Darby City Zoning Code
ARTICLE VII
PRD Planned Residential Development Overlay District
§ 153-31 District purposes.
This district shall be a floating overlay zone applicable to tracts and sites that meet the eligibility requirements of § 153-33. The development proposal for a PRD shall meet the requirements of the regulating provisions of §§ 153-34 through 153-39 and the application submission requirements of §§ 153-40 and 153-41. The purposes of the PRD floating overlay zone are to:
A.
To encourage innovations in residential development 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.
B.
To provide greater opportunities for better housing for all who are or will be residents of the Borough, including a planned adult community that would serve residents 55 years of age and older.
C.
To encourage sensitive land development which will respect and conserve such natural features and resources as flood hazard and flood-prone areas, steep and very steep slopes, watercourses, terrestrial and aquatic wildlife habitats, historical and cultural sites, visual resources and other important natural and cultural resources.
D.
To encourage more efficient use of land and public services to reflect changes in the technology of land development so that the economies so secured may inure to the benefit of those who require housing.
§ 153-32 Administration.
The administration of the procedures concerning the application for and approval of planned residential developments (PRD) shall be vested solely in the Darby Borough Council. All applications for tentative and final approval of plans for such developments shall be first referred to the Delaware County Planning Commission and the Darby Borough Planning Commission for their review and comment.
§ 153-33 Conditions of eligibility.
No application for a PRD shall be considered or approved unless the following conditions are met:
A.
The proposed PRD shall contain a minimum of 25 acres.
B.
The proposed PRD shall have frontage along a major or minor arterial road as classified by PennDOT.
D.
The development shall be served by municipal public water and sewer systems.
E.
All utility lines serving the development shall be placed underground.
F.
The application is accompanied by a traffic impact study prepared by a licensed civil engineer with substantial traffic engineering experience, and which describes at least the following:
(1)
The proposed PRD's traffic generation and parking needs.
(2)
The impact of the PRD's traffic on existing traffic at proposed ingress and egress intersections with public roads.
(3)
Emergency vehicle access.
(4)
Proposed traffic safety improvements, on and off-site, including all traffic control devices.
G.
All ownership interests shall be disclosed on the tentative and final plans.
H.
If the owner or owners intend to develop said land over a delayed or phased time schedule, the schedule and accompanying plans must be approved by the Borough Council.
I.
Those portions of the tract in the one-hundred-year floodplain or located on steep or very steep slopes shall be clearly marked on the tentative and final plans.
§ 153-34 Uses permitted by right.
Land, buildings and premises, shall be used by right for only one or more of the following uses:
A.
Townhouses (single-family attached dwellings).
B.
Low-rise apartments.
C.
Assisted-living facility comprised of either low-rise apartments and/or single-family attached units (townhouses).
D.
Recreational and community facilities for residents and their guests.
E.
Administrative offices and operating facilities for management of the PRD.
§ 153-35 Accessory uses and structures.
A.
Common dining facilities, physical therapy facilities, auditorium, on-site personal service and convenience shops, administrative offices and other ancillary facilities deemed appropriate by Borough Council for an assisted-living facility.
§ 153-36 Density of land use.
§ 153-37 Dimensions for development.
The following dimensional requirements shall apply. All requirements are minimum unless specifically otherwise noted otherwise.
A.
Single-family attached dwelling (townhouses).
B.
Low-rise apartment.
C.
Assisted-living facility. An assisted-living facility may be in either the form of a low-rise apartment building and/or single-family attached (townhouse) units. An assisted-living facility shall meet the respective dimensional standards listed above for low-rise apartments and/or single-family attached (townhouse) units.
§ 153-38 Common open space.
In this section, the term "open space" shall be construed to mean "common open space" as defined in Article II, Terminology.
A.
General regulations.
(1)
Areas agreed by the developer and the Borough to be set aside for common open space shall be suitable for that purpose and consistent with Borough objectives for the future use of the area.
(2)
Open space areas shall contain no buildings other than those related to the purpose of the open space.
(3)
Open space areas shall be arranged and located to serve residents of the development adequately and conveniently, taking into consideration the characteristics of the site, and to preserve and enhance desirable natural features.
(4)
Any land designated as common open space shall be restricted to continue as such by an appropriate method approved by the Borough Council.
B.
Common open space standards.
(1)
A minimum of 35% of the total area of the PRD shall be designated and devoted to common open space.
(2)
Not less than 65% of the total common open space areas shall be outside the floodplain and areas having slopes of 25% or more.
(3)
The calculation of open space shall not include areas containing surface stormwater management facilities and infrastructure.
(4)
Open space areas shall be suitably landscaped by retaining existing natural cover and wooded areas and shall comply with a landscaping plan which is consistent with the purposes of this section and minimizes maintenance costs.
C.
Performance bond. The developer shall provide designated plantings and recreational facilities within the open space areas. A performance bond or other security shall be required to cover the costs of installation.
D.
Ownership and maintenance of common open space.
(1)
An essential element of the tentative plan is a written description and plan for the disposition of ownership of common open space land designating an organization and its specific form, for the ownership and maintenance of said open space. Such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise except to an organization conceived and established to own and maintain the common open space. Such agreements shall be subject to the approval of the Borough Council and contain provisions respecting the right to lien property by the Borough in event of default. In any case, the organization provided for the ownership of open space land shall be constituted of the property owners within the PRD.
(2)
The plan may provide that the property owners' association may lease the open space lands to a qualified person or corporation for their operation and maintenance, but such a lease agreement shall provide:
(a)
That the residents of the PRD shall at all times have access to the open space lands contained therein.
(b)
That the common open space to be leased shall be maintained for the purpose set forth in this chapter.
(c)
That the operation of open space facilities shall be for the benefit of the residents and their guests only.
(3)
The form of the lease shall be subject to the approval of the Council, and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements shall be recited in the deed and shall be recorded with the Recorder of Deeds of Delaware County within 30 days of their execution. A copy of the recorded lease shall be filed with the Secretary of the Borough.
(4)
The plan to provide for the ownership and maintenance of common open space shall include:
(a)
A complete description of the organization to be established for the ownership of open space and the methods by which this organization shall be established and maintained.
(b)
A method reasonably designed to give adequate notice to property owners within the PRD in the event of the sale or other disposition of common open space lands and in the event of assumption of the maintenance of common open space land by the Borough hereinafter provided.
(5)
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Council may proceed as provided in the Pennsylvania Municipalities Planning Code[1] to demand that deficiencies of maintenance be corrected or the Borough will enter upon and maintain common open space. Notice to the affected property owners in accordance with the provisions of the PRD plan shall be deemed to be adequate notice by the Borough. The cost of such maintenance by the Borough shall be assessed against properties within the PRD that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Borough, at the time of entering upon said common open space for the purpose maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the planned residential development.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 153-39 Design standards.
A.
General standards.
(1)
The physical design of the development shall make adequate provisions for public services and provide adequate control over vehicular traffic.
(2)
The development shall contain pedestrian connections between all attached homes and apartment units as well as to all parking lots and exterior sidewalks.
(3)
All residential units shall be equipped with a sprinkler system.
(4)
Impervious coverage computed over the entire tract shall not exceed 65%.
B.
Buildings.
(1)
All housing shall be designed with regard to topography and the natural features of the site. Variations in locations of buildings shall be provided where necessary to create architectural interest and/or preserve areas of environmental concern and to further amenities of light and air, recreation and visual enjoyment. All dwellings shall be based on a common architectural theme.
(2)
Good quality development is encouraged by taking into consideration the appearance of all elevations and layouts of buildings and external spaces and the materials used therein.
(3)
Single-family attached dwellings shall be arranged with variations in the setback of adjoining units and not in long rows parallel to the street lines. The arrangement of such units shall create a physical and visual distinction in the lines of the facades and the roofs. Such distinction can be achieved through the use of varied floor plans for adjoining units and variations in the projections and angles of exterior walls and roofs.
C.
Streets and sidewalks.
(1)
The street system of the planned residential development shall be designed to create a separation of automobile and pedestrian circulation through a hierarchy of roadway functions and design and pedestrian walkways. The street system shall relate harmoniously with land uses within and adjacent to the PRD and create efficient and safe connections with the existing road system of the Borough in order to ensure proper ingress and egress to and from the PRD.
(2)
In order to separate automobile and pedestrian circulation and to increase accessibility to common open space areas, pedestrian walkways shall be provided unless the Borough Council determines that they are not necessary.
(3)
The design and construction of streets and walkways must conform to the standards set forth in the currently adopted Delaware County Land Development and Subdivision Ordinance of 1981, or the latest version to be so adopted.
D.
Landscaping.
(1)
Landscaping shall be regarded as an essential feature of the planned residential development. In addition to the preservation of natural features, trees and slopes of the site, careful attention shall be given to the landscaping of parking areas and provisions of street trees as required by this article.
(2)
Existing trees shall be preserved wherever possible. The protection of trees 12 inches or more in caliper (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of common open space, structures, underground utilities, walks and paved areas. Areas in which trees are to be preserved shall remain at original grade level and in undisturbed condition.
(3)
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, extensive landscaping shall be undertaken in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas and enhance the privacy of dwelling units in accordance with §§ 153-117 and 153-118 relating to screening and landscaping, and the following provisions below:
(a)
Street trees shall be provided along all streets where there are no existing shade trees. No less than one three-and-one-half-inch to four-inch-caliper tree shall be planted for each 50 feet of roadway length, excluding service roads and roads through parking lots. However, can be grouped where appropriate in accordance with specific site needs and objectives.
(b)
The outer perimeter of all parking areas shall be screened and subject to the provisions of § 153-117. Effective screens may be accomplished through the use of plant materials, fencing or walls and/or mounding through the use of earthen berms.
(c)
All parking lots shall be landscaped. One two-inch to two-and-one-half-inch-caliper shade tree shall be planted for every five parking spaces, if there are no existing shade trees. Shrub, ground covers and other plant materials are encouraged to complement the trees.
(d)
Landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except that landscaped "islands" shall provided in accordance with § 159-93B(4).
(e)
Buildings shall be landscaped in accordance § 153-118 and the following:
[1]
A combination of evergreen and deciduous trees and shrubs shall be used as foundation plantings, i.e., plantings to be installed in proximity to building facades.
[2]
One four-inch to five-inch-caliper specimen deciduous tree shall be planted for every 25 feet of length of building facade measured from end to end of buildings, without regard to indentations and the like in building facades and excluding enclosed walkway connectors and elevator cores, such trees to be a minimum of 11 feet to 13 feet in height at the time of planting; and one eight-foot to ten-foot specimen evergreen tree shall be planted for every 50 feet of length of building facade, measured as set forth above.
[3]
Five evergreen and/or deciduous shrubs shall be planted for every 200 feet of length of building facade.
[4]
Additional landscaping shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially along property lines where planting will screen views and provide privacy.
[5]
The location, type, size, height and other characteristics of landscaping shall be subject to the review and approval of Borough Council.
E.
Stormwater management. The design and construction of all stormwater systems and drainage facilities shall be in accordance with Darby Borough Stormwater Management Ordinance adopted on March 2, 2005[1] and subject to the approval of the Borough Engineer.
F.
Soil erosion and sedimentation control. Plans submitted for the PRD District shall conform to the guidelines for minimizing erosion and sedimentation as set forth in Darby Borough Stormwater Management Ordinance and the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection, as amended.
G.
Utilities. All utilities shall be placed underground.
H.
Lighting.
(1)
All streets, parking areas and areas of pedestrian use shall be adequately lighted, meeting the standards established by the Illuminating Engineering Society of North America (IESNA). All such lighting shall be designed and located so as to direct light away from adjacent residences.
(2)
Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and signs.
(3)
The maximum height of lighting fixtures shall not exceed 20 feet.
§ 153-40 Tentative approval of PRD.
A.
An application for tentative approval of a planned residential development must be made to the Darby Borough Council. The application shall be filed with the Borough Secretary by or on behalf of the landowner on a form provided by the Borough. The filing of the application shall include payment of all application fees as set forth by resolution of the Darby Borough Council.
B.
The application for tentative approval shall contain the following information:
(1)
A legal description of the property under consideration, including a vicinity map showing the location of the site in relation to the surrounding area and the current zoning of the site, and a description of the nature of the landowner's interest in the planned residential development.
(2)
A fully dimensioned map of the land, including topographic information at a contour interval of not less than two feet.
(3)
A site plan showing the location of all existing and proposed principal and accessory buildings and structures, parking lots, buffer strips, plantings, streets and public ways and curb cuts.
(4)
Architectural sketches and renderings, at an appropriate scale, showing building height, bulk and interior layout and proposed use.
(5)
The location, function, size, ownership and manner of maintenance of the common open space.
(6)
Information showing the feasibility of proposals for the disposition of sanitary waste and stormwater.
(7)
The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.
(8)
The substance of covenants, grants of easement or other restrictions proposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
(9)
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. This schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.
C.
The Darby Borough Council shall refer the application to the Borough Planning Commission and the County Planning Agency for study and recommendation. The County and Borough Planning Agencies shall be required to report to the Darby Borough Council within 30 days or forfeit the right to review.
D.
The Darby Borough Council shall hold a public hearing within 60 days after the filing of the application for tentative approval in the manner prescribed in Article VI of the MPC[1] for the enactment of an amendment to a zoning ordinance. The Darby Borough Council may continue the hearing from time to time; 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.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
E.
Grant or denial.
(1)
After a study of the application and within 60 days following the conclusion of the public hearing, Darby Borough Council shall, by certified official written communication to the landowner, either:
(2)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In any 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 Darby Borough Council, notify the Darby Borough Council of his refusal to accept all said conditions, in which case, the Darby Borough Council shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the Darby Borough Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
(3)
The granting or denial of tentative approval by official written communication shall include conclusions and 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:
(a)
Those respects in which the development plan is or is not consistent with the latest adopted version of the Darby Borough community development objectives, as in this chapter.
(b)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property.
(c)
The purpose, location and amount of the common open space in the planned residential development, along with the reliability of the proposals for the maintenance and conservation of the common open space.
(d)
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.
(e)
In the case of a development plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the planned residential development.
(4)
In the event that a development plan is granted tentative approval with or without conditions, the Darby Borough Council may set forth in the official written communication the time within which the 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 shall be filed. Except upon 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 developments over a period of years, the time between applications for final approval of each of the plan shall not be less than 12 months.
(5)
The official written communication provided for in Subsection E(4) above shall be certified by the Borough Manager and shall be filed in his or her office, and a certified copy shall be mailed to the landowner.
(6)
Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize 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 action of the Borough pending an application or applications for final approval, without the consent of the landowner, provided that an application of applications for final approval is filed. Or in the case of development over a period of years, provided that applications are filed, within the periods of time specified in the official written communication granting tentative approval.
(7)
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 Darby Borough Council in writing or in the event the landowner shall fail to file an 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.
§ 153-41 Procedure for final approval.
A.
An application for final approval may for all the land included in the development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to Borough Council and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.
B.
The application for final approval shall consist of a plan or plans and accompanying documents which shall show and shall include the following information:
(1)
Development name or identifying title.
(2)
Municipality in which the development is located.
(3)
North point, scale and date.
(4)
Name of record owner and developer.
(5)
Name and seal of the registered professional engineer or surveyor responsible for the plan.
(6)
Boundaries of the tract determined by accurate survey in the field, which shall be balanced and closed with an error of closure not to exceed one foot in 10,000 feet.
(7)
Property lines (if any) within the development.
(8)
Lot areas (if any) to 1/1,000 of an acre.
(9)
Street lines, lot lines, rights-of-way, easements and areas dedicated to or proposed to be dedicated to public use; profiles for all streets and for proposed sanitary sewer mains, inlets and manholes.
(10)
The length of all straight lines, radii, lengths of curves and tangent bearings for each street.
(11)
All dimensions and angles or bearings of any lines of each lot (if applicable) and of each area proposed to be dedicated to public use.
(12)
The setback line for each building.
(13)
Names proposed to be given to all streets.
(14)
Location of all structures.
(15)
Number of lots (if applicable)
(16)
The number of dwelling units by type and, where applicable, the number, location and square footage of areas to be devoted to nonresidential use.
(17)
Architectural drawings and renderings to scale of all buildings.
(18)
A key map showing the relationship of the property being developed to surrounding properties, showing all streets, roads, municipal boundaries, subdivisions of adjoining properties within 1,000 feet of any part of the property. In the case of development of a section of the entire tract, the key map shall show the relationship of the section to the entire tract.
(19)
Total property area of the entire development tract and, in case of the development in sections, the size of the section for which plans are submitted.
(20)
All permanent monuments, streetlights and other lighting.
(21)
Finished contours at vertical intervals of five feet.
(22)
All existing watercourses, tree masses and other significant natural features and proposed plantings.
C.
The application for final approval shall also be accompanied by:
(1)
Copies of deed restriction and/or easements, if any.
(2)
Information concerning water supply and sewage disposal to the development, including copies of permits obtained under authority of statutes of the commonwealth.
(3)
An affidavit that the applicant is the owner of the land proposed to be developed.
(4)
A statement duly acknowledged before an officer authorized to take acknowledgements of deeds and signed by the owner or owners of the property to the effect that the development as shown on the application for final approval is made with his or their free consent and that it is desired to record the application and accompanying documents upon their approval.
(5)
Whenever a developer proposes to establish a new street, he/she shall submit a copy of a statement cosigned by the Borough Solicitor that shall stipulate that the street shall be in a good state of repair as certified by the Borough Engineer.
D.
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 article and the official written communications of tentative approval, the Darby Borough Council shall, within 45 days of such filing, grant such development plan final approval.
E.
In the event that the development plan as submitted contains variations from the plan given tentative approval, the Darby Borough Council may deny final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth the reasons why one or more of said variations are not in the public interest.
(1)
In the event of such refusal, the landowner may either:
(a)
Refile their application for final approval without objected variations; or
(b)
File a written request with the Darby Borough Council that it hold a public hearing on his application for final approval. Any such public hearing shall be held pursuant to public notice within 30 days after request for hearing has been made by the landowner, and the hearing shall be conducted in the manner prescribed in this article for public hearings on applications for tentative approvals. Within 30 days after the conclusion of the hearing, the Darby Borough Council shall by official written communication either grant final approval of the development plan or deny final approval. The grant or denial of final approval to 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.
(2)
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 was not in substantial compliance.
(3)
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.
F.
A development plan, or any part thereof, which has received final approval shall be certified without delay by the Darby Borough Council and shall be filed of record forthwith in the Delaware County office of the Recorder of Deeds before any development shall take place in accordance therewith. Pending completion, in accordance with the time provisions stated in Section 508 of the Pennsylvania Municipalities Planning Code, as amended by Act 1988-170,[1] of said 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 Section 513(a) and post financial security in accordance with Section 509 of the Pennsylvania Municipalities Planning Code, as amended by Act 188-170.[2]