a) ELIGIBILITY
No application for tentative approval of a planned residential development shall be considered or approved unless the following conditions are met:
1) The development consists of a contiguous land area of at least two acres;
2) The development shall be served by the City's water supply and sewage disposal systems, which shall be constructed at the time construction of the structures in the development begins; and
3) The proposed development is found to be generally consistent with the Comprehensive Plan and Land Use Plan for the City.
b) DEVELOPMENT STANDARDS.
1) Permitted Uses. A planned residential development may include:
A. Single family detached dwelling units.
B. Semi-detached and attached dwelling units.
C. Garden apartments.
D. Mid-rise apartments.
E. To the extent they are designed and intended primarily to serve residents of the planned residential development, noncommercial recreational facilities such as parks, playgrounds, tot lots, community centers, tennis courts, swimming pools, game rooms, etc.
2) Land Use Intensity Standards and Related Requirements. For purposes of regulating development of vacant land or vacant buildings in RS2, UN1, UN2, MUI1, MUI2, and CBD Districts, land use intensity standards have been established for density, floor area, open space, building coverage, impervious surfaces and parking.
TABLE 1 | ||||||
Standards | RS2 | UN1 | UN2 | MUI1 | MUI2 | CBD |
Net density (maximum units per acre) | 15 | 22 | 15 | 22 | 22 | 70 |
Floor area ratio | .60 | .75 | .60 | .75 | .75 | N/A |
Open space ratio | .40 | .35 | .40 | .35 | .35 | .05 |
Building coverage ratio | .40 | .45 | .40 | .45 | .45 | .65 |
Impervious surface ratio | .20 | .20 | .20 | .25 | .25 | .30 |
Occupant car space | 2.0 | 1.5 | 2.5 | 1.5 | 1.5 | 1.0 |
A. Bonus density. A bonus density of up to fifteen percent (15%) over and above the total allowable floor area may be achieved by meeting specific criteria beyond the basic performance standards. The various bonuses are cumulative. The higher densities may be allowed only in accordance with the bonus provisions contained in this section. In no event shall the average net residential density for planned residential developments exceed the net density with bonus provisions as set forth in the preceding table.
A. Ownership. Where the developer provides for individual ownership of dwelling units through acquisition or condominium agreement, a bonus shall be awarded in accordance with the following:
Dwelling Units Proposed for Individual Ownership (Percent) | Bonus (Percent) |
100 | 15 |
75 | 10 |
50 | 5 |
B. Landscaping. Where the developer employs four or more of the following site design details a bonus of five percent (5%) shall be provided:
1. Paving materials. Sidewalks shall be of concrete with a two foot brick band running the entire length of the walkway. Other appropriate decorative treatments may be permitted by City Council.
2. Focus areas. The ground area of passive areas that are designed for group sitting shall be concrete and finished as either rough or smooth with aggregates exposed when desirable. Other appropriate decorative treatments may be permitted by City Council.
3. Lighting. All exterior lighting fixtures shall be designed and located for the use intended. Light sources shall meet the following minimum height requirements:
Location | Minimum Feet Above Grade |
Pedestrian Walkways | 12 |
Parking Lots | 15 |
Arterial Streets | 25 |
Non-Arterial Streets | 15 |
The level of illumination shall vary with the intensity of use of areas. High intensity light shall be required for areas which are heavily used, however lower intensity and colored illumination shall be used in less intensive use areas. The following lighting levels shall apply:
Location | Residential Uses (Foot Candles) |
Roadways | |
Collector streets | 0.6 |
Local access streets | 0.4 |
Alleys | 0.2 |
Pedestrian areas | |
Sidewalks | 0.2 |
Pedestrian ways or focus areas | 0.5 |
4. Benches. There shall be one bench for every five dwelling units planned. Bench construction shall be as follows:
a. Along local walkways or paths and in focus areas benches with backs shall be appropriately placed.
b. Within focus areas, benches without backs can be provided if integrated as tree planters, retaining walls or as other uses.
5. Trees. Along sidewalks or paths that do not run along streets, trees shall be planted every fifty feet within the brick band. Trees types shall be as approved by the City Forrester.
6. Terrain features. Natural or manmade terrain features shall be used to reinforce focus areas, provide direction or enclosure, or be used in combination with vegetative screening.
C. Bedroom mix. A mix of dwelling units with regard to a number of bedrooms is desirable to promote a balanced community. Although one of the advantages to a planned residential development is the potential for mix, it is not required. A bonus of five percent (5%) is therefore provided when a developer within his development plan provides for any of the following bedroom mixes:
Percentage of Units | ||
1 Bedroom | 2 Bedroom | 3 Bedroom and More |
50 | 25 | 25 |
25 | 50 | 25 |
25 | 25 | 50 |
c) Design, Bulk and Location Standards.
1) Site design.
A. All housing shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of available sunlight on the physical layout and form of the proposed buildings shall be taken into account.
B. All housing shall be sited in order to maximize external as well as internal view orientation in order to create opportunities for privacy as well as to ensure natural light for all principal rooms.
C. Variations in setbacks shall be provided where necessary in order to create exterior identity and privacy.
2) Tree conservation.
A. Where existing trees are located in a development plan, they shall be preserved wherever possible. The protection of trees shall be an important consideration in determining the location of open space, buildings, underground utilities, walks, paved areas, playgrounds, parking areas and finished grade levels.
B. A list of approved street trees shall be maintained by the City Forester. When sidewalks follow a street, the trees shall be placed between the curb line and the sidewalk at intervals to average forty feet.
3) Streets.
A. The street system shall be designed so as to relate harmoniously with land uses and adjacent streets, and to minimize through traffic in residential areas. There are several aspects which may lead to the varying of size or design of specific streets:
1. Local access streets. Where a road is designed so that all dwelling units face onto open space or pedestrian zones, the road width may be twenty-two feet. Where local access streets are twenty-two feet, no on-street parking shall be permitted.
2. Collector streets. Where a road is designed so that all dwelling units face onto open space or pedestrian zones, the road width may be thirty feet. Where collector streets are thirty feet, no on-street parking shall be permitted.
3. Rights of way. Where sidewalks do not run along the streets or where utilities are located outside of the right of way, the right of way may be reduced in width with the approval of the City Engineer.
B. In developed urban areas of the City, width of alleys as secondary access streets may be twenty feet for two way traffic and sixteen feet for one way traffic.
4) Sidewalks.
A. The separation of sidewalks and streets may be accomplished where deemed appropriate. One or both sidewalks within street rights of way may be eliminated when it is shown that other functional pedestrian walkways are provided.
B. Sidewalks shall be of all-weather construction and capable of being easily cleared of snow and debris.
C. In order to achieve reasonable pedestrian access for each residence three different sidewalks should be distinguished for use where applicable:
1. Walkways within the residential properties to provide access to parking and refuse disposal;
2. Local paths or sidewalks connecting dwelling units and serving immediate common services such as informal meeting places, tot lots, etc; and
3. Walkways connecting residents with commercial and community facilities, schools and larger public recreational facilities.
D. Sidewalks that are used as common area paths shall be four feet in width. Where substantial bicycle traffic is anticipated, a bicycle lane shall be incorporated in the walkway system; such a combined system shall be at least six feet in width.
E. Curb cuts should be provided for users of wheel chairs, wagons, tricycles and bicycles.
F. Street crossings should occur at intersections, however, if the design of the street and/or location of pedestrian paths dictate the use of mid-intersection crossings, this may be done.
5) Parking.
A. All residential occupant and seventy-five percent (75%) of visitor parking shall be off-street. Remaining required space may be on-street. Spaces shall measure nine feet by eighteen feet each with aisles at least eighteen feet wide for one-way directional traffic and twenty-two feet wide for two-way traffic.
B. Parking and garages shall not be placed in the front yard.
D. Only visitor parking may overflow onto the street and only to the extent that it does not hinder traffic flow or sight distances for cars and pedestrians crossing the street.
6) Lighting.
A. All off-street parking shall have lights that are adequate for night time use as well as be arranged so as to direct light away from adjoining residences.
B. All sidewalks and paths shall be lighted adequately.
C. All streets and areas of high pedestrian use shall be adequately lighted.
D. All exterior lighting fixtures shall be designed and located for the use intended. Light sources shall meet the following minimum height requirements:
Locations Minimum | Feet Above Grade |
Pedestrian walkways | 12 |
Parking lots | 15 |
Streets | 25 |
The level of illumination shall vary with the intensity of use of areas. High intensity light shall be required for areas which are heavily used, however, lower intensity and colored illumination shall be used in less intensive use areas. The following lighting levels shall apply:
Location | Residential Uses (Foot candles) |
Roadways | |
Collector streets | 0.6 |
Local access streets | 0.4 |
Alleys | 0.2 |
Pedestrian Areas | |
Sidewalks | 0.2 |
Pedestrian ways or focus area | 0.5 |
E. All exterior lights shall be LED or of the sodium type as opposed to the mercury vapor type.
7) Underground utilities.
Electric, cable television and telephone lines shall be placed underground in accordance with P.U.C. and utility company regulations.
8) Storm water and erosion control.
The development shall conform to the requirements of the City's Storm Water Management Ordinance.
9) Open space. The development plan shall designate the use of open space and a planting plan or schedule. In designating use, the following classes shall be used:
A. "Lawn" means a grass area with or without trees which shall be used by the residents for a variety of purposes.
B. "Natural Area" means an area of natural vegetation which may or may not include unusable land; such areas may contain walkways.
C. "Recreation Area" means an area designated for a specific recreation use including but not limited to tennis, swimming, shuffle board, playfields and tot lots.
10) Neighborhood park. There shall be one neighborhood park provided in a development plan. The size of the park shall be as required in the Subdivision and Land Development Plan. When deemed appropriate by City Council, a fee-in-lieu of may be paid to the City based on the criteria established in the Subdivision and Land Development Ordinance.
11) Shelters. There shall be one pavilion for each neighborhood park indicated in the development plan. In addition, one bus shelter shall be provided for public transit riders when it is determined that the development is within the service area of the public transit system.
12) Building types. Any of the following building types that may be proposed in a development plan shall be restricted to certain districts as indicated in Table II.
Table II | ||||||
Zoning Districts Permitted In | ||||||
Building Types | RS2 | UN1 | UN2 | MUI1 | MUI2 | CBD |
Single-family detached | X | X | X | X | X | X |
Single-family detached | X | X | X | X | X | X |
- lot line | ||||||
Single-family duplex | X | X | X | X | X | X |
Multi-plex (single-family or multi- family) | X | X | X | X | X | |
Single-family townhouse | X | X | X | X | X | |
Garden apartment | X | X | X | X | X | |
Mid-rise 1-9 floors | X | |||||
Residential conversions | X | X | X | X | X | |
13) Building spacing requirement. The following spacing requirements are intended to prevent monotony in development and apply to any of the types of units that may be proposed in a development plan:
TABLE III | ||
Building Types | Minimum Distance Between Structures (Feet) | Additional Requirements |
Single-family detached | 20 | An easement for maintenance on the adjoining lots is required. Windows on the lot line side of the dwelling are prohibited. |
Single-family duplex | 20 | No more than five units shall be attached in any group or groups shall average four units per structure |
Multi-plex (single-family or multi- family) | 20 | |
Single-family townhouse | 20 | Rows of attached dwelling units shall not exceed eight units. |
Garden apartments | 30 | Not less than three units and no more than sixteen dwelling units in a single structure. |
Mid-rise | 50 | |
Residential conversions | None | None |
14) Lot area requirements. Lot area requirements in all planned residential development applicable districts are waived for the purposes of this Planned Residential Development Ordinance.
15) Setback from streets. The following setback from the street line apply to the districts in which any of the building types are proposed in a development plan:
TABLE IV | ||||||||
Zoning Districts (Feet) | ||||||||
Building Types | RS2 | UN1 | UN2 | MUI1 | MUI2 | CBD | EC | Single-Family |
Detached | ||||||||
Front | 25 | 0 | 25 | 0 | 0 | 0 | 30 | |
Side | 15 | 0 | 15 | 0 | 15 | 0 | 15 | |
Rear | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
Single-family detached-lot line | ||||||||
Front | 25 | 0 | 25 | 0 | 0 | 0 | 0 | |
Side | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
Rear | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
Duplex | ||||||||
Front | 25 | 0 | 25 | 0 | 0 | 0 | 0 | |
Side | 20 | 0 | 20 | 0 | 0 | 0 | 0 | |
Rear | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
Multi-plex | ||||||||
Front | 25 | 0 | 25 | 0 | 0 | 0 | 0 | |
Side | 20 | 0 | 20 | 0 | 0 | 0 | 0 | |
Rear | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
Townhouses | ||||||||
Front | 25 | 0 | 25 | 0 | 0 | 0 | 0 | |
Side | 30 | 0 | 30 | 0 | 0 | 0 | 0 | |
Rear | 0 | 0 | 0 | 0 | 0 | 0 | 0 | |
Garden apartments | ||||||||
Front | NA | 50 | NA | 50 | 50 | 0 | 50 | |
Side | NA | 50 | NA | 50 | 50 | 0 | 50 | |
Rear | NA | 0 | 0 | 0 | 0 | 0 | 0 | |
TABLE IV
Zoning Districts (Feet)
Building Types
RS2
UN1
UN2
MUI1
MUI1
CBD
EC
Single-Family
Mid-rise | ||||||||
Front | NA | NA | NA | NA | NA | 0 | 75 | |
Side | NA | NA | NA | NA | NA | 0 | 150 | |
Rear | NA | NA | NA | NA | NA | 0 | 0 | |
Residential conversions - None | ||||||||
NA means not applicable.
16) Setback from parking areas. The following setbacks from parking areas apply to the district in which any of the building types are proposed in a development plan.
TABLE V | |
Building Types | Minimum Distance from Parking Area (Feet) |
Multi-plex | 0 |
Townhouses | 0 |
Garden apartments | 0 |
Mid-rise | 0 |
Residential conversions | 0 |
17) Heights. Structures may be erected to the following maximum heights:
Building Type | Height of Structures (Feet) |
Single-family detached | 40 |
Single-family detached-lot line | 40 |
Single-family duplex | 40 |
Multi-plex (single-family or multi-family) | 40 |
Single-family townhouse | 40 |
Garden apartment | 50 |
Mid-rise | 90 |
Residential conversions | None |
*In the CDB District, height restrictions shall be waived.
18) Screening. Appropriate yards, fences or vegetative screening shall be provided in the planned residential development perimeter where needed to protect residents from undesirable views, lighting, noise or other off site influences, or to protect adjacent residential occupants of a neighborhood or general area from similar adverse effects.
19) Planned residential development residential conversions. Within vacant buildings to which this Ordinance is applicable, the minimum following habitable floor area per dwelling unit shall apply:
Bedrooms per Dwelling Unit | Minimum Floor Area (Square Feet) |
1 | 400 |
2 | 550 |
3 or more | 700 |
20) Private outdoor livability space. Each dwelling unit may have private outdoor living space which can be defined visually through the use of deciduous shade or evergreen screen trees, screen L-shaped sections of fence or through other landscaping elements. In the case where a development plan provides for garden apartments, balconies may be used to serve this purpose.
21) Landscaping, screen plantings and vegetation. Landscaping elements may include street or open space trees, screen plantings, shrubs, lawns, ornamental plantings or screen fences. These shall be utilized to the greatest extent possible in order to ensure and create privacy, while at the same time provide each dwelling unit's occupant freedom from the visual or noise intrusion of neighborhood dwelling units or areas.
22) Relationship between Planned Residential Development, Zoning and Subdivision Ordinances. All additional requirements not specifically mentioned in this Ordinance shall be regulated by the City's Zoning Ordinance and Subdivision and Land Development Ordinance.
d) Public Interest. In the case where the development standards of this Ordinance do not protect the public interests with regard to health, safety and welfare, Council shall impose additional standards upon the developer to insure compliance with the intent of this Ordinance as to correct inadequacies found herein.
e) Development in Stages. A developer may construct a planned residential development in stages if the following criteria are met:
1) The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required by this Ordinance.
2) At least twenty percent (20%) of the dwelling units in the plan given tentative approval are included in the first stage.
3) The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than twenty percent (20%) of the total dwelling units receiving tentative approval.
f) Standards for Location and Management of Open Space.
1) The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area and be as close to all residences as possible, with green ways leading to recreation areas.
2) Any of the following methods shall be used to preserve, own or maintain open space: Condominium, homeowner's association, dedication in fee or the retention of responsibility for maintaining the open space by the developer.
3) The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act of July 1980. All open space land shall be held as "common element." Such land shall not be eligible for sale to another part except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio.
4) If a homeowner's association or open space trust is formed, it shall be governed according to the following regulations:
A. The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
B. Membership in the organization is mandatory for all landowners and purchasers of homes therein and their successors.
C. The organization shall be responsible for the maintenance of and insurance and taxes on common open space.
D. The members of the organization shall share equitably the costs of maintaining and developing common open space in accordance with procedures established by them.
E. The organization shall have, hire, or contract adequate management and maintenance services to administer common facilities and maintain the common open space.
F. In the event that the organization established to own and maintain a 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 and owners of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and such notice shall include a demand that such deficiencies of maintenance be cured within thirty days thereof, and shall state the date and place of or hearing thereon which shall be held within fourteen 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 cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within such thirty days or any extension thereof, the City, in order to preserve the taxable values of the properties within the 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 entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. 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 and owners of the development, to be held by the City, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the City shall not, at the election of the City continue for a succeeding year. If the City shall determine that such organization is ready and able to maintain such common open space in reasonable condition, the City shall cease to maintain such common open space at the end of such year. If the City shall determine such organization is not ready and able to maintain such common open space in a reasonable condition, the City may, in its discretion, continue 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 the City in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the City shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a tax lien on such properties. The assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is subject to such assessments or charges regardless of when such mortgage or mortgages were created or when such assessments or charges accrued; provided that such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessments or charges accruing prior to such foreclosure, but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on the property subject to such assessments or charges, with the intent that no such charges shall at any time be prior in lien of any mortgage or mortgages whatsoever on such property. The City, at the time of entering upon such common open space for the purpose of maintenance, shall file a notice of such lien in the office of the prothonotary of York County, upon the properties affected by such lien within the development.
5) In accordance with Section 706 of Act 247, the provisions of the development plan relating to the use, bulk and location of buildings and structures; the quantity and location of common open space; and the intensity of use or the density of residential units, shall run in favor of the City and shall be enforceable in law or equity by the City without limitation on any powers of regulation otherwise granted the City by law. The development plan shall specify those of its provisions which shall run in favor of, and be enforceable by residents of the development and the manner in which such residents may modify or release such rights.
6) The City may, but shall not be required to, accept any portion or portions of the common open space, as provided; such land is freely accessible to the public; there is not a cost to the City involved; and the City agrees to and has access to maintain such lands.
7) The final form of preservation of common open space available is the developer's option to retain ownership and maintain such open space.