Greensburg City Zoning Code
ARTICLE XXII
Planned Residential Development
§ 265-168 Standards and conditions adopted.
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.
§ 265-169 Applicability of standards and conditions.
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.
§ 265-170 Legislative authority.
§ 265-171 Violations and penalties.
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.
§ 265-172 Purpose.
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.
§ 265-173 Use regulations.
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.
§ 265-174 Area bulk regulations.
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.
§ 265-175 Density.
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.
§ 265-176 Perimeter requirements.
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.
§ 265-177 Common open space.
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.
§ 265-178 Procedure for establishing a planned residential development.
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]
§ 265-179 Post final plan conditions.
[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.
§ 265-180 Additional applicable ordinances and laws.
§ 265-181 Appeals.
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.