Borough of Wilkinsburg, PA Article VIII Planned Residential Development

§ 260-801 Purpose.

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.

§ 260-802 Procedure for approval.

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]

[1] Editor's Note: See Ch. 229, Subdivision and Land Development.

[2] Editor's Note: See Ch. 128, Uniform Construction Code.

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:

(1) Application procedures.

(2) Review and approval process.

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.

§ 260-803 Standards for planned residential developments (PRDs).

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.

J. Streets. Street design and construction shall comply with the street design and construction specifications of the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 229, Subdivision and Land Development.

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.

Q. Signs. See Article VII.

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:

[1] Such land is accessible to the residents of the Borough;

[2] There is no cost of acquisition (other than any costs incidental to the transfer of ownership, such as title insurance); and

[3] The Borough agrees to and has access to maintain such lands.

(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:

[1] Such land is accessible to the residents of the Borough;

[2] There is no cost of acquisition (other than any costs incidental to the transfer of ownership, such as title insurance); and

[3] A maintenance agreement acceptable to the Borough is reached.

(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.