoning Officer and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by rules of the Planning
Commission. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
C.
The parties to the hearing shall be the City, any person affected
by the application who has made timely appearance of record before
the Planning Commission, and any other person including civic or community
organizations permitted to appear by the Planning Commission. The
Planning Commission shall have power to require that all persons who
wish to be considered parties enter appearances in writing on forms
provided by the Planning Commission for that purpose.
D.
The Chairman, or Acting Chairman, in the absence of the Chairman,
of the Planning Commission shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
E.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
F.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
G.
The Planning Commission shall keep a stenographic record of the proceedings.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Planning Commission. The cost of the original transcript
shall be paid by the Planning Commission if the transcript is ordered
by the Planning Commission or shall be paid by the person appealing
from the decision of the Planning Commission if such appeal is made,
and in either event, the cost of additional copies shall be paid by
the person requesting such copy or copies. In other cases, the party
requesting the original transcript shall bear the cost thereof.
H.
The Planning Commission shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice for all parties to participate, shall
not take notice of any communication, reports, staff memoranda or
other materials, except advice from their solicitor, unless the parties
are afforded an opportunity to contest the material so noticed and
shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
I.
The Planning Commission 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.
A.
The Planning Commission, within 60 days following the conclusion
of the public hearing shall, by official written communication to
the landowner, either:
B.
Failure to so act with said sixty-day 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 Planning Commission,
notify such Planning Commission of his refusal to accept all said
conditions, in which case, the Planning Commission shall be deemed
to have denied tentative approval of the development plan. In the
event the landowner does not, within said period, notify the Planning
Commission of his refusal to accept all said conditions, tentative
approval of the development plan, with all said conditions, shall
stand as granted.
C.
The grant or denial of tentative approval by official written communication
shall include not only conclusions but also findings of fact related
to the specific proposal and shall set forth the reasons for the grant,
with or without conditions, or for the denial, and said 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:
(1)
In those respects in which the development plan is or is not consistent
with the Comprehensive Plan for the development of the City;
(2)
The extent to which the development plan departs from zoning and
subdivision regulations otherwise applicable to the subject property
including, but not limited to, density, bulk and use, and the reasons
why such departures are or are not deemed to be in the public interest;
(3)
The purpose, location and amount of the common open space in the
planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space, and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential development;
(4)
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;
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established; and
(6)
In the case of a development plan which proposes development over
a period of years, the sufficiency of the terms and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plan.
D.
In the event a development plan is granted tentative approval, with
or without conditions, the Planning Commission 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 development plan which provides for development over a period
of years, the periods of time within which applications for final
approval of each part thereof shall be filed. Except upon the consent
of the landowner, the time so established between grant of tentative
approval and an application for final approval shall not be less than
three months and, in the case of development over a period of years,
the time between applications for final approval of each part of a
plan shall be not less than 12 months.
A.
The official written communication shall be certified by the City
Clerk and shall be filed in his office, and a certified copy 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.
B.
Tentative approval of a development plan shall not qualify a plat
of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted, to 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 the action
of the City pending an application or applications 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.
C.
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 Planning
Commission in writing, or in the event the landowner shall fail to
file application or applications for final approval within the required
period of time or times, as the case may be, the tentative approval
shall be deemed to be revoked and all that portion of the area included
in the development plan for which final approval has not been given
shall be subject to those 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 City Clerk.
After the preliminary development plan is granted tentative
approval by the Planning Commission, the developer shall thereafter
submit detailed plans for any part or section of the land for which
he desires approval. The Planning Commission shall review the detailed
plans to determine if they comply with this section and with the overall
plan originally submitted by the developer. No zoning or building
permit shall be issued until after approval by the Planning Commission
of the detailed plans for the section in which the proposed development
is located. Approval of any detailed plans shall lapse unless more
than token construction is started in that section within one year.
No legal or equitable conveyance of land or buildings within the development
may be made until the developer has complied with all applicable City
ordinances.
A.
In the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support thereof,
and as required by the official written communication of tentative
approval, the Planning Commission shall, within 30 days of such filing,
grant such development plan final approval.
B.
The final development plan shall be deemed in substantial compliance
with the preliminary development plan, provided modification by the
applicant does not involve a change of one or more of the following:
(1)
Violate any provision of this article.
(2)
Vary the lot area requirement by more than 10% the amount specified
on the approved preliminary development plan.
(3)
Involve a reduction of more than 10% of the area reserved for the
common open space and/or usable open space as specified on the approved
preliminary development plan.
(4)
Increase the floor area proposed for nonresidential use by more than
10% the area specified on the approved preliminary development plan.
(5)
Increase the total ground area covered by buildings by more than
5% of the amount specified on the approved preliminary development
plan.
C.
Minor changes in the location, siting and height of buildings and
structures may be authorized by the Planning Commission without additional
public hearings if required by engineering or other circumstances
not foreseen at the time the final plan was approved. No change authorized
by this subsection may cause any of the following:
(1)
A change in the use or character of the development.
(2)
An increase in overall coverage of structures.
(3)
An increase in the intensity of use.
(4)
An increase in the problems of traffic circulation and public utilities.
(5)
A reduction in approved open space.
(6)
A reduction of off-street parking and loading space.
(7)
A reduction in required pavement widths.
D.
In the event the development plan, as submitted, contains variations
from the development plan given tentative approval, the Planning Commission
may refuse to grant final approval and shall within 30 days from the
filing of the application for final approval so advise the landowner
in writing of such refusal, setting forth in such notice the reasons
why one or more of such variations are not in the public interest.
In the event of such refusal, the landowner may either:
(1)
Refile his application for final approval without the variations
objected; or
(2)
File a written request with the Planning Commission that they hold
a public hearing on this application for final approval. 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
has already passed at the time when the landowner was advised that
the development plan was not in substantial compliance. In the event
the landowner fails to take either of these alternate actions within
such time, he shall be deemed to have abandoned the development plan.
Any such public hearing shall be held pursuant to public notice within
30 days after request for the hearing is made by the landowner, and
the hearing shall be conducted in the manner prescribed in this article
for public hearings on applications for tentative approval. Within
30 days after the conclusion of the hearing, the Planning Commission
shall by official written communication either grant final approval
to the development plan or deny final approval. The grant or denial
of final approval of the development plan shall, in cases arising
under this section, be in compliance with the provisions of Act 247,
§ 709.[1]
[1]
Editor's Note: See 53 P.S. § 10709.
E.
A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by Council and shall
be filed of record forthwith in the office of the County Recorder
of Deeds before any development takes place in accordance therewith.
Unless the development plan or part thereof is so recorded, no construction
shall commence on the project site. 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 within a reasonable time of such planned
residential development or of that part thereof, as the case may be,
that has been finally approved, no modifications of the provisions
of such development plan, or part thereof, as finally approved, shall
be made except with the consent of the landowner.
F.
In the event that a development plan, or a section thereof, is given
final approval and thereafter the landowner abandons such plan or
the section thereof that has been finally approved, and so notifies
the Planning Commission in writing; or, in the event the landowner
fails to commence and carry out the planned development within the
schedule projected and approved in the application for tentative approval,
or such amendment as subsequently mutually agreed to by the landowner
and the Planning Commission, no development or further development
shall take place on the property included in the development plan.
G.
If the sequence of construction of various portions of the development
is to occur in stages, then the open space and/or recreational facilities
shall be developed, or committed thereto, in proportion to the number
of dwelling units intended to be developed during any given stage
of construction as approved by the Planning Commission. Furthermore,
at no time during the construction of the project shall the number
of constructed dwelling units per acre of developed land exceed the
overall density per acre established by the approved final development
plan.
A.
Density per gross acre.
|
R-1
|
R-2
|
R-3
|
S-1, S-2
| ||
|---|---|---|---|---|---|
|
Single-family
|
4
|
5
|
5
|
3
| |
|
Doubles or Townhouses
|
8
|
12
|
12
|
8
| |
|
Garden apartments
|
—
|
18
|
20
|
—
| |
|
High-rise
|
—
|
25
|
25
|
—
|
(1)
The Planning Commission reserves the right to reduce density levels
in any proposed planned residential development if it determines that:
(a)
There is inconvenient or inadequate vehicular access to the
development.
(b)
Serious traffic congestion on adjoining streets will be generated.
(c)
An excessive burden will be placed upon the ability of responsible
public agencies to provide needed public facilities to serve the proposed
development.
B.
Lot and structure requirements.
(1)
Lot size. There shall be no minimum lot size, setbacks, percentage
of lot coverage or lot width. However, every single-family dwelling
shall have access to a public street, court, walk or other area dedicated
to public use. No structure or group of structures shall be erected
within 20 feet of any other structure or group of structures.
(2)
Setback. All structures on the perimeter of the development must
be set back in accordance with the provisions of the zoning district
controlling the area within which the development is situated.
(3)
Height. There shall be no maximum height requirements.
(4)
Length. There shall be no continuous structure of townhouses containing
more than six dwelling units.
(5)
Location of structures. The proposed location and arrangement of
structures shall not be detrimental to existing or prospective adjacent
structures or to existing or prospective development of the neighborhood.
C.
Open space. [See Act 247, Article I, § 107(4), Common Open Space.[1]] Area limitations for various uses. Within a planned residential
development, the following percentages of the total gross land area
shall be devoted to specified uses as indicated herewith:
(1)
A maximum of 80% for residential use; land devoted to residential
use shall be deemed to include those streets, alleys, parking areas,
private open spaces and courts which abut and service primarily residences
or groups of residences.
(2)
A maximum of 8% for accessory retail, dining and service facilities
and parking associated with these uses.
(3)
A minimum of 15% for open-air recreational uses, which may include
steep slopes, and other usable open space, but this open space shall
not include usable open space which is available for use by the general
public or by persons who do not reside in the residences or groups
of residences in proximity to it.
(4)
Usable open space shall not include space devoted to streets and
parking. Usable open space shall be defined as an open area (natural
or graded) set aside and developed for use by the occupants of the
development for recreation, parks, courts, gardens or household service
activities such as clothes drying, which space is effectively separated
from automobile traffic and parking and is readily accessible to the
residents. The buildings, structures and improvements which are permitted
in the common open space must be appropriate to the uses which are
authorized for the common open space and must conserve and enhance
the amenities of the common open space having regard to its topography
and unimproved condition. Recreation facilities or structures and
their accessory uses located in common recreation areas shall be considered
open space as long as total impervious surfaces (paving, roofs, etc.)
constitute no more than 5% of the total open space. Landscaped roof
areas devoted to recreational or leisure-time activities, freely accessible
to residents, may be counted as open space at the option of the Planning
Commission at a value of 50% of actual roof area devoted to these
uses.
(5)
A minimum of 5% for passive or undisturbed open space such as sloped
lands, watercourses or wooded lands. Where significant or unique natural
amenities exist on the site, the Planning Commission shall have the
authority to enforce their preservation. These may include, but are
not limited to, features such as rock outcroppings, groves of trees,
ravines, ponds and stream beds.
(6)
Protection of open spaces. Open spaces between structures, including
those spaces being used as public or private recreational areas, shall
be protected by adequate covenants running with the land or by conveyances
or dedications. Planned residential developments shall be approved
subject to the submission of a legal instrument or instruments setting
forth a plan or manner of permanent care and maintenance of such open
spaces, recreational areas and communally owned facilities. No such
instrument shall be acceptable until approved by the City Solicitor
as to legal form and effect, and the Planning Commission as to suitability
for the proposed use of the open areas. In cases where the City will
not be accepting dedications of streets, recreation areas or open
spaces, the landowner shall provide for an organization or trust for
ownership and maintenance. If the common open space is deeded to a
homeowners' association or a nonprofit corporation established on
a membership basis, the developer shall file a declaration of covenants
and restrictions that will govern the association, to be submitted
with the application for the preliminary approval. If there is a homeowners'
association under the Uniform Condominium Act,[2] the developer must file a declaration of rules and regulations.
The provisions shall include, but not be limited to, the following:[3]
(a)
The homeowners' association or nonprofit corporation must be
set up before the homes are sold.
(b)
Membership must be mandatory for each home buyer and any successive
buyer.
(c)
The open space restrictions must be permanent, not just for
a period of years.
(d)
The association must be responsible for liability insurance,
local taxes and the maintenance of recreational and other facilities.
(e)
Homeowners must pay their pro rata share of the cost; the assessment
levied by the association can become a lien on the property.
(f)
The association must be able to adjust the assessment to meet
changed needs.
(7)
The City 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 City 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 [see Act 247, Article VII, § 705(d)(1)[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 planned residential development
fail to maintain the common open space in reasonable order and condition
in accordance with the development plan, the City 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 hearing thereon which shall be held within 14 days of the
notice. At such hearing, the City 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. If the deficiencies set forth in the
original notice or in the modifications thereof shall not be corrected
within such 30 days or any extension thereof, the City 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 such common open space, and maintain the
same for a period of one year. Such maintenance by the City shall
not constitute a taking of such common open space, nor vest in the
public any rights to use the same. Before the expiration of such year,
the City 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 shall show cause
why such maintenance by the City shall not, at the option of the City,
continue for a succeeding year. If Council determines that such organization
is ready and able to maintain such common open space during the next
succeeding year and, subject to a similar hearing and determination,
in each year thereafter. The decision of Council shall be subject
to appeal to court in the same manner, and within the same time limitation,
as is provided for zoning appeals by the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended.[5] The cost of such maintenance by the City 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 such properties. The City, at the time of entering
upon such common open space for 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.
[1]
Editor's Note: See 53 P.S. § 10107(4).
D.
Permitted uses. (See § 300-164.)
(1)
Land and buildings may be used for the following purposes:
(a)
Single-family (detached dwelling units).
(b)
Townhouses (row house units), all districts.
(c)
Apartment buildings (high-rise: R-2/R-3 only, maximum 10 story;
and garden apartments: R-2/R-3 only, three story only.
(d)
Park and recreation uses to include open space and landscape
frames, golf courses, swimming pools, tennis courts, tot lots, court
and field sports areas, ski slopes, toboggan runs, skating rinks and
similar uses approved by the Planning Commission.
(e)
Schools.
(f)
Church, parsonage or convent.
(2)
Accessory retail dining and service facilities may be permitted by
specific approval of the Planning Commission; provided, that such
uses are primarily for the service and convenience of the residents
of the planned residential development; and, further provided, that
the development contains 50 or more dwelling units. At least 80% of
the total planned dwelling units of the total project must be physically
constructed prior to any nonresidential use construction.
(3)
All structures on the perimeter of the development must be set back
in accordance with the provisions of the zoning district controlling
the area within which the development is situated. All structures
on the perimeter of the development must be well screened in a manner
which is approved by the Planning Commission.
(4)
Each PRD shall be planned as an entity which includes an overall
site plan, mixtures of housing types and land uses, usable open spaces,
site-related vehicular and pedestrian circulation systems, and preservation
of significant natural features.
E.
Parking. Parking shall be provided as follows:
(1)
There shall be a minimum of two off-street parking spaces for each
single-family and townhouse unit, and 1 1/2 spaces for each unit
in a garden apartment or high-rise apartment. Such spaces shall be
situated in the immediate vicinity of the dwelling units served.
(2)
All parking areas shall be landscaped, paved and visually screened
from adjacent structures through the use of planting, grade changes
or similar appropriate means approved by the Planning Commission.
(3)
Parking areas shall be designed to minimize excessive numbers of
vehicles in any one area. Continuous rows of more than 10 vehicles
shall be interrupted with appropriate landscaping.
F.
Circulation.
(1)
Vehicular access within the planned residential development shall
be designed to permit smooth traffic flow with minimum hazards to
vehicular or pedestrian traffic. All internal streets shall be oriented
and designed in a manner which will discourage through traffic.
(2)
A pedestrian and bicycle circulation system shall be established
to serve all elements within the development. The pedestrian and bicycle
circulation system shall be reasonably segregated from vehicular traffic
to provide separation of vehicular and pedestrian movement.
(3)
Streets in a planned residential development may be dedicated to
public use or may be retained under private ownership. Council may
modify specifications otherwise applicable for street standards where
it finds that the standards are not required in the interest of the
residents of the PRD and that modifications of the standards as proposed
will be consistent with the interests of the entire City.
G.
Landscaping.
(1)
A general landscaping plan shall be required at the time of the original
submission, to be followed by a detailed landscaping plan prior to
final approvals. The detailed plan shall show the spacing, sizes and
specific types of landscaping materials.
(2)
Existing trees shall be preserved whenever possible. The location
of trees shall be considered when planning the site elements such
as open spaces, building location, walks, paved areas, playgrounds,
parking, circulation systems and finished grade levels. Natural amenities
of all types shall be preserved where feasible.
(3)
A grading plan and an erosion and sedimentation plan shall be provided
prior to any construction or site development activity which will
confine excavation, earthmoving procedures and other changes to the
landscape in order to insure preservation and prevent despoliation
of the character of the project site.
(4)
All manufactured slopes shall be planted or protected from erosion
and shall be of a character to blend with surrounding terrain.
(5)
Layout of parking areas, service areas, entrances, exits, yards,
courts and landscaping, and control of signs, lighting, noise or other
potentially adverse influences shall be established in a manner which
will protect residential character within the PRD District and in
any adjoining district.
(6)
Within a PRD District, all utilities including telephone, television
cable and electrical systems shall be installed underground; provided,
however, appurtenances to these systems which require on-grade installation
must be effectively screened.
H.
Signs.
(1)
All sign internal installations and lighting of signs shall meet the standards for signs established for R-1, R-2 and R-3 Residential Districts in Article XIV.
(2)
Plans shall indicate the location, size and character of any sign
within the PRD intended to be seen from public ways outside the district.
No more than two sign surfaces, each with surface area not exceeding
30 square feet, shall be permitted at any principal entrance to the
district.
I.
Water supply. If water is to be provided by means other than by private
wells owned and maintained by the individual owners of lots within
the planned residential development, applicants shall present evidence
to the Planning Commission that the planned residential development
is to be supplied by a certified 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.[6]
A.
A planned residential development may be resold or leased or subdivided
for purposes of sale or lease, after final completion of all phases
of the final development plan.
B.
If the subdivision of such planned development will create a new
lot or plot line, the applicant shall apply to the Planning Commission
for approval of the subdivision. The Planning Commission shall approve
the subdivision only if each section of the subdivided development
meets all provisions of this chapter governing planned residential
developments.
C.
All sections of a subdivided planned development shall be controlled
by the final development plan.
A.
After general construction commences, the City Building Inspector
shall review, at least once every six months, all building permits
issued and compare them to the overall development phasing program.
If he determines that the rate of construction of residential units
or nonresidential structures substantially differs from the phasing
program, he shall so notify the developer and the Planning Commission
in writing; thereafter, the Planning Commission may issue such orders
to the developer as it sees it, and upon continued violation of this
subsection, may suspend the developer from further construction of
dwelling units of nonresidential structures until compliance is achieved.
B.
Council shall require a performance bond be furnished and filed with
the City for private improvements. An escrow agreement and account
approved by the City Solicitor as to form and content shall be required
in the amount of 110% of the estimated construction cost and engineering
for each phase of development. These funds may be dispersed upon certification
by the Project Engineer and by the City acting through the City Engineer.
Such escrow shall accompany the request for final approval to insure
completion of all public site improvements, streets, parking areas,
sewers, utilities, landscaping, plantings and screening.[1]
C.
Before any building permit may be issued in the planned development,
all agreements, contracts, deed restrictions and sureties shall be
in form acceptable to the City, all sureties required shall be provided,
and all payments due to the City or its agents shall be made.
(1)
Sureties regarding completion of development shall generally take
the form of sureties by a corporate surety company licensed to do
business in the commonwealth, although in specific cases, other forms
of surety may be found to be acceptable to the City.
(2)
Sureties for continuing operation and maintenance of areas, facilities
and functions not to be a responsibility of the City and performed
at general City expense may take any form acceptable to the City,
but shall include agreement that if operation and maintenance of such
areas, facilities and functions is not continued as set forth in the
final plan and report, the City may, in addition to other remedies,
operate and maintain such areas, facilities and functions in the manner
required in the final plan and report, with costs assessed ratably
against properties within the development having right of use of such
areas, facilities and services, and such costs shall become a lien
on such properties.
D.
In the event that a development plan, or a section thereof is given
final approval and thereafter the landowner abandons such plan or
the section thereof that has been finally approved, and so notifies
the Planning Commission in writing; or, in the event the landowner
fails to commence and carry out the planned residential development
within such reasonable period of time as may be fixed by ordinance
after final approval has been granted, no development or further development
shall take place on the property included in the development plan
until after the property is resubdivided and is reclassified by enactment
of an amendment to this chapter in the manner prescribed for such
amendments.
A.
Any person, partnership or corporation, who or which has violated
the planned residential development provisions of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the City, pay a judgment of not more than $500 plus all
court costs, including reasonable attorney fees incurred by the City
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the City may enforce the judgment pursuant to
the appropriate rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the Magisterial
District Judge determining that there has been a violation, further
determines that there was a good faith basis for the person, partnership
or corporation violating these provisions to have believed that there
was no such violation, in which event there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation by the Magisterial District Judge,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of planned residential development
provisions of this chapter shall be paid over to the City.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the City the right to
commence any action for enforcement pursuant to this section.
D.
Magisterial District Judges shall have initial jurisdiction over
proceedings brought under this section.
A.
At the time of application for tentative approval for a planned residential
development, an application fee of as established from time to time
by resolution of City Council per acre within the total development
application site area shall be payable to the City.[1]
B.
At the time of filing of final development plans for any section
or phase of the PRD, a fee of as established from time to time by
resolution of City Council per dwelling unit shall be payable to the
City.[2]
C.
At the time of filing of final development plans for any nonresidential
accessory uses, a fee as established from time to time by resolution
of City Council per acre for all such land, or fraction thereof, shall
be payable to the City.[3]
D.
In addition to the above cited PRD fees, all applicable building
permit fees adopted by the City shall apply.
