Promote economical and efficient use of land while providing
a comfortable blend of housing types, limited commercial, amenities
and community facilities of high quality oriented to specific site
and preservation of natural scenic qualities of open areas.
A.
Application. A PRD may be permitted as a conditional use in R-2,
R-3, and R-4 zones, subject to the standards, restrictions, qualifications,
criteria, requirements, conditions, regulations and procedures enumerated
in this Part, as set forth herein. Certain provisions of this Chapter
and the respective Subdivision Ordinance shall not be applied to PRD
proposals accepted for review, except when specifically indicated
by the provisions contained herein.
B.
Each PRD shall have a unitary site plan, a mixture of housing types
and land uses, usable common open space, site-related circulation
systems and preservation of significant natural features.
A.
The minimum land area for a PRD shall be 10 contiguous acres in the
R-2 zone and five contiguous acres in zones R-3 and R-4. Public easements
or private roads shall not be construed as an interruption or division
of a tract of land proposed for a PRD.
B.
Prior to the preapplication conference, the developer of a PRD shall
provide evidence of a full ownership interest in the land, which for
purposes of this Chapter shall be either legal title or an executed
binding sales agreement evidencing equitable title in it.
C.
A PRD shall be in single legal, as well as equitable, ownership coincident
with approval of the final development plan.
A.
Public sewage and water service shall be supplied to each building
or structure to be erected in a PRD.
B.
The developer shall provide within a PRD a stormwater drainage system
which shall be of sufficient size and design to collect, carry off
and dispose of all predictable stormwater run-off within the PRD and
shall be so constructed as to conform with applicable statutes, ordinances,
and regulations of the Commonwealth of Pennsylvania, Allegheny County
and West Deer Township including the Subdivision and Land Development
Ordinance.
C.
A PRD shall be related to the local regional highway systems. The
developer must demonstrate to the satisfaction of the Planning Commission
and the Board of Supervisors, that traffic circulation problems will
not be created and that the proposed road system is adequate in terms
of traffic volume capacity and construction type to accommodate the
projected PRD generated traffic.
A.
The PRD provisions of this Chapter shall be applied by the Planning
Commission, staff and Township consultants which shall review all
applications on the basis of specified standards, restrictions, qualifications,
criteria, requirements, conditions, regulations and procedures. The
Board of Supervisors shall conduct public hearings and have final
authority to approve, modify or disapprove a PRD.
B.
A developer shall obtain required approvals for a PRD by following
a four-step review process which shall consist of a pre-application
conference, a preliminary development plan review, public hearings,
and a final development plan review.
(1)
Preapplication conference. Each applicant may confer with the Township
Secretary to schedule a preapplication conference. It shall be the
responsibility of the Township Secretary to arrange a conference with
the Planning Commission. The conference shall include members of the
Planning Commission and designated members of the Board of Supervisors.
The Solicitor, local utility service representatives, Township Engineer,
Police Department and others deemed appropriate may also be requested
to attend such conference. Items to be addressed at the pre-application
conference shall include but not be limited to the following:
(a)
Location of the proposed PRD site.
(b)
Points of access and road names.
(c)
Public sewage and water services, other utilities and location
of said services/utilities.
(d)
Topography of the proposed PRD site.
(e)
Conceptual stormwater management plan.
(f)
Significant stands of trees, size and species.
(2)
Preliminary development plan (application for tentative approval).
Within 120 days following the preapplication conference, 20 copies
of a preliminary development plan shall be presented in sufficient
detail to provide the Planning Commission with a major substantive
review of the proposed PRD. Such preliminary development plan shall
constitute the application for tentative approval. The following documentation
shall be submitted in support of the application:
(a)
Written documents.
[1]
A legal description of the total tract proposed for development,
including a statement of present and proposed ownership.
[2]
A statement identifying the planning objective(s) to be achieved
by the PRD through the particular approach proposed by the developer.
The statement shall include a description of the character of the
proposed development.
[3]
Data indicating the following: total number and type of dwelling
units, parcel size, proposed lot coverage of buildings and structures
(in both square footage and percentage), approximate gross and net
residential densities, total amount of open space (including a separate
figure for common open space and usable open space), economic feasibility
studies or market analyses where reasonably necessary and other studies
as may be designated by the Planning Commission.
(b)
Location map. This map shall clearly show the location and area
of the tract proposed for development with relation to all lands,
buildings and structures within 500 feet of its boundaries, the location
and distance to existing related highways, streets or roads and the
names of owners of properties adjacent to the tract.
(c)
Site plan and supporting maps. A site plan at a scale no smaller
than one inch equals 50 feet and any maps necessary in the opinion
of the Planning Commission on a scale as required by it to show the
major details of the proposed PRD, which site plan and maps shall
also contain the following minimum information:
[1]
The existing and proposed site conditions including contours
at a minimum intervals of two feet, watercourses, floodplains, forest
cover, soils, and natural features considered significant by the Planning
Commission.
[2]
Proposed lot lines and subdivision plan, if any.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including maximum heights, types of dwelling
units and density per type. Preliminary elevations and/or architectural
renderings of typical structures shall be provided. Such drawings
shall be sufficient to relay the basic architectural intent of the
proposed improvements.
[4]
The location and size, in acres and square feet, of all areas
to be conveyed, dedicated or reserved as common open space.
[5]
The existing and proposed vehicular circulation system of collector
and local streets or roads, 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).
[6]
The existing and proposed pedestrian circulation system, including
its interrelationships with the vehicular circulation system and indicating
proposed treatment of points of conflict.
[7]
The existing and proposed utilities systems, including sanitary
sewers, storm sewers, water, electric, gas, cable TV and telephone
lines.
[8]
The existing and proposed common open space and buffers.
[9]
Any additional information required by the Planning Commission
as necessary for it to evaluate the character and impact of the proposed
PRD.
(d)
Projected scheduling of stages. In the case of development plans
which call for development over a period of years, a schedule showing
such stages shall be provided. This schedule shall be reviewed annually
with the Planning Commission by the developer on the anniversary of
the tentative approval or as each stage of development is completed,
whichever shall first occur.
(3)
Public hearings and approval.
(a)
Within 60 days following receipt of a completed application
for tentative approval of a PRD, with required documentation, a public
hearing pursuant to public notice on such application shall be held
by the Board of Supervisors. Said public hearing may be continued
from time to time but shall be concluded no more than 60 days after
the date of the first public hearing.
(b)
The Board of Supervisors may offer mediation as an aid in completing
proceedings authorized by this Part.
(c)
The Board within 60 days following the conclusion of the public
hearing or within 180 days after the date of filing the application,
whichever occurs first. Official written communication to the developer,
shall be either:
[1]
Grant tentative approval of the preliminary development as submitted.
[2]
Grant tentative approval of the preliminary development plan
subject to specified conditions not included in the preliminary development
plan as submitted.
[3]
Deny tentative approval. Failure to so act within such period
of time shall be deemed to be a grant of tentative approval of the
preliminary development plan as submitted. In the event, however,
that the tentative approval of the preliminary development plan is
granted subject to specified conditions, the developer may within
30 days after receiving a copy of the official written communication
of the Board of Supervisors notify such Board of his refusal to accept
all such conditions, in which event tentative approval of the preliminary
development plan is deemed to be denied. In the event the developer
does not, within said period, notify the Board of Supervisors of his
refusal to accept all said conditions, tentative approval of the preliminary
development plan, with all said conditions, shall stand as granted.
[4]
The grant or denial of tentative approval by official written
communication shall include not only conclusions but also findings
of fact related to the specific proposal and shall set forth the reasons
for the grant, with or without conditions, or for the denial of the
application. Said communication shall set forth specifically in what
respects the development plan would, or would not be, in the public
interest, including, but not limited to, findings of fact and conclusions
on the following:
[a]
In those respects in which the development is or
is not consistent with the Indiana-West Deer Township Joint Comprehensive
Plan for the development of the Township.
[b]
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.
[c]
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.
[d]
The physical design of the development plan and
the manner in which said design does or does not make adequate provision
for public services, provide adequate control over vehicular traffic,
and further the amenities of light and air, recreation and visual
enjoyment.
[e]
The relationship, beneficial or adverse, of the
proposed planned residential development to the neighborhood in which
it is proposed to be established.
[f]
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.
[5]
In the event a development plan is granted tentative approval,
with or without conditions, the Board of Supervisors may set forth
in the official written communication the time within which an application
for final approval of the development plan shall be filed or, in the
case of a development plan which provides for development over a period
of years, the periods of time within which applications for final
approval of each part thereof shall be filed. Except upon the consent
of the landowner, the time so established between grant of tentative
approval and an application for final approval shall not be less than
three months and, in the case of developments over a period of years,
the time between applications for final approval of each part of a
plan shall be not less than 12 months.
(4)
Criteria for tentative approval. The Board of Supervisors may give
tentative approval to a preliminary development plan if, and only
if, it is found to meet the following criteria:
(a)
The proposed preliminary development plan complies with all
standards, restrictions, qualifications, criteria, requirements, conditions,
regulations, and procedures of this Chapter, preserves the community
development objectives of this Chapter and complies with all relevant
county and State regulations.
(b)
Where the proposed preliminary development plan provides standards
varying from those in this Chapter and the Township Subdivision and
Land Development Ordinance otherwise applicable to the subject property,
such departure is in the public interest and promotes the conservation
of the environment, health, safety and general welfare of the public.
(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 of the remaining land are
appropriate with respect to the purpose, use and type of residential
development proposed.
(d)
The physical design of the proposed preliminary development
plan adequately provides for public services, traffic facilities and
parking, light, air, recreation and visual enjoyment.
(e)
The total environment of the proposed preliminary development
plan, including lot layout and design, street configuration and preservation
of natural amenities, is consistent with the neighborhood in which
it is located.
(f)
The proposed preliminary development plan will afford adequate
protection of natural water courses, topsoil, trees, and other features
of the natural environment and will prevent erosion, landslides, siltation
and flooding.
(g)
In the case of a preliminary development plan which proposes
development over a period of years, the terms and conditions thereof
are sufficient to protect the interest of the public and of the residents
of the PRD in the integrity of the final development plan.
(h)
The grant or denial of tentative approval shall include findings
of fact relating to the proposed preliminary development as submitted
for approval and reasons for such decisions shall be set forth with
particularity, including, but not limited to, whether the proposed
preliminary development plan would or would not be in the public interest
with respect to each of the above criteria.
(5)
In the event that a preliminary development plan is given tentative
approval, and thereafter, but prior to final approval, the landowner
shall elect to abandon said preliminary development plan and shall
so notify the Board of Supervisors, in writing; or, in the event the
landowner shall fail to file application or applications for final
approval within the required period of time, or times, as the case
may be, the tentative approval shall be deemed revoked. All that portion
of the area included in the development plan for which approval has
been revoked, shall be subject to all Township ordinances otherwise
applicable, in effect at that time, and the same shall be noted on
the zoning map and in the records of the Township Secretary or Clerk.
(6)
Final development plan (application for final approval). After the
preliminary development plan is tentatively approved by the Board
of Supervisors, the developer shall thereafter submit 12 copies of
the final development plan, which shall consist of detailed plans
for any part or section of the land for which he/she desired final
approval, which final development plan shall constitute the application
for final approval. No building permit shall be issued until after
final approval by the Board of Supervisors of the detailed plans for
the part or section in which the proposed development is located.
Final approval of any detailed plans shall lapse unless construction
is started in that part or section within one year after such approval.
(a)
In the event the application for final approval has been filed,
together with all drawings, specifications and other written communication
of tentative approval, the Board of Supervisors shall, within 45 days
of such filing, grant such final development plan final approval.
(b)
Changes in the location and siting of building structures deemed
to not impact grading, lot access, adjacent right-of-way safety, height,
or other bulk regulations by the Board of Supervisors may be authorized
by it without additional public hearings, if required by engineering
or other circumstances not foreseen at the time the preliminary development
plan was tentatively approved. However, gross and net density established
by the tentatively approved preliminary plan shall not change.
(c)
The final development plan shall comply with the provisions
of other existing ordinances related to development within the Township,
Allegheny County and the Commonwealth of Pennsylvania, and shall include:
[1]
All data required for final plan as specified in the Township's
Subdivision and Land Development Ordinance.
[2]
Accurately dimensioned locations of all proposed buildings,
structures, parking areas and common open space.
[3]
The number of families to be housed in each building or structure
and intended use of each building or structure.
[4]
A statement indicating those units or buildings which will be
retained by the developer, his heirs or assigns for use as rental
properties.
[5]
The landscape development plan, including the location and types
of materials of sidewalks, trails, recreation facilities as permitted
by this Chapter.
[6]
Supplementary data to include any covenants, grant of easements
or other restrictions to be imposed on the use of land, buildings
and structures and provisions for the maintenance, ownership and operation
of common open space facilities.
[7]
An engineering report which shall include the following data
wherever pertinent.
[a]
Profiles, cross sections and specifications for
proposed highway, street or road improvements.
[b]
Profiles and other explanatory data concerning
installation of water distribution systems, storm sewers and sanitary
sewer systems.
[c]
Feasibility report of the proposed sanitary sewer
system in terms of capacity to serve the proposed development.
[8]
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 and shall consider
all factors which contribute to erosion and sedimentation, including,
but not limited to, the following:
[a]
The topographic features of the site area.
[b]
The types depth, slope and extent of the soils
by area.
[c]
The proposed alteration to the site area.
[d]
The amount of runoff from the site area and the
upstream watershed area.
[e]
The staging of earthmoving activities.
[f]
Temporary control measures and facilities of use
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.
[9]
Sub-surface conditions, including data on slope stability and
past or possible future mining activity and operations for oil and
gas.
[10]
A minimum of three sections showing existing and
proposed contours and their relationship to proposed buildings, structures,
highways, streets, roads, parking areas and walkways and to existing
woodlands.
[11]
Location and type of temporary construction or
sales office and equipment parking areas.
[12]
Any additional information required by the Planning
Commission as necessary for it to evaluate the character and impact
of the proposed PRD.
(d)
Should the final development plan as submitted contain variations
from the preliminary development plan given tentative approval, the
Board of Supervisors may refuse to grant final approval and shall
hold a public hearing for comment on the application as revised within
45 days from filing of the application for final approval so advise
the developer in writing of such refusal. In the event of such refusal,
the developer may either:
[1]
Refile his application for final approval without the variations
objected to, in which case the Board of Supervisors shall, within
30 days of such refiling, grant such final development plan final
approval.
[2]
File a written request with the Board of Supervisors for a public
hearing on the refused application for final approval. Any such public
hearing shall be held pursuant to public notice, within 30 days after
request for the hearing is made by the landowner. Within 30 days after
the conclusion of the hearing, the Board of Supervisors shall, by
official written communication, either grant final approval to the
development plan, or deny final approval.
[3]
In the event the developer shall fail to take either of the alternate actions set forth in Subsection B(6)(d)[1] or [2] above within 30 days from such written refusal, he or it shall be deemed to have abandoned the final development plan.
(e)
The final development plan, or any part thereof, which has been
given final approval shall be so certified without delay by the Board
of Supervisors and shall be recorded forthwith by the developer in
the office of the Recorder of Deeds of Allegheny County before any
development shall take place.
(f)
If the sequence of construction of various portions of the development
is to occur in stages, then the common open space and/or recreational
facilities shall be developed, or an adequate development commitment
made thereto, in proportion to the number of dwelling units intended
to be developed during any given stage of construction as approved.
Furthermore, at no time during the construction of the development
shall the number of constructed dwelling units per acre of developed
land exceed the overall density per acre established by the approved
final development plan.
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 Board of Supervisors in writing; or, in the event
the landowner shall fail to commence and carry out the PRD within
such reasonable period of time as established by the Township's Subdivision
and Land Development Ordinance after final approval has been granted,
no development, or further development, shall take place on the property
included in the development plan until after the said property is
reclassified by enactment of an amendment to this Chapter of West
Deer Township, as amended.
A.
Density. See § 210-11A. The Board of Supervisors reserves the right to make a density level more restrictive in any part of the proposed PRD where it determines that:
(2)
There is unsafe or inadequate vehicular access to the proposed development.
(3)
Traffic congestion of adjoining highways, streets or roads will be
generated which is beyond the safe carrying capacity thereof as determined
by accepted standards.
(4)
There is another unsafe condition created by any part of the developer's
proposed density level.
B.
Lot and building or structure requirements.
(1)
Lot size. Every one-family dwelling shall have access to a common
street, road, court, walk or other area available for use. No other
structure or group of structures shall be erected within 30 feet in
the R-2 District, 25 feet in the R-3 District and 20 feet in the R-4
District of any other structure or group of structures.
(2)
Buffer. There shall be a buffer yard of at least 25 feet along the
entire perimeter of each PRD tract in zones R-3 and R-4, within which
no construction or disturbance of existing vegetation shall be permitted
except as specifically provided for. Similarly, the buffer yard along
the entire perimeter of each PRD tract in zone R-2 should be at least
50 feet.
(3)
No more than eight multi-units (two-quad units) can access a private
driveway. Driveway must be a minimum of 16 feet wide.
(4)
Length. There shall be no continuous building or structure of townhouses
containing more than five dwelling units.
(5)
All buildings and structures on the perimeter of the development
must be well-screened in a manner approved by the Township. Such screening
shall be reflected in the general landscape plan.
(6)
Location of buildings or structures. The proposed location and arrangement
of buildings or structures shall be such that sunlight or air from
the direction of adjacent buildings or structures within the development
site area or from existing buildings or structures located adjacent
to the proposed development, are not obstructed to the extent that
such arrangement is possible. Fire and emergency vehicle access to
front, rear or sides of buildings cannot be blocked by structures.
Building facades shall vary so as to not create a continuous plane
among attached dwellings.
C.
Common open space.
(1)
Area limitation. Within a PRD, the following percentages of the total
gross land area shall be devoted to specified use as indicated herein:
(a)
A minimum of 30% of the net site area, exclusive of road rights-of-way,
easements and stormwater detention facilities, shall be set aside
and preserved for common open space. In developments where fee-simple
lots will be created for the residential units, all common open space
shall be located in stand-alone lot(s) to be owned as hereinafter
required. In condominium developments, all common open space shall
be depicted on the condominium document plans. Common open space shall
not include buildings (excluding recreational structures) and the
area within the minimum required front, side, and rear yard setbacks
for any buildings (excluding recreational structures). In addition,
easements and stormwater detention facilities which are located within
common open space shall not be included in the calculation of total
common open space area.
(b)
A maximum of 70% of the net site area may be devoted to residential
use, which shall include residential lots, buildings (excluding recreational
structures), the area within the required front, side, and rear yard
setbacks for any buildings (excluding recreational structures), driveways,
and parking areas.
(2)
Protection of common open space. Common open space shall be protected
by covenants approved by the Township Solicitor and running with the
land or by conveyances or dedications. A PRD shall be approved subject
to the submission of a legal instrument or instruments setting forth
a plan and schedule for permanent care and maintenance of such space,
recreational area and communally owned facilities. No such instrument
shall be acceptable until approved by the Board of Supervisors following
review by the Township Solicitor as to legal form and effect. In cases
where West Deer Township will not be accepting dedications of alleys,
recreation area or common open space, the developer shall provide
for an organization, or homeowners' association, for ownership and
maintenance thereof.
(3)
Common open space maintenance. In the event that the organization
established to own and maintain common open space, or any successor
thereto, shall at anytime after establishment of the final development
plan fail to maintain the common open space, including all alleys,
driveways and recreational facilities, in reasonable order and condition
in accordance with the final development plan, the Township may take
remedial action toward the identified organization or homeowner's
association to cause the common open space to be properly maintained,
as provided by the Pennsylvania Municipalities Planning Code, as amended.
Any costs incurred by the Township shall be charged to the organization
or homeowners' association as applicable.
D.
Principal uses.
(1)
Land and buildings in a planned residential development may be used
for the following purposes:
(a)
Single-family dwellings.
(b)
Duplexes.
(c)
Quadplexes.
(d)
Townhouses.
(e)
Recreation facilities which are for the use of residents of
the development and which shall only include hiking, walking or bicycle
trails, tennis, paddle tennis, basketball and volleyball courts, putting
greens, swimming pool and related facilities; and such additional
recreational uses as deemed appropriate by the Township.
(2)
Parking. Parking shall be provided as follows:
(a)
There shall be a minimum of one twenty-two-foot-wide garage
attached to each dwelling unit. Such space shall be situated under
cover.
(b)
There shall be a minimum of one ten-foot by eighteen-foot off-street
parking space, excluding driveway for every two dwelling units in
the PRD for visitor parking, placed within 100 feet of the dwelling
units generating the need for such parking.
(c)
Visitor parking areas shall be designed to minimize excessive
numbers of vehicles in any one area. Continuous rows of more than
six vehicles shall be interrupted with a landscaped island.
(3)
Circulation.
(a)
Vehicular access within the PRD shall be designed to permit
smooth traffic flow with the minimum hazard to vehicular or pedestrian
traffic at intersections.
(b)
A pedestrian circulation or walkway system shall be established
where stipulated by the Township and that system shall be reasonably
segregated from vehicular traffic.
(c)
Streets and roads in a PRD should be designed and built to Township
specifications and dedicated to public use but may be retained under
private ownership. Any such dedication is not binding on the Township
unless and until it is accepted by the enactment of an ordinance to
that effect.
A.
The Board of Supervisors shall request an approved performance bond,
irrevocable letter of credit, or such other acceptable security as
determined by the Board of Supervisors following review by the Township
Solicitor, to be furnished and filed with the Township Secretary.
An escrow agreement and account approved by the Board of Supervisors
as to form and content shall be required in the amount of 110% of
the estimated construction costs and engineering for each stage of
development. All estimates of cost to be approved by the Township
Engineer. Such escrow amount shall accompany the request for final
approval of the final development plan to insure completion of all
public and private site improvements, streets, roads, parking areas,
sewers, utilities, recreation facilities, stormwater management facilities,
landscaping, plantings and screening.
B.
Before any grading or building permit may be issued in regard to
the PRD, all agreements, contracts, deed restrictions, other instruments
and sureties shall be in a form acceptable to the Township.
A.
At the time of application for tentative approval and/or final approval
of a PRD or a phase or section thereof, a fee established by the Board
of Supervisors for review shall be payable to the Township.
B.
In addition, all applicable building permit fees adopted by the Township
from time to time shall apply and be paid. The developer shall also
place into escrow sufficient funds as determined at the time of final
approval application, to provide for necessary Township contracted
services including, but not limited to, engineering, legal costs,
advertising and stenographic services.
