The purposes of this article are to:
A.
Ensure that the provisions of the Shaler Township Zoning Chapter
which are concerned with the uniform treatment of dwelling type, bulk,
density and open space within each zoning district shall not be applied
to the improvement of land by other than lot-by-lot development in
a manner which would distort the objectives of this chapter.
B.
Encourage innovations in residential development and renewal so that
the growing demand for housing may be met by greater variety in type,
design and layout of dwellings and by the conservation and more efficient
use of open space ancillary to said dwellings.
C.
Provide greater opportunities for better housing and recreation for
all who are or will be residents of the Township.
D.
Encourage a more efficient use of land and public services and to
reflect changes in the technology of land development so that the
economies so secured may enure to the benefit of those who need homes.
E.
Encourage more flexible land development which will respect and conserve
natural resources, such as streams, lakes, floodplains, groundwater,
wooded areas, steeply sloped areas and areas of unusual beauty or
importance to the natural ecosystem.
F.
Encourage innovations in residential developments that are designed
to minimize energy consumption and maximize recycling of materials
in their layout, transportation, climate control, energy sources and
solid and liquid waste treatment systems.
G.
In aid of these purposes, provide a procedure which can relate the
type, design and layout of residential development to the particular
site and the particular demand for housing existing at the time of
development in a manner consistent with the preservation of the property
values within existing residential areas and to assure that the increased
flexibility of regulations over land development established hereby
is carried out pursuant to sound, expeditious and fair administrative
standards and procedures.
No application for tentative approval of a planned residential
development shall be considered or approved unless the following conditions
are met:
A.
The tract proposed for a planned residential development consists
of a contiguous area of at least five acres.
B.
The development will be served by all utilities, including sanitary
sewers, storm sewers, waterlines, gas, electricity and stormwater
management, which shall be in place and capable of functioning prior
to the construction of any principal buildings within the planned
residential development or any stage thereof.
C.
The proposed development is found to be generally consistent with
the Comprehensive Plan for Shaler Township.
D.
The planned residential development shall be permitted as a conditional
use in all zoning districts of the Township meeting the requirements
of this article.
E.
The tract of land to be developed shall be in one ownership or, if
in multiple ownership, shall be developed according to a single plan
with common authority and responsibility.
A planned residential development may include the following
uses:
A.
Residential uses, including detached, semidetached, attached (e.g.,
townhouse, multifamily) or multistoried (e.g., garden apartment, apartment)
structures or any combination thereof.
B.
Commercial and institutional uses, to the extent that they are designed
and intended primarily to serve the residents of the planned residential
development.
C.
Recreational uses deemed appropriate by the Board of Commissioners
for incorporation into the design of the development.
D.
No-impact home-based businesses as an accessory use, subject to the
use restrictions and requirements of an R-1 Limited One-Family District.
A.
General site design and natural features analysis. A well-designed
planned residential development, integrated with existing social and
natural processes and making efficient use of common services, should
be an asset to the community. The site designer and architect, working
together, must demonstrate to the satisfaction of the Township Planning
Commission and Board of Commissioners that they have considered both
the opportunities provided and the constraints imposed by the existing
natural and social features, both on and off the site of the proposed
development, in determining site layout (including the selection of
areas for open space) and design of structures. In order to determine
which specific areas of the total planned residential development
site are best suited for high-density development, which areas are
best suited for lower-density development and which areas should be
preserved in their natural state or utilized as active open space
areas, a thorough analysis of the natural features of the site will
be required.
(1)
The following subject categories must be included in this analysis:
(a)
Hydrology. Analysis of natural drainage patterns and water resources,
including an analysis of streams, natural drainage swales, ponds or
lakes, marsh areas, floodplain areas, wetlands, permanent high-water
table areas and seasonal high-water table areas throughout the site.
(b)
Geology. Analysis of characteristics of rock formations underlying
the site, including delineation of aquifers (particularly those locally
subject to pollution), shallow bedrock areas and areas in which rock
formations are unstable.
(c)
Soils. Analysis of types of soils present in the site area,
including delineation of prime agricultural soil areas, aquifer recharge
soil areas, unstable soils, soils most susceptible to erosion and
soils suitable for urban development. The analysis of soils will be
based on the Allegheny County Soil Survey (United States Department
of Agriculture Natural Resources Conservation Service).
(d)
Topography. Analysis of the site's terrain, including mapping
of contours and delineation of slope areas greater than 25%, between
15% and 25%, between 8% and 15%, and less than 8%.
(e)
Vegetation and wildlife. Analysis of tree and plant cover and
wildlife habitats of the site, emphasizing the location of woodland
and meadowland areas. Dominant tree, plant and animal species should
be identified and the characteristics of each recognized.
(f)
Microclimate. Analysis of seasonal temperatures, seasonal precipitation,
seasonal prevailing winds and daily hours of sunlight in specific
areas of the planned residential development site.
(2)
The Board of Commissioners shall require site planning to be
in accord with the results of such analysis and may require modifications
where, in its opinion, site planning has been insufficiently attentive
thereto.
B.
Density and amount of open space.
(1)
The maximum allowable average gross residential density for
planned residential developments shall be equal to the same number
of dwelling units per acre of land as allowed in the most permissive
zoning district in the Township, except that higher densities may
be allowed in accordance with the bonus provisions contained in this
section. In no event shall the average gross residential density exceed
1.25 times the dwelling units per acre as allowed above.
(2)
Supplemental facilities for commercial services to serve the
residents of the planned residential development and for recreational
purposes may be provided within a planned residential development,
based upon the following requirements:
(b)
No convenience commercial facilities may be provided unless
the planned residential development shall contain a minimum of 300
dwelling units, in which case a maximum of 3,600 square feet of gross
leasable floor space may be provided. The total of such floor space
may be increased by an additional 15 square feet for each dwelling
unit in excess of 300 within the planned residential development.
(3)
Not less than 25% of the gross acreage of the tract proposed
for planned residential development shall be designated and devoted
to common open space.
(4)
The Zoning Hearing Board may grant a variance to permit that
not less than 15% of the gross acreage of the tract proposed for the
development shall be designated as and devoted to common open space,
provided that unnecessary hardship upon the applicant is proven, and
provided, further, that all other applicable requirements of this
chapter are met.
C.
Density bonus. Permissible average gross residential density may be increased, up to the maximum set forth in Subsection B(1) hereof, by incorporation of the following features, either alone or in combination, into the planned residential development:
(1)
Additional open space. For each additional percentage point
of land in common open space above 25%, the average gross residential
density may be increased by 0.25%.
(2)
Achievement of other purposes. The Board may grant a density
bonus to achieve other purposes, such as historic preservation, outstanding
site planning and design, unusual measures for environmental enhancement,
etc.
D.
Design, bulk and location standards.
(1)
Site design.
(a)
All housing shall be designed with regard to topography and
natural features of the site. The effects of prevailing winds, seasonal
temperatures and hours of sunlight on the physical layout and form
of the proposed buildings shall be taken into account.
(b)
Housing and other facilities near the periphery of the planned
residential development shall be designed so as to be harmonious with
neighboring areas.
(c)
Development in environmentally sensitive areas is subject to
the following limitations:
|
Type of Land
|
Limitation
| |
|---|---|---|
|
Floodplain area
|
No units permitted
| |
|
Wetlands
|
No units permitted
| |
|
Slope of 25% or more
|
No units permitted
| |
|
Slope of 15% to 25%
|
Maximum total disturbance of soil by methods, including, but
not limited to, cutting, grading, filling, bulldozing, plowing, regrading,
digging or defoliation, shall not exceed 5% of the total area within
a 15% to 25% slope
|
(2)
Conservation of trees and natural features.
(a)
The development shall be designed and programmed so as to minimize
earthmoving, erosion, tree clearance and the destruction of natural
amenities.
(b)
No portions of tree masses or trees with eight inches or greater
diameter at breast height (dbh) shall be removed unless clearly necessary
for effectuation of the proposed development. Developers shall make
all reasonable efforts to harmonize their plans with the preservation
of existing trees.
(c)
When effectuation of a proposed planned residential development
necessitates the clearing of trees or portions of tree masses, the
developer shall be guided by the following criteria in selecting trees
and ornamentals of retention or clearing:
[1]
Aesthetic values (autumn coloration, types of flower and fruit,
bark and crown characteristics and amount of dieback present).
[2]
Susceptibility of tree to insect and disease attack and to air
pollution.
[3]
Species longevity.
[4]
Wind firmness and capability of soil to hold trees.
[5]
Wildlife values (e.g., oak, hickory, pine, walnut and dogwood
have high food value).
[6]
Comfort to surroundings (e.g., hardwoods reduce summer temperatures
to surroundings more effectively than pines or cedars).
[7]
Existence of disease, rot or other damage to the tree. (Trees
in poor physical condition should be removed.)
[8]
Protection of buildings (e.g., dead and large limbs hanging
over buildings should be removed).
[9]
The size of the tree at maturity.
(d)
Developers shall exercise care to protect remaining trees from
damage during construction. The following procedures shall be utilized
in order to protect remaining trees:
[1]
Where existing ground levels are raised, drainage tiles shall
be placed vertically at the old soil level and tops brought up to
the surface of the ground and filled with coarse, crushed stone or
gravel. The tiles should be placed to the perimeter of the dripline
of the tree and at a maximum of four feet apart.
[2]
Trees within 25 feet of a building or bordering entrances or
exits to building sites shall be protected by a temporary barrier.
[3]
No boards or other material shall be nailed to trees during
construction.
[4]
Heavy equipment operators shall be warned to avoid damaging
existing tree trunks and roots. Roots shall not be cut closer than
the tree's dripline.
[5]
Tree trunks and exposed roots damaged during construction shall
be protected from further damage by being treated immediately with
professional procedures.
[6]
Tree limbs damaged during construction shall be sawed flush
to tree trunks and treated immediately with tree paint.
[7]
The operation of heavy equipment over root systems of such trees
shall be minimized in order to prevent soil compaction.
[8]
Nondormant trees shall be given a heavy application of fertilizer
to aid in their recovery from possible damage caused by construction
operations.
[9]
Construction debris shall not be disposed of around or near
the bases of such trees except for mulched vegetative matter used
to prevent soil compaction.
(e)
Trees with a minimum diameter at breast height of two inches
shall be provided by the developer where deemed necessary by the Board
to mitigate the loss of existing trees. Unless clearly unfeasible,
native species shall be utilized.
(3)
Area spacing and yard requirements. The front yard depth; rear
yard depth; side yard width, each side; and side yard width abutting
street of all dwelling units and other structures in a planned residential
development shall not exceed the requirements of the R-5 Zoning District.
(4)
Height regulations. No structure shall exceed the maximum height
requirements of the R-5 Zoning District.
(5)
Street and walkways.
(a)
The design, dimensions and construction of all streets shall
comply with applicable standards in the Shaler Township Subdivision
and Land Development Ordinance.[1] Where the Board finds that the purposes of this chapter
will be better served, however, it may modify the terms of the Subdivision
and Land Development Ordinance, provided that a comparable level of
performance will be achieved.
(b)
The street and walkway systems shall be designed so as to relate
harmoniously with land uses and adjacent streets and to minimize through
traffic in residential areas. All residential parking and recreational
areas shall be connected by pedestrian walkways. Walkways that connect
residential areas and parking areas shall be of a durable, all-weather
surface satisfactory to the Board.
(c)
Separation of vehicular from pedestrian and bicycle traffic
is encouraged. Where pedestrian walkways are not within a street right-of-way,
a walkway easement at least 10 feet in width shall be designated.
Where a walkway crosses over open space land, however, the easement
shall not be subtracted from the open space land for purposes of calculating
the area thereof.
(d)
Where dwelling units front on a perimeter collector street,
no direct vehicular access from the lot or tract to the collector
street shall be permitted.
(6)
Parking. All planned residential developments shall have the
minimum number of off-street parking spaces for each dwelling unit
and structure as set forth in this chapter.
(7)
Lighting.
(a)
All common parking areas, steps, ramps, walkways of high pedestrian
use and directional signs shall be adequately lighted.
(b)
The Board may require lighting in other areas for reasons of
public safety.
(c)
All above-required lighting and all external lighting fixtures
appurtenant to a structure shall be shielded from all residential
properties and from all rights-of-way so as to eliminate light glare
beyond an angle of 35° from a vertical plane. No such lighting
shall violate the applicable standards set forth elsewhere in this
chapter.
(9)
Landscaping and buffers.
(a)
All common parking areas shall be landscaped with trees and
shrubs of varying species. At least one shade tree of minimum diameter
at breast height of two inches and height of six feet on each side
of the street shall be provided within the interior of each parking
area for every five parking spaces.
(b)
Shade trees of varying species shall be planted along all streets
outside the street right-of-way. At least one tree of minimum diameter
at breast height of two inches and height of six feet on each side
of the street shall be provided for each 25 feet of street length
or fraction thereof.
(c)
The Board shall require that, along the entire perimeter of
the tract proposed for a planned residential development or identified
segments thereof, a planting strip be installed that adequately meets
the following criteria:
[1]
All existing trees two inches or more in diameter at breast
height and/or six feet or more in height shall be preserved, except
when cutting thereof is specifically approved by the Board or is necessary
for ensuring adequate sight distance.
[2]
The amount, density and types of planting shall be based upon
physiographic features, feasibility of using native species, proximity
to existing dwellings, compatibility of adjacent uses and natural
views. Where adjacent property has been developed in such a manner
that privacy from the planned residential development is desirable,
the planting strip adjacent thereto shall be of sufficient density
and contain sufficient evergreen material to effectively screen the
portions of the planned residential development from which privacy
is desired. In other areas, particularly where the physiographic features
and existing vegetation provide an attractive setting, the planting
strip may be left in its natural state or enhanced with additional
plant material of lesser density than a full screen.
[3]
No planting shall be placed with its center closer than five
feet from a property line of the tract.
[4]
Plantings shall be permanently maintained and, if necessary
to maintain an effective screen, replaced in the event that they become
diseased or dead.
[5]
Planting species shall be mixed; generally, a minimum of 25%
shall be evergreen and 10% flowering material.
(d)
In addition to perimeter planting strips, the following landscaping
requirements shall be met:
[1]
Disturbed topsoil shall be stockpiled, protected from erosion
and replaced after construction.
[2]
Planting and protection of landscape material shall be in accordance
with a plan and schedule prepared by a registered landscape architect
and shall be completed within six months of initial occupancy of each
stage of development. Maintenance precautions for all plant materials
shall be submitted with the final plan.
(10)
Signs. All outdoor signs shall be in conformity with the provisions of Article VIII, Signs, of this chapter, and with the most restrictive zoning district in which the planned residential development is located.
(11)
Supplemental nonresidential facilities. All convenience commercial
facilities shall comply with the following standards:
(a)
Locations shall be such as not to interfere with the adjacent
residential uses. Architectural compatibility with residential structures
to be erected within the planned residential development shall be
maximized.
(b)
Freestanding or lighted signs are prohibited. All such signs
shall be attached to an exterior wall (not roof) of the structure
and may be mounted either flush thereto or at right angles thereto.
(c)
Any parcel on which such facilities are located shall be bounded
by a buffer strip on all property lines abutting residential uses.
Such buffer strips shall be so designed that a vegetative screen of
installed and/or existing plant materials provides, to the satisfaction
of the Board, a barrier to visibility, airborne particles, glare and
noise.
(d)
Refuse stations must be designed and screened, be in locations
convenient for collection and removal, and not be offensive or visible
to the occupants of adjacent residential uses.
(e)
Buildings designed or intended to be used, in part or in whole,
for commercial purposes shall not be occupied or used as such prior
to the completion of and the issuance of occupancy permits for at
least 50% of the dwelling units proposed in the plan.
(12)
Sanitary sewers. All planned residential developments shall
be connected to a public sanitary sewer system.
(13)
Water supply. All planned residential developments shall be
provided with a complete public water distribution system. The design
and installation of such public system shall be subject to the approval
of the Township.
(14)
Other utilities.
(a)
All other utility lines, including, but not limited to, electric,
gas, streetlight supply, cable television and telephone, shall be
placed underground. Installation of all utilities shall be in strict
accordance with the construction standards and specifications of the
Township, Municipal Authority or other public utility concerned. All
such underground utilities shall be put in place, connected and approved
before the streets are constructed, where such utilities lie under
the proposed cartway, and before any person is permitted to occupy
any building to be served by such utilities.
(b)
In accordance with the provisions of Act 170 of 1988,[3] the developer will contact all applicable utilities and
accurately determine the locations and depths of all underground utilities
within the boundaries of the tract proposed for development prior
to excavation. A list of the applicable utilities and their phone
numbers shall appear on the plans submitted for review, and proof
of contact shall be presented to the Township prior to final plan
approval.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
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 chapter.
(2)
At least 25% of the dwelling units in the plan given tentative
approval shall be included in all but the final stage.
(3)
The second and subsequent stages are completed consistent with
the tentatively approved plan and are of such size and location, including
a sufficient degree of completion of the road network and other infrastructure,
that they constitute economically sound units of development.
(4)
Each phase shall include common open space in amounts and at
locations deemed acceptable by the Board to meet, at minimum, the
open space needs generated by that phase and to assure protection
of the sensitive features of the tract.
(5)
Gross residential density may be varied from stage to stage,
provided that final approval shall not be given to any stage if the
gross residential density of the area which includes stages already
finally approved and the stage for which final approval is being sought
exceeds by more than 20% the gross residential density allowed for
the entire planned residential development in the tentatively approved
plan.
F.
Standards for common open space.
(1)
Amount. Not less than 25% of the total tract proposed for planned
residential development shall be designated as and used exclusively
for common open space.
(2)
Ownership. Any of the following methods may be used, either
individually or together, to preserve, own and maintain common open
space: condominium, homeowners' association, dedication in fee simple,
dedication of easements and transfer of fee simple title and easements
to a private conservation organization. Such land shall not be eligible
for transfer to another party 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. The following specific requirements
are associated with each of the various methods:
(b)
Fee simple dedication. The Township may, but shall not be required
to, accept any portion or portions of the common open space, provided
that:
(c)
Transfer to private conservation organization. With permission
of the Township, an owner may transfer either the fee simple title,
with appropriate deed restrictions running in favor of the Township,
or restrictive easement to a private nonprofit organization among
whose purposes is to conserve open space land and/or natural resources,
provided that:
[1]
The organization is acceptable to the Township and is a bona
fide conservation organization with perpetual existence;
[2]
The conveyance contains appropriate provision for proper reversion
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and
[3]
A maintenance agreement acceptable to the Township is reached.
(d)
Dedication of easement. The Township may but shall not be required
to accept easements for public use of any portion or portions of open
space land, title to which is to remain in ownership by condominium
or homeowners' association, provided that:
(3)
Specific requirements for homeowners' association. If a homeowners'
association is formed, it shall be governed according to the following
regulations:
(a)
The developer shall provide to the Township a description of
the organization, including its bylaws and documents governing open
space maintenance and use restrictions.
(b)
The organization shall be established by the developers and
shall be operating (with financial subsidization by the developers,
if necessary) before the sale of any lots within the development.
(c)
Membership in the organization is mandatory for all purchasers
of homes therein and their successors.
(d)
The organization shall be responsible for maintenance of and
insurance on common open space. The organization also shall be responsible
for real estate taxes on common open space, except where the following
alternative is utilized:
[1]
The developer of any subdivision or land development proposed
to contain an area(s) of common open space shall arrange with the
County Board of Assessment a method of assessment of the open space
which will allocate to each tax parcel in the subdivision a share
of the total assessment for such open space. Where this alternative
is to be utilized, the method of allocation shall be approved by the
Board of Commissioners.
(e)
The members of the organization shall share equitably the costs
of maintaining and developing common open space, in accordance with
the procedures established by them.
(f)
In the event of any proposed transfer of common open space land
by the homeowners' association within the methods here permitted or
of the assumption of maintenance of common open space land by the
Township as hereinafter provided, notice of such action shall be given
to all property owners within the planned residential development
by the homeowners' association.
(g)
The organization shall have or hire adequate staff to administer
common facilities and maintain common open space.
(h)
The homeowners' association may lease back open space lands
to the developer, his heirs or assigns or to any other person or corporation
qualified to manage open space for operation and maintenance of open
space lands, but such a lease agreement shall provide that the residents
of the planned residential development shall at all times have access
to the open space lands contained therein, that the common open space
to be leased shall be maintained for the purposes set forth in this
chapter and that the operation of open space facilities may be for
the benefit of the residents of planned residential development only
or may be open to the residents of the Township. The lease shall be
subject to the approval of the Township, as shall any transfer or
assignment of the lease. Lease agreements so entered upon shall be
recorded with the Recorder of Deeds of Allegheny County within 30
days of their execution, and a copy of the recorded lease shall be
filed with the Township.
(4)
Location, design and layout standards.
(a)
The open space shall be laid out to the satisfaction of the Board in accordance with the best principles of site design, shall be consistent with the Township Comprehensive and Open Space Plans, and shall be located and designed as an area or areas easily accessible to residents of the planned residential development and preserving natural features. Common open space areas should include both active recreation areas for all age groups and particularly, where the site includes a watercourse or sloped or wooded areas, land which is left as a natural area. At least 50% of the open space area shall be appropriate for active recreational use and, subject to the provisions of Subsection F(4)(b)[3], at least 75% shall be located outside floodplain areas and areas of greater than 25% slope. In addition, no less than 50% of the open space area shall remain as a natural area.
(b)
The tentative and final plans shall designate the use of open
space, the type of maintenance to be provided and a planting plan
or schedule. In designating use and maintenance, the following classes
may be used:
[1]
Lawn. A grass area with or without trees, which may be used
by the residents for a variety of purposes and which shall be mowed
regularly to ensure a neat and tidy appearance.
[2]
Natural area. An area of natural vegetation undisturbed during
construction or replanted; such areas may contain pathways. Meadows
shall be maintained as such. Maintenance may be minimal but shall
prevent the proliferation of undesirable plants. Litter, dead trees
and such shall be removed and streams kept in free-flowing conditions.
[3]
Recreation area. An area designated for a specific recreational
use, including but not limited to tennis, swimming, play fields and
tot-lots. Such areas shall be located and maintained in such manner
as not to create a hazard or nuisance and shall perpetuate the proposed
use.
(c)
The following design standards, as deemed appropriate by the
Board, shall apply to areas of common open space. Such areas shall
be:
[1]
Interconnected with common open space areas on abutting parcels
wherever possible, including provisions for pedestrian pathways for
general public use to create linked pathway systems within the Township.
[2]
Provided with sufficient perimeter parking when necessary and
with safe and convenient access from adjoining public road frontage
or other rights-of-way or easements capable of accommodating pedestrian,
bicycle and maintenance and vehicle traffic and containing appropriate
access improvements. Areas required for parking may be included in
calculating the minimum acreage required for open space.
[3]
Undivided by any crossings of public or private roads, except
where necessary for proper traffic circulation, and then only upon
recommendation of the Township Engineer and Planning Commission.
[4]
Free of all structures, except those related to outdoor recreational
use.
[5]
Suitably landscaped by retaining existing natural cover and
wooded areas and/or by a landscaping plan, which is consistent with
the purposes of this section and which minimizes maintenance costs.
[6]
Made subject to such agreement with the Township and such deed
restrictions duly recorded in the office of the Recorder of Deeds
in Allegheny County as may be required by the Board of Commissioners
for the purpose of preserving the common open space for such use.
(5)
Maintenance.
(a)
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 Township may serve written
notice upon such organization or upon the residents and owners of
the planned residential development, setting forth the manner in which
the organization has failed to maintain the common open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 30 days thereof and shall state the
date and place of a hearing thereon, which shall be held within 14
days of the notice. At such hearing, the Township may modify the terms
of the original notice as to the deficiencies and may give an extension
of time within which they shall be corrected. If the deficiencies
set forth in the original notice or in the modifications thereof shall
not be corrected within said 30 days or any extension thereof, the
Township, in order to preserve the taxable values of the properties
within the planned residential development and to prevent the common
open space from becoming a public nuisance, may enter upon said common
open space and maintain the same for a period of one year. Said entry
and maintenance shall not constitute a taking of said common open
space and 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 and such dedication is acceptable to the
Township. Before the expiration of said year, the Township 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 the residents and owners
of the planned residential development, to be held by the Township,
at which hearing such organization or the residents and owners of
the planned residential development shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the Township shall determine that such organization
is ready and able to maintain said common open space in reasonable
condition, the Township shall cease to maintain said common open space
at the end of said year. If the Township shall determine such organization
is not ready and able to maintain said common open space in a reasonable
condition, the Township may, in its discretion, continue to maintain
said common open space during the next succeeding year and subject
to a similar hearing and determination in each year thereafter. The
decision of the Township in any case shall constitute a final administrative
decision subject to judicial review.
(b)
The cost of such maintenance and enforcement proceedings by
the Township shall be assessed ratably against the properties within
the planned residential development that have a right of enjoyment
of the common open space and shall become a lien on said properties.
Said assessments or charges shall be subordinate in lien to the lien
of any prior mortgage or mortgages on the property which is subject
to such assessments or charges. The Township, at the time of entering
upon such said common open space for the purpose of maintenance, shall
file a notice of such lien in the office of the Prothonotary of the
County upon the properties affected by such lien within the planned
residential development.
G.
Enforcement of plan provisions. In accordance with Section 706 of
Act 170,[5] 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 Township and shall
be enforceable in law or in equity by the Township, without limitation
on any powers of regulation otherwise granted the Township by law.
The development plan shall specify those of its provisions which shall
run in favor of and be enforceable by residents of the planned residential
development and, in addition, the manner in which such residents may
modify or release such rights.
[5]
Editor's Note: See 53 P.S. § 10706.
A.
Application for tentative approval.
(1)
The application for tentative approval shall include documentation
illustrating compliance with all of the standards for planned residential
development set forth in this section.
(2)
The application for tentative approval shall include, but not
necessarily be limited to, the following documents:
(a)
A key map, drawn at a scale of one inch equals 400 feet, showing
the location and size of the property and showing the relation of
the property to adjoining areas and streets and showing the nature
of the landowner's interest in the land proposed to be developed;
(b)
Plans, at a scale of no greater than one inch equals 50 feet,
on sheets of 36 inches by 24 inches, showing existing natural and
man-made features of the land, including topography, vegetation, drainage
and soils classification. The following information shall be included
on such plan:
[1]
Contour lines at vertical intervals of not more than two feet
if the general slope is less than 10% and at intervals of five feet
if the general slope is greater than 10%, and showing location and
elevation of the closest established National Geodetic Vertical Datum
of 1929 bench mark(s) from which the contour elevations are derived.
[2]
Total tract boundaries of the property being developed, showing
bearings and distances and a statement of the total acreage of the
property.
[3]
Locations of all existing tree masses, trees of diameter at
breast height of over eight inches not part of a tree mass, other
specimen trees, rock outcroppings, watercourses, floodplain areas,
wetlands and other significant natural features. (Where floodplain
areas, as defined in this chapter, are located on the tract, such
areas shall be delineated in accordance with the floodplain district
map that is part of this chapter.[1]
[1]
Editor's Note: The floodplain district map is on file in the
Township offices.)
[4]
Slope differentials delineating all slopes of 8% or less, from
9% to 15%, from 16% to 25% and in excess of 25%.
[5]
Delineation of existing drainage patterns on the property.
[6]
Existing soil classifications.
[7]
Any existing sewer lines, waterlines, electric and telephone
utility lines, pipelines, culverts, bridges, railroads, roads and
other significant man-made features.
[8]
Locations of all structures and areas of known or potential
historical significance on the tract or within 50 feet of the property
boundary.
(c)
A site plan, at a scale of no greater than one inch equals 50
feet, on sheets of 36 inches by 24 inches, showing proposed use areas,
common open space and location of buildings and improvements to be
installed. The following shall be shown on the site plan:
[1]
The total number of residential units proposed, with subtotals
for each housing type.
[2]
The total acreage of the tract.
[3]
The average gross residential density.
[4]
The approximate location of all buildings, roads, parking areas,
sidewalks or pathways; descriptions of the use of all structures;
dimensions (including height) of all buildings and other structures;
road rights-of-way and cartway widths; and proposed structures and
facilities for control of stormwater runoff.
[5]
The location, function, size, ownership and manner of maintenance
of common open space areas, indicating the nature of the facilities
or structures therein and proposed uses thereof.
[6]
Connections to public utilities and streets, accompanied by
documentation as to the impact of the proposed development on such
utilities and streets.
[7]
Lot lines with approximate dimensions for all residential units
for such utilities and streets.
[8]
Proposed utility easement locations.
[9]
Stormwater management and proposed detention structure and facilities
with runoff calculations and narrative.
[10]
Soil erosion and sedimentation control measures.
(d)
The substance of covenants, grants of easements or other restrictions
to be imposed upon the use of land, buildings and structures, including
proposed grants and/or easements for public utilities.
(e)
A site plan and narrative illustrating phasing, including a
time schedule for all on-site and off-site improvements which shall
be made, and the proposed times within which applications for final
approval of all sections of the planned residential development are
intended to be filed. The schedule must be updated annually on the
anniversary of its approval until the development is completed and
accepted.
(f)
A written statement by the landowner setting forth reasons why,
in his opinion, the planned residential development would be in the
public interest and would be consistent with the Township's Comprehensive
Plan.
B.
Application for final approval.
(1)
The application for final approval may be for all the land included
in the tentative application or, to the extent set forth in the tentative
approval, for a section thereof. The application for final approval
shall include all conditions cited in the tentative approval and all
documents illustrating compliance with all of the standards for planned
residential development set forth herein.
(2)
The application for final approval shall include but not necessarily
be limited to the following documents:
(b)
Plans, at a scale of no greater than one inch equals 50 feet, on sheets of 36 inches by 24 inches, of existing natural and man-made features of the land, including topography, vegetation, drainage and soils classification, in accordance with the requirements of Subsection A(2)(b) of this section.
(c)
A site plan, at a scale of no greater than one inch equals 50 feet, on sheets of 36 inches by 24 inches, showing proposed use areas, common open space and location of buildings and improvements to be installed. In addition to the requirements of Subsection A(2)(c), the site plan shall show the following:
[1]
The total tract boundary lines of the area being developed,
with accurate distances to hundredths of a foot and bearings in degrees,
minutes and seconds. Boundaries shall be determined by an accurate
field survey and shall show the location of all boundary line monuments.
[2]
The exact location of all buildings, roads, parking areas, sidewalks
or pathways; descriptions of the use of all structures; dimensions
(including height) of all buildings and other structures; road rights-of-way
and cartway widths; and all stormwater detention structures and facilities,
as well as all utilities.
[3]
Lot lines with exact dimensions for all residential units for
which individual ownership is proposed, together with proposed building
setback lines for each lot and the proposed placement of each building.
[4]
Clear sight triangles for all street intersections.
[5]
Accurate dimensions of common open space areas and, where structures
are to be situated therein, the exact location and dimensions of all
such structures.
[6]
Proposed names of all streets.
(d)
A construction plan at a scale of no greater than one inch equals
50 feet, on sheets of 36 inches by 24 inches, showing profiles and
grades for all proposed streets, whether to be dedicated or to be
privately owned, within the tract, showing at least the following
information:
[1]
Existing natural profiles along the center line of each proposed
street.
[2]
Proposed finished grade along the center line of each proposed
street.
[3]
The length and curve data for all vertical curves.
[4]
Location, profile and proposed grade of all existing and proposed
sanitary sewers, storm sewers and waterlines, with location and depth
of all proposed manholes, storm inlets and fire hydrants.
[5]
Typical cross sections of all roads at intervals of 50 feet.
(e)
A soil erosion and sedimentation plan at a scale of no greater
than one inch equals 50 feet, on sheets of 36 inches by 24 inches,
showing adequate soil erosion and sedimentation controls, structures,
sediment basins, silt traps and other measures to control siltation
and minimize erosion during grading and filling operations and the
construction of utilities and other improvements, conforming to the
requirements and specifications of the Pennsylvania Department of
Environmental Protection Soil Erosion and Sedimentation Control Manual.
(f)
A site grading plan at a scale of no greater than one inch equals 50 feet, on sheets of 36 inches by 24 inches, showing proposed cut and fill areas with typical sections, cut and fill slopes conforming to the requirements of Chapter 140, Grading, Excavating and Filling.
(g)
A stormwater management plan at a scale of no greater than one
inch equals 50 feet, on sheets of 36 inches by 24 inches, showing
the location, size and details of all stormwater detention structures
and facilities with stormwater calculations conforming to the requirements
of the Storm Water Management Act,[2] Allegheny County and Shaler Township.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
(h)
Approvals and permits from the Pennsylvania Department of Environmental
Protection for the proposed sanitary sewers and appurtenances.
(i)
Architectural drawings illustrating exterior and interior designs
of typical residential buildings of each type and of each nonresidential
structure to be constructed, including statements and illustrations
of materials to be used in construction.
(j)
Final drafts of all offers of dedication, covenants, easements,
deed restrictions and maintenance agreements to be imposed upon the
use of land, buildings and structures and pertaining to the ownership,
use and maintenance of all common space areas and any other common
facilities, as set forth herein, and including proposed grants and/or
easements for public utilities.
(k)
Landscaping plan and schedule, prepared by a registered landscape
architect.
(3)
Arrangements for and documents governing performance and maintenance
guaranties as required herein.
A.
Preapplication procedures. A landowner proposing to develop a planned
residential development is strongly encouraged to submit a sketch
plan to the Planning Commission for informal discussion prior to the
drafting of the tentative plan.
B.
Application for tentative approval.
(1)
The application for tentative approval shall be executed by
or on behalf of the landowner and filed with the Township Secretary.
An initial deposit in the amount set and from time to time amended
by the Commissioners shall be paid upon filing of the application,
and additional deposits shall be made from time to time as requested
by the Township. Such deposits shall be applied against the expenses
of processing and reviewing the application and are not to exceed
actual expenses incurred by the Township.
(2)
The developer shall submit 13 copies of all required plans and
information; the Township Secretary shall thereafter distribute copies
of the plans to all appropriate agencies, including but not limited
to (for example) the Township Planning Commission, the Board of Commissioners,
the County Planning Commission, the County Health Department, the
Township Engineer, the Natural Resources Conservation Service, the
Township Park and Recreation Board and the Pennsylvania Department
of Environmental Protection.
(3)
The Planning Commission shall receive copies of all applications
and all pertinent reviews for planned residential developments and
shall make recommendations thereon and shall forward such recommendations
to the Board of Commissioners.
(4)
All pertinent reviews, including those of the Township and County
Planning Commission and the Township Engineer, shall be effected within
45 days of referral or at least five days prior to the public hearing
to be held by the Board of Commissioners on the tentative application,
whichever shall first occur. The Township Planning Commission shall
forward to the Board copies of reports received from the Township
Engineer and all other reviewing agencies, together with its own recommendations,
within the aforesaid time limitations. Copies of such reports and
recommendations also shall be furnished to the applicant within the
aforesaid time limitations.
C.
Public hearings.
(1)
Within 60 days after the filing of an application for tentative
approval of a planned residential development pursuant to this chapter,
a public hearing pursuant to public notice on said application shall
be held by the Board in the manner prescribed in this chapter for
the enactment of an amendment.
(2)
The Board may continue the public hearing; provided, however,
that the ensuing hearings shall be concluded within 60 days from the
date of the first public hearing.
(3)
The Township may offer a mediation option as an aid in completing proceedings authorized by the Municipalities Planning Code prior to final approval by the Board of Commissioners. In exercising such an option, the municipality and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
D.
Findings.
(1)
Response.
(a)
Within 60 days following the conclusion of the public hearing
provided for in this section, the Board shall, by official written
communication to the landowner, either:
(b)
Failure to so 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 Board of Commissioners,
notify the Board of his refusal to accept all said conditions; in
which case, the Board 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 Board of his refusal to accept all
said conditions, tentative approval of the development plan, with
all said conditions, shall stand as granted.
(2)
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; and
said communication shall set forth, with particularity, 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)
Those respects in which the development plan is or is not consistent
with the 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,
if any, why such departures 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.
(3)
In the event a development plan is granted tentative approval,
with or without conditions, the Board 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 stage 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 case of developments over a period of years, the time
between applications for final approval of each stage of a plan shall
not be less than 12 months.
E.
Status of plan after tentative approval.
(1)
The official written communication provided for in Subsection D of this section shall be certified by the Secretary of the Board of Commissioners and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map effective upon final approval and shall be noted on the Shaler Township Zoning Map.[2]
[2]
Editor's Note: Said map is on file in the Township offices.
(2)
Tentative approval of a development plan shall not qualify a
plat of the planned residential development for recording nor authorize
development or the issuance of any building permits. A development
plan which has been given tentative approval as submitted or which
has been given tentative approval with conditions which have been
accepted by the landowner (and provided that the landowner has not
defaulted nor violated any of the conditions of the tentative approval)
shall not be modified or revoked nor otherwise impaired by action
of the Township pending an application or applications for final approval
without the consent of the landowner, provided that an application
or applications for final approval is filed or, in the case of development
over a period of years, provided that applications are filed within
the period of time specified in the official written communication
granting tentative approval.
F.
Application for final approval.
(1)
An application for final approval may be for all the land included
in a development plan or, to the extent set forth in the tentative
approval, a section thereof. Said application shall be made to the
official of the Township designated by this chapter within the time
or times specified by the official written communication granting
tentative approval. The application shall include any drawings, specifications,
covenants, easements, performance bonds and such other requirements
as may be specified by ordinance, as well as any conditions set forth
in the official written communication at the time of tentative approval.
A public hearing on the application for final approval of the development
plan or part thereof shall not be required, provided the development
plan or part thereof submitted for final approval is in compliance
with the development plan theretofore given tentative approval and
with specified conditions attached thereto.
(2)
In the event that the application for final approval has been
filed, together with all drawings, specifications and other documents
in support thereof and as required by this chapter and the official
written communication of tentative approval, the Township shall, within
45 days of such filing, grant such development plan final approval.
(3)
In the event that the development plan as submitted contains
variations from the development plan given tentative approval, the
Board may refuse to grant final approval and shall, within 45 days
from the filing of this application for final approval, so advise
the landowner in writing of said refusal, setting forth in said notice
the reasons why one or more of said variations are not in the public
interest.
(b)
If the landowner wishes to take either such alternate action,
he may do so at any time within which he shall be entitled to apply
for final approval or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance. In the event that the landowner shall fail to take either
of these alternate actions within said time, he shall be deemed to
have abandoned the development plan. Any such public hearing shall
be held pursuant to public notice within 30 days after request for
the hearing is made by the landowner, and the hearing shall be conducted
in the manner prescribed in this chapter for public hearings on applications
for tentative approval. Within 30 days after the conclusion of the
hearing, the Board shall, by official written communication, either
grant final approval to the development plan or deny final approval.
The grant or denial of final approval of the development plan shall,
in cases arising under this section, be in the form and contain the
findings required for an application for tentative approval set forth
in this chapter.
(4)
A development plan or any part thereof which has been given
final approval shall be so certified without delay by the Board and
shall be filed of record forthwith in the office of the Recorder of
Deeds before any development shall take place in accordance therewith.
Upon the filing of record of the development plan, the zoning and
subdivision regulations otherwise applicable to the land included
in such plan shall cease to apply thereto.
(5)
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 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
Municipalities Planning Code[3] after final approval has been granted, no development
or further development shall take place on the property included in
the development plan until after said property is reclassified by
enactment of an amendment to this Zoning Chapter, as amended.
[3]
Editor's Note: See 53 P.S. § 10508.
A.
Performance guaranty. Prior to release of the approved final plan for recording, the developer shall guarantee the installation of all required improvements by posting a performance guaranty. The amount, form, terms of release, etc., of the performance guaranty shall be the same as those specified in § 195-6 of the Shaler Township Subdivision of Land Chapter, as amended.
B.
Dedication and maintenance guaranty.
(1)
All streets, recreational facilities, surface drainage, water
and sewer facilities and other improvements shown on the final plan
shall be privately owned until such time as they have been offered
for dedication to the Township and accepted by resolution of the Board.
C.
Permits.
(1)
Issuance of permits and all matters pertaining to administration
of the plan as finally approved shall be the responsibility of the
Township Zoning Officer.
(2)
Upon application of the landowner showing compliance with the
requirements of final approval, the Zoning Officer shall issue permits
for construction pursuant to the plan or any section thereof.
(3)
The provisions of the section involving conditional uses of
this Zoning Chapter, as amended, shall be fully applicable to the
plan as finally approved insofar as the provisions thereof are consistent
with the provisions of this article and the conditions of final approval.
The Zoning Officer shall review the progress and status of construction
of the plan and render monthly progress and status of construction
of the plan and render monthly reports thereon to the Board in order
to assure compliance with the provisions of this chapter and the conditions
of final approval.
D.
Fees. The Board shall establish by resolution a schedule of fees
to be paid by the developer at the time of filing the tentative and
final applications.
