A.
The purpose is to encourage innovations in the type, design and layout
of residential uses or a combination of residential uses and nonresidential
uses; promote more efficient use of sites and conservation of open
space; permit authorized mixed uses within planned residential developments;
and provide greater flexibility in the application of site development
and use regulations and to otherwise promote the community development
objectives.
B.
The Mixed Use District is established to:
(1)
Provide opportunity for developing a vibrant mix of residential
uses, commerce, civic activities and open space areas;
(2)
Encourage concepts of traditional neighborhood development to
support an outgrowth or extension of existing development which respects
the integrity of existing elements as well as the architectural character,
scale, street patterns and civic design features of the Borough;
(3)
Link new riverfront-oriented development to the Borough's Central
Business District and adjoining residential neighborhoods;
(4)
Reinforce the integrity of the Borough's hierarchy of thoroughfares;
(5)
Support the activities of public transit as well as minimize
infrastructure demands and infrastructure costs;
(6)
Promote pedestrian activity through well-designed and varied
streetscapes and open space areas;
(7)
Promote public health, safety and welfare through the provision
of adequate air, light and open space; and
A.
Authority. Council shall hear and decide requests for planned residential
development in accordance with the provisions of this chapter and
the procedures and regulations of this article.
B.
Application procedure, general. An application for development of a planned residential development is governed by and follows the procedure of Article VII of the Municipalities Planning Code. The landowner and/or developer shall submit all applications except written requests for preapplication conferences with the Planning Commission to the Borough Zoning Officer or designated staff person at least 10 working days prior to the Planning Commission meeting.
C.
Preapplication conference (optional).
(1)
Purpose. Before submission of an application for tentative approval,
the landowner and/or developer is strongly encouraged to have a meeting
with the Planning Commission, the Zoning Officer 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 landowner
and/or developer to obtain information and guidance from Borough personnel
before entering into any commitments or incurring substantial expenses
with regard to the site and the planned residential development site
plan preparation.
(2)
Scheduling. The request for a preapplication conference with
the Planning Commission and preapplication conference submission shall
be received and accepted by the Zoning Officer or designated staff
person at least seven days prior to the date of the Planning Commission
meeting.
(3)
Relationship to formal review process. The submission of a preapplication
conference submission shall not be deemed the beginning of the time
period for review as prescribed by law. The preapplication conferences
are intended to be advisory only and shall not bind the Borough to
approve the application for tentative or final approvals.
(4)
Preapplication conference submission guidelines (optional).
The written request for a preapplication conference with the Planning
Commission shall include the following:
(a)
Seven copies of a letter identifying the site, the name of the
owner and the nature of the proposed project.
(b)
Preapplication conference fee.
(c)
Seven copies of a sketch plan, recommended but optional, being
an approximate drawing but generally drawn to a scale of 100 feet
to the inch, having a sheet size of 24 inches by 36 inches and including
the following:
[1]
The location, size and topography (USGS) of the site and the
nature of the applicant's interest in the land proposed to be developed,
including the approximate tract boundary, North point and identification
of adjacent streets.
[2]
The intensity of land use to be allocated to various parts of
the site as well as the number of dwelling units contemplated.
[3]
The general layout of the proposed development and interrelationship
of uses, including but not limited to common open space, buildings
and other structures, residential building types, off-street parking,
lot and street configuration.
[4]
A written statement of a qualified professional concerning the
feasibility of proposals for sewerage, water supply and stormwater
management, but not to include drawings.
[5]
In the case of development plans which call for execution over
a period of years, a statement regarding the proposed phasing schedule
should be issued.
[6]
Any other information available to the applicant which may be
of benefit to the Borough in providing its assistance.
D.
Tentative approval.
(1)
Application content. An application for tentative approval of
a planned residential development shall include the following:
(a)
Seven copies of the application form, provided by the Borough
and completed by the landowner and/or developer.
(b)
Application fee for tentative approval of a planned residential
development.
(c)
Maps and information required by ArticleIX, preliminary applications
contents, which shall show compliance with Subdivision 4 of § 707
of the Municipalities Planning Code[1] and shall provide information to determine the location
and size of the common areas and common open space and the form of
organization proposed to own and maintain the common areas for any
planned residential development.
[1]
Editor's Note: See 53 P.S. § 10707(4).
(d)
Seven copies of an environmental impact assessment documenting
compliance with Subdivisions 4 and 5 of § 707 of the Municipalities
Planning Code.[2] Such assessment shall indicate reasons why the planned
residential development is consistent with the community development
objectives and is in the interest of the Borough. Requested modifications
to the Zoning Ordinance otherwise applicable to the site shall be
cited.
[2]
Editor's Note: See 53 P.S. § 10707(4) and (5).
(2)
Planning Commission review and comment. At the first regular
meeting of the Planning Commission after the submission of the application,
the Planning Commission shall hold an open meeting where the populace
shall be heard on the application for tentative approval, and within
30 days of the filing of the 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. In said recommendation, the Planning Commission shall
set forth, with particularity, the explicit reasons for its recommendation
that the proposal be either approved or denied.
(3)
Allegheny County Economic Development review and comment. At
least 30 days before the public hearing, the Zoning Officer or designated
staff person shall submit the application for tentative approval of
a planned residential development to the Allegheny County Economic
Development for review and comment as required by the Pennsylvania
Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
Public hearing. Council shall hold a public hearing on the application
for tentative approval in accordance with § 708 of the Municipalities
Planning Code.[4] Council shall cause notice of the public hearing to be
given as follows:
(b)
By mailing a notice to the landowner and/or developer, to the
Zoning Officer and to any person who has made timely request for the
same; and
(c)
By posting one notice in the vicinity of each front lot line
of the site for which the planned residential development is proposed
in a place conspicuously visible from the street. In addition, notices
shall be posted at the Municipal Building. All posting shall be done
at least 15 days prior to the public hearing.
[4]
Editor's Note: See 53 P.S. § 10708.
(5)
Modifications. Council shall consider whether proposed modifications
in any of the requirements of this chapter for each zoning district,
except the provisions of this section, 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 Council, 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, Council, in its sole discretion, may grant the modifications.
(a)
Authorized uses shall be limited to those specified for the
given zoning district in which the site is located.
(b)
Site density for the planned residential development shall not
exceed that site density permitted in the zoning district in which
the planned residential development is located.
(c)
All common open space shall be reserved as permanent open space.
(d)
Provisions for all planned residential developments shall be
in accordance with the laws of the Commonwealth of Pennsylvania for
planned residential developments.
(e)
No modification shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(f)
Under no circumstances shall a modification be granted to the
prohibitions of uses or activities which may endanger human life in
floodplain areas.
(g)
Whenever a modification is granted to construct a structure
below the one-hundred-year flood elevation, the Borough shall notify
the landowner and/or developer in writing that:
(7)
Official written communication. The official written communication
of findings shall be certified by the Borough Manager/Secretary or
Clerk of the Council and a certified copy shall be mailed to the landowner
and/or developer.
E.
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 Council grants an extension
upon written request of the landowner and/or developer to a date not
to exceed 18 months from the date of tentative approval. Phased planned
residential developments, however, shall have applications for final
approval made pursuant to the phase schedule set forth in the official
written communication of the findings of the Council with respect
to tentative approval.
(2)
Application content. An application for final approval of a
planned residential development shall include the following:
(a)
Seven copies of the application form, provided by the Borough
and completed by the landowner and/or developer.
(b)
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 Article X, Plan Review, final application content.
(d)
Seven copies of the final drawings, including floor plans and
elevations (but not including working drawings for buildings) for
all structures and buildings, other than single-family detached dwellings,
prepared by a registered architect, including all proposed signs,
all exterior illumination and all outside storage areas.
(e)
The final plat for the planned residential development shall contain, in addition to those items approved in the application for tentative approval and the items in Article X, Plan Review, final application content, the following information and, if applicable, proposed uses, common open space and common areas, if applicable, common elements as defined in the Uniform Condominium Act of the Commonwealth of Pennsylvania.
(f)
Seven copies of a development schedule showing:
[1]
The order of construction of the proposed sections delineated
in the final development plan.
[2]
The proposed date for the beginning of construction on said
sections.
[3]
The proposed date for the completion of construction on said
sections.
[4]
The proposed schedule for the construction and improvement of
the common areas.
(g)
Two copies of deed restriction proposals to preserve the character
of the common areas.
[1]
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.
[2]
If the landowner and/or 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 landowner and/or developer shall guarantee
the installation of the private and public improvements specified
in the final development plan by providing a financial security in
the amount of 110% of the estimated cost of construction of the private
and public improvements as determined in accordance with § 509
of the Municipalities Planning Code.[7]
[7]
Editor's Note: See 53 P.S. § 10509 et seq.
(j)
Two copies of a title insurance policy or an attorney's certificate
of title showing the status of the title to the site encompassed by
the final development plan and all liens, encumbrances and defects,
if any, in a form acceptable to the Borough Solicitor.
(k)
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.
(l)
Two copies of evidence that a commitment from a responsible
financial institution or entity has been issued to the landowner and/or
developer for construction financing.
(3)
Planning Commission review and recommendation. The Planning Commission shall, at its next regular meeting after the filing of the application for final approval, examine the application and determine if the application meets the criteria and includes the items required by Subsection E(2) above and if the application for final approval complies with the conditions of tentative approval, if any. The Planning Commission shall forward its written report to Council within 20 days of the filing of the application for final approval, setting forth its findings and recommendations.
(4)
Action on application for final approval. Action on the application
for final approval shall be in accordance with § 711 of
the Pennsylvania Municipalities Planning Code.[8] Applicable notices of approved application shall also
be conducted in accordance with § 711 of the Pennsylvania
Municipalities Planning Code.
[8]
Editor's Note: See 53 P.S. § 10711.
(5)
Recording of final development plan. Recording of the final
development plan shall be in accordance with § 711(d) of
the Pennsylvania Municipalities Planning Code.
(6)
Time for recording. Within 90 days after the date of the approval
of the final plan or 90 days after the date of delivery of an approved
plat signed by Borough Council, the landowner and/or developer shall
record or cause to be recorded the original copy of the final plan
in the office of the Recorder of Deeds of the county and file with
the Borough a recorder's certificate that the final plan has been
recorded with the plan book and page number indicated. Final approval
shall not become final and effective until such certificate has been
filed. Upon written request by the landowner and/or developer, Council
may grant an extension of time for recording, which extension shall
be reflected on the final plan.
(7)
Zoning permit. No zoning permit shall be issued until the final
development plan has been approved and recorded. Upon proof of recording
and certification of final approval by Council, a zoning permit shall
be issued by the Zoning Officer.
F.
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 Council 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.
G.
Completion and acceptance of public improvements.
(1)
Upon completion of the public improvements in a final development
plan, the landowner and/or developer shall notify the Borough, in
writing, by certified or registered mail, of the completion of the
required improvements and shall send a copy thereof to the Borough
Engineer. The Borough Manager/Secretary or designated representative
shall, within 10 days after receipt of such notice, direct and authorize
the Borough Engineer to inspect all of the required improvements.
The Borough Engineer shall thereupon file a report in writing with
the Borough Manager/Secretary and shall promptly mail a copy of the
same to the landowner and/or developer by certified or registered
mail. The report shall be made and mailed within 30 days after receipt
by the Borough Engineer of the aforesaid authorization from the Borough
Manager/Secretary. Said report shall be detailed and shall indicate
approval or rejection of the required improvements, either in whole
or in part. If the Borough Engineer rejects any of the required improvements,
said report shall contain a statement of reasons for such nonapproval
or rejection.
(2)
Borough's notification to landowner and/or developer. The Borough
Manager/Secretary shall notify the landowner and/or developer, within
15 days of receipt of the Borough Engineer's report, in writing, by
certified or registered mail, of the action of the Borough with relation
thereto.
(3)
Failure of the Borough to comply. If the Borough Manager/Secretary
or the Borough Engineer fails to comply with the time limitation provisions
contained herein, all required improvements will be deemed to have
been approved and the landowner and/or developer shall be released
from all liability, pursuant to its performance security.
(4)
Completion of rejected required improvements. If any portion
of the required improvements shall not be approved or shall be rejected
by the Borough, the landowner and/or developer shall proceed to complete
the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
(5)
No limitation of landowner's and/or developer's rights. Nothing
herein, however, shall be construed to be a limitation of the landowner's
and/or developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Borough Manager/Secretary or
the Borough Engineer.
(6)
Landowner and/or developer shall reimburse Borough for the reasonable
and necessary expense incurred for the inspection of the required
improvements. Such reimbursement shall be based upon the schedule
set forth in an ordinance adopted by Council. Inspection expenses
are subject to appeal in accordance with § 510(g) of the
Pennsylvania Municipalities Planning Code.[9]
[9]
Editor's Note: See 53 P.S. § 10510(g).
(7)
Partial release of performance security. As the work of installing
the required improvements proceeds, the landowner and/or developer
may request the Borough to release or authorize the release of such
portions of the performance security fairly representing the amount
of the work completed. The same procedure shall be followed for a
partial release of performance security as for a final release of
performance security except that correspondence may be by regular
mail and the Borough must act upon the request within 20 Borough working
days of the receipt of the request. The Borough may, prior to final
release at the time of completion and certification by the Borough
Engineer, require retention of 10% of the estimated cost of the required
improvements.
(8)
When required improvements are public improvements, the Borough
may require retention of 15% of the estimated cost of the public improvements
until the required maintenance security is presented to the Borough.
H.
Acceptance of public improvements. Upon completion of the inspection
and approval of the public improvements, the landowner and/or developer
shall request the Borough, in writing, to accept the dedication of
the public improvements. If the public improvements request is received
by the Borough more than 10 days before the next regular meeting of
Council and upon posting of a maintenance security for a term not
to exceed 18 months from the date of acceptance of dedication, Council
shall enact an ordinance accepting the public improvements as part
of the Borough's public facilities. The amount of the maintenance
security aforesaid shall be 15% of the actual cost of the installation
of such public improvements.
I.
Remedies to effect completion.
(1)
In the event that improvements which may be required have not
been installed in accordance with the approved final plan, by the
completion dated established at the time of such approval or, if no
such completion date has been established, within 24 months of the
final plan approval, the Borough Manager shall take the remedies provided
under the Pennsylvania Municipalities Planning Code to effect completion
of the required improvements.
(2)
If proceeds of the performance security are insufficient to
pay the cost of installing or making repairs or corrections to all
the required improvements covered by the security, the Borough may,
at its option, install part of the improvements in all or part of
the planned residential development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements. All of the proceeds, whether resulting
from the performance security or from any legal or equitable action
brought against the landowner and/or developer, or both, shall be
used solely for the installation of the improvements covered by the
performance security and not for any other municipal purpose.
A.
Uses permitted. Uses permitted in planned residential developments are limited to those specified for the given zoning district in Article III.
B.
Applicability of other provisions. Unless otherwise specifically
stated or specifically modified by the Council, all provisions of
this chapter apply to all planned residential developments. The provisions
of this section apply to all planned residential developments unless
otherwise stated.
C.
Limited neighborhood commercial use regulations.
(1)
Minimum planned residential development site area. No limited
neighborhood commercial uses shall be permitted in a planned residential
development with a net site area less than 50 acres in size.
(2)
Location. Limited neighborhood commercial uses shall be grouped
together adjacent to an arterial or collector street located within
the planned residential development and be provided with shared off-street
parking, signage and landscaping in accordance with provisions provided
herein.
(5)
Maximum impervious surface.
(a)
On any portion of the planned residential development dedicated
to limited neighborhood commercial uses, no combination of structures
and impervious surfaces, including asphalt or concrete paved areas
for parking, access, driveways, pedestrian access walkways and rock-lined
stormwater detention facilities, shall exceed 50% of the site area
dedicated to limited neighborhood commercial uses.
D.
Minimum site perimeter yard: 50 feet.
E.
Common open space. Common open space shall be provided for and shall
be designed to provide recreation open space. For planned residential
developments, the following additional provisions shall apply:
(1)
Elements. Common open space shall include the following:
(a)
Usable common open space. Usable common open space shall be
designed to provide recreation open space.
(b)
Passive common open space. Not less than 15% of the site area
of the planned residential development shall be allocated to and shall
remain passive common open space in perpetuity. Common open space
shall be deed restricted or placed within a trust or conservancy,
to prohibit future subdivision or development, except for passive
recreational, equestrian and existing cemetery uses which may be permitted
with the approval of Council. Common open space shall be used for
social, passive recreational and/or natural environment preservation
purposes. The common open space shall typically include all or part
of the following resources:
(2)
General locational and design standards.
(a)
Planned residential developments shall be designed around the
common open space with areas being placed in undivided preserve. Such
areas shall be directly accessible to the largest practicable number
of lots within the development. Safe and convenient pedestrian access
to the open space shall be provided for all lots not adjoining the
open space areas.
(b)
A perimeter buffer yard of a minimum of 50 feet in width shall
be provided.
(c)
Common open space, particularly perimeter buffer yards, containing
existing attractive or unique natural features, such as streams, creeks,
ponds, woodlands, specimen trees and other areas of mature vegetation
worthy of preservation may be left unimproved and in a natural state.
As a general principle, the preservation of undeveloped open space
in its natural state is encouraged. A landowner and/or developer may
make certain improvements, such as the cutting of trails for walking
or jogging and the provision of picnic areas.
(d)
No roads, emergency access roads, driveways or existing utility
rights-of-way, easements or improvements shall be within the acreage
designated for the minimum common open space as required above, except
as required as part of the approved common open space.
(e)
The common open space shall generally abut existing or potential
open space land on adjacent parcels and shall be designed as part
of larger contiguous and integrated greenway systems.
