[Added 7-12-1971 by Ord. No. 913]
The rules, regulations and procedures set forth
in the document entitled "Standards and Conditions for Establishing
Planned Residential Developments, Planned Unit Group Developments,"
submitted April 14, 1971, Greensburg Planning Commission, a copy of
which is hereto attached and additional copies of which are on file
in the office of the City Clerk, are hereby adopted as the standards
and conditions governing such developments in the city.
The Zoning Hearing Board of the City of Greensburg, the Planning Commission of the City of Greensburg and all other boards, agencies, commissions and officers of the City of Greensburg shall, in performance of their functions under the various ordinances of the City of Greensburg regulating land use and development, be subject to and shall apply the rules, regulations and procedures adopted in § 265-168 hereof.
This chapter is enacted pursuant to Article VII of the Pennsylvania Municipalities Planning Code, Act 247;[1] the provisions of which shall apply whether or not specifically
set forth herein.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
Any person, firm, corporation or corporate officer
violating any provision of any standard or condition adopted herein
shall be deemed to have violated the provisions of this chapter and
shall, upon conviction, be punished in the same manner as provided
in this chapter.
A.
The purpose of this article is:
(1)
To encourage innovations in residential development
and renewal so that the growing demand for housing may be met by greater
variety in type, design and layout of dwellings and by the conservation
and more efficient use of open space ancillary to said dwellings.
(2)
To encourage a more efficient use of land and
of public services.
(3)
To reflect changes in the technology of land
development so that economics secured inure to the benefit of those
who need homes.
(4)
To provide a procedure which relates the type,
design and layout of residential development to the particular site.
(5)
To encourage a pattern of development which
preserves trees and natural topography and prevents soil erosion.
(6)
To provide an environment of stable character
in harmony with surrounding development.
B.
This Article is designed to provide for small- and
large-scale development incorporating a single type or a 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. Common space for recreational purpose shall
be an essential and major element of the plan which is related to
and affects the long-term value of the homes and other development.
C.
The planned residential development may also provide
public facilities and commercial or industrial uses; parks, playgrounds,
recreational areas or reservation of area and reservation for educational
and governmental facilities wherever those are deemed necessary by
the City Council.
B.
The following additional uses may be permitted where
the City Council deems that it is appropriate to a larger neighborhood
of which the planned residential development is an integral part:
(1)
Neighborhood shopping center.
(2)
Convenience shops not exceeding 2,500 square
feet of total floor area intended for the exclusive use of occupants
of a planned residential development may be located within a multiple
dwelling or an administration or community building for the development.
Dwelling units may be located above shopping center or convenience
shops. Business signs or displays shall not be visible from the outside
of any such building. The following sales or services only are permitted
within the aforementioned neighborhood shopping center or convenience
shops; confections, delicatessens, drugs, dry goods, groceries, hardware,
jewelry, laundromats, personal services and professional offices,
dry cleaning and laundry pickup station.
(3)
Industrial uses may be permitted where the development
contains 1,000 or more dwelling units. Any area devoted to industrial
use shall not exceed 5% of the total land within the development.
Only the following uses shall be permitted: research and development,
dairy, bakery, assembly of electrical appliances, scientific and technical
equipment, including the manufacturing of small parts only, office
building and limited warehousing and storage. All storage of parts,
equipment, etc., shall be located entirely within the main or accessory
structures. Industrial uses shall be located adjacent to a main highway.
(4)
The Council may also permit such additional
uses as churches, public schools, golf courses and community clubs,
provided that they are designed to serve primarily the residents of
the planned residential development and are compatibly and harmoniously
incorporated into the unitary design of the planned residential development.
Such additional uses shall not, by reason of their location, construction,
manner or timing of operation, signs lighting, parking arrangements
or other characteristics, have adverse effects on residential uses
within or adjoining the district or create traffic congestion or hazards
to vehicular or pedestrian traffic.
A.
The distance between buildings in a planned residential
development shall not be less than that required for an R1 District;
however, the Council may permit reductions in these requirements if
it finds that, through the use of topography, siting on the lot or
through design, such building or buildings do not impinge upon the
privacy of adjacent existing or potential structures.
B.
The proposed location and arrangement of structures
shall not be detrimental to existing or prospective adjacent dwellings
or to the existing or prospective development of the neighborhood.
High-rise buildings shall be located within a planned residential
development in such a manner so as not to create any adverse impact
on adjoining low-rise buildings, such as obstructing the view, excluding
natural light, or invading the privacy of occupants of such low-rise
buildings.
A.
In this article, where the words "former R1 District"
or words of like import are used, the meaning shall refer to the zoning
classification of a parcel of land prior to its having been rezoned
PRD (planned residential districts) under the provision of this chapter.
B.
In order to encourage landowners to take advantage
of the PRD concept and to fulfill the intent of this chapter, the
Council may permit densities not exceeding those as follow within
former districts, provided that the development exhibits good project
design, provides maximum open space and encourages pedestrian movement
throughout.
|
District
|
PRD Density
(units per acre)
| |
|---|---|---|
|
R1
|
5
| |
|
R2
|
7
| |
|
C1
|
16
| |
|
C2
|
16
|
C.
The Council may decline or refuse to allow the maximum
density permitted within each zoning district if the development:
(1)
Creates inconvenient or unsafe access to the
planned development.
(2)
Creates traffic congestion in the streets which
adjoin the planned development.
(3)
Places an excessive burden on parks, recreational
areas, schools and other public facilities which serve or are proposed
to serve the planned residential development.
D.
The minimum recreational space and outdoor living
space shall be provided in accordance with Graph No. 1.[1]
[1]
Editor's Note: Graph No. 1 is included at the end of this chapter.
E.
The computation of overall density of a planned residential
development shall not include the area of lands intended for commercial
or industrial purpose or other public or nonresidential uses within
the planned residential district.
F.
The distribution of dwellings or other land uses shall
not be affected by former zoning district boundaries.
If topographical or other barriers do not provide
adequate privacy for existing uses adjacent to the planned development,
the Council shall impose either of the following requirements and
may impose both:
A.
PRD. Structures located within 200 feet of the perimeter
of a planned residential development must be set back by a distance
sufficient to protect the privacy and density of adjacent existing
uses.
B.
Such PRD structures located on the perimeter of the
planned residential development must be permanently screened if required
by the Council.
A.
The Council may not approve a planned residential
development unless it meets the following standards:
(1)
The location, shape, size and character of the
common open space shall be provided in a manner to meet the needs
of the planned development and shall be consistent with the general
guidelines as used by the Shade Tree Commission and the Parks and
Recreation Department.
[Amended 12-21-1994 by Ord. No. 1646; 10-14-2019 by Ord. No. 2097]
(2)
Common open space shall be used for amenity
or recreational purpose. The uses authorized for the common open space
must be appropriate to the scale and character of the planned development,
considering its size, density, expected population, topography and
the number and type of dwelling to be provided.
(3)
Common open space must be suitably improved
for its intended use, but common open space containing natural features,
existing trees and ground cover worthy of preservation may be left
unimproved. The buildings, structures and improvements which are permitted
in the common open space shall be appropriate to the uses which are
authorized for the common open space and shall conserve and enhance
the amenities of the common open space having regard to its topography
and unimproved condition.
(4)
The development schedule which is part of the
development plan must coordinate the improvement of the common open
space, the construction of buildings, structures and improvements
in the common open space and the construction or residential dwellings
in the planned development.
(5)
The use and improvement of the common open space
shall be planned in relation to any existing or proposed public or
semipublic open space which adjoins or which is within 1,500 feet
of the perimeter of the planned development.
B.
Final development plan.
(1)
All land shown on the final development plan
as common open space shall be conveyed in either of the following
ways, to be at the discretion of the Council:
(2)
In any event, the common open space, after being
approved on the final development plan, shall be used thereafter for
no other purpose than as specified on the final development plan.
An applicant wishing to receive approval of
a planned residential development within the City of Greensburg shall
submit plans in accordance with procedures provided for under this
section.
A.
Preapplication conference. Before submitting an application
for a planned residential development, an applicant, at his option,
may confer with the Planning Commission to obtain information and
guidance before entering into a binding commitment or incurring substantial
expense in the preparation of plans, surveys and other data.
B.
Application for tentative approval of a planned residential
development.
(1)
An applicant desiring to establish a planned
residential development shall provide the Planning Commission with
five copies of a Master Plan indicating the following:
(a)
A key map showing the location of the site.
(b)
The size and topography of the site.
(c)
A site plan showing the proposed general layout,
the location of the various types of land uses, the approximate location,
use, height and bulk of buildings, the proposed density of population
in each distinct residential area, the location and size of recreational
spaces, parks, schools and other facilities which are intended for
public use, the provisions for automobile parking and the size and
floor space of commercial or industrial uses.
(d)
A public utility plan for sanitary sewer and
water storm drainage.
(e)
A plan showing the width and location of proposed
streets and public ways, with construction specifications.
(2)
The applicant shall also submit five copies
of a written statement made up of the following information:
(a)
An explanation of the character of the planned
residential development and 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 substance of convenants, grants or easements
or other restrictions proposed to be imposed upon the use of the land,
building and structures, including proposed easements or grants for
public utilities.
(c)
A statement of the present ownership of all
the land included within the planned residential development and the
applicant's interest in the land proposed for development.
(d)
The form of organization proposed to own and
maintain the common open space and whether public or private ownership
is proposed.
(3)
The applicant shall submit a development schedule
indicating:
(a)
The approximate date when construction of the
project can be expected to begin.
(b)
The stages in which the project will be built
and the approximate date when construction of each stage can be expected
to begin.
(c)
The approximate dates when the development will
be completed.
(d)
The area and location of common open space that
will be provided at each stage.
(4)
Public hearings.
(a)
Within 60 days after the filing of the application for tentative approval of a planned residential development pursuant to this article, a public hearing pursuant to public notice on said application shall be held by the City Council as provided by 53 P.S. § 10901 et seq. The Mayor or, in his absence, the Acting Mayor may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses. Prior to the public hearing by the Council, the Planning Commission shall consider the application at either a private or a public meeting, without the requirement of public notice, and shall make its recommendation to the Council. In the event that the Planning Commission shall not have a complete recommendation prior to the public hearing of the Council, referred to herein, the Council may continue the hearing as provided in Subsection B(4)(c) of this section. It is the intention of this provision that preliminary consideration of the application be made by the Planning Commission prior to consideration by the City Council.
[Amended 12-21-1994 by Ord. No. 1646]
(b)
A verbatim record of the hearing shall be caused
to be made by the Council whenever such records are requested by any
party to the proceedings; but the cost of making and transcribing
such a record shall be shared by the Council and the applicant, and
the cost of the original transcript or copies thereof shall be borne
by the party requesting such. All exhibits accepted in evidence shall
be identified and duly preserved or, if not accepted in evidence,
shall be properly identified and the reason for the record.
[Amended 12-21-1994 by Ord. No. 1646]
(c)
The Council may continue the hearing from time
to time and may refer the matter back to the planning agency for a
report; 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.
(5)
Time for decision and status of plan after tentative
approval shall be as provided by 53 P.S. §§ 10709 and
10710.
[Amended 12-21-1994 by Ord. No. 1646]
(6)
Application for final approval.
(a)
An application for final approval may be for
all the land included in a development plan or, to the extent set
forth in the tentative approval, for a section thereof. Said application
shall be made to the City Engineer within the time or times specified
by the official written communication granting tentative approval.
Application for final approval shall be accompanied by:
[1]
Five copies of a final plan prepared or certified
by a registered engineer or surveyor showing the final location and
widths of all streets, the location of all buildings, parking areas,
pedestrian ways, utility easements and lot lines, the location and
size of all open space not devoted to parking lots, streets or driveways,
the proposed use of all lands and buildings and the metes and bounds
of all proposed dedicated areas and lots.
[2]
Restrictive convenants executed by all owners
of the premises within the section covered by the final plan which,
if approved, shall be recorded with the Recorder of Deeds of Westmoreland
County. The restrictive convenants shall be effective for a period
of 35 years, except reference to parks, recreation and other open
space areas shall provide that the same remain as such perpetually.
[3]
Any additional conditions set forth at the time
of tentative approval.
(b)
A public hearing on an application for final
approval of the development plan or part thereof shall not be required,
provided that the development plan or the part thereof submitted for
final approval is in compliance with the development plan theretofore
given tentative approval and with any specified conditions attached
thereto.
(c)
In the event that the application for final
approval has been filed, together with all drawings, specifications
and other documents in support thereof and as required by this chapter
and the official written communication of tentative approval, the
Council shall, within 45 days of such filing, grant such development
plan final approval.
[Amended 12-21-1994 by Ord. No. 1646]
(d)
In the event that the development plan as submitted
contains variations from the development plan given tentative approval,
the Council may refuse to grant final approval and shall, within 45
days from the filing of the application for final approval, so advise
the landowners, in writing, of said refusal, setting forth in said
notice the reason why one or more of said variations are not in the
public interest. In the event of such refusal, the landowner may either:
[Amended 12-21-1994 by Ord. No. 1646]
(e)
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 shall have already passed
at the time when the landowner was advised that the development plan
was not in substantial compliance. In the event that the landowner
shall fail to take either of these alternate actions within said 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 Council 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
the form and contain the findings required for an application for
tentative approval set forth in this article.
(f)
A development plan or any part thereof which
has been given final approval shall be so certified without delay
by the Council and shall be filed of record forthwith in the office
of the Recorder of Deeds of Westmoreland County, together with any
restrictive convenant and agreements or other provisions which govern
the use, maintenance and continued protection of the planned residential
development and its common open space, before any development shall
take place in accordance therewith. 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 in accordance with the time provisions
stated in 53 P.S. § 10711(d) of said planned residential
development or of that part thereof, as the case may be, that has
been finally approved, no modification of the provisions of said development
plan or part thereof, as finally approved, shall be made except with
the consent of the landowner. Upon approval of a final plat, the developer
shall record the plat in accordance with the provisions of 53 P.S.
§ 10513(a) and post financial security in accordance with
53 P.S. § 10509.
[Amended 12-21-1994 by Ord. No. 1646]
[Amended 12-21-1994 by Ord. No. 1646; 11-9-2020 by Ord. No. 2113]
A.
In the event that a development plan or a section thereof is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved and shall so notify the governing body, in writing, or in the event that the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in 53 P.S. § 10508 after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is reclassified by enactment of an amendment to the City Zoning Ordinance in the manner prescribed for such amendments in Article VI of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Changes in use, any rearrangement of lots, blocks and building tracts,
any change in the provision of common open spaces and all other changes
in the approved final development plan may only be made upon consent
of the landowner and by the City Council, after a public hearing,
under the procedures authorized for the amendment of the Zoning Map.
No amendments may be made in the approved final development plan unless
they are shown to be required by changes in conditions that have occurred
since the final development plan was approved or by changes in the
development policy of the City.
Any decision of the Council granting or denying
tentative or final approval of a development plan shall be subject
to appeal to court in the same manner and within the same time limitations
as provided for appeals under the City of Greensburg Zoning Ordinance.
