The purpose of the planned residential development regulations
includes:
A.
Encourage innovations in residential development to meet the growing
demand for housing;
B.
Encourage greater variety in type, design and layout of residential
dwellings;
C.
Conserve open space and encourage a more efficient use of land and
public services;
D.
Insure increased flexibility of land development regulations; and
E.
Provide a procedure to relate the type, design and layout of residential
development to characteristics of a particular lot. When a developer
proposes flexible and innovative design techniques, the planned development
district process offers an opportunity for creative solutions and
development. This article provides uniform development standards and
application processes for the planned development district applications.
The traditional neighborhood development concepts are desirable for
all planned development districts.
No planned residential development shall be approved or recorded,
no lot shall be sold nor any structure built, altered, moved or enlarged
in any planned residential development unless and until a development
plan has been approved and recorded and until the improvements required
and connected therewith have either been constructed or guaranteed,
as herein provided.
A.
A planned residential development shall be permitted as a conditional
use within the specific zoning district specified in this chapter,
subject to compliance of this article, this chapter and other applicable
Municipal ordinances;
B.
The provisions in this article for approval of a planned residential
development plan shall be a modification to and in lieu of procedures
and approvals otherwise required in this chapter and in the Subdivision
and Land Development Ordinance.[1] Failure to comply with this article with respect to a
recorded development plan shall be deemed to constitute a violation
of this chapter.
Prior to filing an application for tentative plan approval,
a prospective applicant may schedule a preapplication conference with
Municipal staff to discuss the applicable regulations governing the
planned residential development. The preapplication conference is
voluntary, and no formal application or fee is required. This opportunity
is afforded to the applicant and/or landowner to obtain information
and guidance before entering into binding commitments or incurring
substantial expenses for plan preparation.
A.
An application for tentative plan approval of a planned residential development shall be filed on forms as prescribed by the Municipality, at least 30 days prior to the date of the regular meeting of the Planning Commission. The tentative plan application shall not be complete and properly filed unless and until all items required by § 359-60, including the application fee and deposit, have been received by the filing date. The Zoning Officer shall review the application to determine whether the applicant has submitted all required materials.
B.
The Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the appropriate governmental agencies.
The Municipal Council shall not approve the tentative plan application
until reports from each of these agencies have been received, or the
expiration of 30 days from the date the copies were forwarded to said
agencies.
A.
The application for tentative plan approval shall be submitted to
the Zoning Officer, in the form prescribed from time to time by the
Municipality with no fewer than:
B.
The application for tentative plan approval shall contain the following:
(2)
The location, size, existing topography, proposed topography and
nature of the planned residential development to be developed;
(3)
The density of land use to be allocated to parts of the site to be
developed;
(4)
Location and size of the common open space, the location, size and
type of improvements proposed within the common open space and the
proposed ownership and maintenance arrangements for the common open
space;
(5)
The use and the appropriate height, bulk and location of buildings
and other structures;
(6)
The feasibility of proposals for water supply and the disposition
of sanitary waste and water;
(7)
The substance of covenants, grants of easements, rights-of-way or
other restrictions proposed to be imposed upon the use of the land,
common open space, buildings and structures, including proposed easements
or grants for public utilities;
(8)
Provisions for vehicular parking and location and width of proposed
streets;
(9)
Location and design of all screening and landscaping, indicating
the type, location and height of all plantings;
(10)
Renderings of proposed dwellings;
(11)
The extent to which the proposed development plan deviates from
otherwise applicable Municipal zoning and subdivision and land development
regulations;
(12)
In the case of development plans which call for development
over a period of years, a phasing plan and a schedule showing the
proposed times in which applications for final approval of all phases
of the development will be filed. This schedule shall be updated annually,
by the anniversary of its previous approval, until the development
is completed and accepted;
(13)
A written statement by the applicant and/or landowner which
sets forth:
(b)
The disposition of common open space lands and the provisions
for their maintenance, ownership and control; and
(c)
The purpose, location and amount of common open space within
the development plan, the reliability of the proposal for maintenance
and conservation of such common open space, and the adequacy or inadequacy
of the amount and purpose of such common open space land as related
to the proposed density and type of development.
Council shall hold a public hearing, pursuant to public notice,
on the tentative plan within the time periods and procedures required
by the MPC. The hearing shall commence within 60 days of the filing
of an administratively complete application. The hearing may be continued
from time to time; provided, however, that the public hearing or hearings
shall be concluded within 60 days after the date of the first public
hearing. The public hearing shall be conducted in accordance with
Section 908 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
Council shall give tentative approval to the proposed land development
plan if the applicant establishes that each of the following criteria
is met:
A.
The tentative plan complies with all applicable standards and conditions
of this chapter, preserves the community development objectives of
this chapter and is found by Council to be consistent with the Comprehensive
Plan;
B.
Where the development plan departs from this chapter and Subdivision
and Land Development Ordinance[1] otherwise applicable to the subject property, such departures
are in the public interest and promote the public's health, safety
and welfare;
C.
Proposals for the maintenance and conservation of any proposed common
open space are reliable and the amount and extent of improvements
of such open space are adequate with respect to the purpose, use and
type of residential development proposed;
D.
The physical design of the development plan adequately provides for
public services, traffic facilities and parking, light, air, recreation
and visual enjoyment;
E.
The total environment of the development plan is harmonious and consistent
with the neighborhood in which it is located;
F.
The development plan shall afford a greater degree of protection
of natural watercourses, topsoil, trees and other natural features
and the prevention of erosion, landslides, siltation and flooding
than if the subject property were developed in accordance with provisions
of this chapter and the Subdivision and Land Development Ordinance;
G.
In the case of a development plan which proposes development over
a period of years, the terms and conditions shall be sufficient to
protect the interests of the public and of the residents of the planned
residential development in the integrity of the development plan;
and
H.
The grant or denial of the tentative approval application shall include
findings of fact related to the proposed development plan as submitted
for approval and the reasons for the decision shall be set forth with
particularity in what respect the proposed development plan would
or would not be in the public interest, including, but not limited,
to each of the above criteria.
A.
Council shall render its decision on the tentative plan application,
in writing, within 60 days following the conclusion of the public
hearing provided in this article or within 180 days after the date
of the filing of an administratively complete application, whichever
occurs first. Failure to act within said period shall be deemed to
be a grant of tentative approval of the development plan as submitted;
B.
Council shall, by official written communication to the applicant
and/or landowner, either:
C.
If tentative approval is granted subject to conditions, the landowner
may, within 30 days after receiving a copy of the official written
communications by Council, notify Council of the refusal to accept
all conditions, in which case, Council shall be deemed to have denied
tentative approval of the development plan. In the event the applicant
and/or landowner does not, within the same period, notify Council
of refusal to accept all conditions, tentative approval of the development
plan, with all conditions, shall stand as granted;
D.
Council shall not act on a tentative plan application unless the
Municipality has received written review of the application by the
Allegheny County Department of Economic Development or its successor,
or at least until 30 days have passed since the date of referral to
the Allegheny County Department of Economic Development or its successor;
E.
The written decision granting or denying tentative plan approval
shall set forth with findings of fact and conclusions of law related
to the following:
(1)
The manner in which the development plan would or would not be in
the public interest;
(2)
The manner in which the development plan is or is not consistent
with the Comprehensive Plan;
(3)
The extent to which the development plan departs from the requirements
of this chapter and the Subdivision and Land Development Ordinance[1] otherwise applicable to the subject property including,
but not limited to, density, bulk and use, and the reasons why such
departures are not deemed to be in the public interest;
(4)
The purpose, location and amount of common open space in the proposed
development plan, the reliability of the proposal for maintenance
and conservation of common open space and the adequacy or inadequacy
of the amount and purpose of common open space as related to the proposed
density and type of residential development;
(5)
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, air, recreation and visual enjoyment;
(6)
The relationship, beneficial or adverse, of the proposed development
to the neighborhood in which it is proposed to be established; and
(7)
In the case of a tentative 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;
F.
In the event a development plan is granted tentative approval, with
or without conditions, Council may set forth in the written decision
the time within which an application for final approval of the development
plan shall be filed or, in the case of the development plan which
provides for development over a period of years, the period of time
within which applications for final approval of each phase thereof
shall be filed. Except upon the consent of the landowner, the time
so established between the grant of tentative approval and an application
for final approval shall not be less than three months and, in the
case of developments over a period of years, the time between the
applications for final approval of each part of a plan shall not be
less than 12 months;
G.
If Council approves the tentative plan application subject to certain
conditions, then the applicant and/or landowner shall not file a final
plan application until all such conditions are addressed and complied
with in a manner acceptable to the Municipality;
H.
Approval of a tentative plan application shall only constitute authorization
to proceed with preparation and filing of a final plan application
once all conditions of approval have been addressed and complied with
in a manner acceptable to the Municipality.
A.
The Municipal Manager shall certify the official written communication
and a certified copy shall be mailed to the applicant and/or landowner.
Where tentative approval has been granted, it shall be deemed an amendment
to the Municipal Zoning Map, effective upon final approval, and shall
be noted on the Zoning Map;
B.
Approval of a tentative plan shall not qualify a plat of a planned
residential development for recording nor authorize development or
the issuance of any building permits;
C.
In the event that a development plan is given tentative approval
and thereafter, prior to final approval, the applicant and/or landowner
elect to abandon the development plan by written notification to the
Municipality, or in the event the applicant and/or landowner fail
to file application(s) for final approval within the required time
period(s), the tentative plan 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 granted shall be subject to
the otherwise applicable Municipal ordinances.
A.
Prerequisite to filing final plan. An application for final plan
approval can be submitted, provided that:
B.
An application for final plan approval for a planned residential development shall be filed with the Zoning Officer, on forms as prescribed by the Municipality, at least 30 days prior to the date of the regular meeting of the Planning Commission. The final plan application shall not be considered complete and properly filed unless or until all items required in § 359-66 of this article, including the application fee and deposit, have been received by the filing date;
C.
The Zoning Officer shall review the application to determine whether
all materials required by § 612 and any other relevant Municipal
ordinance have been submitted by the applicant;
D.
The Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
The Municipal Director of Building and Engineering; the Municipal
Engineer; the Allegheny County Department of Economic Development
or its successor; and any other appropriate Municipal personnel, agencies
or professional consultants;
A.
The application for final plan approval shall be submitted to the
Zoning Officer, in the form prescribed from time to time by the Municipality,
with no fewer than:
B.
The application for final plan approval shall contain the following:
(2)
Accurately dimensioned locations of all proposed buildings, structures,
parking areas and common open spaces;
(3)
The number of families to be housed in each structure;
(4)
Rendering of proposed dwellings;
(5)
Landscaping plan, including the location of sidewalks;
(6)
The substance of covenants, grants of easements, rights-of-way or
other restrictions proposed to be imposed upon the use of land, common
open space, buildings and structures including proposed easements
for public utilities; and
(7)
Provisions for the maintenance, ownership and operation of common
open spaces and common recreation facilities.
(8)
All conditions of the tentative PRD approval.
A.
In the event that an administratively complete application for final
plan approval has been filed in accordance with this article and the
relevant tentative plan approval decision letter, Council shall render
its decision on the final plan application, in writing, within 45
days following the regular meeting of the Planning Commission next
following the date of an administratively complete application; provided
that should the next said Planning Commission meeting occur more than
30 days following the filing of an administratively complete application,
said forty-five-day period shall be measured from the 30th day following
the date of filing of the administratively complete application;
B.
If the final development plan as submitted contains variations from
the development plan granted tentative approval, Council may refuse
to grant final approval. Council shall forward written notice of such
refusal to the applicant and/or landowner within 45 days following
the regular meeting of the Planning Commission next following the
date of filing of an administratively complete application; provided
that should the next said Planning Commission meeting occur more than
30 days following the filing of an administratively complete application,
the forty-five-day period shall be measured from the 30th day following
the filing of the administratively complete application. This written
notice of refusal shall set forth the reasons why one or more of the
variations are not in the public interest. In the event of such refusal,
the applicant and/or landowner may either:
(1)
Resubmit the application for final plan without the objected variations;
or
(2)
File a written request with Council to hold a public hearing on the
application for final approval. This public hearing shall be held
within 30 days of the Municipality's receipt of the request and
the hearing shall be conducted in accordance with the procedures for
hearing on tentative plan applications. Within 30 days after the conclusion
of the public hearing, Council shall issue a written decision either
granting or denying final plan approval. The decision shall be in
the form required for tentative plan approval.
The approved final plan shall be recorded by the applicant and/or
landowner in accordance with the requirements in the Subdivision and
Land Development Ordinance.[1]
Final approval of a development plan shall be revoked if the
applicant and/or landowner provides Council with written notice of
the intention to abandon the plan, or if the applicant and/or landowner
fails to commence and carry out the planned residential development
in accordance with the time provisions referenced in Section 508 of
the MPC, 53 P.S. § 10508, and/or the final plan approval
decision. Upon the occurrence of such revocation, no further development
shall occur on the property that is the subject of the revoked development
plan unless a subsequent development plan is approved and such development
complies with this chapter and Subdivision and Land Development Ordinance.[1]
No development plan for a planned residential development shall
be finally approved unless all improvements required by this article
have been installed in strict conformance with this article and the
Subdivision and Land Development Ordinance,[1] or a guaranty that the improvements will subsequently
be installed by the applicant and/or landowner in the form of financial
security which complies with the requirements of the Subdivision and
Land Development Ordinance and is from a source and of a form acceptable
to the Municipal Solicitor. Such financial security shall provide
and secure to the public the completion of all improvements from the
development plan and/or relevant phase within a period of two years
from the date of final approval of the development plan and/or relevant
phase. The applicant and/or landowner shall otherwise comply with
the requirements of the Subdivision and Land Development Ordinance.
A Planned Residential Development (PRD) shall comply with the
following requirements:
A.
Permitted principal uses.
(1)
The principal uses permitted on a lot or parcel within a planned
residential development shall be strictly limited to the following:
(c)
R-3 Multifamily Residential District.
(d)
R-4 Multifamily Residential District.
[1]
Single-family home.
[2]
Two-family home.
[3]
Townhouse.
[4]
Garden apartment.
[5]
Apartment.
[6]
Recreational facility.
[7]
No-impact home-based business.
[8]
Private garage and parking areas.
[9]
Small retail, personal services, restaurant (takeout only),
fitness center, small offices, day-care center etc.
B.
Ownership.
(1)
The entire site for the proposed development plan shall be owned
and/or controlled by the landowner.
D.
Minimum site frontage.
(1)
The site of the proposed development shall have a minimum right-of-way
frontage of 200 feet.
E.
Minimum building separation.
(1)
The minimum distance between the nearest point of any exterior building
wall shall not be less than 20 feet. The requirements determining
the spacing of buildings shall be flexible so as to encourage imaginative
site design. The spaces between buildings shall guarantee adequate
light, air and emergency access.
G.
Minimum building setback.
(1)
No structure shall be located closer than 40 feet to any boundary
on the site. The setback shall be increased by an additional one foot
for every two feet of height that exceeds 35 feet in height.
H.
Density, yard and bulk requirements.
(1)
The overall density shall not exceed the average lot area per family
calculated exclusive of public or private streets and extensive slope
areas as specified in Table 359-20C(1) of 90% of the minimum lot area
per family;
(2)
The minimum lot area for each dwelling unit as specified in Table
359-71H(2):
|
Table 359-71H(2) - Density of Development Limits for PRDs
| ||||
|---|---|---|---|---|
|
R-1
|
R-2
|
R-3
|
R-4
| |
|
Single-family home
|
7,500 square feet
|
7,500 square feet
|
7,500 square feet
|
10,000 square feet
|
|
Two-family home
|
N/A
|
4,375 square feet
|
4,375 square feet
|
4,375 square feet
|
|
Townhouse
|
N/A
|
3,200 square feet
|
3,200 square feet
|
3,200 square feet
|
|
Garden apartment
|
N/A
|
2,400 square feet
|
2,400 square feet
|
2,400 square feet
|
|
Apartment
|
N/A
|
N/A
|
N/A
|
1,200 square feet
|
(3)
The maximum floor area ratio for residential uses as specified in
Table 359-71H(3):
|
Table 359-71H(3) - Maximum Floor Area Ratio for PRDs
| ||||
|---|---|---|---|---|
|
R-1
|
R-2
|
R-3
|
R-4
| |
|
Under four stories
|
0.30
|
0.33
|
0.40
|
0.50
|
|
Four stories
|
N/A
|
N/A
|
0.50
|
0.60
|
|
Five stories
|
N/A
|
N/A
|
0.60
|
0.70
|
|
Six stories
|
N/A
|
N/A
|
0.70
|
0.80
|
|
Seven stories
|
N/A
|
N/A
|
N/A
|
0.90
|
|
Eight stories
|
N/A
|
N/A
|
N/A
|
1.00
|
|
Nine stories
|
N/A
|
N/A
|
N/A
|
1.10
|
|
Ten or more stories
|
N/A
|
N/A
|
N/A
|
1.20
|
I.
Building groupings.
(1)
Structures used for dwelling units shall be oriented as to ensure
adequate light and air exposures for walls containing main window
exposures or main entrances. Each structure shall be arranged as to
avoid undue exposure to concentrated loading or parking facilities.
J.
Common open space.
(1)
Ownership requirements. Not less than 15% of the total site area
of a development plan shall be set aside for common open space. No
more than 50% of common open space shall be developed, considering
its location and probable usage. The common open space shall be dedicated
or otherwise preserved and maintained so as to always remain open
and available for use by the occupants of the development. Common
open space, including all improvements and facilities shall be:
(a)
Dedicated for public use to a public body which agrees to operate
and maintain the dedicated land and facilities, but no public body
is obliged by this chapter to accept such dedication;
(b)
Operated and maintained by an organization represented by the
property owners of the development. Such organization may not dissolve
nor dispose of the common open space unless maintenance of the common
open space is guaranteed to the Municipality's satisfaction;
and
(c)
Deeded to an organization representing the property owners of
the development, which organization shall covenant to operate and
maintain land and facilities. Such organization may not be dissolved
nor dispose of the common open space unless the maintenance of the
common open space is otherwise guaranteed to the Municipality's
satisfaction.
(d)
Common open space shall be located throughout the entire PRD
(not concentrated only in one centralized location in the PRD), so
that the open space is accessible to all residents of the PRD.
(2)
Connectivity.
(a)
In addition to connectivity through streets, a pedestrian-oriented
network that provides pedestrian connections (trials and sidewalks)
to all adjacent properties that have pedestrian connection potential,
parks, and/or other amenities within or near the PRD and connect trials
and sidewalks to existing adjacent trails and sidewalks to create
complete pedestrian circulations shall be required.
(3)
Maintenance requirements.
(a)
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 accordance
with the development plan, the Municipality may serve written notice
upon such organization or upon the property owners 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 day and place
of a hearing which shall be held within 14 days of the notice. At
such hearing, the Municipality 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;
(b)
If the deficiencies set forth in the original notice or in the
modification thereof shall not be corrected within 30 days of any
extension thereof, the Municipality, 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 the common open space and maintain the same for a period
of one year. The maintenance by the Municipality shall not constitute
a taking nor vest in the public any rights to use the same;
(c)
Before the expiration of the year, the Council shall hold a
public hearing upon notice where such organization or property owners
of the planned residential development shall show cause why maintenance
by the Municipality shall not, at the Municipality's option,
continue for a succeeding year. If the Council shall determine that
such organization is not ready and able to maintain the common open
space in a reasonable condition, then the Municipality, may, at 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;
(d)
The decision of the Council shall be subject to appeal in court
in the same manner and within the same time limitation as is provided
for zoning appeals in this chapter; and
(e)
The cost of such maintenance by the Municipality 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 Municipality at the time of
entering upon said common open space for the purpose of maintenance
shall file a lien with Allegheny County upon the properties affected.
L.
Public transportation.
(1)
Bus loading areas and bus shelters shall be provided within 1/4 mile
of each residential concentration.
N.
Streets.
(2)
Where a planned development abuts or contains an existing or proposed
major traffic street, the governing body may require marginal access
streets, rear service alleys, reverse frontage lots or such other
treatment as will provide protection for abutting properties, reduction
in the number of intersections with major streets, and separation
of local and through traffic.
(3)
Pedestrian safety and accessibility along and near streets in a PRD
are a priority. Street and traffic calming elements, including but
not limited to, speed humps, choker, bulb-out, median island, and
speed tables, shall be used to reduce vehicle speed and create a street
environment that is safe and friendly for pedestrians.
Prior to final plan approval of the planned residential development,
Council may approve deviations from the requirements of this article.
Requests for deviations from the requirements of this article shall
be subject to the application and approval procedures, requirements
and standards for waivers under the Subdivision and Land Development
Ordinance.[1]
To further the mutual interest of the residents of the planned
residential development and of the public in preservation of the integrity
of the development plan, as finally approved, and to insure that modifications,
if any, in the development plan, shall not impair the reasonable reliance
of residents upon the provisions of the development plan, nor result
in changes that would adversely affect the public interest, the enforcement
and modification of the provisions of the development plan as finally
approved, whether those are recorded by plat, covenant, easement or
otherwise shall be subject to the following provisions:
A.
The provisions of the development plan relating to the use, bulk
and location of buildings and structures, the quantity and location
of common open space, except as otherwise provided in this article,
and the intensity of use or the density of residential units shall
run in favor of the Municipality. As provided by law, these provisions
shall be enforceable by law or in equity by the Municipality without
limitation on any powers of regulation otherwise granted by the Municipality;
B.
All provisions of the development plan shall run in favor of the
residents of the planned residential development but only to the extent
expressly provided in the development plan and in accordance with
the terms and conditions of the development plan, and to the extent
the provisions, whether recorded by plat, covenant, easement or otherwise,
may be enforced by law or equity by said residents acting individually,
jointly or through an organization designated in the development plan
to act on their behalf; provided that no provisions of the development
plan shall be implied to exist in favor of residents of the planned
residential development except as to those portions of the development
plan which have been finally approved have been recorded;
C.
All those provisions of the development plan authorized to be enforced
by the Municipality under this section may be modified, removed, or
released by the Municipality, except grants or easements relating
to the service or equipment of a public utility, subject to the following
conditions:
(1)
No such modification, removal or release of the provisions of the
development plan by the Municipality shall affect the rights of the
residents of the planned residential development to maintain and enforce
those provisions, at law or equity, as provided by this article; and
(2)
No modification, removal or release of the provision of the development
plan by the Municipality shall be permitted except upon a finding
by the Council, following public hearing pursuant to public notice
called and held in accordance to this article and the MPC, that the
modification, removal or release of the provision is consistent with
the efficient development and preservation of the entire planned residential
development, does not adversely affect either the enjoyment of land
abutting upon or across the street from the planned residential development
or the public interest and is not granted solely to confer a special
benefit upon any person.
D.
Residents of the planned residential development may, to the extent
and in the manner expressly authorized by the provisions of the development
plan, modify, remove or release their rights to enforce the provisions
of the development plan but no such action shall affect the right
of the Municipality to enforce the provisions of the development in
accordance with provisions of this article.
