Township of Reserve, PA Planned Residential Developments

The preliminary application shall include a preliminary development plan and this article may require other information. The application shall be submitted to the Commissioners with not less than eight copies and shall be accompanied by a fee as may from time to time be determined by the Township Board of Commissioners.

The Planning Committee shall be the responsible reviewing agency. However, the Township Board of Commissioners shall make all approvals or disapprovals of the preliminary or final development plans.

Preapplication conferences. Each applicant should confer with the Planning Committee in connection with the preparation of the planned residential development application and prior to the submission of such application. The purpose of preapplication to conferences is to benefit the applicant by providing information and guidance before the applicant shall have entered into binding commitments or incurred any substantial expense in the preparation of plans, surveys, and other data.

The preliminary development plan shall be an overall plan in the form of both maps and a written statement and shall include:

(a)

A vicinity map showing enough of the surrounding area to demonstrate the relationship of the planned development to adjoining uses.

(b)

The location, size, and topography of the site and other pertinent natural features such as tree cover, landslide-prone conditions and the extent of mining or coal reserves.

(c)

The density of land use to be allocated to parts of the site to be developed.

(d)

The location and size of the open space and the form of organization proposed to own and maintain the open space.

(e)

The use and approximate height, bulk and location of buildings and other structures.

(f)

The feasibility of proposals for the disposition of sanitary waste and stormwater and the approval of the Girty's Run Joint Sanitary Authority or the approval of any other municipal entity.

(g)

The feasibility of the proposals for water and the approval of the West View Water Authority, Shaler Township, or any other required municipal entity.

(h)

The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities.

(i)

The provisions for parking of vehicles and the location and width of proposed streets and public ways.

(j)

The required modifications in the municipal land use regulations otherwise applicable to the subject property.

(k)

The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources;

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(l)

In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which application for final approval of all sections of the planned residential development are intended to be filed. This schedule must be updated annually, on or before the anniversary of its approval, until the development is completed and accepted.

(m)

The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the municipality.

Preliminary review. The Board of Commissioners shall forward one copy each of the preliminary application to the Planning Committee, the Township Engineer, the Allegheny County Department of Economic Development, the responsible water and sanitary sewer entity, and the Allegheny County Health Department. The Commissioners shall not approve the preliminary application until reports from each of these agencies have received or until the expiration of 30 days from the date the copies of the application for development were forwarded to said agencies.

Public hearings. The Township Board of Commissioners shall hold a public hearing as required by law within 60 days of the filing of the preliminary application for a development plan.

Criteria for tentative approval. The Township Board of Commissioners may give tentative approval to a proposed development plan if, and only if, it is found to meet the following criteria:

The proposed development plan complies with all standards and conditions of Article I, preserves the community development objectives of this article and is found by the Commissioners to be consistent with the accepted community development objectives.

Where the proposed development plan provides standards varying from those in this article and the subdivision regulations otherwise applicable to the subject property provided, such departure is in the public interest and promotes the health, safety and general welfare of the public.

The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of the remaining land and common open space are appropriate with respect to the purpose, use and type of residential development proposed.

The physical design of the proposed development plan adequately provides for the public service, traffic facilities and parking, light, air, recreation and visual enjoyment.

The total environment of the proposed development plan is harmonious and consistent with the neighborhood in which it is located. The flexibility of design innovation and imagination of the site plan is evident.

The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment and prevention of erosion, landslides, siltation and flooding than if subject property were developed in accordance with the provisions of this chapter and Chapter 375, Subdivision and Land Development, which otherwise apply.

(7)

In the case of a development plan which proposes development over a period of years, the terms and conditions intended are sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

Grant or denial of tentative approval. The Township Board of Commissioners shall render their decision not later than 60 days after the conclusion of the public hearing or within 180 days of filing the application, whichever occurs first.

The decision of the Township Board of Commissioners shall be in writing and shall be given to the developer personally or mailed to him at his last known address not later than five days following the decision.

The Township Board of Commissioners may:

(a)

Grant tentative approval of the development plan as submitted;

(b)

Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

(c)

Deny approval of the development plan.

The grant or denial of tentative approval shall include findings of fact related to the proposed development plan as submitted for approval; and the reasons for the decision shall be set forth with particularity in what respect the proposed development plan would or would not be in the public interest, including, but not limited to, each of the above criteria.

In the event that the development plan is granted tentative approval with or without conditions, the Township Board of Commissioners may set forth in the official written communications 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 part 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 the case of development over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.

If the developer chooses to reject any conditions attached to the grant of tentative approval, he may void such tentative approval by notifying the Township Board of Commissioners within 30 days of the decision of the Township Board of Commissioners.

The grant of tentative approval shall be revoked by the Township Board of Commissioners if they are notified by the developer of his intention to abandon the proposed development plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by law.

Status of plan after tentative approval.

The official written communication provided for in this article shall be certified by the Secretary or Clerk of the governing body and shall be filed in his or her office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.

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 municipality, provided that an application for final approval is filed or, in the case of development over a period of years, provided that applications are filed, within the periods of time specified in the official written communication granting tentative approval.

In the event that a development plan is given tentative approval and thereafter, prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary or Clerk of the municipality.

Application for final approval.

An application for final approval may be for all of the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be filed with the Township Board of Commissioners not later than six months following the grant of tentative approval. The Township Board of Commissioners may grant an extension of time upon written request from the applicant.

The application for final approval shall include all data required for final plats as specified in Chapter 375, Subdivision and Land Development, including construction drawings, specifications, covenants, easements and deed restrictions, and shall incorporate any conditions or modifications as set forth in the official written communication at the time of tentative approval. Approvals from all applicable state, county, and federal agencies must also be included.

Guaranty of improvements. No development plan shall be finally approved unless a guaranty that the owner will install the improvements is presented to the Board of Commissioners in the form of a bond or deposit of funds or securities in escrow in the amount of 110% of the cost of the improvements, which may be required. Such guaranty shall provide for and secure to the public the completion of all declared improvements for the stage within a period of three years from the date of the final approval of the development plan of the stage.

Final review. The Township Board of Commissioners shall forward one copy each of the application for final approval to the Planning Committee, the Township Engineer, the Allegheny County Department of Economic Development, to a Township planning consultant and the Allegheny County Health Department. The Township Board of Commissioners shall not approve the final application until reports from each of these agencies have been received or until the expiration of 30 days from the date the copies of the final application were forwarded to said agencies.

Final approval. In the event 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 from the date of the regular meeting or the governing body or the planning agency, whichever first reviews the application, next following the date the application is filed, grant such development plan final approval. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-day period shall be measured from the 30th day following the day the application has been filed.

Recording. The developer shall record the approved development plan in the office of the County Recorder of Deeds within 90 days of final approval.

Revocation. The approval of the development plan shall be revoked if the developer gives notice of his intention to abandon the plan or if the developer fails to complete the development within three years of the date of final approval or, if the development is approved in stages, then three years from the scheduled date of commencement of any stage; and no further development shall take place on the property included in such development plan unless a subsequent development plan is approved or such development complies with this chapter and Chapter 375, Subdivision and Land Development.

§ 430-45 Development standards.

Site requirements. The site for any planned residential development plan shall meet the following requirements:

Ownership. The entire site for the development plan shall be owned or controlled by the developer.

Minimum size. The site shall not be less than 20 contiguous acres.

Frontage. The minimum frontage abutting on a public right-of-way shall not be less than 100 feet.

Access. The site must provide for direct access from arterial or collector streets indicated on the development concept plan to assure convenient and safe access, which will not cause undue congestion or hazard on local streets.

The site shall be such a character as to avoid danger to health or peril from fire, flood, or other hazards.

The rules and regulations of any water or sewer municipal entity shall be observed.

Permitted uses. Residential dwellings (a mixture of housing types is preferred), recreation facilities similar to hiking, walking and bicycle trails, tennis, basketball and volleyball courts, swimming pool and related facilities and putting greens and accessory uses may be permitted in a development plan, provided that their design, arrangements, landscape development and construction meet the requirements established by the Township and the facilities are for use by the tenants, owners and their guests only.

Permitted density. The average or overall density for all types of combined residential units shall not exceed 12 residential units per gross acre for the entire planned residential area.

Yard and open space requirements. There shall be no restrictions regarding lot size, lot width, setbacks or percentage of lot coverage except as follows:

Not less than 20% of the total site area shall be set aside for undeveloped open space.

Minimum building setback. No structure shall be located closer to any boundary of the site than 75 feet.

The total building coverage shall not exceed 50% of the total site area.

Space between buildings. Every structure shall be separated by not less than 25 feet from any other structure on the site.

All paved areas, including roads, parking areas and service yards, or areas developed in intensive recreational uses as permitted by this article, and any land within 20 feet of townhouses or apartments shall not be considered part of the required open space.

Building grouping. Each building used for multiple dwellings, including accessory buildings, shall be so oriented as to ensure adequate light and air exposure for walls containing main window exposure or main entrances. Each building shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to promote visual and audible privacy between adjacent buildings and adjacent lots. A building containing a dwelling unit shall not be so situated that it is inaccessible by emergency vehicles. Each building used for multiple dwellings, including accessory buildings, shall be 25 feet distant from any other building on the lot or a greater distance if deemed advisable by the Township upon inspection of the site plan.

(7)

Open spaces.

(a)

Open spaces between structures, including those spaces being used as recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications, as the Board of Commissioners and Planning Committee shall specify, consistent with applicable state statutes.

(b)

Defaults. In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization (including complete bylaws and, if required, a charter) or trust for ownership and maintenance. In the event of default, the Township may assume control and the resulting costs may be assessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes.

(8)

Roads and parking areas. Only arterial or collector streets shall provide access to planned residential developments. The dimensions and construction of roads, alleys and parking areas provided within the development, whether or not dedication to the Township is contemplated, shall conform to all applicable Township ordinances and regulations. In cases where the developer can demonstrate that the density and flow of vehicular and pedestrian traffic do not require such conformations, the Board of Commissioners may establish lesser requirements, which shall not be contrary to the interest of the community. Every single-family dwelling shall have access to a street or court dedicated to public use.

Height limitations. No structure shall exceed a height of three stories, which shall not exceed 35 feet measured from the lowest point of intersection of the structure with the ground to the highest peak of the roof.

Maximum size of structures. No structure shall be comprised of more than 18 dwelling units. No structure shall have an overall horizontal dimension greater than 200 feet.

Open space reservation. Open space generated by the application of the provisions of this article shall be so dedicated or otherwise preserved and maintained as to always remain open. The land to be used for open space may be acceptable if the following conditions are met:

The land shall be dedicated to the Township for Township park use; or

The land and facilities shall be deeded to an organization representing the property owners of the development. The organization shall covenant to operate and maintain the land; or

The land shall be deeded to the abutting lot owners as tenancy in common.

Open space maintenance. In the event that the organization established to own and maintain open space, or any successor organization, shall at any time after establishment of the development plan fail to maintain the open space in reasonable order and condition in accordance with the development plan, the municipality may take remedial actions to cause the open space to be properly maintained, as provided by the Pennsylvania Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. 10101 et seq. In particular, see 53 P.S. 10705.

Staging development. In no instance shall the density (dwelling units per acre) of any stage of the development exceed the allowable density (dwelling units per acre) as permitted under this article within the zoning district or districts as established by this article.

§ 430-46 Enforcement and amendment.

To ensure the integrity of the development plan and guarantee that modifications in the plan do not adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:

Provisions in favor of municipality. 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, except as otherwise provided in this article, and the intensity of use or the density of residential units shall run in favor of the municipality. As provided by law, these provisions shall be enforceable at law or in equity by the Township without limitation on any powers of regulation otherwise granted the Township by law.

Provisions in favor of residents. All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan. Furthermore, these provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf. No provisions of the development plan shall, however, be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan, which have been finally approved and have been recorded.

Modifications. All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:

No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this section.