It is the intent of the Borough to provide, through the planned
development concept, an increased amount of flexibility in the type,
location, density, and design of residential development and to encourage
innovative design and site planning in order to better meet current
housing demands, to relate development of the land to the specific
site, to permit economies in the provision of public services, and
to conserve and protect open space and steep slope areas within the
Borough. These developments are permitted only in R-1 Zoning Districts.
The housing type, minimum lot area, dwelling unit densities, yard,
height, accessory uses, and similar requirements shall be determined
by the provisions set out below, which shall prevail over conflicting
requirements of this chapter.
A.
The minimum land area for a planned residential development (PRD)
shall be three contiguous acres.
B.
Principal access to the PRD site shall be from public streets with
sufficient operating capacity and structural condition to carry the
proposed traffic generated by the development.
C.
The proposed PRD shall be served by sanitary sewage treatment and
water supply systems which shall be sufficient to meet the needs of
the projected population, and which have received approvals and operating
permits from the appropriate governmental agencies.
A.
Permitted uses.
(1)
Single-family detached dwelling.
(2)
Two-family detached dwelling.
(3)
Townhouse dwellings.
(4)
Multifamily, multistory dwellings (not to exceed four stories).
(5)
Open space and recreational facilities designed to serve residents
of the development.
(6)
Customary residential accessory uses such as garages, gardens,
and similar uses.
B.
Density standards.
(1)
A maximum of 80% of the site may be used for residential uses,
including structures, streets, parking areas, private open spaces,
courts, and patios.
(2)
A minimum of 20% of the site must be set aside for open-air
recreational use or other open space which may be preserved in its
natural condition but is accessible to and usable by PRD residents.
(3)
The gross development density (total units per acre) shall be
established by Borough Council during the review of the PRD application,
based upon topography of the site, geological and soil conditions,
the amount and location of common open space, the adequacy of utilities,
public facilities and services, streets, and traffic circulation.
However, the following maximum densities shall apply:
C.
Lot sizes and setbacks.
(1)
There shall be no minimum lot size, setbacks (unless otherwise
required), percentage of lot coverage or lot width. Proposals for
these items shall be shown on the site plan and either approved, modified
or disapproved by Borough Council.
(2)
However, each residential unit shall have access to a public
street or other approved right-of-way.
(3)
All structures shall be set back at least 25 feet from any perimeter
of the PRD site and 20 feet from street rights-of-way.
D.
Building groupings.
(1)
There shall be no townhouse structure containing more than six
dwelling units. Townhouse and other multiunit structures shall be
arranged so as to ensure adequate light and air exposures for walls
containing main window exposures or main entrances. In no case shall
any structure be located closer than 10 feet to any other structure
when having a side-to-side (wall), rear-to-side, or rear-to-rear orientation;
or closer than 20 feet when having a front-to-front, front-to-rear,
or front-to-side orientation.
(2)
Each building shall be so arranged as to avoid undue exposure
to concentrated loading or parking facilities and shall be so oriented
as to preserve visual and audible privacy between adjacent buildings
and adjacent lots. All buildings shall be sited so as to be accessible
by emergency vehicles.
E.
Screening. Screens shall be provided along perimeter lines of the
PRD site, including public rights-of-way. Such screens shall be one,
or a combination, of the following:
(1)
A continuous planted strip of at least 12 feet in width and
not less than six feet in height, and of such species and size of
plants so as to provide an effective year-round visual screen within
three years of planting.
(2)
Natural or artificial landforms, including natural slopes and
wooded areas, may be used to achieve visual screening, provided such
areas are preserved from future development by easement, deed restriction,
covenant, or similar measure.
(3)
Decorative fencing may be used as a screen along public rights-of-way.
(4)
The maintenance plan for common open space and facilities in
the PRD, as required by this chapter, shall include provisions for
the continuing maintenance of all planted screens and fencing. If
any plant dies within the one year of planting, it shall be replaced.
(5)
Clear sight triangles, as specified by this chapter, shall be
maintained.
(6)
Additional requirements may be imposed by the Borough Council
where necessary to shield adjacent lots from on-site lighting, headlights
and otherwise to reduce the visual encroachments of multiple dwellings.
F.
Parking requirements.
(1)
Off-street parking shall be provided at the ratio of two spaces
for each dwelling in a single- or two-family house and 1.5 spaces
for each townhouse or multifamily dwelling.
G.
Construction of streets and parking areas. The construction of roads,
parking areas and pedestrian ways, whether or not they are to be dedicated
to the Borough, shall conform to all applicable Borough ordinances
and/or PennDot 408 Specifications. However, Borough Council may waive
or modify certain standards where it finds that such specifications
are not consistent with the PRD site or overall design and that such
modifications are not inconsistent with the interests of the entire
Borough.
H.
Stormwater management. The proposed PRD shall provide a stormwater management system in accordance with the provisions of § 550-402D of this chapter.
I.
Common open space, improvements and facilities.
(1)
Common open space must be appropriate to the scale and character of the development considering its size, density, anticipated population, topography, and types of dwelling unit, and consistent with the minimum requirements of § 550-503B(2).
(2)
It must be suitably improved for its intended use, but open
space containing natural features worthy of preservation may be left
unimproved. Any structures or improvements which are added shall conserve
and enhance the amenities of the open spaces and be properly related
to their topography and natural condition.
(3)
All common open space and recreation areas must be conveyed
in one of the following ways, as approved by Council: 1) in part or
totally to the Borough; or 2) in part or totally to an organization
for ownership and maintenance according to the provisions of the Municipalities
Planning Code[1] and any other applicable state statutes.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
J.
Maintenance of common open space and facilities.
(1)
In cases where the Borough will not be accepting dedications
of streets, sidewalks, utilities, drainage facilities, recreation
areas or open spaces, or other common areas, the landowner shall provide
for an organization or trust for ownership and continuing maintenance.
(2)
The owner shall submit a plan describing the proposed organization,
its powers, rights, dues, responsibilities in regard to the ownership
and continuing maintenance of common facilities and open space. This
plan must be approved by Borough Council prior to approval of the
final PRD application.
(3)
Such organization or trust shall not be dissolved, nor shall
it dispose of any common facilities or open space in any manner whatsoever,
except to another organization or trust established to maintain such
common areas. However, common facilities or areas may be dedicated
to the Borough at a later date, subject to approval by Borough Council.
(4)
In the event of default of ownership and/or maintenance responsibilities
by the established organization, the Borough 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. It shall be prima facie evidence of default
where no organization or trust has been set up or is inoperative for
one year. The recorded plan of lots shall contain a statement to this
effect. Also, the landowner shall record in the Department of Real
Estate of Allegheny County an agreement between the landowner and
Borough to this effect so that future owners are properly advised
of this condition.
(5)
Whether common facilities and open spaces are to be owned by
the PRD organization or in trust, or dedicated to the Borough, the
landowner shall be required to post financial security to guarantee
the structural integrity and functioning of such common areas. Such
financial security shall be in accordance with the Pennsylvania Municipalities
Planning Code[2] for guaranteeing improvements for subdivisions and land
developments. The term for the security shall be 18 months from the
date of acceptance of ownership and shall equal to 15% of the actual
cost of installation of the improvements, facilities and open spaces.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Contents and forms of application. The landowner, or agent(s) acting
in his behalf, shall submit to Council a tentative application consisting
of the following:
(1)
Five copies of the overall site plan of the PRD showing the
location of the site and its size and topography; all existing and
proposed structures and uses; the amount of acreage to be devoted
to each use; the proposed density; the height and bulk of all structures;
and the location of and amount of common open space recreation areas.
(2)
Five copies of the plan showing the proposed circulation system
for vehicular and pedestrian traffic, and the location and widths
of proposed streets, public and private.
(3)
Five copies of the plan for the provision of sanitary sewerage
and water systems, the plan for adequate storm drainage facilities,
and the plan to prevent soil erosion and sedimentation during and
after development and construction.
(4)
A statement relative to the form of the organization proposed
to own and maintain the common open space areas.
(5)
A statement of any covenants, grants and 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.
(6)
A statement indicating any required modification in the land
use regulations otherwise applicable to the subject property.
(7)
A written statement by the applicant indicating his/her interest
in the land proposed to be developed and the reasons why the applicant
believes the planned development would be in the public interest and
would be consistent with the Borough's Statement of Community
Development Objectives.
B.
Review of the tentative application.
(1)
Borough Council shall refer the application to the Blawnox Borough
Property and Planning Committee (here and after referred to as the
Property and Planning Committee) and the Allegheny County Planning
Department for study and recommendation. The County Planning Department
shall be required to report to the Borough within 30 days or forfeit
the right to review. The Property and Planning Committee shall submit
its review at least 10 days prior to the public hearing. Copies of
this report shall be available to the applicant and public.
(2)
Within 60 days after receipt of the tentative application, Council
shall have a public hearing pursuant to public notice in a manner
prescribed for the enactment of an amendment to this chapter. Council
may continue the hearing from time to time and may refer the plan
back to the Property and Planning Committee for additional study.
However, the public hearing shall be concluded within 60 days. The
presiding officer at the hearing may administer oaths and compel the
attendance of witnesses. All testimony by witnesses at the hearing
shall be given under oath and every party of record at the hearing
shall have the right to cross-examine adverse witnesses. A verbatim
record of the hearing shall be made and whenever a copy of such records
is requested by any party to the proceedings, the cost of such record
shall be borne by that party. All exhibits accepted into evidence
shall be identified and duly preserved, or, if not accepted in evidence,
shall be properly identified and the reason for the exclusion shall
be noted in the record.
(3)
Within 30 days following the conclusion of the public hearing,
Council shall make a written report by certified mail to the applicant.
Said report shall either grant tentative approval of the development
plan as submitted or grant tentative approval subject to specified
conditions not included in the development plan or deny tentative
approval to the plan. Failure to act within the thirty-day period
shall be deemed to be a grant of tentative approval of the development
plan as submitted. If tentative approval is granted subject to conditions,
the landowner may, within 30 days after receiving a copy of the official
written report, notify Council of his/her refusal to accept all said
conditions. In this case, Council shall be deemed to have denied tentative
approval of the development plan. If the landowner does not, within
said period, notify Council of his/her refusal to accept all said
conditions, tentative approval of the development plan, with said
conditions, shall stand as granted.
(4)
The granting or denial of tentative approval by official written
communications shall include conclusions and findings of fact related
to the proposal and the reasons for the grant, with or without conditions,
or the denial. Also contained in the communication shall be a statement
of the respects in which the development plan is or is not in the
public interest, including, but not limited to, findings of fact and
conclusions on the following:
(a)
In those respects, in which the development plan is or is not
consistent with the Statement of Community Development Objectives
and/or other pertinent plans for the development of the Borough.
(b)
The extent to which the development plan departs from zoning
regulations otherwise applicable to the subject property, including,
but not limited to, density, bulk, and use and the reasons why such
departures are or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the common open space in
the planned residential development; the reliability of the proposals
for maintenance and conservations of the common open space; and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential development.
(d)
The physical design of the development plan and the manner in
which said design does or does not make adequate provisions for public
services; provide adequate control over vehicular traffic; and further
amenities of light and air, recreation and visual enjoyment.
(e)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood in which it is proposed
to be established.
(f)
In the case of a development plan which proposes development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interest of the public and of the residents
of the planned residential development in the integrity of the development
plan.
C.
Status of the plan after tentative approval.
(1)
The official written communication shall be certified by the
Borough Secretary and filed in his/her office. Where tentative approval
has been granted, the same shall be noted on the Official Zoning Map.
Tentative approval shall not qualify a plat of the planned residential
development for recording, development, or the issuance of any building
permits. A plan which has received tentative approval shall not be
modified, revoked, or otherwise impaired by action of the Borough
without consent of the applicant, if the time periods for submission
of final application specified in said written communication are being
fulfilled.
(2)
In the event tentative approval was granted, but prior to final
approval, the applicant elects to abandon said plan and notifies Council,
in writing, or fails to file for final approval within the specified
times, the tentative approval shall be deemed to be revoked. All the
area in the development plan which has not received final approval
shall be subject to this chapter as otherwise applicable thereto and
the same shall be noted on the Official Zoning Map and in the records
of the Borough.
A.
Scope of the application. The application for final approval of the
PRD plan may be: 1) for all the land included in the plan, or 2) to
the extent set forth in the tentative approval, for a section thereof.
In either case the final application(s) shall be made to Council within
the time specified in the tentative approval.
B.
Review procedure.
(1)
A public hearing on an application for final approval of the
development plan or part thereof shall not be required, provided the
development plan or part thereof submitted for final approval is in
compliance with the development plan given tentative approval and
with any specific conditions attached thereto.
(2)
When the final application has been filed, together with all
drawings, specifications and other documents in support thereof, and
as required by the official written communication of tentative approval,
Council shall, within 30 days of such filing, grant final approval
to said plan.
(3)
When the final application contains variations from the plan
given tentative approval, Council may refuse to grant final approval
and shall, within 30 days of the filing, so advise the applicant of
said refusal, setting forth the reasons why one or more of the variations
is not in the public interest.
(4)
When a final application is refused, the applicant may either:
refile his application without objected variations or request a public
hearing on the application for final approval. Either action shall
be taken within the time which the applicant was entitled to apply
for final approval or within 30 additional days if the said time already
passed when the applicant was advised of the denial.
(5)
If no action is taken by the applicant, the plan is deemed to
have been abandoned. If a public hearing is requested, it shall be
conducted in the same manner prescribed for tentative approval. Within
30 days after the hearing, Council shall, by written communication,
either grant or deny final approval in the form and content required
for an application for tentative approval.
C.
Status of the plan after final approval.
(1)
A PRD plan or any part thereof which has received final approval
shall be certified by Council and filed by the landowner within 90
days with the Allegheny County Recorder of Deeds. No development shall
take place until the plan has been recorded, and from that point of
time, no modification of the provisions of said plan or part thereof
as finally approved shall be made without the consent of the landowner.
(2)
In the event a plan or section thereof has been given final
approval and the landowner decides to abandon said plan or section
and so notifies Council or fails to develop the plan according to
Council's annually updated schedule, no development shall take
place on the property included in the plan until the said property
is resubdivided and reclassified by enactment of an amendment to this
chapter.
Any decision of Borough Council under this PRD provision granting
or denying tentative or final approval of a development plan shall
be subject to appeal to the court in the same manner and within the
same time limitation established for zoning appeals, as provided by
Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
A fee of $2,500 shall accompany each PRD application for tentative
approval. Such fee shall be payable to the Borough of Blawnox and
shall be used to cover expenses for all technical, administrative,
and legal reviews of the tentative application. Following final approval
or denial, any unused portion of the fee shall be returned to the
applicant. In the event the costs of reviewing the application exceeds
the $1,000 fee, the applicant shall reimburse the Borough directly
for the additional expenses.
B.
No fee shall be required for an application for final PRD approval,
unless an additional public hearing is required, in which event an
additional $1,000 fee shall be remitted to the Borough. Council may,
at its discretion, impose other fees to defray actual expenses incurred
during the course of the PRD review.
