A preapplication conference.

A preliminary development plan.

Public hearings and approvals.

A final development plan.

Each applicant shall schedule a preapplication conference at a regular meeting of the Planning Commission to obtain information, exchange of ideas and feedback. It shall be the responsibility of the City Building Inspector to arrange the mandatory conference with the Planning Commission and other officials who should be participants. The conference shall include members or a designated committee of the Planning Commission and the City Engineer, and such other representatives as deemed appropriate to be included in the preapplication conference.

No formal requirement for plan or material submission is established for the preapplication conference; however, the more data the applicant presents in the form of sketch plans, land use concepts, density ranges proposed, ancillary use proposals, site information, existing perimeter conditions, access considerations and utility needs, the more guidance and help can be offered in preparing an acceptable plan for local approval.

The general intent of the proposal, evidenced schematically by sketch plans and other basic illustrative materials, are to be considered before submission of the planned residential development application. It is the intent of this chapter that subdivision review where applicable to a PRD and according to Chapter 260, Subdivision of Land, be carried out simultaneously with the review of a planned residential development under this section of this article.

This early review is to discourage developers from committing substantial resources to a PRD until the preapplication conference is completed, and to also expedite the formal review procedure and assist in completing the application.

The existing site conditions including contours at a minimum interval of two feet up to 10% slope and a minimum interval of five feet for over 10% slope, watercourses, floodplains, unique natural features, and forest cover and other natural vegetation considered significant by the Planning Commission and City Engineer.[1]

Proposed lot lines and plot designs.

The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units by code, density per type, and nonresidential structures, including commercial facilities. All structures shall be distinguished and identified on the plan by code. Preliminary evaluations and/or architectural renderings of typical structures and improvements shall be provided. Such drawings shall be sufficient to relay the basic architectural intent of the proposed improvements but should not be encumbered with final detail at this stage.

The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic uses.

The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. (Detailed engineering drawings of cross sections and street standards shall be handled in the final development plan stage.)

The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict.

The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas and telephone lines.

A general landscape plan indicating the treatment of materials used for private and common open spaces. (The landscape plan should be in general schematic form at this stage.)

Enough information on land areas adjacent to the proposed PRD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape.

The proposed treatment of the perimeter of the PRD, including materials and techniques used such as screens, fences and walls.

Any additional information as required by the Planning Commission necessary to evaluate the character and impact of the proposed PRD.

Grant tentative approval of the development plan as submitted;

Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

Deny tentative approval to the development plan.

In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the City;

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;

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;

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;

The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and

In the case of a development plan which proposes development over a period of years, the sufficiency of the 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.

Violate any provision of this article.

Vary the lot area requirement by more than 10% the amount specified on the approved preliminary development plan.

Involve a reduction of more than 10% of the area reserved for the common open space and/or usable open space as specified on the approved preliminary development plan.

Increase the floor area proposed for nonresidential use by more than 10% the area specified on the approved preliminary development plan.

Increase the total ground area covered by buildings by more than 5% of the amount specified on the approved preliminary development plan.

A change in the use or character of the development.

An increase in overall coverage of structures.

An increase in the intensity of use.

An increase in the problems of traffic circulation and public utilities.

A reduction in approved open space.

A reduction of off-street parking and loading space.

A reduction in required pavement widths.

Refile his application for final approval without the variations objected; or

File a written request with the Planning Commission that they hold a public hearing on this 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 has already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner fails to take either of these alternate actions within such 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 Planning Commission 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 compliance with the provisions of Act 247, § 709.[1]

The Planning Commission reserves the right to reduce density levels in any proposed planned residential development if it determines that:

Lot size. There shall be no minimum lot size, setbacks, percentage of lot coverage or lot width. However, every single-family dwelling shall have access to a public street, court, walk or other area dedicated to public use. No structure or group of structures shall be erected within 20 feet of any other structure or group of structures.

Setback. All structures on the perimeter of the development must be set back in accordance with the provisions of the zoning district controlling the area within which the development is situated.

Height. There shall be no maximum height requirements.

Length. There shall be no continuous structure of townhouses containing more than six dwelling units.

Location of structures. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.

A maximum of 80% for residential use; land devoted to residential use shall be deemed to include those streets, alleys, parking areas, private open spaces and courts which abut and service primarily residences or groups of residences.

A maximum of 8% for accessory retail, dining and service facilities and parking associated with these uses.

A minimum of 15% for open-air recreational uses, which may include steep slopes, and other usable open space, but this open space shall not include usable open space which is available for use by the general public or by persons who do not reside in the residences or groups of residences in proximity to it.

Usable open space shall not include space devoted to streets and parking. Usable open space shall be defined as an open area (natural or graded) set aside and developed for use by the occupants of the development for recreation, parks, courts, gardens or household service activities such as clothes drying, which space is effectively separated from automobile traffic and parking and is readily accessible to the residents. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. Recreation facilities or structures and their accessory uses located in common recreation areas shall be considered open space as long as total impervious surfaces (paving, roofs, etc.) constitute no more than 5% of the total open space. Landscaped roof areas devoted to recreational or leisure-time activities, freely accessible to residents, may be counted as open space at the option of the Planning Commission at a value of 50% of actual roof area devoted to these uses.

A minimum of 5% for passive or undisturbed open space such as sloped lands, watercourses or wooded lands. Where significant or unique natural amenities exist on the site, the Planning Commission shall have the authority to enforce their preservation. These may include, but are not limited to, features such as rock outcroppings, groves of trees, ravines, ponds and stream beds.

Protection of open spaces. Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications. Planned residential developments shall be approved subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of such open spaces, recreational areas and communally owned facilities. No such instrument shall be acceptable until approved by the City Solicitor as to legal form and effect, and the Planning Commission as to suitability for the proposed use of the open areas. In cases where the City will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. If the common open space is deeded to a homeowners' association or a nonprofit corporation established on a membership basis, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. If there is a homeowners' association under the Uniform Condominium Act,[2] the developer must file a declaration of rules and regulations. The provisions shall include, but not be limited to, the following:[3]

The City may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the City need not require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use [see Act 247, Article VII, § 705(d)(1)[4]]. 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 planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the City may serve written notice upon such organization or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of hearing thereon which shall be held within 14 days of the notice. At such hearing, the City may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within such 30 days or any extension thereof, the City in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon such common open space, and maintain the same for a period of one year. Such maintenance by the City shall not constitute a taking of such common open space, nor vest in the public any rights to use the same. Before the expiration of such year, the City shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned residential development shall show cause why such maintenance by the City shall not, at the option of the City, continue for a succeeding year. If Council determines that such organization is ready and able to maintain such common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of Council shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[5] The cost of such maintenance by the City shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a lien on such properties. The City, at the time of entering upon such common open space for purpose of 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.

Land and buildings may be used for the following purposes:

Accessory retail dining and service facilities may be permitted by specific approval of the Planning Commission; provided, that such uses are primarily for the service and convenience of the residents of the planned residential development; and, further provided, that the development contains 50 or more dwelling units. At least 80% of the total planned dwelling units of the total project must be physically constructed prior to any nonresidential use construction.

All structures on the perimeter of the development must be set back in accordance with the provisions of the zoning district controlling the area within which the development is situated. All structures on the perimeter of the development must be well screened in a manner which is approved by the Planning Commission.

Each PRD shall be planned as an entity which includes an overall site plan, mixtures of housing types and land uses, usable open spaces, site-related vehicular and pedestrian circulation systems, and preservation of significant natural features.

There shall be a minimum of two off-street parking spaces for each single-family and townhouse unit, and 1 1/2 spaces for each unit in a garden apartment or high-rise apartment. Such spaces shall be situated in the immediate vicinity of the dwelling units served.

All parking areas shall be landscaped, paved and visually screened from adjacent structures through the use of planting, grade changes or similar appropriate means approved by the Planning Commission.

Parking areas shall be designed to minimize excessive numbers of vehicles in any one area. Continuous rows of more than 10 vehicles shall be interrupted with appropriate landscaping.

Vehicular access within the planned residential development shall be designed to permit smooth traffic flow with minimum hazards to vehicular or pedestrian traffic. All internal streets shall be oriented and designed in a manner which will discourage through traffic.

A pedestrian and bicycle circulation system shall be established to serve all elements within the development. The pedestrian and bicycle circulation system shall be reasonably segregated from vehicular traffic to provide separation of vehicular and pedestrian movement.

Streets in a planned residential development may be dedicated to public use or may be retained under private ownership. Council may modify specifications otherwise applicable for street standards where it finds that the standards are not required in the interest of the residents of the PRD and that modifications of the standards as proposed will be consistent with the interests of the entire City.

A general landscaping plan shall be required at the time of the original submission, to be followed by a detailed landscaping plan prior to final approvals. The detailed plan shall show the spacing, sizes and specific types of landscaping materials.

Existing trees shall be preserved whenever possible. The location of trees shall be considered when planning the site elements such as open spaces, building location, walks, paved areas, playgrounds, parking, circulation systems and finished grade levels. Natural amenities of all types shall be preserved where feasible.

A grading plan and an erosion and sedimentation plan shall be provided prior to any construction or site development activity which will confine excavation, earthmoving procedures and other changes to the landscape in order to insure preservation and prevent despoliation of the character of the project site.

All manufactured slopes shall be planted or protected from erosion and shall be of a character to blend with surrounding terrain.

Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be established in a manner which will protect residential character within the PRD District and in any adjoining district.

Within a PRD District, all utilities including telephone, television cable and electrical systems shall be installed underground; provided, however, appurtenances to these systems which require on-grade installation must be effectively screened.

All sign internal installations and lighting of signs shall meet the standards for signs established for R-1, R-2 and R-3 Residential Districts in Article XIV.

Plans shall indicate the location, size and character of any sign within the PRD intended to be seen from public ways outside the district. No more than two sign surfaces, each with surface area not exceeding 30 square feet, shall be permitted at any principal entrance to the district.

Sureties regarding completion of development shall generally take the form of sureties by a corporate surety company licensed to do business in the commonwealth, although in specific cases, other forms of surety may be found to be acceptable to the City.

Sureties for continuing operation and maintenance of areas, facilities and functions not to be a responsibility of the City and performed at general City expense may take any form acceptable to the City, but shall include agreement that if operation and maintenance of such areas, facilities and functions is not continued as set forth in the final plan and report, the City may, in addition to other remedies, operate and maintain such areas, facilities and functions in the manner required in the final plan and report, with costs assessed ratably against properties within the development having right of use of such areas, facilities and services, and such costs shall become a lien on such properties.