Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 1073, passed 5-26-1992]
The purpose of the Transportation Overlay District (TD-1) is to coordinate land use controls and transportation use controls to assure that improvements constructed in special assessment districts are not overburdened by development occurring within the special assessment district and to provide security for any public financing used for such improvements. The Transportation Overlay District does not permit or imply permission for any use not permitted in the underlying district(s) or any greater intensity of use not permitted in the underlying district(s).
[Ord. 1073, passed 5-26-1992]
Within the TD-1 District:
(a) 
No permit required by this Part 13, Planning and Zoning Code, by way of example and not limitation, for use, development or occupancy;
(b) 
No PRD approval; or
(c) 
No subdivision or land development approval shall be issued without strict conformance to the provisions of the TD-1 District Regulations.
Should any provisions of the TD-1 District conflict with a provision of the underlying district, that provision which restricts or limits development or use the most shall apply unless expressly indicated to the contrary herein.
[Ord. 1073, passed 5-26-1992]
Any application for a permit, PRD approval, Land Development approval or Subdivision approval, shall be accompanied by a certified copy of a traffic report ("report") prepared by a licensed, qualified traffic engineer which addresses the traffic impact of the development or change in use and which report contains no less than the following:
(a) 
A trip generation analysis showing the average weekday vehicle trip ends ("A WVTE") which shall be generated by the development, expansion or change in use.
(b) 
Trip generation during the Saturday, evening weekday and morning weekday peak hours.
(c) 
The traffic impact of the development, expansion or change in use upon the streets within the TD-1 District in which the lot or property is located, including, without limitation, an analysis of the affect on road capacity and safety within the TD-1 District.
(d) 
An analysis showing that the development or change in use is consistent with the facilities proposed in the Transportation Development District multi-year program or the Business Infrastructure Improvement District plan, or both, as appropriate (hereinafter jointly and severally "TPAD Program") whether built or planned, and the location of all rights of way required by the TPAD Program on the lot or property which are to be dedicated as part of the approval process.
(e) 
The assessment formula in the Transportation Partnership Act District or Business Infrastructure Improvement District (hereinafter jointly or severally "TPAD") and the traffic capacity assigned to the lot or property.
(f) 
An analysis of the remedial traffic work, if any, required in addition to that established under the TPAD Program to eliminate the adverse impact of the development, expansion or change in use.
(g) 
An analysis showing that either:
(1) 
Sufficient traffic capacity is assigned to the lot by the Town assessment formula to meet the demand created by the development, expansion or change in use; or
(2) 
Sufficient traffic capacity is available either from treasury trips available from the Town or trips from other lots or property within the TPAD which, after transfer by the owner of that other lot or property, the Town determines shall not be required by any present or future development or change in use on the transferring lot or property and which as surplus can be transferred pursuant to the terms of the Town Manager's regulations.
(h) 
All lot or property traffic impacts and the mitigation measures to abate such impacts.
(i) 
A recommended program of Transportation System Management ("TSM") and/or Transportation Demand Management ("TDM") which shall mitigate off-site impacts.
(j) 
Any other reasonable components required by the Town Manager's regulations.
(k) 
Any other components required by any bond indenture or other financial instrument used by the Town for financing TPAD improvements.
The report shall use current ITE trip generation methodology in analyzing traffic impact. The form, methodology and conclusions shall be approved in writing by the Town.
[Ord. 1073, passed 5-26-1992]
Upon receipt of a completed report, the Zoning Officer shall refer the report to the Town Manager for a determination of whether the report requires review by the Town Traffic Engineer. Should the report require such review, it shall be transmitted to the Town Traffic Engineer for review, comment and written recommendations. The Zoning Officer shall take no action on any permit application until the written recommendations of the Town Traffic Engineer or the Town Manager's recommendation, if no Town Traffic Engineer review is required. Failure of the Town Traffic Engineer or Manager to respond within 30 days of referral shall be deemed acceptance of the report; provided, however, such deemed acceptance shall not indicate any acceptance of a proposal therein to modify the TPAD Program. Nothing in this section shall restrict any other advisory board or commission from reviewing any application for development and making recommendations thereon to Council during the review period set forth in this section.
[Ord. 1073, passed 5-26-1992]
The Zoning Officer may waive in writing the report requirements only for the following:
(a) 
The construction of a single family home on a pre-existing lot.
(b) 
A two lot subdivision involving residential property or adjusting lot lines where such adjustment is not for the purpose of development, provided however, nothing herein shall permit the construction of multifamily housing without a report.
(c) 
An expansion of an existing use on the same lot by the lesser of:
(1) 
5% provided that all previous expansions from the date of this article to wit: May 26, 1992, shall be aggregated with the proposed expansion; or
(2) 
Ten thousand square feet and provided further in either case that the applicant demonstrates to the Zoning Officer that all rights of way required by the TPAD Program on the lot have been dedicated for public use.
(d) 
The applicant demonstrates through an analysis by a qualified traffic engineer that the change in use to another use is substantially similar to the existing use in both traffic trip generation characteristics and safety characteristics; or is both less intense and safer, provided further that the applicant demonstrates to the Zoning Officer that all rights of way required by the TPAD Program on the lot have been dedicated for public use.
[Ord. 1073, passed 5-26-1992]
(a) 
If not provided for in the TPAD Program, the applicant shall provide a schedule for constructing all TPAD Program facilities located on the property or lot as part of the development or change in use to the extent the demand for the same is the result of such proposed development or change in use. If the cost of such construction exceeds the cost associated with normal development on the lot or property the Town may defer the construction of a portion of the improvements to reduce such cost, provided, however, all structures or improvements on the lot or property shall be located in such a fashion as to not foreclose future completion of the TPAD Program facilities.
(b) 
If the Town Traffic Engineer determines that the facilities required by the TPAD Program cannot be immediately constructed, the Town may accept, in lieu of dedication, a legally binding offer to dedicate the same in the future in a form approved by the Town Solicitor. Such agreement shall be in recordable form.
(c) 
Facilities required under this section shall be bonded in accordance with the provisions of Article 1369.
[Ord. 1073, passed 5-26-1992]
Notwithstanding the fact that the development, expansion or change in use would be permitted in the underlying zoning district, no development, expansion, change in use within a TD-1 District shall be permitted which would increase the trips generated by development, expansion or use on the lot or property by more than the trips presently assigned. The trips assigned to a lot or property may be increased by an approved transfer, see Section 1344.03(g), if done in strict conformance with the Manager's regulations, see Section 1344.09. The trips assigned to the lot or property shall be that capacity used by the Town in the TPAD District and shall be the trips assigned to the lot or property under the TPAD assessment formula. Where treasury trips are released from the Town's reserve or other trips are transferred from one lot or property to another pursuant to the Manager's Regulations, no permit required pursuant to this article shall be issued until the Town Fiscal Officer notifies the Zoning Officer that all fees or charges for such transfers or release are paid, provided, however, in the case of land development or subdivision approval, such fees may be paid at the time building permits are issued but payment of such fees shall be secured in the same manner and at the same time financial security is posted pursuant to Title Five Land Development and Subdivision Regulations as now or hereafter amended or reenacted.
[Ord. 1073, passed 5-26-1992]
(a) 
Where the TPAD Program indicates or the Town Traffic Engineer determines that an off-site adverse impact shall be caused by the development, expansion or change in use which is not to be remedied by the TP AD Program facilities, the following shall occur:
(1) 
Where both the Town Traffic Engineer determines that the appropriate TPAD Program should be amended to remedy all adverse impacts, and the TP AD Program is legally and finally amended by the Town, the applicant shall be deemed to have complied with the terms of this section; or
(2) 
Where all adverse impacts are not remedied, the Town shall require at the Town's sole discretion all, some or one of the following:
A. 
Contribute funds towards such off site traffic improvements as are necessary to eliminate the adverse impact if such procedures are now or hereafter established or if the applicant proposes the same in lieu of or in partial substitution for subsections (a)(2)B. and C. hereof; or
B. 
Reduce the intensity of development to eliminate the adverse impact; or
C. 
Institute a program of Transportation System Management or Transportation Demand Management in a form approved by the Town after recommendations from the Town Traffic Engineer and any regional Transportation Management Agency as now or hereafter established. Such a program may include without limitation ride sharing, mass transit subsidies, signal interconnection and coordination and employee work hour changes. Such a program shall be a covenant running with the land and shall be recorded in the Allegheny County Recorder's office in a form approved by the Town Solicitor.
(b) 
Nothing in this section shall be deemed to permit any development which does not meet the requirements of Section 1344.07.
[Ord. 1073, passed 5-26-1992]
The Town Manager is hereby authorized and directed to issue rules, regulations and forms governing applications, trip transfers among property or lot owners, treasury trip releases, fees, reports and administration of TD-1 Districts. Any such rules, regulations and forms shall not be effective until approved by resolution of Council. The initial Town Manager's regulations are attached to original Ordinance 1073 and made a part hereof as Exhibit A and are hereby approved.
[Ord. 1073, passed 5-26-1992]
Where the TPAD Program requires an expansion of rights of way, new rights of way or relocation of rights of way, the TPAD Program in that TD-1 District shall be deemed an amendment to the Official Map or where no Official Map has been adopted, the TPAD Program shall be deemed a partial Official Map. A partial Official Map for the Town in the McKnight Road TD-1 District is hereby adopted and is attached to original Ordinance 1073 and made a part hereof as Exhibit B. No development or improvement of any type shall be permitted in any rights of way shown in the TPAD Program.
[Ord. 1073, passed 5-26-1992]
The TPAD Program and land use assumptions used in the TPAD assessment formula, if any, shall be deemed an amendment to the Town Comprehensive Plan.
[Ord. 1073, passed 5-26-1992]
Except as provided in Section 1344.06(b), no permit, PRD approval, land development approval or subdivision approval shall be given until any such rights of way, the demand for which is created by the development on the lot or property, are dedicated to the appropriate Town, County or Commonwealth agency as determined by the Town.
[Ord. 1073, passed 5-26-1992]
Where any TPAD Program facility is located on a lot or property, the right of way or proposed right-of-way lines shall be treated as lot lines and the setback requirements of the article shall be met; provided however, the Town may reduce set back requirements upon the applicant's written waiver request, upon cause shown, as part of the applicant's land development or subdivision approval.
[Ord. 1073, passed 5-26-1992]
Where both (1) any rights of way within or abutting a lot seeking development or use change approval have been dedicated at no cost by an applicant or his predecessor in title pursuant to Section 1344.11 in excess of that required by this Part 13 Planning and Zoning Code and (2) the TPAD Program as part of the TPAD financing does not provide for the payment or reimbursement to the land owner of right of way costs for that right of way to be dedicated, the following development credits shall apply to the property or lot:
(a) 
The set back requirements from the lot line abutting the dedicated right of way shall be reduced one foot for every two feet of dedicated right of way as measured from the center line of the right of way, provided that such dedicated right of way exceeds 10 feet, provided however the minimum set back shall not be less than 25% of the setback required in the underlying district.
(b) 
In the case of existing development not involving the expansion of new gross square footage by more than 5%, where the dedication of right of way or the construction of TPAD Program facilities would remove required landscaping, buffer areas, parking or the like such removal shall be deemed an automatic reduction in the underlying district requirements and the lot or property shall not be deemed nonconforming on account thereof provided, however, the full parking requirements for any additional gross square footage must be met.
None of these credits shall apply to any lot or property or portion thereof where eminent domain proceedings were or are required or instituted by the Town to acquire rights of way for any project in the TP AD Program.
[Ord. 1073, passed 5-26-1992]
The transportation fees levied in the D Development District Section 1314.06, shall be suspended in any TD-1 District and upon satisfying all of the following:
(a) 
The assignment of the full allotment of trips to the applicant's property;
(b) 
The payment of all special assessments; and
(c) 
Final discharge of any lien securing such assessments;
The applicant shall be deemed to have complied with, paid and satisfied all D Development District Transportation levies.