This Part regulates and controls Planned Development —
both Planned Residential Development and Planned Mixed-use Development — activities within
the Municipality of Mt. Lebanon. When a Developer proposes flexible and innovative design techniques, the Planned
Development District process offers an opportunity for creative solutions
and development. This Part provides uniform development standards
and application processes for the Planned Development District applications.
The Traditional Neighborhood Development concepts
are desirable for all Planned Development Districts.
The Planned Residential Development regulations set forth in this Part 5 are made in accordance with the Comprehensive Plan and are intended to achieve the following goals:
502.1.
Preserve natural topography, trees,
geologic features and prevent soil erosion.
502.2.
Provide more usable open space including Recreation Space.
502.3.
Promote an efficient Use of land resulting
in smaller networks of utilities and Streets.
502.4.
Provide a maximum choice in the types of environment, occupancy
tenure, types of housing, Lot sizes and common facilities.
502.5.
Provide a method for redeveloping older residential areas.
503.1.
Administration. The Zoning
Officer is hereby appointed the Administrator.
503.2.
Procedure for Approval.
503.2.1.
Preliminary Consideration. Initially, the Developer who wishes to
have his property considered for Planned Residential Development shall consult with the Planning Board, the Administrator,
and other Public officials prior to the preparation of the application
for tentative approval of the Development Plan.
503.2.2.
Submitting Application for Tentative Approval. A Developer desiring
tentative approval of a Planned Residential Development plan shall submit an application for tentative approval to the Planning Board. Ten copies of said application, together
with at least 10 prints of each drawing or study submitted as part
of the application and prepared as required in §503.2.4 of this
chapter shall be submitted to the office of the Administrator no later
than four weeks prior to the Planning Board meeting
at which consideration is desired. At the time of submission, a fee
shall be paid to the Treasurer in an amount specified by him in accordance
with a schedule of fees, charges, and expenses established by the
Commission. Said schedule of fees shall be posted in the office of
the Administrator. The Commission may alter the fee schedule from
time to time by resolution adopted at any public meeting of the Commission.
503.2.3.
Tentative Approval Procedure.
503.2.3.1.
County Planning Review. The Administrator shall review the application
and shall submit a copy of the application to the planning agency
of Allegheny County for its review and comment as required by the
Pennsylvania Municipalities Planning Code. The planning agency of
Allegheny County shall be requested to report its comments to the
Administrator within 30 days or else forgo such opportunity for review.
503.2.3.2.
Planning Board Review. The Planning
Board shall review the Development Plan and forward its comments
and recommendations and any other pertinent information to the Commission
within 30 days from the date of the Planning Board meeting upon the matter. The Planning Board may
hold a Public Hearing with respect to the Development Plan.
503.2.3.3.
Public Hearings. Public Hearings shall be held in accordance
with the applicable provisions established for Public Hearings, as
set forth in the Pennsylvania Municipalities Planning Code as amended.
503.2.3.4.
Findings on the Application for Tentative Approval. The Commission,
within 60 days following the conclusion of the Public Hearing referred
to herein, or within 180 days after the date of filing of the application,
whichever occurs first shall make a written report and direct a copy
thereof to the Developer either personally or mailed to him at his
last known address. Said report shall either:
503.2.3.4.1.
Grant tentative approval of the Development
Plan as submitted; or
503.2.3.4.2.
Grant tentative approval subject to specified
conditions not included in the Development Plan as submitted; or
503.2.3.4.3.
Deny tentative approval to the Development
Plan.
503.2.3.4.3.1.
Failure to so act within the said period
shall be deemed to be a grant of tentative approval of the Development
Plan as submitted.
503.2.3.5.
Developer’s Acceptance. If tentative approval is granted
subject to conditions, the Developer may, within 30 days after receiving
a copy of the official written report, notify the Commission of his
refusal to accept all said conditions; in which case, the Commission
shall be deemed to have denied tentative approval of the Development
Plan. If the Developer does not, within said period, notify the Commission
of his refusal to accept all said conditions, tentative approval of
the Development Plan, with all said conditions, shall stand as granted.
503.2.3.6.
Explanation of Preliminary Findings. The grant or denial of
tentative approval shall include both conclusions and findings of
fact related to the specific proposal and shall set forth the reasons
for the grant with or without conditions, or for the denial. Also,
the communication shall set forth with particularity in what respects
the Planned Residential Development is or is not
in the public interest, including, but not limited to, findings of
fact and conclusions on the following:
503.2.3.6.1.
Those respects in which the Development
Plan is or is not consistent with the Comprehensive Plan.
503.2.3.6.2.
The extent to which the Development Plan
departs from zoning and Subdivision 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.
503.2.3.6.3.
The purpose, location and amount of the Common Open Space and Common Service Facilities in the Planned Residential Development; the reliability of the
proposal for maintenance and conservation of the Common Open
Spaces, Common Elements and Common
Service Facilities; and the adequacy or inadequacy of the
amount and purpose of the Common Open Space and Common Service Facilities as related to the proposed density
and type of residential development.
503.2.3.6.4.
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 promote amenities of light and air, recreation, and visual
enjoyment.
503.2.3.6.5.
The relationship, beneficial or adverse
of the proposed Planned Residential Development to
the neighborhood in which it is proposed to be established.
503.2.3.6.6.
In the case of a Development Plan which
proposes development over a period of more than one year, the sufficiency
of the terms and conditions intended to protect the interests of the
public and of the residents of the Planned Residential Development in the integrity of the Development Plan.
503.2.3.6.7.
Filing of Final Application. In the event
a Development Plan is granted tentative approval, with or without
conditions, the application for final approval shall be filed not
less than three months nor more than six months from the date of grant
of tentative approval. In the case of a Development Plan which provides
for development over a period of more than one year, the time between
applications for final approval of each part of a Development Plan
shall be not less than 12 months.
503.2.3.6.8.
Recognition of Tentative Approval on Zoning
District Map the official written communication shall be certified
by the Secretary and filed in his office, and a copy mailed to the
Developer. Whenever tentative approval has been granted, such Tentative
Approval shall be noted on the Zoning District Map. Tentative approval
shall not qualify a plat of the Planned Residential Development for recording, development, or the issuance of any building or other
development or Use permits. A Development Plan which
has received tentative approval shall not be modified, revoked nor
otherwise impaired by action of the Commission without the consent
of the Developer if the time period(s) for submission of final application(s)
specified in said written communication are being fulfilled. The notation
of Tentative Approval on the Zoning District Map shall not be deemed
to constitute a change of zoning.
503.2.3.6.9.
Revocation of Tentative Approval and Recognition
on Zoning District Map. In the event tentative approval is granted,
but prior to final approval, the Developer elects to abandon said
Development Plan and notifies the Commission in writing or fails to
file for final approval within the specified times, the tentative
approval shall be deemed to be revoked. All areas within the Development
Plan which have not received final approval shall be controlled by
the zoning and Subdivision Regulations otherwise
applicable thereto, and the Revocation of Tentative Approval shall
be noted on the Zoning District Map and in the records of the Secretary.
503.2.4.
Tentative Approval Requirements. A comprehensive Development Plan
consisting of the following documents, all of which shall be prepared
by an Architect, Landscape Architect or Engineer, shall be submitted by the Developer
with the application for tentative approval:
503.2.4.1.
An area map showing adjacent property owners within 200 feet
of the parcel and identifying the existing Uses of
land extending to the nearest Streets in all directions.
503.2.4.2.
A Preliminary Subdivision Plat of the total site prepared in
accordance with the provisions of the Subdivision Regulations (Chapter 16) for the zoning district or districts in which the site proposed for a Planned Residential Development is located. Land which cannot be developed feasibly due to size, shape, topography, or location shall not be subdivided. The number of Dwelling
Units shown on this Preliminary Plat shall be deemed to be
the base Dwelling Unit Density for purposes of calculating
densities in the proposed Planned Residential Development.
503.2.4.3.
A legal description by metes and bounds of the parcel.
503.2.4.4.
A plan of the Planned Residential Development prepared in accordance with the specifications set forth in §1003.5
of this chapter. The following additional specifications shall be
shown on the plan:
503.2.4.4.1.
The location of the proposed Uses and their areas in acreage.
503.2.4.4.2.
The proposed Uses of
all existing and proposed Structures.
503.2.4.4.3.
Proposed density of the total project
and the proposed density of the various Uses.
503.2.4.4.4.
The Height, size, shape,
bulk and location of proposed Buildings and other Structures.
503.2.4.4.5.
The location of natural and artificial
buffering facilities including screen planting.
503.2.4.4.6.
The location and proposed grades of Streets to be dedicated to the Municipality.
503.2.4.4.6.1.
A general outline including proposed
grades of the interior roadway system and all existing rights-of-way
and Easements, whether Public or Private.
503.2.4.4.7.
Delineation of the various residential
areas indicating for each such area its general extent, size, and
composition in terms of total number of Dwelling Units and approximate percentage allocation by Dwelling Unit type.
503.2.4.4.8.
Where any portions of the site are subject
to flooding, the plan shall indicate extent and frequency.
503.2.4.5.
A plan showing the proposed circulation system for vehicular
and pedestrian traffic, and the location and widths of proposed Public and Private Streets.
503.2.4.6.
A plan for the provision of sanitary sewer and water systems.
503.2.4.7.
A plan for the provisions of adequate storm drainage facilities
to prevent soil erosion and sedimentation during and after development.
503.2.4.8.
A plan showing the location and amount of open space.
503.2.4.9.
A statement of the form of the organizations or legal entity
proposed by the Developer to maintain, own and manage the Common Elements, Common Open Spaces and Common Service Facilities within the Planned Residential
Development, together with the proposed implementing documentations.
Such statements and documentation shall be sufficient to permit the Municipality to determine the feasibility, operational adequacy,
and legal sufficiency of such organization or legal entity.
503.2.4.10.
A statement reflecting the nature and proposed method of implementation
of any covenants, grants and Easements or other restrictions
proposed to be imposed upon the Use of the land, Buildings, and Structures, including proposed
covenants, grants, and Easements for Public utilities.
503.2.4.11.
A statement indicating any required modification of the land
development regulations otherwise applicable to the subject property.
503.2.4.12.
A general description of the availability of community facilities,
such as Schools, fire protection services, and cultural
facilities, if any, and how these facilities would be affected by
the proposal.
503.2.4.13.
A statement demonstrating that the proposal is compatible with
the goals of the Comprehensive Plan.
503.2.4.14.
If the development is to be phased over a period of more than
one year, a schedule of the proposed times within which applications
for final approval of all sections will be submitted.
503.2.4.15.
A statement identifying the Developer’s ownership and
interest in the land proposed to be developed.
503.2.4.16.
A statement setting forth the factors relied upon by the Developer
to support a finding that the planned Residential Development would
be in the public interest.
503.2.5.
Additional Tentative Approval Requirements. Where, because of the
magnitude of the Planned Residential Development or
the possible impact of the Planned Residential Development upon the environment or surrounding neighborhood, the Administrator
determines that additional information and data are required in order
to evaluate properly the Development Plan, the Administrator may require
any or all of the following:
503.2.5.1.
A statement assessing the environmental impact of the proposed
Development Plan. Adverse effects which cannot be avoided should the
Development Plan be approved shall be analyzed, and other implications
adequately evaluated. The statement shall also analyze the proposed
Development Plan short-term use of the environment as compared with
the long-term maintenance and enhancement of the site and shall examine
any irreversible and irretrievable commitments of resources. The statement
shall compare the environmental benefits and costs presented by the
site as presently existing, as it could be developed under existing
land development ordinances, and as proposed in the Development Plan.
503.2.5.2.
A statement demonstrating that financing is available to the
developer on conditions and in amounts sufficient to assure completion
of the Planned Residential Development.
503.2.5.3.
A transparent overlay showing all soils, areas, and their classifications,
and those areas, if any, with moderate to high susceptibility to erosion.
For areas with potential erosion problems, the overlay shall also
include an out-line and description of existing vegetation and tree
coverage.
503.2.6.
Final Approval Procedure. The application for final approval may
be for all the land included in the Development Plan or, to the extent set forth in tentative approval, for a section
thereof. The application shall be in writing on a form provided by
the Municipality and shall be submitted to the Administrator
within the time or times authorized by the tentative approval.
503.2.6.1.
Relationship to Other Regulations. The Subdivision Regulations (Chapter 16), Common Ownership Property Regulations (Chapter 16), and any other provisions of the Mt. Lebanon Code shall apply to a Planned Residential Development if such proposed Planned Residential Development comes within the scope of
such provisions. Further, the Administrator shall be empowered to
relieve the Developer of various procedural and other
incidental requirements of such other provisions in order to minimize
or avoid a duplication of effort on the part of the Developer.
503.2.6.2.
Grant of Final Approval.
503.2.6.2.1.
In the event the Municipality does not propose to accept the Streets and sewers which have been
dedicated by the Developer, the Municipality may authorize the Developer, without in any way
precluding the Municipality from accepting the dedication
at some future time, to install said Streets, sewers,
and other improvements in accordance with the following procedures.
503.2.6.2.1.1.
At the time the Final Plat and final Development Plan are submitted, the Developer shall furnish a surety bond to the Municipality in an amount sufficient
to cover 110%, as determined by the Commission, of the estimated costs
of installing the necessary grading, paving and other Street improvements, including, where specified by the Commission, curbs,
sidewalks, Street lights, shade trees, fire hydrants,
water mains, sanitary sewers, and storm sewers in accordance with
the standards and specifications of the Municipality.
503.2.6.2.1.2.
Said improvements shall be subject to
inspection by the Municipality in accordance with
the provisions of §1003.7 of this chapter.
503.2.6.2.2.
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 previously given tentative
approval, and with any stated conditions of such tentative approval.
503.2.6.2.3.
In the event the application for final
approval has been filed, together with all drawings, specifications
and other documents in support thereof as required by applicable provisions
of the Mt. Lebanon Code and the official written communication of
the tentative approval, the Commission shall, within 30 days of such
filing, grant final approval to said Development Plan.
503.2.6.2.4.
The Developer shall also
obtain a building permit, Street opening permit, Parking Facilities permit, or other applicable permits as required by the Mt. Lebanon
Code or by State or federal laws.
503.2.6.3.
Denial of Final Approval. In the event the development plan
as submitted contains variations from the development plan given tentative
approval, the approving body may refuse to grant final approval and
shall, within 45 days from the date of the regular meeting of the
governing body or the planning agency, whichever first reviews the
application, next following the date the application is filed, so
advise the landowner in writing of said refusal, setting forth in
said notice the reasons why one or more of said variations are not
in the public interest. Provided, however, that should the next regular
meeting occur more than 30 days following the filing of the application,
the forty-five-day period shall be measured from the 30th day following
the day the application has been filed, In the event of such refusal,
the landowner may either:
503.2.6.3.1.
Refile his application for final approval
without the variations objected: or
503.2.6.3.2.
File a written request with the approving
body that it hold a public hearing on his application for final approval.
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If the landowner wishes to take either such alternate action,
he may do so at any time within which he shall be entitled to apply
for final approval, or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance. In the event the landowner shall fail to take either of
these alternate actions within said time, he shall be deemed to have
abandoned the development plan. Any such public hearing shall be held
pursuant to public notice within 30 days after request for the hearing
is made by the landowner, and the hearing shall be conducted in the
manner described in this article for public hearings on applications
for tentative approval. Within 30 days after the conclusion of the
hearing, the approving body shall by official written communication
either grant final approval to the development plan or deny final
approval. The grant or denial of final approval of the development
plan shall, in cases arising under this section, be in the form and
contain the findings required for an application for tentative approval
set forth in this article. Failure of the governing body or agency
to render a decision on an application for final approval and communicate
it to the applicant within the time and in the manner required by
this section shall be deemed an approval of the application for final
approval, as presented, unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner or presentation of communication
shall have like effect.
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503.2.6.4.
A Development Plan, or any part thereof, which
has been given final approval shall be so certified without delay
by the approving body and shall be filed of record forthwith in the
office of the recorder of deeds before any development shall take
place in accordance therewith. Upon the filing of record of the development
plan the zoning and subdivision regulations otherwise applicable to
the land included in such plan shall cease to apply thereto. Pending
completion, in accordance with of said planned residential development
or of that part thereof, as the case may be, that has been finally
approved, no modification of the provisions of said development plan,
or part thereof; as finally approved, shall be made except with the
consent of the landowner. Upon approval of a final plat, the developer
shall record the plat in the office of the recorder of deeds. Forthwith
upon the recording of the final Development Plan,
the Commission, by ordinance, shall amend the Zoning District Map
to designate the area covered by the recorded Development
Plan as a Planned Residential District.
503.2.6.4.1.
Following such action by the Commission,
the zoning and subdivision regulations otherwise applicable to the
land included in such Development Plan shall cease
to apply thereto.
503.2.6.5.
Phasing of Development Plan. In the event the Planned Residential Development is to be phased over a period
of more than one year, the schedule of the proposed times within which
applications for final approval of all sections as required by §503.2.4.14
of this chapter, shall be updated annually on the anniversary of its
approval until the Planned Residential Development is completed and accepted in its totality. The construction and
provision of all of the Common Open Spaces and public
facilities which are shown on the final Development Plan should proceed at the same rate as the construction of development.
At least once every six months following approval of the final Development Plan, the Administrator shall review all building
permits issued for the Planned Residential Development and examine the construction which has taken place on the site.
If he shall find that the rate of construction of Dwelling
Units is greater than the rate at which Common Open
Spaces and Common Service Facilities are
being constructed and provided, he shall notify the Commission. In
this latter event, the Commission may direct the Developer to accelerate the construction and provision of Common Open
Space and Common Service Facilities; and
if the Developer shall fail to accelerate as directed,
the Commission may in addition to, or in lieu of, any other remedy
afforded hereunder or otherwise provided by law, direct the Developer to cease all work in the Planned Residential
Development.
503.2.6.6.
Change in Development Plan. In the event a Development Plan or section thereof has been given final
approval, and the Developer decides to abandon said Development
Plan or section or shall so notify the Commission in writing
of his intention to abandon said Development Plan, no development
or further development shall take place on the property covered by
the Development Plan until the said property is re-subdivided
and reclassified by enactment of an amendment to the Zoning District
Map.
503.2.6.7.
Control of Planned Residential Development Following
Completion.
503.2.6.7.1.
The Administrator shall issue a certificate
certifying the completion of the Planned Residential Development and shall note the issuance of the certificate of completion on
the final Development Plan.
503.2.6.7.2.
After the certificate of completion has
been issued, the Use of land and the construction,
modification, alteration or Structural Alteration of any Buildings or Structures within the Planned Residential
Development, shall be governed by the approved final Development Plan, rather than by any other provision of
this chapter.
503.2.6.7.3.
After the certificate of completion has
been issued, no changes may be made in the approved final Development Plan except upon application to the Commission
which may, after Public Hearing, authorize changes in the previously
approved final Development Plan.
503.2.7.
Extension of Time Limitation. The time limitations provided herein
for review, approval or other action by the Municipality shall be subject to extension or extensions with the written consent
of the Developer.
504.1.
Site Requirements.
504.1.1.
The minimum site area for a Planned Residential Development shall be five contiguous acres; provided, however, in areas designated
for redevelopment of the Residential Redevelopment Map made part of
this chapter, the minimum site area shall be one contiguous acre or
10 contiguous Lots, whichever shall be the lesser.
504.1.2.
The Developer shall provide within the Planned
Residential Development a sanitary sewage disposal system
which shall be of sufficient design to collect and dispose of all
sewage from all existing and proposed Structures in the Planned
Residential Development, and shall be constructed and maintained
in conformity with regulations of the Municipality, of the Allegheny County Health Department, and of the Pennsylvania
Department of Environmental Protection, and shall be subject to the
approval of the Municipal Engineer. All sanitary sewers other than six inch laterals shall be constructed in accordance with §16-811 of the Mt. Lebanon Subdivision and Land Development Ordinance (Chapter 16).
504.1.3.
The Developer shall provide within the Planned
Residential Development a storm drainage system which shall
be of sufficient design to collect, carry off and dispose of all predictable
surface water runoff within the Planned Residential Development, and shall be constructed as to conform with regulations of the Municipality, and of the Pennsylvania Department of Environmental
Protection, and shall be subject to the approval of the Municipal Engineer. In the event the Municipal Engineer shall deem it necessary the storm drainage system or portions thereof shall be constructed in accordance with §809.4 and §16-810 of the Mt. Lebanon Subdivision and Land Development Ordinance (Chapter 16).
504.1.4.
Public water service shall be supplied to each Structure to be erected within the Planned Residential Development.
504.1.5.
Public utility service, such as gas, electricity, and telephone,
shall be supplied to each structure to be erected within the Planned Residential Development.
504.2.
Authorized Uses. A Building may be erected or used, and a Lot may be used or
occupied for any of the following purposes, alone or in combination
with one another:
504.2.1.
One-Family Dwelling.
504.2.2.
Two-Family Dwelling.
504.2.3.
Townhouse Units.
504.2.4.
Multi-family Dwellings.
504.2.5.
Multi-family, Multi-Story Dwellings.
504.2.6.
Open spaces and Recreation Spaces including natural
unimproved land, recreational facilities such as tot lots, playfields,
playgrounds, Private Swimming Pools, tennis courts,
ice skating rink and other similar Uses.
504.2.7.
On sites within the boundaries of the Residential Redevelopment Map
where the current zoning is other than C-1 or C-2, additional Uses such as the following are Authorized provided, they
do not occupy more than 20% of the total gross Floor Area of all residential Structures within the Planned Residential
Development:
504.2.7.1.
Bank or savings and loan institutions.
504.2.7.2.
Barber shop.
504.2.7.3.
Beauty shop.
504.2.7.4.
Business and professional offices.
504.2.7.5.
Club, fraternal organization, Residence Club.
504.2.7.6.
Convenience grocery store.
504.2.7.7.
Health spa.
504.2.7.8.
Laundry or cleaning agency for deposit and pickup only.
504.2.7.9.
Private or Public civic, social, recreational, educational,
or cultural center.
504.2.7.10.
Restaurant.
504.2.7.11.
Studio for art, dancing, or music activities.
504.3.
Area and Density Standards.
504.3.1.
Area Standards. A maximum of 80% of the total site area may be devoted
to residential Use. Said residential use shall be
deemed to include all Structures, Streets, paved vehicular and pedestrian access and those paved Parking
Areas, private open spaces and Courts which abut and primarily
service residential Uses. For sites of five acres
or more, the maximum area, as a percentage of total site area, specifically
devoted to residential Use shall be as follows:
504.3.1.1.
Residential Structures: 16% of coverage.
504.3.1.2.
Accessory Structures: 4% coverage.
504.3.1.3.
Streets, Parking Areas, paved
vehicular and pedestrian access: 18% coverage.
504.3.1.4.
Minimum area requirements for Recreation Space as a percentage of total site area shall be 20%. For sites of five
acres or more a minimum of 25% shall be designated for active recreation.
504.3.2.
Density Standards.
504.3.2.1.
Maximum Density. The maximum density of the proposed Planned Residential Development shall be determined by the
Commission at the time of tentative approval based upon the statements
and plans submitted by the Developer and the recommendations of the
staff of the Municipality, the Planning Board, the planning agency of Allegheny County, and such other persons
or agencies as may be deemed appropriate by the Commission. The Commission
shall consider such factors as topography and physiography of the
site, the type of proposed Dwellings and Accessory Structures, the amount and location of Common Open Space, the traffic circulation plan, and the
adequacy of Schools and other Public facilities which
serve, or are proposed to serve, the Planned Residential Development. Development Plans shall be encouraged which propose
redevelopment of areas designated on the Residential Redevelopment
Map, a minimal grading of steep Slopes and innovatively
designed Parking Facilities.
504.3.2.2.
The Commission may either prohibit any increase in density or
limit the increase in density by an amount which is sufficient to
avoid the creation of any of these conditions:
504.3.2.2.1.
Inconvenient or unsafe vehicular and pedestrian
access to the Planned Residential Development;
504.3.2.2.2.
Traffic congestion on Streets which adjoin the Planned Residential Development;
504.3.2.2.3.
An excessive burden on Parks, recreation areas, Schools, and other Public facilities or Public utilities which serve or are
proposed to serve the Planned Residential Development;
504.3.2.2.4.
Hazardous conditions for the operation
of emergency services and public safety functions.
504.3.2.3.
The Commission may refuse to increase the density in the Planned Residential Development if the Development
Plan does not exhibit efficient Use of open space, variety
of types, design and layout of Dwellings, efficient Use of land and adequacy of public services related to the Planned Residential Development as determined by the reviewing
bodies and their consultants.
504.4.
Lot Size and Yard Requirements.
504.4.1.
There shall be no minimum Lot size, required yard, Lot Width or maximum site coverage except as otherwise set
forth in these Planned Residential Development regulations.
504.4.2.
Required Yards. The following regulations shall
apply to sites of five acres or more:
504.4.2.1.
A Dwelling Unit which abuts on a Major Arterial
or Collector Street shall have a minimum Required Yard of 50 feet for that Yard or Yards which abut said Streets. The minimum Required Yard shall be increased by one foot for each additional foot by which
a residential Structure exceeds 36 feet in height.
504.4.2.2.
The minimum Required Yard adjacent to the Planned Residential Development boundary for a Townhouse
Unit and Multi-family Dwelling shall be
50 feet.
504.4.2.3.
The minimum Required Yard adjacent to the Planned Residential Development boundary for a Multi-family,
Multi-Story Dwelling shall be as specified in §504.4.2.1.
504.5.
Building Grouping and Height.
504.5.1.
Building Grouping. Each Building used for Multi-family Dwellings or Accessory
Uses shall be oriented or arranged to ensure adequate light
and air, to avoid undue exposure to loading or Parking Facilities and to preserve visual and audible privacy between adjacent Buildings and Lots.
504.5.2.
Building Height. Maximum height for a Townhouse
Unit or Multi-family Dwelling shall be 36
feet. Maximum height for a Multi-family, Multi-Story Dwelling shall be 100 feet.
504.5.2.1.
On sites within the boundaries of the Residential Redevelopment
Map, maximum height may be increased provided that one or more of
the following amenities, satisfactory to the Municipality, are provided:
504.5.2.2.
Orientation of all Buildings to protect principal
views through the site.
504.5.2.3.
Reduced Building volume at Building
Heights above 80 feet.
504.5.2.4.
Provision of a facility available to the public such as a public
observation deck at a Building Height above 100 feet.
504.5.2.5.
Provision of a Street level pedestrian plaza
or other open space accessible to the general public and containing
one or more features such as gardens, fountains, sculpture, or other
art forms.
504.6.
Vehicular and Pedestrian Access. The Development Plan shall provide for vehicular and pedestrian access to the Planned Residential Development. For sites of five acres
or more, vehicular access to Multi-family Structures in a proposed Planned Residential Development shall not be through existing Streets classified as Local Streets.
504.7.
Perimeter Requirements. The following requirements shall apply
to sites of five acres or more:
504.7.1.
Protection of Principal Views. Portions of Buildings exceeding 36 feet in height in Planned Residential Developments shall be located, oriented, and dimensioned to interfere minimally
with principal views from other residential districts, or from important
public viewpoints.
504.7.2.
Uses Adjacent to R-1 and R-2 Residential Districts.
In the event that the site for a proposed Planned Residential
Development adjoins an existing single-family residential
zoning district at Front and Side Lot Lines without
an intervening Major Street or permanent open space
providing a minimum buffer area of 150 feet, the following regulations
shall apply:
504.7.2.1.
That portion of the perimeter of the Planned Residential
Development which adjoins said one-family residential district
shall be planned and developed for Uses authorized
in the said adjacent one-family residential district and in accordance
with the other requirements for such a one-family residential district
set forth in applicable provisions of the Mt. Lebanon Code; provided,
however, that Common Open Space in the Planned
Residential Development providing a buffer area of at least
150 feet from the boundary line of said adjacent one-family residential
district shall be required in cases where other types of Structures
are proposed.
504.7.2.2.
No intensive recreational Use shall be authorized
in any portion of any Common Open Space within 150
feet of the boundary of said adjacent one-family residential district.
504.7.3.
Screening at Perimeter of Planned Residential Development. Fences, walls, or vegetative screening shall be provided along
the perimeter of the Planned Residential Development where needed to shield residents or visitors to the Planned
Residential Development from undesirable views, glare, noise
or other off-site conditions or to shield residents or visitors in
adjoining residential districts from similar adverse conditions emanating
from the Planned Residential Development.
504.8.
Off-Street Parking. Off-street Parking Spaces shall be provided in accordance with the following requirements:
504.8.1.
One-Family and Two-Family Dwellings and Townhouse Units shall have a minimum of two Parking
Spaces per Dwelling Unit of which one shall
be covered or enclosed.
504.8.2.
Multi-family Dwellings and Multi-family,
Multi-Story Dwellings shall have a minimum of 1½ Parking Spaces per Dwelling Unit of which
one-half shall be covered or enclosed. One additional space for visitor
parking shall be provided for every two Dwelling Units in a Multi-family and Multi-family, Multi-Story Dwelling.
504.8.2.1.
On sites within the boundaries of the Residential Redevelopment
Map, and contiguous either vertically or horizontally to a municipal Parking Facility, the off-street parking requirements may
be satisfied by the Developer’s written certification
that the required Parking Spaces shall be provided
in said municipal Parking Facility by the Municipality by appropriate arrangements between the Developer and said Municipality.
504.8.4.
Parking Facilities shall be designed to be compatible
with the architecture and residential character of the Planned
Residential Development. The imaginative use of walls, Fences, landforms and planting to screen Motor Vehicles is encouraged.
504.8.6.
Suitable loading and service areas shall be provided for a Multi-family Dwelling and Multi-family, Multi-Story
Dwelling containing more than 10 Dwelling Units.
504.8.7.
The Commission may require such additional parking, loading and service
areas for recreational facilities as shall be required to meet the
needs of residents and other potential users.
504.9.
Open Space. Open space shall be provided in
accordance with the following standards:
504.9.1.
The size, density, anticipated population, and other similar characteristics
of the proposed Planned Residential Development.
504.9.2.
Open space containing natural features worthy of preservation may
be left in its Natural State. Any improvements to
the open space shall be designed to enhance the particular qualities
of the open space.
504.9.3.
The development schedule, which is part of the Planned Residential
Development application, shall coordinate the improvements
of Common Open Space and Common Service Facilities with construction of residential units and other Structures in the Planned Residential Development.
504.9.4.
In the event the Commission determines that improvements to the Common Open Space including the construction, addition or
alteration of Buildings or Structures thereon, as shown on the final Development Plan, shall have a value exceeding $25,000, said Commission shall require
the Developer to provide a surety bond, letter of
credit, cash or other adequate assurance in an amount equal to 100%
of the estimated costs of said improvements as determined by the Manager. Such bond or other assurance is for the purpose
of certifying that such improvements to the Common Open Space will be completed before the construction of more than 25% of the Dwelling Units is completed.
504.9.5.
The Developer shall structure the ownership of all Common Open Space, Common Elements and Common Service Facilities to a Property Owners Association, Trusteeship or other Approved Entity established in accordance with the regulations set forth in the Common Ownership Property Regulations (Chapter 16); provided, however, that the said Developer may dedicate a portion of the whole of said Common Open
Space, Common Elements and Common
Service Facilities to the Municipality.
In the event the Municipality does not accept the Common Open Space, Common Elements and Common Service Facilities so dedicated, the ownership and
responsibility for maintenance shall be transferred to the Property
Owners Association, Trusteeship or Other Approved Entity prior to
the issuance of a certificate of completion for the Planned Residential Development or any section thereof.
504.10.
Failure to Maintain Common Open Space, Common Elements or Common Service Facilities. In addition to each and every other remedy afforded hereunder or
otherwise provided by applicable law, the Municipality, in the event that the organization or legal entity established
to own, manage or operate the Common Open Space, Common Elements and Common Service Facilities, or any successor organization or legal entity, shall at any time
after establishment of the Planned Residential Development fail to maintain the Common Open Space, Common Elements and Common Service Facilities in reasonable order and condition in accordance with the Development Plan, may serve written notice upon such organization
or legal entity or upon the residents of the Planned Residential
Development setting forth the manner in which the organization
or legal entity has failed to maintain the Common Open Space, Common Elements or Common Service Facilities in reasonable condition. Said notice shall include a demand that
such deficiencies of maintenance be corrected within thirty day thereof
and shall state the date and place of a hearing thereon which shall
be held within 14 days of the notice. At such hearing, the Municipality may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies set for in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Municipality in order to preserve the taxable values of the properties within
the Planned Residential Development and to prevent
the Common Open Space, Common Elements and Common Service Facilities from becoming a public
nuisance, may enter upon or into said Common Open Space, Common Elements and Common Service Facilities and maintain the same for a period of one year. Said maintenance
by the Municipality shall not constitute a taking
of said Common Open Space, Common Elements and Common Service Facilities, nor vest in the
public any rights to use the same. Before the expiration of said year,
the Municipality shall, upon its initiative, or upon
the request of the organization or legal entity theretofore responsible
for the maintenance of the Common Open Space, Common Elements and Common Service Facilities, call a Public Hearing upon notice to such organization or legal
entity, or to the residents of the Planned Residential Development, to be held by the Commission, at which hearing such organization
or legal entity or the residents of the Planned Residential
Development shall show cause why such maintenance by the Municipality shall not continue for a succeeding year at
the option of the Municipality. If the Commission
shall determine that such organization or legal entity is ready and
able to maintain said Common Open Space, Common Elements and Common Service Facilities in reasonable condition,
the Municipality shall cease to maintain said Common Open Space, Common Elements and Common Service Facilities at the end of said year. If the
Commission shall determine that such organization or legal entity
is not ready and able to maintain said Common Open Space, Common Elements and Common Service Facilities in a reasonable condition, the Municipality, in
its discretion, may continue to maintain said Common Open
Space, Common Elements and Common
Service Facilities during the next succeeding year and, subject
to a similar hearing and determination, in each year thereafter. The
decision of the Commission shall be subject to appeal to court in
the same manner, and within the same time limitation, as is provided
for zoning appeals under applicable State law. The cost of such maintenance
by the Municipality shall be assessed ratably against
the properties within the Planned Residential Development that have a right to enjoyment of the Common Open Space, Common Elements and Common Service Facilities, and shall become a lien on said properties. The Municipality at the time of entering upon or into said Common Open Space, Common Elements and Common Service Facilities for the purpose of maintenance shall file a notice of lien in the
office of the Prothonotary of Allegheny County upon the properties
affected by the liens within the Planned Residential Development.
504.11.
Statement of Intent and Community Development Objectives.
The Planned Mixed-use Development Regulations set forth in this Part 5 are designed to strengthen the social and economic stability of the areas within the PMXD MAP by improving the working, shopping, and living environment and are made in accordance with the Comprehensive Plan. This general goal includes, among others, the following specific purposes:
504.11.1.
Promote more efficient use and development of these areas and
thus conserve and enhance the value of buildings and land.
504.11.2.
Coordinate development with plans for the provision of public
facilities and services required to accommodate such expansion.
504.11.3.
Provide a maximum choice in the types of environment and occupancy
tenure.
504.11.4.
Encourage the functional and physical integration of the various
uses within a project area.
504.11.5.
Encourage private development activity in conjunction with public
mass transit station sites.
504.11.6.
Reduce automobile transportation demand by locating housing
near commercial and mass transit facilities.
504.11.7.
Facilitate pedestrian circulation and access to transportation,
shopping, recreation, natural features, and other amenities.
504.11.8.
Encourage a balance between nature and development by pre-serving
views, creating visual corridors and providing convenient access to
vistas, open spaces, and recreation areas.
504.11.9.
Encourage the use of renewable energy systems and energy conserving
building design.
504.11.10.
Provide an incentive for development in a manner consistent
with the foregoing objectives.
504.12.
Administration and Procedure for Approval. These Regulations shall be the same as those set forth at §20-503 of this chapter with the following exceptions.
504.13.
Development Requirements and Standards.
504.13.1.
Site Requirements. The minimum site area for a Planned
Mixed-use Development shall be one acre or 10 consecutively
abutting lots, whichever shall be the lesser.
The remainder of these Site Requirements shall be the same as
those set forth at §504.1.2, §504.1.3, §504.1.4 and
§504.1.5 of this chapter with the following exception: References
to “Planned Residential Development”
shall read “Planned Mixed-use Development.”
504.13.2.
Authorized Uses. A building may be erected
or used, and a Lot may be used or occupied for any
of the following purposes, alone or in combination with one another:
504.13.2.1.
Townhouse Units.
504.13.2.2.
Multi-Family Dwellings.
504.13.2.3.
Multi-family, Multi-Story Dwellings.
504.13.2.4.
Any use authorized in the Central Business District.
504.13.2.5.
Open spaces and recreation areas.
504.13.2.6.
Child Day Care Center, provided, that the facility
is licensed according to Section 8-A of the Pennsylvania Department
of Public Welfare regulations; that the facility has a valid license
from the Pennsylvania Department of Public Welfare regulations; that
the facility has a valid license from the Pennsylvania Department
of Labor and Industry; and that the facility has a certificate of
approval from the Allegheny County Health Department.
504.13.3.
Area Standards. Minimum area requirements for open space as
a percentage of total site area shall be 40%. This shall be deemed
to include open space on levels other than ground level.
504.13.4.
Building Grouping and Height.
504.13.4.1.
Building Grouping. Each building shall be oriented or arranged
to ensure adequate light and air, to avoid undue exposure
to loading or Parking Facilities and to preserve
visual and auditory privacy between adjacent Buildings and Lots.
504.13.5.
Building Height. Maximum height for residential and commercial uses authorized in this Part 5 shall be 100 feet. On sites within the boundaries of the Planned Mixed-use Development, maximum height may be increased provided that one or more of the
following amenities, satisfactory to the Municipality, are provided:
504.13.5.1.
Orientation of all Buildings to protect principal
views through the site.
504.13.5.2.
Reduced Building volume at Building
Heights above 80 feet.
504.13.5.3.
Provision of a facility available to the public such as a public
observation deck at a Building Height above 100 feet.
504.13.5.4.
Provision of a Street level pedestrian plaza
or other open space accessible to the general public and containing
one or more features such as gardens, fountains, sculpture or other
art forms.
504.13.5.5.
Pedestrian connection between buildings, parking areas and mass
transit stops.
504.13.5.6.
Subsurface concourse or bridge connection to other buildings.
504.13.6.
Vehicular and Pedestrian Access. The Development Plan shall provide for vehicular and pedestrian access to the Planned Mixed-use Development. For sites of five areas or
more, vehicular access to multi-family or commercial Structures in
a proposed Planned Mixed-use Development shall not
be through existing streets classified as Local Streets.
504.13.7.
Off-Street Parking. Off-street Parking Spaces shall be provided in accordance with the following requirements.
504.13.7.1.
One-family and Two-family Dwellings and Townhouse Units shall have a minimum of two Parking
Spaces per Dwelling Unit of which one shall
be covered or enclosed.
504.13.7.2.
Multi-family Dwellings and Multi-family,
Multi-Story Dwellings shall have a minimum of one Parking Space per Dwelling Unit which shall
be in a Garage.
504.13.7.3.
Parking requirements for Commercial Uses shall be as set forth in §20-817 of this chapter. For Commercial
Uses in which applicable parking ratios are established by
reference to zoning districts, the ratios set forth for the Commercial
Business District shall apply.
504.13.7.4.
Parking Facilities shall be designed to be
compatible with the architectural character of the Planned
Mixed-use Development. The imaginative use of walls, Fences,
landforms and planting to screen Motor Vehicles is
encouraged.
504.13.7.6.
The Commission may require such additional parking, loading
and service Areas for recreational facilities as shall be required
to meet the needs of residents and other potential users.
504.13.7.7.
Parking facilities shall be designed to provide convenient,
safe, secure access to the main structure. Access to residential units
shall be protected from inclement weather conditions. A maximum of
one Garage is authorized for each Structure in which
there is a residential Use.
504.13.8.
Open Space. Open space shall be provided in
accordance with the following standards.
504.13.8.1.
The Commission shall consider size, density, anticipated uses
and population, relationship to surrounding properties as they exist
or as they may be developed or redeveloped and other similar characteristics
of the proposed Planned Mixed-use Development in
determining the adequacy and effectiveness of the open space plan.
504.13.8.2.
Open space shall be designed to encourage safe comfortable pedestrian
movement; connection with nearby commercial, residential and transit
facilities; imaginative use of night lighting, benches and other open
space furniture, pavement textures, water fountains, art forms, shade
structures and the like.
504.13.8.3.
The remainder of these standards shall be the same as those
set forth at §504.9.2, §504.9.3, §504.9.4 and §504.9.5
of this chapter with the following exceptions:
504.13.8.3.1.
References to “Planned
Residential Development” shall read “Planned Mixed Use Development.”
504.13.8.3.2.
References to “Dwelling
Units” shall read “Residential or commercial Structure authorized in this Part 5.”
504.13.9.
Failure to Maintain Common Open Space, Common Elements or Common Service Facilities. These regulations shall be the same as those set forth at §504.10
of this chapter except that references to “Planned Residential
Development” shall read “Planned Mixed
Use Development.”
