The provisions contained in previous article
of this chapter do not allow for a unified development of a large
parcel or tract of land; therefore, the provisions of this article
are established to:
A.
Permit a flexibility that will encourage innovations
in residential and nonresidential development;
B.
Permit a greater variety in type, design and layout
of dwellings and other buildings and structures, and the conservation
and more efficient use of open space ancillary to said dwellings and
structures;
C.
Encourage a more efficient use of land and of public
services and to reflect changes in the technology of land development;
and
D.
To provide a procedure which can relate the type,
design and layout of residential and nonresidential development to
the particular site and the particular demand for housing existing
at the time of development in a manner consistent with the preservation
of the property values within existing residential and nonresidential
areas.
E.
No land in the SU Special Use District which is also included in the CO Conservation Overlay District shall be developed for any use not authorized as per the provisions of § 130-27. In addition, the provisions of § 130-27, Subsection E, shall dictate the methods and standards for development in such cases.
The Edgeworth Borough Council is designated
as the body to administer the provisions of this article and, pursuant
to such provisions, may approve, modify or disapprove any planned
residential development within the Borough.
A.
Uses permitted in a planned residential development
may include:
(2)
Municipal and public utility service buildings, structures
and facilities to serve the planned development;
(3)
Community assembly halls, recreation centers and membership
clubhouses related to the planned residential development;
(4)
Swimming pools and recreation areas serving the planned
residential development only;
(5)
Private or group garages and parking areas;
(6)
Those nonresidential uses deemed to be appropriate
for incorporation in the design of the planned residential development,
but not to exceed 10% of the gross acreage or site area;
(7)
Signs related to all development as per the provisions
of Part XI.
B.
Mix of dwelling types. All planned residential developments
shall include at least two dwelling unit types where multifamily residential
buildings are proposed. Percentages of each dwelling unit type shall
be based on the area of land proposed for development as follows:
C.
Density. The maximum density of any planned residential
development shall be as follows:
A.
Minimum site size: 15 acres.
B.
Maximum building coverage of site: 20%.
C.
Minimum distances between multifamily residential
buildings on the site:
(1)
End walls face each other but contain no apartment
windows: 20 feet.
(2)
End walls face each other and contain apartment windows:
35 feet.
(3)
End wall of one building faces principal facade (front
or rear) of neighboring building: 45 feet.
(4)
Principal facades (front or rear) of neighboring buildings
face each other: 60 feet.
(5)
Connected groups of abutting buildings shall not exceed
in total length 300 feet.
(6)
Distances shall be construed as the shortest dimension
between any parts, including projecting balconies, of adjacent buildings.
D.
Minimum setback from property line: a thirty-foot
setback shall be maintained along the perimeter of all property lines.
E.
Maximum height of buildings: measured between the
average finish grade elevation and the top of the parapet on a flat
roof building of halfway between eave and ridge on a sloped roof building
35 feet or three stories, whichever is less.
F.
Any lots available for sale and development for a
single-family detached dwelling unit within a planned residential
development may be reduced by 50% of the required minimum lot area
where a commensurate amount of open space is provided on a per unit
basis.
G.
Minimum dimensional standards for individual lots
and minimum setbacks shall be optional in planned residential developments.
An area or areas developed for active recreation
and passive open space use totaling 20% of the total acreage shall
be provided with access to the residentially developed areas. Recreational
areas shall be on land that does not slope at any point more than
5% and shall be provided with appropriate play equipment, benches
and landscaping by the developer, or in the alternative, passive open
space shall be provided by the developer. The developer may provide
a swimming pool and other recreational facilities to be operated by
him or by an association of residents of the planned residential development.
A.
All improvements shall be installed, at no expense
to the Borough or county, in accordance with the standards of the
Borough and this article.
B.
Roads, parking areas and sidewalks shall be maintained
in a serviceable condition by the developer or his successors.
C.
All areas of the site not occupied by buildings or
pavement shall be either planted in natural materials or left in the
state existing prior to development.
D.
All structures in any planned residential development
shall be connected to public or community sewage disposal and water
supply systems.
E.
Each dwelling unit shall be provided with two off-street
parking spaces on the building lot, and one space for each eight multifamily
dwelling units for visitor parking, within 200 feet of the dwelling
units thus served.
F.
All electric, telephone lines, television cable, etc.,
within a planned residential development shall be placed underground.
A.
An application for tentative approval of the development
plan for a planned residential development shall be filed by or on
behalf of the landowner or, if several adjacent parcels are included
in the plan, by the several landowners. The application shall be submitted
to the Edgeworth Borough Planning Commission no later than 20 days
prior to the regular monthly meeting of the commission at which the
development plan is to be considered, including the payment of an
administrative fee as determined by Borough Council.
B.
All planning, zoning and subdivision matters relating
to the platting, use and development of the planned residential development
and subsequent modifications of the regulations relating thereto,
to the extent such modification is vested in the Borough, shall be
determined and established by the Borough Council.
C.
The following information shall be provided with the
application for tentative approval:
(1)
The location, size and topography of the site and
the nature of the landowner's interest in the land proposed to be
developed;
(2)
The density of land use to be allocated to parts of
the site to be developed;
(3)
The location and size of the common open space and
the form of organization proposed to own and maintain the common open
space;
(4)
The use and the approximate height, bulk and location
of buildings and other structures;
(5)
The feasibility of proposals for water supply and
the disposition of sanitary waste and stormwater;
(6)
The substance of covenants, grants of easements or
other restrictions proposed to be imposed upon the use of the land,
buildings and structures including proposed easements or grants for
public utilities;
(7)
The provisions for parking of vehicles and the location
and width of proposed streets and public ways;
(8)
The required modifications in the municipal land use
regulations otherwise applicable to the subject property;
(9)
The feasibility of proposals for energy conservation
and the effective utilization of renewable energy sources;
(10)
In the case of development plans which call
for development over a period of years, a schedule showing the proposed
times within which applications for final approval of all sections
of the planned residential development are intended to be filed and
this schedule must be updated annually, on the anniversary of its
approval, until the development is completed and accepted;
(11)
An environmental impact analysis for review
by the Allegheny County Conservation District; and
(12)
Water supply. If water is to be provided by
means other than by private wells owned and maintained by the individual
owners of lots within the planned residential development, applicants
shall present evidence to the Borough Council that the planned residential
development is to be supplied by a certified public utility, a bona
fide cooperative association of lot owners or by a municipal corporation,
authority or utility. A copy of a Certificate of Public Convenience
from the Pennsylvania Public Utility Commission or an application
for such certificate, a cooperative agreement, or a commitment or
agreement to serve the area in question, whichever is appropriate,
shall be acceptable evidence.
D.
The application for tentative approval of a planned
residential development shall include a written statement by the landowner
setting forth the reasons why, in his opinion, a planned residential
development would be in the public interest and would be consistent
with the comprehensive plan for the development of the Borough.
E.
The application for an tentative and final approval of a development plan for a planned residential development prescribed in this chapter shall be in lieu of all other procedures or approvals, otherwise required pursuant to Articles V and VI of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
A.
Within 60 days after the filing of an application
for tentative approval of a planned residential development pursuant
to this chapter, a public hearing pursuant to public notice on said
application shall be held by the Borough Council.
B.
Public notice shall be given and written notice shall
be given to the applicant, the Zoning and Codes Officer and to any
person who has made timely request for the same. Written notices shall
be given at such time and in such manner as shall be prescribed by
rules of the Borough Council. In addition to the written notice provided
herein, written notice of said hearing shall be conspicuously posted
on the affected tract of land at least one week prior to the hearing.
C.
The parties to the hearing shall be the Borough, any
person affected by the application who has made timely appearance
of record before the Planning Commission, and any other person, including
civic or community organizations permitted to appear by the Borough
Council. The Borough Council shall have power to require that all
persons who wish to be considered parties enter appearances in writing
on forms provided for that purpose.
D.
The Present, or Vice President in the absence of the
President, of the Borough Council shall have power to administer oaths
and issue subpoenas to compel the attendance of witnesses and the
production of relevant documents and papers, including witnesses and
documents requested by the parties.
E.
The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
F.
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
G.
The Borough Council shall keep a stenographic record
of the proceedings. The appearance fee for a stenographer shall be
shared equally by the applicant and the Borough Council. The cost
of the original transcript shall be paid by the Borough Council if
the transcript is ordered by the Borough Council or shall be paid
by the person appealing from the decision of the Borough Council if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
H.
The Borough Council shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice for all parties to participate,
shall not take notice of any communication, reports, staff memoranda,
or other materials, except advice from their solicitor, unless the
parties are afforded an opportunity to contest the material so noticed
and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
I.
The Borough Council may continue the hearing from
time to time, provided that in any event, the public hearing or hearings
shall be concluded within 60 days after the date of the first public
hearing.
A.
The Borough Council, within 60 days following the
conclusion of the public hearing, or within 180 days after the date
of filing of the application, whichever occurs first, shall, by official
written communication to the landowner, either:
B.
Failure to so act within said sixty-day period shall
be deemed to be a grant of tentative approval of the development plan
as submitted. In the event, however, that tentative approval is granted
subject to conditions, the landowner may, within 30 days after receiving
a copy of the official written communication of the Borough Council,
notify such Borough Council of his refusal to accept all said conditions,
in which case, the Borough Council shall be deemed to have denied
tentative approval of the development plan. In the event the landowner
does not, within said period, notify the Borough Council of his refusal
to accept all said conditions, tentative approval of the development
plan, with all said conditions, shall stand as granted.
C.
The grant or denial of tentative approval by official
written communication shall include not only conclusions but also
findings of fact related to the specific proposal and shall set forth
the reasons for the grant, with or without conditions, or for the
denial, and said communication shall set forth with particularity
in what respects the development plan would or would not be in the
public interest, including but not limited to findings of fact and
conclusions on the following:
(1)
In those respects in which the development plan is
or is not consistent with the comprehensive plan for the development
of the Borough;
(2)
The extent to which the development plan departs from
zoning and subdivision regulations otherwise applicable to the subject
property, including but not limited to, density, bulk and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
(3)
The purpose, location and amount of the common open
space in the planned residential development, the reliability of the
proposals for maintenance and conservation of the common open space,
and the adequacy or inadequacy of the amount and purpose of the common
open space as related to the proposed density and type of residential
development;
(4)
The physical design of the development plan and the
manner in which said design does or does not make adequate provision
for public services, provide adequate control over vehicular traffic,
and further the amenities of light and air, recreation and visual
enjoyment;
(5)
The relationship, beneficial or adverse, of the proposed
planned residential development to the neighborhood in which it is
proposed to be established; and
(6)
In the case of a development plan which proposes development
over a period of years, the sufficiency of terms and conditions intended
to protect the interests of the public and of the residents of the
planned residential development in the integrity of the development
plan.
D.
In the event a development plan is granted tentative
approval, with or without conditions, the Borough Council may set
forth in the official written communication the time within which
application for final approval of the development plan shall be filed
or, in the case of a development plan which provides for development
over a period of years, the periods of time within which applications
for final approval of each part thereof shall be filed. Except upon
the consent of the landowner, the time so established between grant
of tentative approval and an application for final approval shall
not be less than three months and, in the case of development over
a period of years, the time between applications for final approval
of each part of a plan shall be not less than 12 months.
A.
The official written communication shall be certified
by the Borough Secretary and shall be filed in the Borough office,
and a certified copy shall be mailed to the landowner. Where tentative
approval has been granted, it shall be deemed an amendment to the
Zoning Map, effective upon final approval, and shall be noted on the
Zoning Map.
B.
Tentative approval of a development plan shall not
qualify a plat of the planned residential development for recording
nor authorize development or the issuance of any building permits.
A development plan which has been given tentative approval as submitted,
or which has been given tentative approval with conditions which have
been accepted by the landowner (and provided that the landowner has
not defaulted nor violated any of the conditions of the tentative
approval), shall not be modified or revoked nor otherwise impaired
by the action of the Borough pending an application or applications
for final approval, without the consent of the landowner, provided
an application or applications for final approval is filed or, in
the case of development over a period of years, provided applications
are filed, within the periods of time specified in the official written
communication granting tentative approval.
C.
In the event that a development plan is given tentative
approval and thereafter, but prior to final approval, the landowner
shall elect to abandon said development plan and shall so notify the
Borough Council in writing, or in the event the landowner shall fail
to file application or applications for final approval within the
required period of time or times, as the case may be, the tentative
approval shall be deemed to be revoked and all that portion of the
area included in the development plan for which final approval has
not been given shall be subject to those ordinances otherwise applicable
thereto as they may be amended from time to time, and the same shall
be noted on the Zoning Map and in the records of the Borough Secretary.
An application for final approval may be for
all the land included in a development plan or, to the extent designated
in the tentative approval, for a portion of the land.
A.
An application for final approval shall be submitted
to the Secretary of the Edgeworth Borough at least 20 days prior to
the regular Planning Commission meeting at which the application is
to be first considered.
B.
The application shall contain, for the area for which
final approval is sought, all requirements of the tentative plan including
all written reports necessary to obtain tentative approval and, in
addition:
(1)
Detailed construction documents, drawn and scaled
by a registered professional engineer for the building of all public
improvements including streets, sidewalks, parking areas, sanitary
sewer lines, water lines, storm drainage systems, erosion and sedimentation
control facilities and recreation areas;
(2)
Certification from either the Pennsylvania Department
of Environmental Protection or the Allegheny County Conservation District
stating that the erosion and sedimentation control plan has been approved
and that a land disturbance permit has been issued for an earth-moving
activity by the Department of Environmental Protection or by the Allegheny
County Conservation District;
(3)
A certified performance bond, improvement bond, or
other security acceptable, to the benefit of the Borough, the amount
of bond being equal to 110% of the estimated cost for installation
of all public improvements, such amount to be established by the engineer
designing the facilities subject to the Borough Engineer's review
and approval;
(4)
Any covenants and rights of easement, in the form
in which they will be filed as legal documents, affecting development
including the duties and responsibilities of the Homeowner's Association;
and
(5)
A written description indicating changes made in the
tentative plan required to secure tentative plan approval.
C.
In the event the application for final approval has
been filed, together with all drawings, specifications and other documents
in support thereof, and as required by the ordinance and the official
written communication of tentative approval, the municipality shall,
within 45 days from the date of the regular meeting of Borough Council
or the planning agency, whichever first reviews the application, next
following the date the application is filed, grant such development
plan final approval; provided, however, that should the next regular
meeting occur more than 30 days following the filing of the application,
the forty-five-day period shall be measured from the 30th day following
the day the application has been filed.
D.
In the event the development plan as submitted contains
variations from the development plan given tentative approval, Borough
Council may refuse to grant final approval and shall, within 45 days
from the date of the regular meeting of Borough Council or the planning
agency, whichever first reviews the application, next following the
date the application is filed, so advise the landowner in writing
of said refusal, setting forth in said notice the reasons why one
or more of said variations are not in the public interest; provided,
however, that should the next regular meeting occur more than 30 days
following the filing of the application, the forty-five-day period
shall be measured from the 30th day following the day the application
has been filed. In the event of such refusal, the landowner may either:
(1)
Refile his application for final approval without
the variations objected; or
(2)
File a written request with Borough Council that it
hold a public hearing on his application for final approval. If the
landowner wishes to take either such alternate action, he may do so
at any time within which he shall be entitled to apply for final approval,
or within 30 additional days if the time for applying for final approval
shall have already passed at the time when the landowner was advised
that the development plan was not in substantial compliance. In the
event 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 described in this
article for public hearings on applications for tentative approval.
Within 30 days after the conclusion of the hearing, Borough 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.
Failure of Borough Council or agency to render a decision on an application
for final approval and communicate it to the applicant within the
time and in the manner required by this section shall be deemed an
approval of the application for final approval, as presented, unless
the applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision,
in which case, failure to meet the extended time or change in manner
or presentation of communication shall have like effect.
(3)
The development plan shall be deemed to have been
abandoned.
E.
A development plan, or any part thereof, given final
approval shall be certified immediately by the Borough Council and
shall be filed or recorded in the Office of the Allegheny County Recorder
of Deeds before any development shall take place, after grant of final
approval, after which development of the site area for which final
approval has been granted may proceed. Each structure in the development
will require a separate building permit.
F.
Upon filing of the development plan with the Recorder
of Deeds, all zoning and subdivision regulations otherwise applicable
to the area recorded shall cease to apply to that area.
G.
If the landowner abandons his development plan after
final approval and so informs the Edgeworth Borough Council in writing,
or fails to carry out the development within the time period agreed
upon in the final approval, no further applications for final approval
shall be considered by the Planning Commission for subsequent portions
of the same site and no further development of such subsequent portions
of the site shall be permitted until that area is reclassified through
an amendment to the Borough Zoning Ordinance.
H.
When the sequence of development of a site approved
for a planned residential development takes place over a period of
years, the time between applications for final approval of each phase
of the plan shall be not more than 24 months.
A.
The landowner shall satisfy the Borough Council at
the time of application for final approval that all areas for which
the final approval is sought will be adequately maintained in perpetuity
so as not to cause a public nuisance.
B.
If the landowner provides for establishment of an
association of residents of the planned residential development to
own and maintain common open spaces on the site, he shall indicate
the organization of such association, including bylaws, and the legal
mechanism that will bind such association to perpetual maintenance
of the common open space.
C.
In the event that the organization established to
own and maintain common open space, or any successor organization,
shall fail to maintain the common open space in reasonable order and
condition, the Edgeworth Borough Council may serve written notice
upon organization or upon the residents of the planned residential
development setting forth the deficiencies in maintenance, demanding
that they be corrected within 30 days and stating the time and place
of a public hearing to be held, pursuant to public notice, to consider
the deficiencies, at which time the deficiencies noted may be modified
or the time period for correction extended.
D.
If the deficiencies are not corrected within 30 days,
Edgeworth Borough Council may enter the common open space containing
the deficiencies and maintain the area for a period of 12 months,
at the expiration of which the Borough Council shall call a second
public hearing, with notice to the organization and residents of the
planned residential development, at which the organization or the
residents shall show cause why Edgeworth Borough Council should cease
maintenance based on the ability of the organization or the residents
to again discharge such maintenance responsibility. Public hearings
shall be called thereafter or less frequently than once per year to
consider termination of Borough maintenance until such termination
occurs.
E.
The decision to continue or cease maintenance shall
lie with Edgeworth Borough Council.
F.
The period during which Borough Council shall maintain
common open space shall not constitute a taking of land nor entitle
the public to use of such common open space unless as provided in
the conditions establishing the common open space.
G.
The cost of maintenance of common open space by Borough
Council shall be assessed ratably against the properties within the
planned residential development that have rights to common open space
and shall become a lien on the properties, to be filed by Borough
Council with the Prothonotary of Allegheny County at time of entrance
into the common open space.
Any decision of the Borough Council in granting
or denying tentative or final approval of a planned residential development
plan shall be subject to appeal to court in the manner as provided
for in the Pennsylvania Municipalities Planning Code, Act 247, as
amended.
