Any application for a subdivision or land development
shall conform to the standards set forth in this Part. The standards
specified in this Part are minimum design requirements.
In reviewing any application for development,
the Planning Commission and Borough Council shall refer the application
for development to the Borough Engineer for a recommendation concerning
technical compliance with these design standards and the Borough Public
Improvements Code.
The standards and requirements of this section
are intended to assure that land is suitable for development for the
uses proposed, that the creation of hazards is avoided, that existing
natural and cultural features of value are preserved, that the subdivision
or land development is coordinated with and harmoniously related to
development in adjacent areas of the community, that the subdivision
or land development is consistent with the objectives of the Borough
for its future development and in accordance with modern and evolving
principles of site planning and development.
1. Flood-prone areas
and wetlands. Land subject to flooding shall not be developed except
in accordance with requirements of the National Flood Insurance Program,
the Pennsylvania Flood Plain Management Act (Act 166 of 1978) and Borough regulations enacted pursuant thereto. Wetlands
shall be protected in accordance with requirements of § 404
of the Federal Clean Water Act and regulations of the Pennsylvania
Department of Environmental Protection, Chapter 105, Dam Safety and
Waterway Management Rules and Regulations.
2. Development and
grading on slopes. Development shall be concentrated in level and
moderately sloped portions of a development site. To the maximum extent
feasible, slopes in excess of 25% shall not be disturbed by grading
or construction, and existing trees and vegetation on steep slopes
should be maintained.
3. Slide-prone areas.
Portions of a subdivision or land development site that are identified
as having soils or geologic conditions that may be unstable or susceptible
to sliding shall not be disturbed by grading or construction unless
certification is provided by a professional engineer with geotechnical
and soils expertise that the proposed disturbance or construction
will be safe and will not cause damage to environment or structures.
4. Undermined areas.
If a subdivision or land development site has been undermined, the
applicant shall provide certification by a professional engineer that
the proposed development will be safe and that damage to structures
and other improvements will not be caused by subsidence.
5. Preservation
of mature trees, unique vegetation or habitat. Subdivision or land
development sites characterized by mature trees or by areas of unique
vegetation or habitat shall be laid out in a manner which enables
the preservation of these features.
6. Erosion and sedimentation
control. An erosion and sedimentation control plan shall be submitted
for every subdivision or land development which will involve earthmoving.
If the earthmoving activity is one which requires issuance of a permit
from the Pennsylvania Department of Environmental Protection, the
approved DEP plan and permit shall constitute compliance with the
requirements of this section. Whether or not a DEP permit is required,
all erosion and sedimentation control plans shall be prepared and
implemented in accordance with the Erosion Control Rules and Regulations
of the Pennsylvania Department of Environmental Protection (Title
25, Rules and Regulations, Part I, Department of Environmental Protection,
Subpart C, Protection of Natural Resources, Article II, Water Resources,
Chapter 102, Erosion Control).
7. Site preparation and grading. Site preparation and grading activity shall not be initiated on a subdivision or land development site until after final approval of the plans for subdivision or land development, erosion and sedimentation control and stormwater management and shall be carried out in accordance with a grading plan approved by the Borough Engineer. The grading plan shall comply with the following standards. (See also §
22-706, Requirements and standards for landscaping.)
A. All fill shall
be compacted to provide stability of material and to prevent undesirable
settlement; and proper benching shall be provided, as required, in
accordance with the recommendations of a professional engineer and
as approved by the Borough Engineer.
[Amended 12-10-1992 by Ord. No. 1031]
B. The maximum
permitted finished grade shall not exceed one vertical to two horizontal
unless the safety of a steeper grade is certified by the design engineer
and approved by the Borough Engineer.
[Amended 12-10-1992 by Ord. No. 1031]
C. Except for connections
to adjacent streets, no grading shall occur within five feet of any
site boundary.
D. The contractor
shall be responsible for removing any spilled materials from roads
used to transport materials and for measures necessary to prevent
blowing or spilling.
E. Topsoil shall
be spread and protective vegetation established immediately upon completion
of each phase or section of site grading work.
In addition to the site development criteria in §
22-703 above, land developments shall be further subject to the following:
1. Visual features.
A. Visual access
shall be maintained through a development site from public viewing
places (such as streets, public buildings and parks) to scenic views
(such as rivers and wooded hillsides).
B. Uses and structures
shall be arranged so that rooftop mechanical equipment, service, loading
and parking areas are designed and located so that they are not visible
from adjacent public streets and are screened, landscaped and oriented
so that the use and point of access are visible only from the appropriate
direction of approach and access.
C. Land development
shall be designed to be compatible with development in adjacent areas
in terms of use, building scale (height and bulk) and materials unless
the Planning Commission and Borough Council determine that the surrounding
area should not be a consideration because of deterioration, planned
demolition or similar reasons.
2. Historic, architectural
and archaeological resources. A land development shall preserve existing
historic, architectural and archaeological resources which have been
identified as significant in a historic resource survey conducted
in accordance with procedures of the Pennsylvania Historical and Museum
Commission or which have been listed or determined to be eligible
for listing on the national, state or a local historic register. A
land development plan which includes the demolition of such resources
shall not be approved until the options listed below have been pursued:
A. The applicant
may provide for the preservation and appropriate adaptive reuse of
significant resources by incorporating them into the land development.
B. If the resources
cannot be utilized by the applicant as a part of the proposed land
development, the site shall be designed in a manner that will enable
the resources to be acquired and preserved by others. In this case,
the applicant shall make known the availability of the resources and
pursue their disposition in the following manner:
(1) The applicant
shall provide notice, by registered mail, that the resource is available
to the Bureau of Historic Preservation of the Pennsylvania Historical
and Museum Commission, to the Pittsburgh History and Landmarks Foundation
and to any other historical society, preservation or civic organization
that has filed a written request with the Subdivision and Land Development
Ordinance Administrator to be notified of such matters.
(2) The applicant
shall also advertise the availability of such resource at least twice
during a period of not less than four weeks in at least one newspaper
in general circulation within the Borough and in at least one newspaper
in general circulation in the City of Pittsburgh and Allegheny County.
(3) Expressions
of interest and offers to purchase or acquire the resource shall be
reported to the Planning Commission by the applicant. If there are
one or more such expressions or offers and an agreement on price or
other matters is not reached by the applicant and an offering party,
the Planning Commission may require that an attorney or real estate
broker acceptable to all parties be retained to facilitate the negotiation
of an agreement. The cost for services of an attorney or real estate
broker shall be paid by the applicant.
(4) If there are no offers for acquisition of the resource after a period of 90 days from the notifications and second date of advertising required by Subsection
2B(2) above, the applicant may apply for a demolition permit.
[Amended 12-10-1992 by Ord. No. 1031]
(5) If one or more offers is received and an agreement has not been reached after 180 days from the time that the applicant reported the offer to the Planning Commission, the applicant may apply for a demolition permit unless the negotiation process authorized by Subsection
2B(3) above has been initiated but has not been completed.
C. No significant historic, architectural or archaeological site shall be demolished without a permit. If demolition is authorized following the procedures specified in Subsection
2B(1) through
(5) above, issuance of a permit may be withheld for a period of six months in order that the resource can be documented for historical records purposes, provided that a request to perform the documentation has been filed with the Borough by an organization with the skills and resources to do so.
D. If a significant
historic, architectural or archaeological resource is located in a
historic district which has been certified under the Pennsylvania
Historic District Act (Act 167 of 1961) or in an area that has been designated as a Historic District Overlay District in Chapter
27, Zoning, and regulations have been enacted pursuant to either of those designations, then the procedure specified in those regulations shall supersede those contained in this Subsection
2.
[Amended 12-10-1992 by Ord. No. 1031]
3. Development adjacent
to the Monongahela River.
A. The design of
a land development abutting the Monongahela River or adjacent to the
river across a road or railroad right-of-way shall consider physical
and visual access to the riverfront or to the top of the riverbank
for residents/occupants of the plan and visitors to the site.
(1) Public
streets shall be located and designed in a manner that does not impede
or block public access to the riverfront.
(2) Pedestrian
walkways shall be located and designed to enhance public access to
the riverfront.
B. Where allowed
by zoning, land uses shall be arranged to maximize public access and
use of riverfront locations. In mixed use developments, the descending
order of preference of appropriate uses for land nearest the river
includes:
(1) Park, recreation
and open space dedicated to the municipality or other public body.
(2) Public
and private nonprofit cultural and institutional facilities open to
the public, which incorporate public access to the riverfront in their
design and operation.
(3) Retail,
entertainment and commercial recreation activities open to the public
which incorporate public access to the riverfront in their design
and operation.
(4) Planned
residential or office development designed to maximize views of the
river from buildings and which include public or common open space
along or near the riverfront.
(5) Industrial,
transportation and other uses, only if their operations require direct
access to the river and only to the extent actually needed for the
operation. Where a land development is comprised of similar land uses
but adjoins a land development containing dissimilar land uses, the
above-listed hierarchy of land use categories shall be utilized to
determine compatibility between adjoining land developments containing
dissimilar land uses.
4. Arrangement of
buildings and site improvements.
A. General. Buildings
and uses within a land development shall be arranged to assure harmonious
and complimentary groupings of uses and activities; visually attractive
arrangement of buildings in relation to other buildings, parking,
service areas and open spaces; the smooth flow of traffic; the safety
and ease of pedestrian movement; efficient provision of utilities
and community services; compatibility with existing developed areas;
and minimal disturbance of natural topography and vegetation.
B. As required
by zoning. The arrangement and spacing of buildings within a land
development shall comply with the specific requirements for setbacks,
buffer yards and other open areas required by the zoning district
or districts within which the land development is located.
C. Energy conservation.
To the maximum extent feasible, buildings should be sited in relation
to prevailing winds and sunlight to minimize energy required for heating
and cooling and shall be in accordance with standards and guidelines
promulgated by the United States Department of Housing and Urban Development.
D. Building maintenance.
Sufficient space shall be maintained between buildings to allow maintenance
of all building exteriors.
E. Emergency access.
Sufficient space shall be maintained between buildings to permit access
for fire fighting and other emergency purposes.
F. Perimeter setback
in relation to building height. Around the perimeter of a land development,
buildings shall be set back from a property line eight feet for every
story by which a building exceeds the height of an adjacent existing
building outside of the land development. Yards, setbacks and buffer
yards required by zoning may constitute all or a portion of the distance
required by this provision.
G. Light access.
Any building wall containing windows required for natural light shall
be separated from any other building wall a distance which is sufficient
to admit light in accordance with the following standard and formula
for determining light access:
(1) Area for
light access shall be that area enclosed by:
(a) An arc
extending 70° on each side of a line perpendicular to the building
wall at the center line of any affected window; and
(b) The
exterior radii of such arc which shall be 40 feet in length for residential
uses and 20 feet in length for other main uses. The radii shall be
measured from the exterior face of the building wall at sill level
at the center line of the affected window. For this purpose, when
a sill is less than 2 1/2 feet above floor level, sill level
shall be assumed to be 2 1/2 feet above floor level.
(2) Units of
light access. In each area for light access as defined above, units
of light access are the truncated sectors formed by the intersections
of:
(a) A series
of radii projected from the center line of the affected window and
dividing the area for light access into 14 equal sectors of 10°
each; and
(b) A series
of concentric arcs centered upon the center line of the affected window,
and with radii of 20 feet, 30 feet and 40 feet for residential uses
and 10 feet and 20 feet for other main uses. A maximum of 28 units
of light access are thus available for residential uses and 14 units
of light access for other main uses.
(3) Requirements
for light access
(a) For
all affected windows in all buildings, at least eight units of light
access and the space between such units and the affected window shall
be unobstructed.
(b) Required
unobstructed units of light access may be counted within one or more
of the following:
1) Open
space on the same lot.
2) Space on adjoining lots, which, under the provisions of Chapter
27, Zoning, is required to remain open.
3) A street
or way, private easement or other permanently dedicated public or
private open space.
(c) The
following shall not be considered as obstructions when located within
required units of light access and an affected window:
1) Portions
of the same building or other buildings or structures whose height
above sill level of the affected window in question is not more than
2/3 of their horizontal distance, measured at sill level from the
center line of the affected window, for the exterior face of the building
wall.
2) Overhead
obstructions on the same building wall, such as cornices, awnings
and balconies which do not project horizontally from the face of the
building wall beyond an inclined plane rising from the sill level
at an angle of 20° from the vertical exterior face of the building.
3) Spires;
flagpoles; open fire escapes; and wire, chain link or other fences.
H. Residential open space. For land developments which include single-family, two-family and/or townhouse dwellings, triplexes or quadruplexes, an area of private outdoor open space shall be provided for every dwelling unit which is usable for outdoor living purposes, such as children's play, outdoor dining, family activities and the like. For land developments which include apartment dwellings, common open space shall be provided for the shared use of building residents. These residential open spaces may be provided by the yards and open spaces required by Chapter
27, Zoning. All open space shall be improved with amenities such as seating, lighting, landscaping, lagoons, sculpture, water features, landscape art, para course (fitness trail) designed to create an attractive and enjoyable environment. The placement of common open space shall take security needs into consideration which shall be reflected in the design. The development agreement shall include provisions governing hours of operation and maintenance of any common open space which is not dedicated to the Borough. The intent of this subsection is to assure the provision of open space which is usable for recreation and outdoor living purposes, as well as landscaped areas which function primarily as a visual setting for buildings.
[Amended 12-10-1992 by Ord. No. 1031]
I. Service areas.
To the maximum extent feasible, areas of land developments used for
service functions, such as parking, loading, outdoor storage, where
permitted, garbage and rubbish storage areas, shall be located so
as not to be visible from neighboring uses or from streets.
5. Site lighting.
Exterior lighting shall be provided in land developments in accordance
with this section. Where there are applicable Borough standards for
streetlights, lighting installations shall comply with those standards.
In other situations, lighting installations shall be in accordance
with the Illumination Guidelines for Streets, Parking and Pedestrian
Areas, prepared by the Illuminating Engineering Society of North America
and published in IES Lighting Handbook, and shown in Appendix III.
A. Streetlighting.
Streetlights shall be provided by the developer on all streets dedicated
to the Borough.
B. Site lighting.
In addition, exterior lighting shall be provided for safety along
walkways, at entryways, between buildings, in parking areas and throughout
any common or public open space.
C. Maximum illumination
and height of fixtures. Required lighting shall be designed and installed
in a manner that will provide required minimum illumination and that
will not create unpleasant glare either on or adjacent to the site.
The maximum height of fixtures and maximum permitted illumination
shall be in accordance with the standards shown in Appendix IV.
[Amended 12-10-1992 by Ord. No. 1031]
Alleys, as defined by this chapter, shall not
be permitted in residential developments, but may be provided in commercial
and industrial developments where needed for loading, unloading or
secondary access. Alleys shall be constructed in accordance with the
Borough Public Improvements Code and shall meet the minimum design
standards shown in Appendix I for local streets.
Easements for sanitary sewers, water lines and
stormwater management facilities shall be required to have a minimum
width of 20 feet. Where a subdivision or land development is or will
be traversed by a watercourse, there shall be provided a stormwater
easement or drainage right-of-way of a width sufficient for the purpose,
but not less than 20 feet.
The following standards shall apply to all lots
proposed to be subdivided or developed in accordance with this chapter:
1. Area. Minimum lot areas shall conform to the requirements of Chapter
27, Zoning.
2. Frontage. All lots created by a subdivision shall have frontage along the right-of-way of a public street and the width of the frontage shall conform to the requirements of Chapter
27, Zoning.
3. Double frontage.
Double-frontage lots shall be avoided; however, where a double-frontage
lot is the only practical alternative, vehicular access shall be limited
to only one street and that street shall be the street with the lower
volume of traffic, if physically feasible. The final plan shall contain
a notation restricting vehicular access to one frontage.
4. Side lines. Whenever
practicable, the side lines of a lot shall be at right angles or radial
to the right-of-way lines of streets.
5. Building lines. Building lines of lots shall conform to the minimum requirements of Chapter
27, Zoning, and shall be shown on the final plat.
6. Grading. Lots
shall be graded to provide drainage away from buildings and, where
practical, water shall be drained by the street rather than to adjoining
property. The developer shall be required to provide drains or other
drainage facilities, as approved by the Borough Engineer, to drain
off surface water within the development.
7. Driveways. Driveways serving single-family and two-family dwellings are not required to be paved; however, in lieu of paving, the driveway shall have a covering of slag or stone at least two inches thick for a distance of 30 feet from the right-of-way of the street. All other driveways shall be paved in accordance with the Borough standards and/or the Pennsylvania Department of Transportation Design Manual, Part
2, Chapter
18. Paved driveways shall have a joint at the public street right-of-way. No driveway shall have a slope of more than 15%. Driveways may extend from the right-of-way line of the street to the cartway of the street, but shall not change the grade or contour of the street right-of-way, nor shall any person cut into, fill or in any way alter any gutter, curbing, drainage ditch or storm sewer within the right-of-way of a street or easement for the purpose of extending a driveway; or for any other purpose without first obtaining a permit therefor from the state, county or Borough.
8. Accessibility.
Every lot shall be accessible to emergency and public safety vehicles.
9. House numbers.
House numbers shall be assigned by the developer, subject to the approval
of the U.S. Postal Service, and shall be posted at each house so as
to be easily visible and readable from the street.
Stormwater management facilities shall be provided
for subdivisions and land developments as required by existing ordinances
of the Borough of Homestead as now or hereinafter adopted or amended
and the requirements of § 22-602.4 of this chapter.