Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 741, passed 7-3-1978]
The purpose of Planned Residential Developments is to encourage innovations in residential development and renewal so that the demand for housing may be met by a greater variety in type, design and layout of dwelling units and by the conservation and more efficient use of the open space ancillary to such dwelling units; to extend greater opportunity for better housing and recreation to all citizens and residents of the Town; to encourage a more efficient use of available land and public services; and to reflect changes in the technology of land development so that the economies secured may work to the benefit of those who need homes.
[Ord. 741, passed 7-3-1978]
The use of land for Planned Residential Developments is permitted to 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 the residential area. The dwelling units provided in a Planned Residential Development may be single-family dwellings, two-family dwellings, garden apartments, townhouses or any combination thereof.
[Ord. 741, passed 7-3-1978]
A Planned Residential Development shall be at least 30 acres in gross area. It shall conform to all design standards specified in the Subdivision and Land Development Code, unless specific modifications of these standards are authorized by Council in the interest of improving the overall plan.
The adjusted net area shall be large enough to provide at least 10,900 square feet for each single-family dwelling unit, 7,000 square feet for each two-family dwelling unit, 4,400 square feet for each townhouse dwelling unit, and 3,100 square feet for each garden apartment dwelling unit.
When a Planned Residential Development is constructed in stages, each stage when combined with preceding stages shall conform with these area standards.
[Ord. 741, passed 7-3-1978; Ord. 818, passed 5-18-1981; Ord. 1004, passed 3-27-1989; Ord. 1127, passed 8-22-1994]
The required standards are:
(a)
Height of apartment building
45 feet max.
(b)
Height of townhouse
35 feet max.
(c)
Number of apartments per building
24 max.
(d)
Number of townhouses per building
8 max.
(e)
Yard depth adjacent to any external street
Front yard depth:
30 feet min.
Abutting R-1 and R-2 Districts and streets abutting such Districts
200 feet min.
Abutting all other zoning districts and/or a street
30 feet min.
Rear yard depth and/or side yard width:
Abutting R-1 and R-2 Districts and streets abutting such Districts
200 feet min.
Abutting all other zoning districts and/or a street
30 feet min.
(f)
Distance between two houses:
30 feet min.
Two townhouse buildings
50 feet min.
Two apartments
60 feet min.
(g)
Coverage based on net lot area
30% max.
(h)
Bufferyards as described in Section 1314.04.
(1)
Adjacent to residential districts and street rights of way abutting these districts
Bufferyard D
(2)
Adjacent to all other street rights of way
Bufferyard C
(3)
Adjacent to commercial and institutional
As stated in Section 1314.04
Council may approve less restrictive standards if by so doing a more desirable spacing of buildings may be obtained.
[Ord. 741, passed 7-3-1978]
No accessory facilities are permitted in any yard adjoining a street nor closer than 15 feet to any lot line.
[Ord. 906, passed 5-28-1985]
The Zoning Hearing Board may as a special exception authorize such retail and service business which the Board and the majority of the residents consider reasonably necessary to the convenience of the residents if the development contains more than 50 dwelling units. Any such business shall be located in one of the apartment buildings and shall be limited in area to 1% of the total residential area. A day care center shall be a permitted use.
No other accessory uses are permitted.
[Ord. 741, passed 7-3-1978]
Access shall be from an arterial or collector road.
[Ord. 1027, passed 2-26-1990]
(a) 
An area at least equal to 200 square feet per dwelling unit shall be provided for active and/or passive recreation. Of this area, at least 100 square feet per dwelling unit shall be developed and prepared for specific uses.
(b) 
The area shall be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have a minimum of 100 feet of frontage on a public road.
(c) 
The area shall have suitable topography and soil conditions for use as a recreation area. Water surfaces and continuously wet soils shall be deleted from the gross area for all calculations, unless the area is a floodplain.
(d) 
Size and shape of the area shall be suitable for development as a park. No single side of a property with a rectangular configuration shall amount to more than 40% of the perimeter of the tract.
(e) 
The area shall be easily accessible to essential utilities including power, water, sewerage and telephone. If any of these facilities are placed underground, no part of them or their supportive equipment shall protrude above ground level except as approved by Council.
(f) 
The finished grade of the recreational area provided shall have a slope of 3% or less.
(g) 
A dedication of this recreational area shall be made in accordance with Section 1371.12 of the Land Development and Subdivision Regulations or a fee of $400 per dwelling unit in lieu of the provision of active/passive recreational area within the development may be made in accordance with Section 1371.12 of the Land Development and Subdivision Regulations.
[Ord. 906, passed 5-28-1985]
The information furnished in this application should be complete and accurate since any changes after the grant of preliminary approval may impair and delay a grant of final approval.
The application shall state:
(a) 
Nature of applicant's interest in the land;
(b) 
Legal description of the land;
(c) 
Proposed type of ownership;
(d) 
Proposed type of organization to own and maintain the common elements;
(e) 
Substance of proposed covenants, grants of easement, or other restrictions proposed to be imposed upon the use of land and structures;
(f) 
Deviations from any Town code;
(g) 
Proposed construction schedule showing stages;
(h) 
Proposed guarantee of construction completion as per approved plan;
(i) 
Reasons why the applicant feels the proposed development would be in the best interest of the Town and would be consistent with the Comprehensive Plan;
(j) 
Any other pertinent information that has been specifically requested by the Town.
The application shall be accompanied by a map of the general area showing location of the development and a site plan or plans at a minimum scale of 50 feet to one inch on a maximum sheet size of 30 inches by 42 inches prepared by a registered engineer or surveyor.
[Ord. 906, passed 5-28-1985]
The site plan accompanying the application for preliminary approval shall provide the following information:
(a) 
Owner, size and zoning district of the site;
(b) 
Owner, use and zoning districts of all adjacent properties;
(c) 
Height, bulk, and placement of proposed buildings;
(d) 
Net area, actual and required;
(e) 
Scale, north arrow and date of plan;
(f) 
Tract boundaries and lot lines with dimensions;
(g) 
Road access, public and private internal roads, and walks;
(h) 
Grades, existing and proposed;
(i) 
Drainage, existing and proposed;
(j) 
Utility availability and easements;
(k) 
Wooded areas;
(l) 
Slope areas over 25%;
(m) 
Floodplain (100-year storm) and landslide-prone areas;
(n) 
Soil characteristics;
(o) 
Erosion and sedimentation controls;
(p) 
Yard depths and widths;
(q) 
Parking spaces, proposed and required;
(r) 
Signs: numbers, type and location;
(s) 
Illumination;
(t) 
Landscaping;
(u) 
Screening; and
(v) 
Common open space and recreation area.
[Ord. 741, passed 7-3-1978]
The Zoning Officer shall review the application and promptly present it to the Planning Commission if complete, or return it to the applicant for necessary additional information. If during or after review by the Planning Commission the applicant wishes to revise the data submitted, he shall withdraw his application and submit a new application.
[Ord. 741, passed 7-3-1978]
Council shall schedule a public hearing within 60 days after the application is received unless an applicant has agreed to an extension of time. Notice of the hearing shall be given in the manner prescribed in Section 1351.04. Council may subpoena witnesses and shall arrange for all testimony to be given under oath and for each party of record to have an opportunity to cross-examine adverse witnesses. The hearing may be continued to a later date or dates but must be concluded within 60 days. A verbatim record of the hearing shall be caused to be made by Council whenever such records are requested by any party to the proceedings; but the costs of making and transcribing such a record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified, and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
[Ord. 906, passed 5-28-1985]
(a) 
Within 60 days but not sooner than six days after conclusion of the hearing, Council shall:
(1) 
Grant approval;
(2) 
Grant approval with conditions;
(3) 
Deny approval.
Failure of Council to act within 60 days is deemed approval of the plan.
(b) 
A certified copy of Council's action and findings of fact and conclusions shall be mailed to the applicant in accordance with Section 709b of the Pennsylvania Municipalities Planning Code. Comment shall be made on:
(1) 
Consistency of the Planned Residential Development with the concepts of the Comprehensive Plan;
(2) 
Deviation from Town codes;
(3) 
Adequacy of common open areas and the provisions for their maintenance;
(4) 
Adequacy of public services;
(5) 
Impact on the neighborhood;
(6) 
Adequacy of construction completion guarantee;
(7) 
Time interval for application for final approval;
(8) 
Other vital matters.
(c) 
When a preliminary approval is granted with conditions, the applicant must accept all the conditions in writing within three months or the application is deemed to have been denied.
(d) 
A grant of preliminary approval does rezone the property, but does not authorize a plat to be recorded or any on-site work to begin.
[Ord. 741, passed 7-3-1978]
The application for final approval shall be filed within the time interval specified in Section 1323.17 or as amended by mutual consent and shall include the following information:
(a) 
An update of all information previously submitted;
(b) 
Complete engineering plans including profiles and cross-section of all roads, storm sewers and sanitary sewers;
(c) 
A plat map on a sheet not larger than 30 inches by 42 inches, suitable for recording, and containing:
(1) 
Name of development;
(2) 
Owner;
(3) 
Scale, north arrow and date;
(4) 
Lot numbers and street names; and
(5) 
Certification by a registered engineer or surveyor of the calculated distances and bearings of the development boundaries, lot lines, easements, streets, walkways, building lines and areas reserved for community purpose;
(d) 
Evidence of conformance with all conditions imposed at time of tentative approval;
(e) 
Performance bond or other mutually agreed upon guarantee of construction completion in accord with approved plans;
(f) 
Covenants, grants of easement and other restrictions to be imposed upon use of the land and structures in a form suitable for recording; and
(g) 
Any additional information that has been specifically requested by the Town.
[Ord. 741, passed 7-3-1978]
The Zoning Officer shall review the application and forward it promptly to the Planning Commission if complete, or return it to the applicant for necessary additional information. Within 30 days after receipt by the Planning Commission, Council shall grant final approval unless the application was not timely or the plans or information present has been changed from that on which tentative approval was based and the change is deemed not to be in the Town's best interest.
If the grant of final approval is for only part of the development, the Town's communication to the applicant shall specify the mutually agreed upon time interval during which the application for the next stage shall be filed.
If the application is denied, Council's communication to the applicant shall state the reason(s) for the denial.
Failure of Council to act within the above 30 days shall be deemed as a grant of final approval.
[Ord. 741, passed 7-3-1978]
Within 30 days of the denial of his application for final approval the applicant may:
(a) 
Abandon the project; or
(b) 
Delete the objectionable changes and file a new application; or
(c) 
Request a public hearing on the plans as they now are. Such a public hearing shall be conducted in the same manner as though the application was for a grant of tentative approval. Within 30 days after conclusion of the hearing, Council shall grant or deny final approval. The form of communication advising the applicant of Council's decision shall be similar to that described in Section 1323.13.
[Ord. 741, passed 7-3-1978]
Unless different intervals of time are agreed upon by mutual consent, the following shall apply:
(a) 
The application for final approval of all or the first stage of construction shall be filed not sooner than three months nor longer than nine months after grant of tentative approval.
(b) 
The application for final approval for the next stage of construction shall be filed not sooner than 12 months nor longer than 24 months after grant of final approval for the previous stage.
(c) 
The start of on-site construction shall not be later than 12 months after grant of final approval for the construction involved.
Extensions to these or other mutually agreed upon time limitations may be made by mutual consent. Failure to meet stipulated or agreed upon time schedules shall constitute abandonment.
[Ord. 741, passed 7-3-1978]
Should a project be abandoned, all approvals are void; and if a change in zoning district has been made, the property reverts to its previous zoning, and the Zoning Map shall be revised to show this reversion.
No further development shall take place on property included in an abandoned Planned Residential Development until a new site plan is approved.