The purposes of this section, which shall regulate development standards for subdivisions, land developments, and Planned Residential Developments, are to effectuate the community development objectives set forth in Chapter
84, Zoning, of the Township of Pine Code and, in particular, to preserve and to protect the existing natural environment and natural resources of the Township by requiring preservation and only limited, controlled disturbance of wetlands, woodlands and steep slopes and by establishing standards for revegetation, landscaping, construction of buffer yards and common open space and/or public land areas for recreation. The design standards of this section shall serve to assure that any land development within the Township is controlled and of a high quality so as to:
A. Eliminate visual and physical blight;
B. Preserve the natural topography and steep slope areas;
C. Preserve woodlands and trees of significance;
D. Control erosion, flooding, sedimentation and other
soil and water management problems;
E. Prevent ecological problems resulting from too-extensive
cut and fill operations;
F. Encourage innovative planning, increase environmental
protection and provide neighborhood recreation opportunities by concentrating
development to prevent sprawl and through imaginative use of common
open space, public areas and a comprehensive trails and pedestrian
easement system; and
G. Encourage the correlation of housing types and the
density thereof with the natural topography, environmental conditions
and capacity of infrastructure and community facilities.
All subdivisions and land developments shall
comply with the provisions of this section, as set forth below:
A. All proposed subdivisions and land developments shall comply fully with all then-existing zoning and other applicable Township ordinances, rules and regulations, unless a waiver, modification or variance is granted pursuant to §
78-53B of this chapter and is attached to the final plan.
B. All proposed subdivisions and land developments shall
comply fully with the statutes, ordinances, rules and regulations
governing any matter directly related to subdivisions and land developments
which are then effective by action of the county, commonwealth and
federal government unless a modification or exception is granted,
in writing, by the appropriate authority and is attached to the final
plan.
C. Subdivision and land development standards contained
herein are regarded as the minimum requirements and designs should
reflect the principles in the community development objectives, as
well as newly developed concepts of improved design.
D. Existing natural features, such as trees, trees of
significance, steep slopes, watercourses, wetlands, woodlands, historic
and scenic spots and similar natural resources and assets, shall be
preserved through harmonious and innovative design and by design of
subdivisions and land developments in strict accordance and compliance
with the Development Standards of this chapter.
E. All lands, regardless of their slope, from which structures or natural cover have been removed or otherwise destroyed, shall be appropriately graded and seeded according to the specifications as set forth in this chapter and Chapter
84, Zoning, of the Township of Pine Code. Siltation and erosion are to be controlled as per the then-current Pennsylvania Department of Environmental Protection specifications.
The purpose of the standards contained in this
section is to preserve, enhance, and promote the use and retention
of common open space and recreation areas in subdivisions and land
developments within the Township. The intent is to help preserve the
Township's rural character and to promote common open space for both
passive and active recreation opportunities. These standards will
provide the opportunity to organize the preservation of steep slopes,
wetlands and watercourses, woodlands and the provision for stormwater
management requirements within a logical, unified zone and require
the connection of the common open space provided in private developments
to lands and trails specified in the Township's Greenway Plan and
to the Township's adopted 1992 Recreation, Park and Open Space Plan, as amended.
A. The provisions of this section shall apply to residential
developments greater than 10 acres in size and having over 10 residential
units and land developments over 10 acres in size, in addition to
the requirements of § 78-124, except that simple subdivisions
shall be exempt from the requirements of this section.
B. Standards for common open space preservation. The
following minimum standards shall be required for areas to be preserved
as common open space in proposed subdivisions or land developments.
(1) Common open space shall be used to provide preservation
of natural resource features to the following standards:
(c)
Streams and the areas within 50 feet of each
side of the stream bank: 100%.
(e)
Slopes ranging from 15% to 25%: 40%.
(f)
Slopes greater than 25%: 80%.
(2) On portions of the site where two or more of the above-named
natural features overlap, only the natural feature which has the highest
preservation standard shall be used.
(3) To the greatest extent possible the following additional
requirements shall be applicable to common open space:
(a)
Common open space land shall consist of one
parcel of ground, which, while it may vary in its width, shall be
continuous, and not less than 40 feet in with at any point.
(b)
Common open space shall to the extent possible
be located in an accessible, usable manner in proximity to the majority
of all residents of the development.
(c)
In developments that abut the Township's Greenway
Plan and/or preexisting dedicated parks or common open spaces, the
common open space shall be located adjacent to those areas. Public
access through easements through the common open space to such preexisting
areas shall be required.
(d)
Common open space land shall not be contained
within any lot within the subdivision, except provided herein. Common
open space shall be publicly dedicated or, upon agreement of the Township
and the subdivider/developer, may be deeded to a homeowners' association
created for the subdivision or land development (if one is to be created)
or reserved upon private lots for those developments without a homeowners'
association. In the event that such common open space is to be deeded
to a homeowners' association created for the subdivision or land development
or to be preserved upon private lots, then such areas shall be required
to be subject to restrictive covenants, acceptable to the Township
and sufficient to preserve the character of the common open space
in any deed thereafter.
C. Fee in lieu of the dedication of active recreation
land. When a property owner/developer chooses to pay a fee to the
Township in lieu of the dedication of active recreation lands required
herein, said fee shall be calculated as follows:
(1) The applicant shall identify the land area that would
be otherwise publicly dedicated pursuant to the provisions of this
section and submit a reasonably accurate plan showing such location
to the Parks and Recreation Commission for their review and recommendation
to the Board of Supervisors, followed by a metes and bounds description
of such land area at the time of the filing of the application for
final approval of subdivision or land development.
(2) The applicant shall submit an estimated value of the
land area described in this section to the Parks and Recreation Commission
for their review and recommendation to the Board of Supervisors, followed
by a real estate appraisal of the fair market value of the land area
described in this section at the time of the filing of the application
for final approval of the subdivision or land development. Such real
estate appraisal shall have been made by a licensed real estate appraiser
in accordance with standard real estate appraisal practices and shall
have been made no earlier than 30 days prior to the date of the filing
of the applicant's request for final approval of the subdivision or
land development approval.
(3) In the event that the Township determines the fair
market value of such land area contained in the applicant's real estate
appraisal to be fair and reasonable, the applicant shall pay such
approved fair market value to the Township in lieu of the public dedication
of such land. The payment of such fair market value shall be a condition
precedent to final plan approval of the subdivision or land development
and shall be made in full within 30 days of the date of such final
plan approval by the Township.
(4) In the event that the Township disputes the fair market
value of the land area as contained in the applicant's real estate
appraisal, it shall notify the applicant of it prior to its action
to approve/disapprove such final subdivision or land development plan.
The Township and the applicant shall then jointly, by mutual agreement,
appoint another licensed real estate appraiser to appraise the fair
market value of such land area and such appraisal shall be binding
upon the parties. Such jointly selected real estate appraiser shall
not have been retained by or performed services for either the Township
of Pine of the applicant within the preceding three years.
(5) One half of the professional fee of the licensed real
estate appraiser jointly appointed by the Township and the applicant,
shall be paid by the Township and the other half shall be paid by
the applicant.
(6) Nothing contained herein shall be construed to prevent
the applicant and the Township from reaching other mutual agreements
as to the fair market value of the land area, which is the subject
of a fee in lieu of its public dedication.
D. The park or recreation land (or the fees paid in lieu
thereof) shall be used by the Township for the purpose of providing
park or recreation facilities, which are available to the residents
or occupants of the subdivision/land development from which they are
received.
E. Any fees collected by the Township pursuant to this
section shall be maintained, expended and refunded in accordance with
he requirements of Section 503(11) of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10503(11).
Permanent monuments shall be accurately set
and established at the intersections of all outside boundary lines
of the plat; at intersections of those boundary lines with all street
lines; at diagonally opposite corners of each street intersection;
at the beginning and end of all curves; at points on curves where
the radius or direction changes; and at such other points as are necessary
to establish definitely all lines of the plan except those outlining
individual lots. In general, permanent monuments shall be placed at
all critical points necessary to correctly lay out any lot in the
subdivision.
The developer shall submit a report prepared
by a registered engineer setting forth the proposed method of disposing
of sewage and the basis of such determination in accordance with the
following:
A. If a subdivision or development is within reasonable
distance of an existing public sanitary sewer, a report on the feasibility
of connection to public existing sewerage system shall be made. This
study shall include the distance from the nearest existing public
sewer and the capacity of the existing system intended to handle the
additional sewage load.
B. If connection to an existing public sewerage system
is not deemed to be feasible, the feasibility of constructing a separate
community sewerage system and treatment works shall be investigated.
This study shall give the location of the treatment works, receiving
stream, type of plans, degree of treatment, and design population.
C. In the event that neither A or B is reasonably feasible,
formal application to the appropriate agencies of the federal, commonwealth
and county government and the resulting approval shall be required.
D. Individual sewage disposal facilities. In the event
that it is not feasible to connect to an existing public sewage system
or construct a separate community system, consideration may be given
to the installation of on-lot sewage disposal systems for the subdivision
or development.
E. All sanitary sewage disposal systems, whether public,
community or individual, shall comply with and be subject to all applicable
requirements of the Pennsylvania Department of Environmental Protection,
the Allegheny County Health Department and the municipal sanitary
authority (if any) which shall accept such sewage for treatment and/or
disposal, and proof thereof shall be submitted by the subdivider or
developer.
All roads shall be subject to the standard details and Chapter
72 of the Township of Pine Code.
Street and traffic control signs and devices
shall be of the type approved by the Township Engineer and shall be
installed by the developer at no cost to the Township, in accordance
with Township's and PENNDOT standards at locations specified by the
Township or required by PENNDOT.
The purpose of this section is to preserve existing
tree vegetation by recognizing the environmental, aesthetic, and economic
benefit of trees, to alleviate soil erosion, to control stormwater
management and to reduce the harmful effects of land disturbance to
adjacent lands and watercourses.
A. Requirement standard. The standards contained in this §
78-48 shall apply to all land development or subdivision plans containing 10 acres or more.
B. Woodland preservation and protection of significant
or unique trees shall be according to the following standards:
(1) No more than 60% of a woodlands may be cleared or
developed. The remaining 40% shall be maintained as permanent open
space.
(2) All trees, which are identified to be retained on
the development site, shall be protected during construction by the
placement of a physical barrier outside of the drip area of all such
trees.
(3) All trees of significance (those trees with a DBH
of 12 inches or greater), which are located within the area of disturbance
shall be preserved unless:
(a)
The tree is diseased or dead; or
(b)
The removal of the tree is mitigated pursuant to §
78-48E.
(4) Trees are not to be cleared unless they are located
within an area approved for grading, or the area to be occupied by
a structure, or can be clearly demonstrated that the tree or trees
are detrimental to the proposed development.
C. Preservation of woodlands as described above is limited
based on prioritization of site specific resources intended to be
preserved, as follows:
(1) Wooded slopes of 15% to 25%: no more than 60% of such
areas shall be cleared.
(2) Wooded slopes of 25% or more: no more than 20% of
such areas shall be cleared.
(3) Wetlands and stream corridors: no clearing within 50 feet of designated wetlands as identified by the preapplication review required for subdivisions and land developments in Chapter
78 or Chapter
84, Zoning, of the Township of Pine Code or within 50 feet of a blue-lined stream as identified by United States Geological Survey mapping.
(4) Drainageways: no more than 50% of such areas shall
be cleared, and their development shall be limited to recreational
and open space uses.
(5) buffer yards not falling in the above categories,
where existing woodlands occur: no more than 50% of such areas shall
be cleared.
D. Replacement and mitigation standards. Replacement
of existing woodlands and site vegetation cleared for site improvements
shall be according to the following standards:
(1) Tree replacement shall be compatible to the existing
native vegetation found or cleared from the site. Tree types, deciduous
or conifer, and tree species shall be required to be matched for replacement
vegetation.
(2) Woodland replacement shall be on a one-fourth-to-one
basis. If one acre is cleared, 1/4 acre is to be replaced.
(3) Minimum width of new planting areas shall be 25 feet
wide.
(4) Woodlands shall be established in new, unforested,
or nonvegetated areas on the property and should be contiguous where
possible.
(5) Plant material requirements for replacement/mitigation
shall be as required below. Plant materials shall be pursuant to one
of the below-described options:
|
Option
|
Tree Type
|
Units/Acre
|
Minimum Size
|
---|
|
1
|
Large canopy trees
|
30
|
21/2 inches caliper
|
|
2
|
Large canopy trees
|
20
|
21/2 inches caliper
|
|
|
Understory trees
|
30
|
1 1/2 inches caliper
|
|
3
|
Large canopy trees
|
10
|
2 1/2 inches caliper
|
|
|
Understory trees
|
15
|
1 1/2 inches caliper
|
|
|
Deciduous shrubs
|
70
|
30 inches spread and height
|
|
4
|
Understory trees
|
20
|
1 1/2 inches caliper
|
|
|
Deciduous shrubs
|
100
|
30 inches spread and height
|
|
5
|
Conifers
|
45
|
5 feet height
|
(6) Existing vegetation preserved on the site shall not
be included in the above counts required for new plantings and replacement
vegetation.
(7) Tree replacement of existing woodlands and site vegetation cleared
for grading of slopes shall be replaced in the same locations as cleared
to reforest slopes and shall be compatible to the existing native
vegetation found or cleared from the site.
[Added 3-15-2021 by Ord. No. 393]
E. Trees of significance. Any tree of significance removed
for new development shall either be replaced or mitigated as follows:
(1) On-site mitigation of the removed tree of significance
shall be as follows:
(a)
Any tree of significance removed for new development
with a DBH between 12 inches and 24 inches shall either be replaced
with one six-inch caliper DBH tree; two four-inch caliper DBH trees;
or four three-inch caliper DBH trees elsewhere on the development
site.
(b)
Any tree of significance removed for new development
with a DBH greater than 24 inches shall either be replaced with two
six-inch caliper DBH trees; four four-inch caliper DBH trees; or eight
three-inch caliper DBH trees elsewhere on the development site.
(c)
Any unauthorized removal of a tree of significance for new development
with a DBH greater than 12 inches shall be replaced with a tree of
same diameter and species unless otherwise approved by the Township.
[Added 3-15-2021 by Ord. No. 393]
(2) When on-site mitigation is not possible due to the
nature of the site, off-site mitigation of the removed tree of significance
may be permitted as follows:
(a)
Any tree of significance removed for new development
with a DBH between 12 inches and 24 inches shall either be replaced
with one six-inch caliper DBH tree; or two four-inch caliper DBH trees;
or four three-inch caliper DBH trees at a location mutually agreed
by the developer and the Township.
(b)
Any tree of significance removed for new development
with a DBH greater than 24 inches shall either be replaced with two
six-inch caliper DBH trees; four four-inch caliper DBH trees; or eight
three-inch caliper DBH trees at a location mutually agreed by the
developer and the Township.
(c)
Payment to the Township of Pine the amount otherwise
costing the developer to purchase and install the trees for mitigation
which will be used at the Township's discretion to install trees where
the Township deems appropriate.
F. Maintenance. Developer/owner shall be responsible
to replace all dead or damaged trees installed pursuant to these requirements
for a period of two years after the installation date of the vegetation
described herein.
G. Additional clearing in excess of the above. The developer
shall plant new woodlands at 1.25 times the surface acreage of disturbed
area for that portion which exceeds the above requirements for areas
of disturbance, which exceeds 60% of woodlands.
The purpose of this section is to promote avoidance
of wetlands and to preserve existing wetlands, streams, and watercourses
to the maximum extent possible in an effort to control flooding, to
preserve the ecological balance and to provide wildlife habitats within
the Township.
A. Requirement standard. These standards shall apply
to all land development or subdivision plans when wetlands are suspected
on the development site or watercourses are on the development site.
B. Requirement standards.
(1) The following requirements shall apply to subdivisions
and land developments:
(a)
Upon submittal of wetlands data to the Environmental
Advisory Council as part of the preapplication requirements and after
its review, if it is determined that wetlands may exist, the applicant
shall submit evidence to the Township that it has contacted the commonwealth's
Department of Environmental Protection and appropriate federal agencies
to determine the applicability of state and federal wetland regulations.
Any approval shall be contingent upon full compliance with any requirements
of these agencies.
(b)
For subdivisions or land developments over 25
acres or planned residential developments of any size, the applicant
shall prepare a Stage One Wetland Delineation Report, as defined by
the Department of Environmental Protection, prepared by a certified
engineer knowledgeable in wetland delineation for submittal.
C. Standards for preservation. Subdivision or land development
may not affect any wetland, perennial stream, or watercourse as follows:
(1) No disturbance shall be permitted within 50 feet of
any watercourse or perennial stream. For the purpose of this subsection,
"watercourse or perennial stream" shall mean any non-intermittent
stream, run, river, or other flow of water that supports or is capable
of supporting year-round aquatic fauna.
(2) No disturbance shall be permitted that would require
encroachment, regrading or the placement of fill in wetlands either
in violation of any state or federal regulations or within 50 feet
of such wetlands.
D. Mitigation standards. Approved mitigation and enhancement
plans as approved by the Township and the Department of Environmental
Protection shall be required as necessary.