[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
The site for any planned residential development shall meet
the following requirements:
A.
The entire site for the development plan shall be owned or controlled
by the developer.
B.
No acreage proposed for planned residential development shall be
located outside the municipal boundaries of Fox Chapel Borough.
D.
The site shall not be smaller than 18 contiguous acres, all of which
shall be located within the municipal boundaries of Fox Chapel Borough.
E.
The site must provide for direct access to and from an opened public
road.
[Amended 6-11-1987 by Ord. No. 478; 11-16-1987 by Ord. No. 480; 11-21-1988 by Ord. No. 488]
A planned residential development may include single-family
and/or multifamily dwellings, open space, incidental recreational
facilities, and accessory uses and structures. Accessory uses and
structures are uses and structures which are customarily accessory
and clearly subordinate to permitted uses and structures.
[Amended 10-15-1984 by Ord. No. 450; 3-21-1988 by Ord. No. 483; 11-21-1988 by Ord. No. 488]
A.
Maximum gross density of dwellings.
(1)
The maximum allowable gross density of dwellings per acre, as defined in § 400-5 of this chapter, in a planned residential development shall be determined by applying a specified percentage to the base density of dwellings otherwise allowed within the applicable zoning district. Such specified percentages and resulting maximum gross densities are as follows:
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District A
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175% x 0.03 = 0.58 dwelling per acre
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|
District B
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135% x 0.5 = 0.68 dwelling per acre
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District C
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100% x 1.0 = 1.00 dwelling per acre
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(3)
For example, the number of permitted lots on a twenty-acre site with
two acres of public street right-of-way and one acre of private street
right-of-way in an A District would be calculated as follows:
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(20 acres - 3 acres) x 0.58 = 9.86; therefore, 9 permitted lots.
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(4)
It should be noted that the required open space is included in the
number of total site acres, regardless of ownership. For example,
if a five-acre area of undisturbed open space on a site is planned
to be dedicated to the Borough, said five-acre area shall be considered
part of the total site acres for purposes of calculating the permitted
number of lots. As such, the amount of required undisturbed open space
shall not be interpreted so as to reduce the total number of lots
permitted.
B.
Within the total area of any planned residential development, a minimum of 30% shall be undisturbed open space. Such undisturbed open space must be designed to comply with § 400-56E of this part and should be located so as to maximize protection of "natural features" as set forth in § 363-16 of the Natural Resources Ordinance. Borough Council shall have the right to approve the location of all undisturbed open space.
C.
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 15% of the dwelling units in the plan given tentative approval
are included in all but the final stage.
(3)
The second and subsequent stages are completed consistent with the
tentatively approved plan and are to the satisfaction of Council 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 undisturbed open space in amounts and at
locations deemed acceptable by the Council 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.
[Amended 1-17-1983 by Ord. No. 437; 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488; 9-19-1989 by Ord. No. 500; 8-20-1990 by Ord. No. 512; 12-20-1993 by Ord. No. 547]
A.
The layout of any planned residential development shall be consistent
with the Borough Plan.
C.
Parking.
(1)
There shall be four off-street parking spaces, two of which must
be enclosed, each measuring 9 1/2 feet by 18 feet for each dwelling
unit.
(2)
Each parking space for physically disabled persons shall have minimum
dimensions of 12 feet by 19 feet.
(3)
Any common parking area may contain a maximum of 40 parking spaces.
Parking areas shall be at least 20 feet from all structures, 50 feet
from any PRD tract boundary, and shall be designed so that through
traffic between parking areas shall be prevented.
(4)
Within common parking areas, each parking space shall open directly
upon an aisle or driveway of such width and design to provide safe
and efficient vehicular access to the parking space. The following
standards for minimum aisle width shall apply:
|
Parking Angle
(degrees)
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Aisle Width
(feet)
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|---|---|---|
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90°
|
20
| |
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60°
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18 (one-way)
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45°
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13 (one-way)
|
(5)
All open parking areas shall be improved with an all-weather dust-free
surface.
(6)
Common parking areas shall be provided with islands that are mounded and landscaped in conformity with the Grounds Maintenance Guide such that no more than five spaces occur within a row. Further, such parking areas shall be adequately screened in accordance with the terms of § 400-73 of this part.
D.
Driveways or roads serving dwellings.
(1)
No driveway across public property or curb shall exceed a width of
25 feet.
(2)
The center lines of roads or driveways serving dwellings or incidental
recreational facilities in a planned residential development and opening
onto the same side of any road shall be separated from each other
by at least the following distances:
|
Required Separation
| |||
|---|---|---|---|
|
Intersecting Road
|
Driveways
(feet)
|
Roads
(feet)
| |
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Arterial roads
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400
|
400
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Major collector roads
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400
|
400
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Minor collector roads
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200
|
200
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Local roads
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None
|
200
| |
(3)
Lots having less than 175 feet frontage at the right-of-way line
of any road or lane shall have no more than one entrance onto said
road or lane.
E.
Other facilities.
(2)
If water is to be provided by means other than by private wells owned
and maintained by the individual owners of lots within the planned
residential development, applicants shall present evidence that the
planned residential development is to be supplied by a certificated
public utility, a bona fide cooperative association of lot owners,
or by a municipal corporation, authority or utility. A copy of a certificate
of public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement, or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable evidence.
G.
Incidental recreational facilities. No incidental recreational facilities which are not structures shall be located closer than 15 feet to any boundary of the planned residential development, any structure or any proposed public street right-of-way, nor closer than 40 feet to the center line of any existing or proposed private road within the planned residential development serving more than three dwellings. Incidental recreational facilities which are structures shall comply with § 400-71 below.
[amended 10-15-1984 by Ord. No. 450; 6-11-1987 by Ord. No. 478; 11-16-1987 by Ord. No. 480; 11-21-1988 by Ord. No. 488; 8-20-1990 by Ord. No. 511]
A.
Within a PRD, no building or structure shall be located closer to
any boundary than the greater of: 1) 100 feet; or 2) in a PRD made
up of detached single-family dwellings, the required rear yard setback
is 60% of the individual width; or 3) in a multifamily PRD, 2.5 times
the building height. Borough Council may, at its sole discretion,
reduce the required perimeter setback when the PRD abuts Borough parkland
or another PRD.
B.
The total building coverage shall not exceed 10% of the total site
area.
C.
The maximum permissible height of building shall be three stories
or 40 feet, whichever is less.
D.
No building shall have a continuous exterior horizontal surface larger
than 50 feet in any direction without a surface setback of at least
five feet. No building shall have an overall horizontal dimension
greater than 200 feet.
E.
Front setbacks shall be measured from the public road right-of-way,
and side setbacks shall be measured at the building line. In addition,
the building width shall be measured as described below and as illustrated
on the sketches in Exhibit 1:
(1)
Conventional lots: the distance between two lines which extend perpendicularly
from the street ROW to the outermost points of the building; and
(2)
Lots on a curve: the distance between two lines which extend perpendicularly
from a line drawn between the two lot lines intersecting the right-of-way
to the outermost points of the building.
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Exhibit 1
|
F.
All dwellings shall comply with the minimum area and bulk requirements
specified below.
(1)
(2)
Twin, duplex, attached.
(a)
Lot size: 10,000 square feet minimum per dwelling unit.
(b)
Side yards: 20 feet minimum on each side of building with a
minimum distance between buildings of 40% of the total average building
width.*
(c)
Front setback: the greater of 50 feet or 15% of the total building
width, except that the setback can be reduced at the discretion of
the Borough Council on lanes.
(d)
Rear setback: the greater of 40 feet or 35% of total building
width.
(3)
Fourplex and townhouse dwellings.
(a)
Net density of development of fourplex and/or townhouse structures shall not exceed the lesser of eight dwelling units per acre or the densities determined by §§ 400-69A and 400-71F(1).
(b)
Width: Townhouse units shall not be less than 20 feet in width.
(c)
Front setback: the greater of 50 feet or 25% of the total building
width.
(d)
Rear setback: the greater of 40 feet or 50% of the total building
width.
(e)
Distance between structures: No residential structure shall
be situated less than the greater of 40 feet or 150% of the total
average building height from any other residential structure.
(f)
Distance of dwellings from solid waste collection stations,
parking areas and access roads thereto (except driveways): the greater
of 20 feet or 25% of the total building width.
(4)
Apartments.
(a)
Net density of development of apartments shall not exceed the lesser of 12 dwelling units per acre or the densities determined by §§ 400-69A and 400-71F(1).
(b)
Front setback: the greater of 50 feet or 20% of the total building
width.
(c)
Distance between structures: No apartment structure shall be
situated less than the greater of 40 feet or 150% of the individual
building height from any other residential structure; specific requirements
are associated with each of the various methods.
(d)
Distance of dwellings from solid waste collection stations,
parking areas and access roads thereto (except driveways): the greater
of 20 feet or 15% of the total building width.
(5)
Corner lot setbacks: When any structure or dwelling as set forth in Subsections F(1) through (4) of this section abut or border more than one street, road or lane, then the applicable setbacks shall be determined using a front setback for each yard abutting or bordering such street, road or lane and a rear setback for each other yard.
[Amended 1-17-1983 by Ord. No. 437; 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
A.
Ownership. Ultimate ownership of open space areas shall be determined in close collaboration with the Borough and may be made at the time of the Council meeting as noted in § 400-59A of this chapter. The Borough reserves the right to specify such ultimate ownership except that, in a PRD made up of detached single-family dwellings, the open space must be eased to the Borough or to a private conservation organization, unless other mutually acceptable arrangements are made. Any of the following methods may be used, either individually or together, to preserve, own and maintain common open space: homeowners' association, dedication in fee simple, dedication of easements, transfer of fee simple title, easements to a private conservation organization, and condominium agreements. 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 when there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:
(1)
Dedication of easements. The Borough may, but shall not be required
to, accept easements for public use of any portion or portions of
open space land, title of which is to remain in ownership by condominium
or homeowners' association, provided that:
(2)
Transfer to a private conservation organization. With permission
of the Borough, an owner may transfer either the fee simple title,
with appropriate deed restrictions running in favor of the Borough,
or restrictive easement to a private nonprofit organization among
whose purposes is to conserve open space land and/or natural resources,
provided that:
(a)
The organization is acceptable to the Borough and is a bona
fide conservation organization with perpetual existence;
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
to continue carrying out its functions; and
(c)
A maintenance agreement acceptable to the Borough is reached.
(3)
Fee simple dedication. The Borough may, but shall not be required
to, accept any portion or portions of the common area space, provided
that:
(4)
Homeowners' association. The common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in § 400-72B below, and the homeowners' association agreement shall be recorded. Where undisturbed open space is held in ownership by a private individual, covenants shall prohibit disturbance of such open space.
B.
Specific requirements for homeowners' association. If a homeowners'
association is formed, it shall be governed according to the following
regulations:
(1)
The developer shall provide to the Borough a description of the organization,
including its bylaws and documents governing open space maintenance
and use restrictions, particularly as relates to undisturbed open
space.
(2)
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.
(3)
Membership in the organization is mandatory for all purchasers of
homes therein and their successors.
(4)
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:
(a)
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
Council.
(5)
The members of the organization shall share equitably any costs of
maintaining or developing common open space in accordance with the
procedures established by them and consistent with the terms of this
part.
(6)
In the event of any proposed transfer of common open space land by
the homeowners' association within the methods permitted, or of the
assumption of maintenance of common open space land by the Borough
as hereinafter provided, notice of such action shall be given to all
property owners within the planned residential development by the
homeowners' association.
(7)
The organization shall have or hire staff, as necessary, to administer
common facilities and maintain open space.
(8)
The homeowners' association may lease back open space lands to the
developer 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: a) that the planned residential
development shall at all times have access to the open space lands
contained therein; b) that the common open space to be leased shall
be maintained for the purposes set forth in this part; and c) that
the operation of open space facilities may be for the benefit of the
residents of the planned residential development only or may be open
to the residents of the Borough. The lease shall be subject to the
approval of the Borough, 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 90 days of their execution,
and a copy of the recorded lease shall be filed with the Borough.
C.
Design and characteristics of common open space.
(1)
As required by § 400-69B of this part, at least 30% of the tract proposed for planned residential development shall be designated as undisturbed common space. Such open space shall, to the satisfaction of Council, be located and designed as an area or areas easily accessible to residents of the planned residential development and preserving natural features. This undisturbed common open space:
(a)
Shall remain primarily an area of natural vegetation, to be
undisturbed during and following construction;
(b)
May contain pathways;
(c)
May, in meadow areas, be mowed sparingly, consistent with the
Borough Grounds Maintenance Guide; and
(d)
Shall otherwise not be maintained except to remove undesirable
plants and to assure that streams are kept in a free-flowing condition.
(2)
No replanting shall occur within areas of undisturbed common open
space except in consultation with the Environmental Advisory Council
and in accordance with the recommendations of the Grounds Maintenance
Guide.
(3)
In addition to the minimum amount of undisturbed common open space,
other portions of the tract may be designated and developed for active
recreation, including but not limited to tennis, swimming, play fields
and tot-lots. The tentative and final plans shall designate such intended
uses, the type of maintenance to be provided, and a planting plan
or schedule. Such areas shall be located and maintained so as not
to create a hazard or nuisance.
(4)
The following design standards, as deemed appropriate by the Council,
shall apply to areas of common open space. Such areas shall be:
(a)
Not less than 75 feet in width at any point and not less than
one acre of contiguous area, except when part of a trail system or
pathway network or when located within the turnaround area of a cul-de-sac
road;
(b)
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 Borough;
(c)
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;
(d)
Undivided by any crossings of public or private roads, except
where necessary for proper traffic circulation, and then only upon
recommendation of the Borough Engineer and Planning Commission;
(e)
Free of all structures, except those related to outdoor recreational
use;
(f)
Suitably landscaped by retaining existing natural cover and
wooded area and/or by a landscaping plan which is consistent with
the purposes of this section and with the Borough Grounds Maintenance
Guide and which minimizes maintenance costs; and
(g)
Made subject to such agreement with the Borough and such deed
restrictions duly recorded in the office of the Recorder of Deeds
in Allegheny County as may be required by the Council for the purpose
of preserving the common open space for such use.
D.
Maintenance.
(1)
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 accordance with the development
plan, the Borough 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 Borough 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 Borough, 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 Borough. Before the expiration of said year,
the Borough shall, upon its initiative or upon the request of the
organization theretofore responsible for the maintenance of the common
open space, call a public hearing upon notice to such organization
or to the residents and owners of the planned residential development,
to be held by the Borough, at which hearing such organization or the
residents and owners of the planned residential development shall
show cause why such maintenance by the Borough shall not, at the election
of the Borough, continue for a succeeding year. If the Borough shall
determine that such organization is ready and able to maintain said
common open space in reasonable condition, the Borough shall cease
to maintain said common open space at the end of said year. If the
Borough shall determine such organization is not ready and able to
maintain said common open space in a reasonable condition, the Borough
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 Borough
in any case shall constitute a final administrative decision subject
to judicial review.
(2)
The cost of such maintenance and enforcement proceedings by the Borough
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 assessment
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 Borough, 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.
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
To maintain the present environment of the Borough, landscape
development of any site shall meet the following requirements:
A.
When the site is contiguous to any public right-of-way for which
planting recommendations are made in the Grounds Maintenance Guide,
the developer shall follow those recommendations. Along other existing
and proposed roads serving more than three dwellings, plantings shall
be installed in conformity with the species, types of arrangements,
sizes and types of locations recommended by the Grounds Maintenance
Guide.
B.
Screening shall be provided by the developer such that at least 50%
of the visible area of each proposed building (including 100% of all
garage doors) and 100% of each proposed open parking area and all
possible automobiles within it shall be hidden from view from any
adjoining property or existing adjoining road. With respect to adjoining
roads, such views shall be based upon the viewer's location at the
far edge of the road cartway, the opposite edge of which directly
abuts the tract. With respect to adjoining properties, the viewer's
location shall be along the lines established by the minimum front,
side and rear yard distances as required by existing zoning for those
properties. Screening shall be by existing vegetation or topography,
evergreen plantings, earth berms, changes in grade or walls. Where
screening is proposed to be by evergreen plantings, the species, types
of arrangements, types and locations and minimum sizes shall conform
with the Grounds Maintenance Guide, shall meet 50% of each applicable
screening requirement at the time of installation, and shall be capable
of meeting 100% of each applicable screening requirement at the ultimate
expected size listed in standard horticultural references.
C.
The Council may require that, along the entire perimeter of the tract
proposed for 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 dbh and/or six feet or more
in height shall be preserved, except when cutting thereof is specifically
approved by the Council or is necessary for ensuring adequate sight
distance.
(2)
The amount, density and types of plantings shall be based upon physiographic
features, feasibility of using native species, proximity to existing
dwellings, compatibility of adjacent uses, and natural views. In areas
where the physiographic features and existing vegetation provide an
attractive setting, the planting strip requirement shall be met by
such natural conditions.
(3)
No planting shall be placed with its center closer than five feet
from a property line of the tract.
(4)
Planting species shall be mixed; generally, a minimum of 25% shall
be evergreen and 10% flowering material.
D.
Plantings shall be permanently maintained and, if necessary to maintain
an effective screen, replaced in the event they become diseased or
dead.
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
A.
All common parking areas, steps, ramps, walkways of high pedestrian
use, and directional signs shall be adequately lighted.
B.
Council 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 exceed 20
feet in height.
