Murrysville City Zoning Code
ARTICLE IV
Planned Residential Development
§ 220-19 Purpose.
The purpose of these Planned Residential Development (PRD) regulations is to permit residential development which is more creative and imaginative than is generally possible under conventional zoning district controls and subdivision requirements. Further, these regulations are intended to promote more economical and efficient use of the land while providing a compatible blend of housing types, amenities and community facilities of high quality, oriented to the specific development site and providing public trails, and preserving the natural scenic qualities of open space.
§ 220-20 Applicability and relationship to other ordinances.
The provisions of this article for approval of a planned residential development shall be a modification to and in lieu of procedures and criteria for approvals otherwise required in this chapter and the Municipal Subdivision and Land Development Ordinance.[1] Failure to comply with the provisions of this article with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.
§ 220-21 Site area, ownership, use and density requirements.
A.
Site area. In the R-R, R-1 and R-2 Zoning Districts, the minimum site required for a planned residential development shall be 25 contiguous acres; in the R-3 Zoning District the minimum site area shall be 10 contiguous acres. Public easements or rights-of-way and public or private streets shall not be construed as an interruption or division of a site proposed for a planned residential development.
B.
Site ownership. The site proposed for a planned residential development shall be under single ownership and control. Prior to submitting an application for tentative approval, the applicant shall demonstrate that he is the landowner, as defined by this chapter. Legal, as well as equitable, ownership shall be demonstrated coincident with approval of the final development plan.
C.
Dwelling units authorized. In all zoning districts where a planned residential development is located, any of the following dwelling units may be included in a planned residential development:
R-R, R-1 and R-2 | R-3 District | |
|---|---|---|
Single-family dwelling | Single-family dwelling | |
Two-family dwelling | Two-family dwelling | |
Triplex | Triplex | |
Fourplex | Fourplex | |
Townhouse | Garden apartment | |
Townhouse | ||
Apartments |
D.
Recreational and other common facilities for the residents.
(1)
In addition to the residential uses permitted in a planned residential development, recreation facilities designed for the use of the residents of the planned residential development shall be permitted, including but not limited to hiking, biking or exercise trails; tennis, paddle tennis, basketball, volleyball or other playing courts; swimming pool and related facilities; golf course or putting green; community building for meetings and social activities; picnic pavilions; other active and passive recreational uses deemed appropriate to the proposed residents of the planned residential development by the Council.
(2)
Public trails in required common open space. The developer shall comply with the Municipality of Murrysville 2000 Recreation, Park and Open Space Plan and subsequent Policy for the Acquiring and Constructing of Public Trails within Residential Developments. Compliance with the plan, dedication of easements or rights-of-way as required by the standards of Ordinance No. 631-03 and amendments, and providing the required common open space shall be deemed as satisfaction of the mandatory dedication of land for parks and recreation requirement of Ordinance No. 631-03 and amendments.[1]
E.
Maximum dwelling unit density.
(1)
Regardless of whether a planned residential development is comprised of a mix of dwelling unit types or a single type of dwelling unit, the maximum dwelling unit density shall be calculated as "density, net residential" and shall be the same as that of the base zoning district. Dwelling unit density shall be calculated as follows:
Number of Units Permitted = [(Gross Acreage — Acreage of Environmentally Sensitive Areas) * .8)] / Minimum Acres per Dwelling Unit permitted in the underlying residential district) |
The aforementioned "environmentally sensitive areas" shall be deemed to include steep slopes, floodplains, and wetlands. |
(2)
Or, the developer may submit, or the Planning Commission or Council may require the developer to submit, a plan showing how the site may be developed under conventional zoning following all current ordinances, including grading, slopes, wetlands, land development, streets, etc.; such plan must also be economically viable. This number of lots achieved in the conventional subdivision could be approved by the Planning Commission and Council as an adjusted maximum density.
F.
Minimum building setback on the perimeter of the planned residential development site. In the R-3 District, apartments shall be located no closer to the boundary of the planned residential development site than 50 feet. In all zoning districts where planned residential development is authorized, no garden apartment, townhouse, triplex or fourplex shall be located closer to any boundary of the planned residential development site than 50 feet. All other structures shall be located at least 40 feet from the boundary of the planned residential development site. No accessory structure and no off-street parking shall be located in this required perimeter setback area.
G.
Distance between buildings. Where two or more principal multifamily buildings that are three stories or less in height are proposed on one lot, the minimum distance between the buildings shall be 10 feet. Where two or more principal multifamily buildings that are more than three stories in height are proposed on one lot, the minimum distance between the buildings shall equal the height of the taller building.
H.
Modifications to otherwise applicable zoning and subdivision regulations
(1)
The design and construction standards of the Municipal Subdivision and Land Development Ordinance[2] shall apply to all public improvements proposed in a planned residential development unless a waiver or modification is granted by the Council in accordance with the procedure specified in the Municipal Subdivision and Land Development Ordinance.
[2]
Editor's Note: See , Subdivision and Land Development.
(2)
Except for maximum dwelling unit density and maximum building height, any of the other requirements of the underlying zoning district classification may be modified by the Council in granting tentative approval to a planned residential development, if the Board determines that the requested modification or modifications will contribute to a more beneficial use of the site, will not be contrary to the public interest and are warranted owing to unique physical circumstances or conditions unique to the particular property.
(3)
All requests for modification shall be in writing and shall accompany and be a part of the application for tentative and final approval. Such written request shall specify the ordinance section from which a modification is requested and shall state the grounds for the request, the unreasonable hardship on which the request is based and the minimum modification necessary to relieve the hardship.
(4)
Whenever a request for modification is granted or denied, the reasons for such grant or denial shall be stated within the official written communication to the landowner. The grant of a modification request may be subject to reasonable conditions designed to promote the purposes set forth in this article.
§ 220-22 Access and availability of public services.
A.
Access and traffic control
(2)
The projected traffic volumes associated with the proposed planned residential development shall be capable of being accommodated by the adjacent street network.
(3)
The developer shall demonstrate, by submission of a traffic study, that the projected traffic from the planned residential development shall not materially increase congestion and impair safety on adjacent public streets.
(4)
Ingress and egress to and from the site shall be designed to comply with the minimum requirements of the Municipal Subdivision and Land Development Ordinance.
B.
Public water and sewer service. All dwelling units and other principal structures in a planned residential development shall be connected to a public water supply and public sanitary sewer service.
C.
Storm drainage. The developer shall provide a storm drainage system within a planned residential development that shall be of sufficient size and design to collect, carry off and dispose of all predictable surface water runoff within the planned residential development and shall be so constructed to conform with the statutes, ordinances and regulations of the Commonwealth of Pennsylvania and the stormwater management regulations contained in the Municipal Subdivision and Land Development Ordinance.
§ 220-23 Common open space.
A.
Areas required.
(1)
Common open space shall comprise at least 30% of the total gross site area of the PRD.
(2)
Of the thirty-percent required open space area, 0.033 acres of ground per dwelling unit shall qualify as "active recreation land" space as described in the "Mandatory Dedication of Land for Parks and Recreation."[1] The applicant may pay the fee in lieu of the active recreation land as calculated by that ordinance upon mutual agreement with the Municipality.
B.
Protection of common open space. Common open space in a planned residential development shall be protected by adequate covenants running with the land or by conveyances or dedications. A planned residential development shall be approved subject to the submission of a legal instrument or instruments setting forth a plan for the permanent preservation, care and maintenance of such common open space, recreational areas and other facilities owned in common. No such instrument shall be acceptable until approved by the Council as to legal form and effect. In cases where the Municipality will not be accepting dedications of streets, recreation areas or common open spaces, the developer shall provide for an organization or trust for ownership and maintenance of the common open space and common facilities.
C.
Common open space maintenance. In the event that the organization established to own and maintain the common open space, or any successor thereto, shall at any time after establishment of the final development plan fail to maintain the common open space, including all streets, driveways and recreational facilities, in reasonable order and condition in accordance with the development plan granted final approval, the Municipality may take remedial action to cause the common open space and common facilities to be properly maintained, as provided for in Section 705(f) of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 220-24 Buffer areas landscaping.
Landscaping shall be installed in accordance with § 220-51.
§ 220-25 Administration and procedure.
The planned residential development provisions of this chapter shall be administered by the Council. The Planning Commission shall review all applications on the basis of the standards specified in this article and make a recommendation to the Council. The Council shall conduct the public hearings required by the Pennsylvania Municipalities Planning Code and shall have the final authority to approve, approve with conditions or disapprove a planned residential development.
A.
Preapplication conference.
(1)
Prior to filing an application for tentative approval, the applicant or his representative may meet with municipal staff to obtain application forms and to discuss application procedures and applicable ordinance requirements.
(2)
In addition, the developer may request a preapplication conference with the Planning Commission to discuss the conceptual design for the development of the property and the feasibility and timing of the application. The applicant shall contact the Municipal Zoning Officer at least five calendar days prior to the regular meeting of the Planning Commission to request a preapplication conference with the Planning Commission.
(3)
The preapplication conference with the Planning Commission is voluntary, and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.
(4)
While no formal application is required for a preapplication conference, the applicant should provide one copy of readily available information with the request for a preapplication conference which shows the location of the property and any special features, such as streams, floodplains or other conditions, that may affect the development of the property. Readily available resources which may be used include the deed for the property, a property survey, the Tax Parcel Maps prepared by the Westmoreland County Assessor's Office, U.S.G.S. Quadrangle Map showing natural features and topography, the National Flood Insurance Administration (NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation Service Maps of soil types and the U.S. Bureau of Mines coal mine maps.
(5)
A preapplication conference shall not constitute formal filing of any application for approval of a planned residential development, shall not bind the Planning Commission to approve any concept presented in the preapplication conference, and shall not protect the application from any subsequent changes in ordinance provisions that may affect the proposed development between the preapplication conference and the official date of filing of an application for tentative approval of a planned residential development under the terms of this chapter.
B.
Application for tentative approval. At least 30 calendar days prior to the regular meeting of the Planning Commission, 15 copies of an application for tentative approval shall be submitted. The application shall be in sufficient detail for the Planning Commission to determine compliance with the standards of this article and shall contain, at a minimum, the following information:
(1)
A legal description of the total tract proposed for development, including a statement of present and proposed ownership.
(2)
A written statement of planning objectives to be achieved by the planned residential development through the particular approach proposed by the developer. The statement shall include a description of the character of the proposed development and its relationship to the immediate area in which it is to be located.
(3)
A written statement setting forth the reasons why the proposed planned residential development would be in the public interest and would be consistent with the Municipality's Comprehensive Plan.
(4)
A written statement of the requested modifications to municipal zoning and subdivision regulations otherwise applicable to the property, if any.
(5)
A location map which clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.
(6)
A development plan, prepared at a scale no smaller than one inch equals 50 feet, showing the following information:
(a)
Existing contours at intervals of five feet; watercourses; floodplains; wetlands; floodplain and wetland buffer areas as required by this chapter; woodlands; soils; steep slopes, delineating and labeling twenty-five-percent through forty-percent slopes and greater than forty-percent slopes; and other natural features.
(b)
Proposed lot lines and subdivision plat, if any.
(c)
The location of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units and dwelling unit density. Preliminary elevations and architectural renderings shall be provided.
(d)
The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space.
(e)
The existing and proposed vehicular circulation system of local and collector streets, including off-street parking areas, service areas, loading areas and major points of access from the planned residential development to public rights-of-way.
(f)
The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system and proposed treatment for any points of conflict between the two systems.
(g)
The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.
(h)
Subsurface conditions, including slope stability.
(i)
A minimum of three cross sections showing existing and proposed contours and their relationship to proposed buildings, structures, highways, streets, parking areas, walkways and existing woodlands.
(j)
A general landscaping plan indicating the treatment and materials proposed to be used in buffer areas and common areas on the site.
(k)
Evidence of compliance with the environmental performance standards of § 220-33 of this chapter.
(m)
Information required by the Municipal Subdivision and Land Development Ordinance, including application filing and application review fees.
(n)
Location of trails for public use and easements or rights-of-way dedicating those trails for public use.
(o)
In the case of development plans which call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.
C.
Review of application.
(1)
The Zoning Officer shall review the application to determine whether it is complete and properly filed in accordance with all requirements of this chapter. If the Zoning Officer determines that the application is not complete and properly filed, written notice shall be provided to the applicant specifying the defects in the application and returning the application for resubmission. If a revised application is resubmitted within 60 days of the date of the written notice from the Zoning Officer, an application filing fee shall not be required. Any application submitted after 60 days shall be considered a new application and shall be accompanied by the required application filing fee.
(2)
If the Zoning Officer determines that the application is complete and properly filed, the date that the application is received by the Zoning Officer shall constitute the official date of filing. Within five days of receipt of a complete and properly filed application, the Zoning Officer shall transmit a copy to the Westmoreland County Planning Commission for review and comment and shall refer the application to the Municipal Planning Commission for review and recommendation.
(3)
If, during review by the Planning Commission, the applicant revises the application to address comments from the Planning Commission or to demonstrate compliance with this chapter, a new application shall not be required. If, during review by the Planning Commission, the applicant initiates revisions to the application which are not the result of Planning Commission comments and which are not mandated to demonstrate compliance with this chapter, the applicant shall withdraw the application and submit a new application which shall be subject to the payment of the required application filing fee.
D.
Public hearing.
(1)
Within 60 days following the official date of filing of an application for tentative approval of a planned residential development which contains all of the required documentation, a public hearing pursuant to public notice shall be held by the Council. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.
(2)
The public hearing shall be conducted in the manner prescribed in Article IX of the Pennsylvania Municipalities Planning Code and all references to the Zoning Hearing Board in Article IX shall apply to the Council. The public hearing or hearings shall be concluded within 60 days of the first hearing.
E.
Tentative approval.
(1)
Within 60 days following the conclusion of the public hearings, the Council shall, by official written communication, either:
(2)
Failure to act within said 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 Council, notify the Council of his refusal to accept all said conditions; in which case the 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 Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
§ 220-26 Criteria for tentative approval.
The Council shall grant tentative approval if, and only if, all applicable requirements of this article are met and all of the following criteria are met.
A.
The proposed application for tentative approval complies with all standards, restrictions, criteria, requirements, regulations and procedures of this chapter; reserves the community development objectives of this chapter; and is found by the Council to be compatible with the public interest and consistent with the Municipality's Comprehensive Plan.
B.
Where the proposed application for tentative approval provides standards which vary from this chapter and the Municipal Subdivision and Land Development Ordinance otherwise applicable to the subject property, such departure shall promote protection of the environment and public health, safety and welfare and shall be in the public interest.
C.
The proposals for the maintenance and conservation of any proposed common open space are reliable and meet the standards of this chapter and the amount and extent of improvements within the common open space are appropriate with respect to the purpose, use and type of the residential development proposed.
D.
The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.
E.
The proposed development plan is beneficially related to the immediate area in which it is proposed to be located.
F.
The proposed development plan will afford adequate protection of natural watercourses, wetlands, topsoil, woodlands, steep slopes and other natural features and will prevent erosion, landslides, siltation and flooding.
G.
In the case of a development plan which proposes development over a period of years, the terms and conditions thereof are sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the final development plan.
§ 220-27 Application for final approval.
After the development plan is granted tentative approval by the Council, the developer shall submit 15 copies of the application for final approval which shall consist of detailed plans for any phase or section of the development plan. No building permit shall be issued until final approval has been granted by the Council for the phase or section in which the proposed development is located. Final approval for any phase or section shall expire if construction is not initiated for the phase or section within one year of the date of final approval of the phase or section by the Council.
A.
Review of application.
(1)
The Zoning Officer shall review the application to determine whether it is complete and properly filed in accordance with all requirements of this chapter. If the Zoning Officer determines that the application is not complete and properly filed, written notice shall be provided to the applicant specifying the defects in the application and returning the application for resubmission.
(2)
If the Zoning Officer determines that the application is complete and properly filed, the date that the application is received by the Zoning Officer shall constitute the official date of filing. Within five days of receipt of a complete and properly filed application, the Zoning Officer shall refer the application to the Planning Commission for review and recommendation.
(3)
Within 35 days of receipt of a complete and properly filed application for final approval, the Planning Commission shall forward a written recommendation to the Council.
(4)
A public hearing on an application for final approval shall not be required, provided the development plan is in compliance with the development plan given tentative approval and with any specified conditions attached thereto.
B.
Action by Council. In the event that an application for final approval has been filed, together with all drawings, specifications and other documentation in support thereof, in accordance with the requirements of this chapter and the official written communication granting tentative approval, the Council shall, within 45 days of the official date of filing, grant final approval to the development plan.
C.
Variations from the plan granted tentative approval.
(1)
In the event that the development plan submitted contains variations from the development plan granted tentative approval, the Council may refuse to grant final approval and may, within 45 days of the official date of filing of the application for final approval, advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either:
(2)
If the landowner wishes to take either 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.
(3)
If the landowner fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.
D.
Public hearing required.
(1)
Any public hearing held on an application for final approval shall be held pursuant to public notice within 30 days after the 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 an application for tentative approval. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.
(2)
Within 30 days after the conclusion of the public hearing, the Council shall, by official written communication, either grant or deny final approval. The grant or denial of final approval of the development plan shall, in cases where a public hearing is required, be in the form and contain the findings required for an application for tentative approval.
E.
Changes in the approved plan. Changes in the location and siting of buildings and structures deemed minor by the Council may be authorized without additional public hearings, if required by engineering or other circumstances not foreseen at the time of tentative approval. However, gross and net density established at the time of tentative approval shall not be changed without a public hearing.
F.
Application for final approval. The application for final approval shall comply with all applicable ordinance provisions and the development plan shall include, as a minimum, the following information:
(1)
All data required by the Municipal Subdivision and Land Development Ordinance for a final plan, including application filing, application review and inspection fees.
(2)
Accurately dimensioned locations for all proposed buildings, structures, parking areas and common open space.
(3)
The number of families to be housed in each residential building or structure and the intended use of each nonresidential building or structure.
(4)
Building elevation drawings for all principal structures, other than single-family dwellings.
(5)
A lighting plan showing the location, height and type of any exterior lighting fixtures proposed and a photometric plan showing the distribution of lighting on the site and at the site boundaries.
(6)
A landscaping plan, as defined by this chapter, including the location and types of materials of plant materials, sidewalks, trails and recreation facilities authorized by this chapter.
(7)
Supplementary data, including any covenants, grants of easements or other restrictions to be imposed on the use of the land, building and structures and for the organization proposed to own, maintain and operate the common open space facilities.
(8)
An engineering report which shall include the following data, wherever applicable:
(a)
Profiles, cross sections and specifications for proposed public and private streets.
(b)
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers.
(c)
Feasibility of the sanitary sewerage system in terms of capacity to serve the proposed development.
(10)
An erosion and sedimentation control plan which shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation. The plan shall include but not be limited to the following:
(a)
The topographic features of the site;
(b)
The types, depth, slope and extent of the soils by area;
(c)
The proposed alterations to the site;
(d)
The amount of runoff from the site area and the upstream watershed;
(e)
The staging of earthmoving activities;
(f)
Temporary control measures and facilities during earthmoving;
(g)
Permanent control measures and facilities for long-term protection;
(h)
A maintenance program for the control facilities, including disposal of materials removed from the control facilities or site area.
(12)
Performance bond and development agreement as required by the Municipal Subdivision and Land Development Ordinance to be executed after final approval.
G.
Recording. A final development plan or any part thereof which has been granted final approval shall be so certified without delay by the Council and shall be filed of record in the Office of the Recorder of Deeds before any development shall take place in accordance therewith. Approval for recording shall be subject to posting of the financial security required by the Municipal Subdivision and Land Development Ordinance for public and private improvements in the development plan.
H.
Revocation of final approval. In the event that a development plan or section thereof is given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved and shall so notify the Council 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 Section 508 of the Pennsylvania Municipalities Planning Code after final approval has been granted, no further development shall take place on the property included in the development plan until a new application for tentative approval of a planned residential development is submitted for said property or the property is developed in accordance with the then-applicable zoning district regulations.