Borough of Sharpsburg, PA ARTICLE II Form and Function

§ 27-201 Ordinance quick view.

1. The Zoning Ordinance of Sharpsburg Borough presents a straightforward and simple set of regulatory provisions related to retaining cohesive form and function of lot development within Sharpsburg Borough.

2. Requirements for proposed development within Sharpsburg Borough are summarized on the Article II maps and tables. These maps and tables include key development relationships pertaining to lot location, land use typologies, street typologies and additional massing information applicable to Sharpsburg Borough. As the relationship of buildings and streets is the foundation of the community, the way in which a lot presents its street wall as well as the way in which it is accessed by pedestrians and vehicles alike will enable Sharpsburg Borough to maintain development continuity and historical development patterns. The other articles of this chapter provide additional provisions related to zoning and land use.

3. A series of application process diagrams located on file at the Sharpsburg Borough Administrative Office outline the general parameters and steps associated with various types of development submissions.

§ 27-202 Zoning Map.

1. The Zoning Map is composed of a series of zoning districts (zones). The boundaries between zoning districts are, unless otherwise indicated, either the center lines of streets, alleys, rights-of-way, lot lines, railroads, streams or such lines extended.

2. The water surface and the land under the water surface of all waterways not otherwise zoned are placed in the same zoning district as the land which it abuts, as shown on the Zoning Map. Where the zones shown on the Zoning Map are different on opposite sides of the water area, then the zone on each side extends to the center line or midpoint of the water area.

3. Where zone boundaries are not clearly fixed by the above methods, they will be determined by the use of the scale of the Zoning Map.

4. Where a street or alley shown on the Zoning Map is officially vacated by replatting or otherwise, the land formerly in such street or alley right-of-way is included within the zoning district of adjoining lot(s) on either side of the vacated street or alley. Where the street or alley was a district boundary between two or more different zoning districts, the district boundary is the former center line of the vacated street or alley.

5. When there is disagreement on the location of zone boundaries, the Zoning Hearing Board will decide, as the Board has the power and duty of interpreting the intent of the Zoning Map in accordance with the spirit and purpose of the Zoning Ordinance of Sharpsburg Borough.

6. Records of all Zoning Map amendments are located on file in the Sharpsburg Borough's Administrative Office.

7. Sharpsburg Borough is divided into zones as shown on the Zoning Map of Sharpsburg Borough, referred to as the "Official Zoning Map," together with all explanations on it, which is adopted by reference and declared to be a part of this chapter.

8. The Zoning Map of Sharpsburg Borough is identified by the signature of the President of the Borough Council, attested by the Borough Manager/Borough Secretary and bears the seal of Sharpsburg Borough under the following words: "This is to certify that this is the Zoning Map referred to in Ordinance Number 16-03 of Sharpsburg Borough, Allegheny County, Pennsylvania," together with the date of adoption of this chapter.

9. No changes of any nature are made in the Official Zoning Map or except in conformity with the procedures set forth in this chapter. Any unauthorized change will be considered a violation of this chapter.

10. The Official Zoning Map located in Sharpsburg Borough's Municipal Building Administrative Office is the final authority as to the current zoning status in Sharpsburg Borough.

11. Any amendments legally adopted to change any zoning district boundaries of the Zoning Map are to be noted on the map by ordinance number and date of adoption of the amendment.

12. Borough Council may by ordinance update the parcel lines as available from Allegheny County on the Zoning Map, noting the applicable date and source on the Map.

§ 27-203 Zone uses and buildings.

[Amended at time of adoption of Code (see AO)]

Table 1: Zone Use Table

Table 1 identifies which land uses are permissible in each of the Borough's zones. After locating the zone in which the lot is located, use the listing of uses described in the table below to determine what uses are permissible or allowed as outbuildings, secondary uses or uses by conditional use of Borough Council. In accordance with the Pennsylvania Municipalities Planning Code, the Borough shares some land uses with Etna and Millvale Boroughs. Zoning ordinances of Etna Borough and/or land use that is not noted may be permissible in any zoning district of Sharpsburg.

KEY:

R = Use by Right; C = Conditional; S = Use by Special Exception

	Land Use		Sharpsburg Zones
			R-1	R-2	B	M	I	I-1	RO
Residential Uses	1	Single-family dwelling	R	R	C	R			R
	2	Two-family dwelling	C	R	C	R			R
	3	Townhouse	C	R	C	R			R
	4	Apartment		C		R			C
	5	Mobile home park
	6	Hi-rise residential		C		C			C
	7	Boardinghouse		C	R	C
	8	Group care facility		C	C
	9	Personal care boarding home	C			C
	10	All other residential uses
Non- residential Uses	1	Amusement arcade			R				R
	2	Animal hospital					R	R
	3	All other nonresidential uses						C
	4	Artisan workspace/sales				C	R	R
	5	Auto sales/service and repair				C
	6	Auto wrecking/ vehicle salvage yard						R
	7	Bakery/ confectionery			R	R	R	R	C
	8	Banks and financial institutions			R	R
	9	Bed-and-breakfast	R	R	R	R
	10	Brewery/brew pub/taproom			R	R	R	R	C
	11	Building material yards or establishments				R	R	R	C
	12	Clinic, small-scale				C
	13	Club/lodge	C	C	R	C
	14	Community center			R				C
	15	Convenience store			R	R	R		R
	16	Day-care facility	C	R	R	R	R	R
	17	Day-care home	C	R	R	R	R	R	R
	18	Emergency services			R	R
	19	Essential services			R	R	R	R
	20	Forestry	R	R	R	R	R	R
	21	Fuel/service stations			R	R		R	C
	22	Funeral home			R	R
	23	Grocery store/ butcher shop/green grocer			R	R			R
	24	Health/fitness club			R	R			C
	25	Home-based business, no- impact	R	R	R	R			C
	26	Home occupation	C	C	C	C
	27	Hospital				R
	28	Hotel/motel			C	C
	29	Laundromat			R	R
	30	Laundry and/or dry-cleaning plant			C		R	R
	31	Library			R	R
	32	Light manufacturing					R	R
	33	Livery
	34	Manufacturing, processing, producing or fabricating operation				C	R	R
	35	Marina, docks, portals for water access					R		C
	36	Medical office			R	R	R	R
	37	Mixed nonresidential/ residential			C	C
	38	Municipal building	C	C	R	R	R	R
	39	Noncommercial greenhouse	R	R		R
	40	Outdoor advertising					R	R
	41	Parking lot or facility, public	C	C	R	R	R	R	R
	42	Parking lot, private	R	R	R	R	R		R
	43	Personal and professional services		R	R	R			R
	44	Pharmacy		R	R	R			R
	45	Place of assembly/ worship	C		C	C
	46	Planned mixed-use development							C
	47	Printing, publications, and engraving plants			R	R	R	R
	48	Professional and business offices			R	R	R	R	R
	49	Public park, recreation area, playground	R	R	R	R	R	R	R
	50	Public utility building				S	S
	51	Research and development establishment	C	C	R	R	R	R
	52	Restaurant, sit-down			R	R			R
	53	Restaurant, takeout			R	R			R
	54	Retail, small-scale			R	R			R
	55	Riverboat gambling			R	R			C
	56	School, academic	R	R	R	R
	57	School, commercial/ other			R	R	R	R
	58	Sewage treatment facility			S	S
	59	Sexually oriented business						C
	60	Storage building for retail on premises			C	C
	61	Tattoo shop			R			R
	62	Terminal facility					C	C	C
	63	Tower, non- communication					S
	64	Theater			R	R			R
	65	Warehouse					R
	66	Wholesale business			C	R	R	R

§ 27-204 Lot dimension and building type standards.

1. Typical lot configuration.

2. Dimensional criteria per street type and lot type. (See also Street Typology Map.[1])

Parcel Key					Street Type
					S1	S2	S3	S4	S5	S6
A	Depth (minimum feet):				100	100	100	100	100	100
B	Front lot line width (minimum feet):				20	20	20	20	50	20
	Setbacks
		Principal Structure Setbacks
C			Front	Minimum (feet)	0	0	0	average of existing building setbacks on block	0	5
				Maximum (feet)	0	5	0	5	NA	10
D			Side	Minimum (feet)	0	2	2	2	5	2
				Maximum (feet)	2	NA	NA	NA	NA	NA
E			Rear	Minimum (feet)	0	0	0	0	0	0
F		Minimum Parking Setback
			Front (feet)		NA	NA	NA	NA	5	5
			Side (feet)		5	5	5	5	5	5
			Rear (feet)		5	5	5	5	5	5
G		Minimum setback - fences on side/rear yard (feet)			NA	0	0	0	0	0
H		Minimum setback - accessory structure (side/rear) (feet)			NA	NA	NA	2	10	5
Riverfront Overlay Lot Coverage				Maximum	65%

[1] Editor's Note: The Street Typology Map is an attachment to this chapter.

3. Building and street type schedule. (See also Street Typology Map.[2])

KEY: P = Permissible

Building Character Example	Building Type	Street Type
		S1	S2	S3	S4	S5	S6
	B1 Single		P		P	P	P
	B2 Twin		P		P		P
	B3 Row		P		P		P
	B4 Modular						P
	B5 Apartment/ Flat		P		P	P	P
	B6 Shop	P	P	P
	B7 Business SS		P	P		P
	B8 Business MS	P	P	P		P
	B9 Civic	P	P	P	P	P
	B10 Outbuilding A						P
	B11 Outbuilding B						P

[2] Editor's Note: The Street Typology Map is an attachment to this chapter.

§ 27-205 General application types/submission items.

Land use applications to the Borough shall, at a minimum, contain:

1. Residential land use applications.

A. Application form.

B. Site plan with utilities.

2. Nonresidential land use applications.

A. Application form.

B. Building elevation (at street).

C. Parcel map.

D. Site plan with utilities.

E. Cross section front yard to rear yard.

F. Copies of highway occupancy permit, National Pollutant Discharge Elimination System submissions, as well as Department of Environmental Protection and Municipal Authority application submissions.

3. Applications for land within the Riverfront Overlay shall follow a two-step process.

A. Step 1: Development Overview. In accordance with the Borough application form for land within the Riverfront Overlay, the development overview shall present the overall proposed development, relationship(s) of land uses, the scale, quantity and density of development, generally anticipated phasing, and vehicular/pedestrian circulation.

B. Step 2: Immediate Phase-Specific Plan. Following Borough Planning Commission review and recommendation associated with the development overview, the immediate phase-specific plan shall present the portion(s) of development that is proposed for immediate Borough approval.

4. Applications for land within the Neighborhood Design Overlay as submitted for Borough staff review.

A. Application form.

B. Site plan with utilities.

C. Design overlay checklist.

D. Building permit form.

§ 27-206 Neighborhood Design Overlay standards.

1. Applicability of these standards. To uphold the intent of the community planning and development objectives and policies, these design standards are intended to apply to all development, including those proposed as part of building permit, pertaining to identified lots within the applicable districts.

[Amended at time of adoption of Code (see AO)]

2. Application review and approval process.

A. These standards apply to the formal review of proposed development within the overlay. The application review process is triggered for any applicant seeking new construction or exterior changes or alteration to an existing building. Conformance with the Neighborhood Design Overlay standards may be reviewed concurrently with a land development, change of land use or building permit application.

B. Any application identifying a proposed request for modification to these standards shall be subject to Borough Planning Commission review and recommendation. Borough Council reserves the right to grant modifications to these standards based upon findings from application review and subsequent Planning Commission recommendation.

C. The purpose of these standards is to provide regulations and written and graphic standards to:

(1) Implement the Borough's Comprehensive Plan and related planning documents.

(2) Create standards that are sensitive to the context of the Borough and architectural character of the community's traditional neighborhoods and downtown.

(3) Address the legislative intent of each design standard within this article.

(4) Promote general consistency of the built environment within the Borough. Buildings play a critical role in defining and activating streets, which in turn define the neighborhood development overlay area.

D. Overall intent for general consistency.

(1) Borough intent.

(a) These standards are enabled by Section 708-A of the Pennsylvania Municipalities Planning Code, titled "Manual of Written and Graphic Design Guidelines."[1]

[1] Editor's Note: See 53 P.S. § 10708-A.

(b) The sense of place within the neighborhood is intended to create a more functional and attractive outcome for the quality of life in the Borough.

(c) Images provided are intended to represent general applications of design or preferred examples, not specific details to specific sites.

(2) Standards. Planning, design, construction and maintenance of new and/or redeveloped buildings, structures, public realm, landscapes and hardscapes are to be generally consistent with this article.

E. Criteria.

(1) Building location (build-to line).

(a) Objective.

1) Buildings are intended to be located close to sidewalks, with parking located in the rear and/or side.

2) Traditional development in the Borough's downtown is intended to form a continuous street wall along all streets.

(b) Standards.

1) Buildings shall be located on a build-to line adjoining the sidewalk.

2) New buildings on a block shall be located in alignment with existing buildings.

3) For a lot with a front lot line of 30 feet or greater in width, a maximum of 25% of the front face of the building may be set back a maximum of three feet from the front line of the building.

4) Buildings shall be located to anchor street corners, except where a Borough open space may be located.

5) No accessory structure, utilities or dumpsters shall be located between the front line of a building and the front lot line.

(2) Building size and types.

(a) Objective.

1) Smaller footprint mixed-use buildings are intended to predominate the building stock found in the overlay area.

2) Maintain a diversity of building types based on the character of the overlay area and adjoining neighborhoods.

(b) Standards.

1) New buildings shall be designed to be compatible in size with the predominate size of buildings on the same block.

2) Vertical mixed-use buildings shall be maintained and created in the overlay area.

(3) Building height.

(a) Objective.

1) Redeveloped and infill buildings are intended to reflect the predominant height pattern of established development within the overlay.

2) New buildings shall be at least two stories.

(b) Standards.

1) The minimum height of principal buildings in the overlay shall be 20 feet.

2) The maximum height of buildings shall be 50 feet unless otherwise defined by this chapter.

3) Additional height is encouraged at gateway and corner locations for architectural features such as designated entrances.

(4) Building frontage.

(a) Objective.

1) Building configuration must reinforce the urban character of the Borough.

2) Buildings must be designed to reinforce public streets and open spaces.

3) Facade composition helps establish the visual interest of a building and determine how it blends in with its surroundings.

(b) Standards.

1) Primary entrances of buildings must be located on public streets or open spaces and must be easily identifiable; buildings must not be oriented to front on parking or service areas.

2) A minimum of 60% of the square footage of the facade adjacent to the right-of-way on the ground floor shall be window surface area. On each story above the ground floor, the facade of said story shall have a transparency of at least 35% of the gross square footage of said facade.

3) No more than 30% of the window surface area for the ground-floor facade shall be blocked by interior fixtures, opaque surfaces and/or signs, unless such a fixture is used for the display of merchandise visible to patrons from the street.

(5) Building massing.

(a) Objective.

1) Vertically proportioned buildings are to predominate neighborhood development.

(b) Standards.

1) Buildings are to be taller than they are wide or have a facade design that emphasizes vertical proportions.

2) Building massing should reflect human-scaled elements.

3) Any new or redeveloped existing building visible from the public right-of-way shall contain a minimum of two stories from grade. Each story shall be capable of occupancy by a use as permitted within the underlying zoning district/overlay.

(6) Building materials.

(a) Objective.

1) Common architectural language is encouraged.

2) Building materials must reinforce the sustainable attitudes the Borough upholds.

(b) Standards.

1) Building facades visible from Borough streets should use durable, high-quality materials with brick and finished wood preferred. Masonry, stone and terra cotta along with detailing are acceptable secondary materials.

2) The following materials are prohibited on all facades visible from public streets: particle board, plywoods and plastic sheathing, asphalt and fiberglass shingles as siding, vinyl siding, mirrored glass, industrial metal panels, concrete masonry units including prefinished types, exposed aggregate precast concrete block, exterior finish insulation systems and simulated brick.

3) Use of the following materials is discouraged: vinyl siding, wood roof shingles, split-faced concrete, reflective glass and imitation stone.

4) Roofscapes must be considered as important aspects of building design, as they are visible from the higher elevations of surrounding communities and Route 28. Roofing materials must be selected to be visually pleasing. Arrangement of mechanical equipment must be orderly and either screened or painted.

(7) Lighting.

(a) Objective.

1) Lighting must create a safe, attractive nighttime environment.

2) Lighting must express a hierarchy of pedestrian and vehicular zones.

3) Lighting must define building entrances as well as highlight architectural and landscaping features.

4) Lighting must provide the required functional lighting for safety and clarity of movement.

5) Lighting must minimize negative impacts such as high illumination levels, distracting glare and spillover into surrounding areas, thus measuring 0.0 footcandle at any lot line.

6) All lighting must be dark-sky compliant.

(b) Standards.

1) Building illumination. Illumination must be indirect (no light source visible). Indirect wall lighting, overhead downlighting or interior illumination which spills outside is encouraged.

2) Building entrances and architectural features should be clearly highlighted and defined.

3) Parking areas should be well-lit and accented to provide a safe environment. Fixtures should be selected to minimize distracting glare and hazardous interference of any kind while complementing the scale of surrounding buildings. Between the hours of midnight and 7:00 a.m., parking area lighting shall be reduced to 50% typical illumination.

4) Open spaces. Maximum pole height of 14 feet should be used.

§ 27-207 Riverfront Overlay District.

[Amended 12-22-2022 by Ord. No. 22-14]

1. Overview.

A. Overlay purpose. The intent and purpose of the Riverfront Overlay is to create a diverse and inclusive mixed-use district that expands land use offerings, serves as an extension of Sharpsburg's established neighborhoods, and provides a combination of residential dwelling unit types and sizes, businesses serving daily residential needs, and employment opportunities. To unlock the Borough's redevelopment potential, the Overlay envisions and accommodates redevelopment opportunities that capitalize infrastructure, reinforce quality of life for Borough residents and visitors alike, and provide publicly accessible, quality open space and open space connections along the Allegheny River.

B. Authorization. The provisions and development parameters included in the Riverfront Overlay are based on the authorizations and objectives of traditional neighborhood development (TND) as established by Article VII-A of the Pennsylvania Municipalities Planning Code ("MPC"), as amended.[1]

[1] Editor's Note: See 53 P.S. § 10701-A et seq.

C. Objectives. The objectives of the Borough's Riverfront Overlay cumulatively work together to provide processes and standards for developing a riverfront-oriented traditional neighborhood as a new, mixed-use district. The Overlay encourages an extension of the Borough's existing land use patterns and development intensity as well as the infill on land areas that were previously used for industrial purposes and devoid of public infrastructure. The objectives of the Riverfront Overlay are as follows:

(1) To encourage innovations in specialized residential and nonresidential development which makes use of a mixed-use form of development. Such mixed-use development shall provide a variety in type, design and layout of land uses, buildings, and structures and shall integrate land use with open spaces;

(2) To encourage a more efficient use of land and of public services to reflect changes in the technology of land development so that economies secured may benefit those who need housing accommodations and for other uses;

(3) To accommodate a more diverse range of housing options that are within close proximity to goods and services;

(4) To minimize traffic congestion, infrastructure costs and environmental degradation while accommodating for parking and public water/sewer demands;

(5) To foster development that capitalizes the extent of infrastructure;

(6) To right-size the scale of buildings to rights-of-way, streets, and open spaces;

(7) To create and connect open space areas suitable for mixed-use development;

(8) To utilize architecture to define public spaces and vistas;

(9) To ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay;

(10) To promote the implementation of the objectives of the Borough's planning efforts for guiding compatible development; and

(11) To establish an approval process that considers the infrastructure costs involved in restoring Sharpsburg's riverfront for public use, development scale, neighborhood compatibility, and environmental protection while promoting public health, safety, and welfare.

D. Applicability. If an applicant elects to utilize the Riverfront Overlay, the Riverfront Overlay requirements and criteria supersede the requirements and permissions of any base zoning districts that may underlay the Riverfront Overlay itself. As such, any applications for development or redevelopment (regardless of ownership, size, development phasing, and timing) situated within the boundaries of the Overlay as delineated on the Borough Zoning Map shall comply with the standards and requirements contained in Table 1A of this section.

E. Preliminary and final zoning and land development approval. Development within the Riverfront Overlay requires a two-step approval process. This process entails a preliminary zoning approval and a final zoning and land development approval. The requirements for each individual step of the process are outlined below:

(1) Preliminary zoning approval. A Master Plan for the proposed development or redevelopment, whether simultaneously or incrementally, shall be approved by Borough Council. The preliminary zoning approval application shall include all information and elements as required by Subsection 2, inclusive of an application form, Master Plan, Public Open Space Plan, Worksheet 1: Master Plan Summary, traffic impact study and a master developer agreement. The development parameters depicted in the Master Plan, the Public Open Space Plan and documented on Worksheet 1 represent the development thresholds against which future final zoning and land development approvals will be evaluated.

(2) Final zoning and land development approval. After obtaining preliminary zoning approval of the Master Plan from Borough Council, final zoning and land development approval must be obtained from Borough Council for each development phase, development lot, building and/or set of buildings, which may be obtained in conjunction with a preliminary zoning approval and final zoning and land development approval application in accordance with the Borough's Subdivision and Land Development Ordinance.[2] The final zoning and land development approval shall include all information and elements as required by Subsection 3 and inclusive of Worksheets 2 and 3, and Submission Checklist 1.

[2] Editor's Note: See Ch. 22, Subdivision and Land Development.

(3) Conformance to previous approvals. All applications for final zoning and land development approval shall be in conformance with the previously approved preliminary zoning approval as documented in Worksheet 1. No building, road, street, trail, utility, or public open space area shall be constructed until final zoning and land development approval for said proposed phasing is obtained. In instances where a final zoning and land development approval application deviates from the development standards noted by the applicant in Worksheet 1, the applicant shall obtain a modification, variance, or amendment in accordance with the extent of the deviation and in compliance with the procedures listed in Subsection 1H (modifications, updates, variances and amendments). Submission and consideration for final zoning and land development approval may then follow the Borough Council's approval of the updated Master Plan.

(4) Effective approval. Upon preliminary zoning approval, all future applications for final zoning and land development approval shall conform to the standards applicable at the time of the preliminary zoning approval.

F. Dimensional requirements.

(1) Table 1A outlines the dimensional requirements within the Riverfront Overlay subject to review during the preliminary zoning approval. Refer to Figures 1 through 11 for additional illustrations associated with development scale and dimensional requirements.

Table 1A. Master Plan Dimensional Requirements
	Development Standards
Minimum master plan area	10 acres
Maximum gross building floor area ratio (GFAR) (see Figures 1 to 4)	1.5
Maximum building height (see Figure 5)
Standard building	95 feet
Landmark building	150 feet
Accessory building	36 feet
Minimum spacing between
Block breaks, center to center (see Figure 6)	350 feet
Landmark buildings (see Figure 8)	60 feet
Standard buildings (see Figure 7)	No minimum
Maximum gross impervious surface area (see Figure 10)	80%
Minimum public open space (not including incidental or nonpublic) (see Figure 11)	20% of the master plan area
Minimum off-street parking ratio
Residential	0.75 per dwelling unit
Nonresidential/mixed-use	2 per 1,000 square feet

(2) Table 2A outlines the dimensional requirements within the Riverfront Overlay subject to review during the final zoning and land development approval.

(3) Refer to Figures 1 through 11 for additional illustrations explaining the following dimensional requirements. These dimensional standards shall pertain only to the site plan.

Table 2A. Site Plan Dimensional Requirements
	Development Standards
Minimum lot area	No minimum
Maximum building height (see Figure 5)
Standard building	95 feet
Landmark buildings	150 feet
Accessory building	36 feet
Spacing between
Block breaks, maximum center to center (see Figure 6)	350 feet
Landmark buildings, minimum (see Figure 8)	60 feet
Standard buildings, minimum (see Figure 7)	None
Accessory buildings, minimum	None
Minimum landmark building step-back width (see Figure 9)	12 feet
Maximum site impervious surface area	100%
Minimum public open space (not including incidental or nonpublic) (see Figure 11)	0% of lot area

(a) Maximum site impervious surface area. Only pertains to a specific development lot within the approved master plan boundary. All lands beyond the Master Plan boundary are not applicable to the site plan requirements.

(4) Master plan and site plan dimensional figures.

Figure 1

MASTER PLAN AREA

Figure 2

BUILDING FLOOR AREA (BFA)

Figure 3

BUILDING FLOOR AREA RATIO (FAR)

Figure 4

GROSS BUILDING FLOOR AREA RATIO (GFAR)

Figure 5

BUILDING TYPES

Figure 6

BLOCK BREAKS

Figure 7

STANDARD BUILDING SPACING

Figure 8

LANDMARK BUILDING SPACING

Figure 9

LANDMARK BUILDING STEP-BACK

Figure 10

IMPERVIOUS SURFACE AREA

Figure 11

PUBLIC OPEN SPACE

G. Permitted land uses.

(1) Table 3A outlines the permitted land uses in the Riverfront Overlay, alongside its corresponding use permissions (UP) and whether the use is considered an active ground floor use (AGFU).

(2) Areas where active ground floor uses are delineated on the Master Plan are inclusive of but not limited to land uses identified as AGFU in Table 3A.

(3) See § 27-302: Uses for conditional use; standards for specific uses for any conditional uses listed in Table 3A.

Table 3A. Permitted Land Uses

UP = Use permissions

AGFU = Active ground floor use

R = Use by right

C = Conditional use

Permitted Land Use		UP	AGFU
Residential
Single-family dwelling		R	No
Two-family dwelling		R	No
Townhouse		R	No
Apartment		R	No
Mid-rise residential		R	No
High-rise residential		R	No
Convalescent care		R	No
Nonresidential
Bakery/confectionery		R	Yes
Banks and financial institutions, with no drive-through		R	Yes
Bed-and-breakfast		C	Yes
Brewery/brew-pub		R	Yes
Community center		R	Yes
Conference/learning center		R	Yes
Convenience store		R	Yes
Civic/cultural center		R	Yes
Day-care facility		R	Yes
Day-care home		R	Yes
Essential services		R	No
Grocery store/butcher shop/green grocer		R	Yes
Health/fitness club		C	Yes
Home-based business, no impact		R	No
Home occupation		C	No
Hotel		R	Yes
Library		R	Yes
Live-work		C	Yes
Marina, docks, portals for water access		R	Yes
Medical office		R	Yes
Mixed use		R	Yes
Municipal building		R	No
Parking lot or facility, public		R	No
Parking lot, private		R	No
Personal and professional services		R	Yes
Pharmacy, with no drive-through		R	Yes
Professional or business offices		R	Yes
Public park, recreation area, playground		R	Yes
Innovation research		C	No
Research/education facility		R	Yes
Research and development establishment		R	No
Restaurant, sit-down with no drive-through		R	Yes
Restaurant, take-out with no drive-through		R	Yes
Retail, small-scale		R	Yes
Theater		R	Yes
Pilot manufacturing		R	No
Artisan workspace/sales		R	Yes

(4) The following land uses are not subject to a preliminary zoning approval or the associated development parameters of this section.

(a) Agriculture/agricultural operation.

(b) Forestry.

H. Modifications, updates, variances and amendments. The Borough recognizes that, over time, some areas within the Riverfront Overlay may be difficult to develop in full compliance with the Riverfront Overlay's requirements and criteria. As permitted by Pennsylvania Municipalities Planning Code,[3] the Riverfront Overlay incorporates a variety of relief forms and related approval processes/procedures for Borough Council to use in evaluating an applicant's request for relief. The forms of relief permitted by the Riverfront Overlay include:

(1) Modifications. The Riverfront Overlay requires mandatory compliance of all development and redevelopment projects. However, the Borough Council recognizes that some areas within the Riverfront Overlay may encounter unforeseen obstacles or impediments to the reasonable use, function, enjoyment, and/or redevelopment of the former industrial area. These circumstances may make it difficult to conform with the Riverfront Overlay's regulations and standards and most likely occur after a preliminary zoning approval has been granted. Pursuant to the Pennsylvania Municipalities Planning Code's Article VII-A,[4] two types of modifications are permitted by this Riverfront Overlay.

(a) Master Plan modifications. Certain Master Plan-related dimensional requirements could be modified after a preliminary zoning approval has been granted for a submitted Master Plan. Such Master Plan modifications shall be requested by an applicant and approved by Borough Council. A Master Plan modification shall be a one-time exception for a specific area or building included in the Master Plan and shall not be considered an amendment to the dimensional requirements of the Riverfront Overlay. Consequently, a modification shall not be considered a precedence. The Master Plan's dimensional requirements that are eligible for modification include:

1) Maximum land use allocations.

2) Gross impervious surface area.

3) Block break spacing.

4) Maximum peak-hour traffic volume.

5) Inclusionary housing development.

6) 

Minimum off-street parking ratio.

a) Residential.

b) Nonresidential.

(b) Site plan modifications. Certain specific dimensional requirements outlined in Subsection 3, Final zoning and land development approval, are eligible for modification as requested by an applicant and approved by Borough Council. These modifications are applicable to the approval of a site plan and shall not affect or alter an approved Master Plan. The specific dimensional requirements related to a site plan that are eligible for modification include:

1) Minimum lot width.

2) Maximum standard building height.

3) Maximum landmark building height.

4) Maximum accessory building height.

5) Maximum block break spacing.

6) Minimum building step-back width.

7) Shared off-street parking agreements.

[4] Editor's Note: See 53 P.S. § 10701-A et seq.

(2) Modification criteria. To encourage innovation and to optimize development efficiencies, Borough Council may, upon review and consideration of the following standards in preliminary zoning approval and final zoning and land development approval, grant the modification of an eligible general or specific dimensional requirements. The considerations for granting a modification include but are not limited to:

(a) The modification will better serve the intended purposes of this Overlay;

(b) Such modifications will not result in adverse impact to adjoining properties, nor future inhabitants within the Riverfront Overlay;

(c) The modifications will not result in an increase in the permissible gross building floor area ratio;

(d) Such modifications will not result in a decrease in the minimum required open spaces; and/or

(e) The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria.

(3) Updates. An update is considered a nonsubstantive correction or clarification to a previously submitted and/or approved preliminary zoning or final zoning and land development approval application(s). Such updates shall not be considered a modification, a variance or an amendment to any previous approvals and are not subject to Borough Council approval. Updates shall be provided to the Borough for record and shall replace the previous materials and application contents.

(a) If no specific inputs documented by an applicant in Worksheets 1, 2 or 3 are changed or altered, an applicant may update a preliminary zoning approval previously approved by Borough Council or the submission contents of a submitted final zoning and land development approval application.

(b) In the case of a proposed update to a final zoning and land development approval, these updates must be approved prior to any further review and consideration of a final zoning and land development approval. If any of the updates in the final zoning and land development approval affects an approved preliminary zoning approval, the applicant must update the preliminary zoning approval prior to updating the final zoning and land development approval.

(c) Variances. In accordance with the Pennsylvania Municipalities Planning Code,[5] as an alternative to a modification, an applicant may elect to pursue a variance as evaluated and granted by the Borough of Sharpsburg's Zoning Hearing Board.

[5] Editor's Note: See 53 P.S. § 10101 et seq.

(d) Amendments. If an applicant seeks to change or alter any specific language or development standards within the Riverfront Overlay District, the applicant shall go through a formal amendment process in accordance with Pennsylvania Municipalities Planning Code Section 609.[6]

[6] Editor's Note: See 53 P.S. § 10609.

[3] Editor's Note: See 53 P.S. § 10101 et seq.

2. Preliminary zoning approval.

A. Preliminary zoning approval summary.

(1) As part of the preliminary zoning approval, key features of the proposed development are summarized on maps, tables, text, and graphics that include key relationships pertaining to structures, open space, location, land use typologies, street typologies and additional applicable development information. To navigate through this section and determine the zoning parameters for any specific lot situated within the Borough of Sharpsburg, an applicant should review and complete the following steps. A series of application process worksheets kept on file at the Borough of Sharpsburg Municipal Building also outline the general requirements and steps associated with various types of development submissions. The following items and exhibits are required as part of preliminary zoning approval:

Table 4. Preliminary Zoning Approval Submission Contents
Mandatory Submission Contents for Planning Commission Review and Consideration	Mandatory Submission Contents for Borough Council Review and Consideration
Application form	Application form
Master Plan	Master plan
Public Open Space Plan	Public Open Space Plan
Worksheet 1	Worksheet 1
	Traffic impact study
	Master developer agreement

B. Preliminary zoning approval submission requirements.

(1) Application form.

(a) Application available from the Borough's Zoning Officer.

(2) Master plan.

(a) The following must be graphically depicted or denoted on the Master Plan:

1) Development area. The location and extent of land not otherwise dedicated to public open space and/or road rights-of-way.

2) Land use mix. The percentage of residential and nonresidential uses as permissible by the Riverfront Overlay shall be identified in accordance with the minimums and/or maximums permitted within this Overlay.

3) Active ground floor use zone. The applicant shall indicate the general locations active ground floor uses will be located within the Master Plan. Active ground floor uses are identified in Table 3A.

4) Circulation. The applicant shall indicate access roads providing sufficient flow of traffic throughout the development area.

5) Road typology. The applicant shall indicate the types of roads proposed in the Master Plan classified by a range of public right-of-way widths. The following road typologies shall be identified:

a) Type 1 road. Any road or street with a right-of-way greater or equal to 50 feet wide.

b) Type 2 road. Any road or street with a right-of-way greater than or equal to 40 feet and less than 50 feet wide.

c) Type 3 road. Any road, street, alley or mews with a right-of-way less than 40 feet wide.

6) Build-to line. All new construction shall be subject to the following build-to-zone requirements. A build-to diagram shall be prepared which illustrates the general block-by-block relationship of the following:

a) Zone 1. All structures located along Zone 1 as identified in the Master Plan shall occupy no less than 80% of the lot frontage along the build-to-zone.

b) Zone 2. All structures located along a Zone 2 as identified in the Master Plan shall occupy no less than 50% of the lot frontage along the build-to-zone.

c) Zone 3. All structures located along a Zone 3 as identified in the Master Plan shall occupy no less than 25% of the lot frontage along the build-to-zone.

(3) Public open space plan. The Public Open Space Plan shall illustrate public open space and any proposed public open space enhancements as detailed on Worksheet 1. See § 27-207, Subsection 2B(4)(a)2)a) for additional requirements related to public open space enhancements.

(4) Worksheet 1: Master plan summary.

(a) The applicant shall provide figures and measurements for the plan that include the following:

1) Master Plan area. The entire lot area in acres included in the proposal for preliminary zoning approval.

2) Public open space. The applicant shall document the number of acres dedicated to publicly accessible open space, counting towards the 20% minimum requirement, which includes riverfront related public spaces and trail and/or other common areas that are publicly accessible. (See Figure 11.)

Figure 11

PUBLIC OPEN SPACE

a) Public open space enhancement. If an applicant provides additional public open space in addition to the minimum 20% requirement within the Master Plan area, then the applicant shall be granted the following FAR bonuses by right. The applicant may develop additional open space in partnership with landowners outside of the Master Plan area to achieve FAR bonuses. All FAR bonuses resulting in public open space enhancements within and/or outside of the Master Plan area are calculated based on the acreage of the Master Plan area.

i If a minimum of 2.5% to less than 5% additional public open space is achieved, .1 FAR bonus is granted.

ii If at least 5% to less than 7.5% additional public open space is achieved, .2 FAR bonus is granted.

iii If at least 7.5% to less than 10% additional public open space is achieved, .3 FAR bonus permitted.

iv If at least 10% to less than 12.5% additional public open space is achieved, .4 FAR bonus permitted.

v If at least 12.5% to less than 15% additional public open space is achieved, .5 FAR bonus permitted.

vi If at least 15% additional public open space is achieved, .6 FAR bonus permitted.

b) Incidental and nonpublic open space.

i Incidental open space. The number of acres dedicated to publicly accessible open space consisting of residual land areas within the development, such as parking lot islands and landscaping areas within the right-of-way, and does not count towards the minimum 20% public open space requirement.

ii Nonpublic open space. The number of acres dedicated to other open space areas not intended for general public access or use. Nonpublic open space does not count towards the 20% requirement.

3) Gross building floor area. The total of all building floor area of all buildings inclusive of public and nonpublic building space and proposed land uses. Gross building floor area does not include parking areas or parking structures.

4) Maximum land use allocations. Calculated based on the applicant's gross building floor area (GFA). The applicant shall indicate the portion of the Master Plan's gross building floor area that shall be dedicated to residential uses and the portion of the Master Plan's gross building floor area that shall be dedicated to nonresidential uses.

a) Residential. Total building floor area (BFA) dedicated to residential uses as a percentage of gross building floor area (GFA).

b) Nonresidential. Total building floor area (BFA) dedicated to nonresidential as a percentage of gross building floor area (GFA).

5) Gross building floor area ratio (GFAR). The applicant shall compute the ratio of the gross building floor area (GFA) indicated on the Master Plan in comparison to the Master Plan area (see Figures 1 through 4).

Figure 1

MASTER PLAN AREA

Figure 2

BUILDING FLOOR AREA (BFA)

Figure 3

BUILDING FLOOR AREA RATIO (FAR)

Figure 4

GROSS BUILDING FLOOR AREA RATIO (GFAR)

6) Gross impervious surface area. The applicant shall document the amount of impervious surface in acres included in the Master Plan. The calculation includes the following surfaces (see Figure 10):

a) Buildings (excluding any square footage dedicated towards a green roof installation).

b) Roads.

c) Parking.

d) Trails, sidewalks and other pavement areas.

Figure 10

IMPERVIOUS SURFACE AREA

7) Maximum building height. The applicant shall document the tallest building height proposed in the Master Plan (in feet) for standard buildings, landmark buildings, and accessory buildings/structures. All buildings shall be measured in accordance with § 27-1201. (See Figure 5.)

Figure 5

BUILDING TYPES

a) Standard building. Standard buildings represent the anticipated majority of the building massing within the Master Plan.

i Height. All standard buildings shall be no more than 95 feet in height, measured in accordance with § 27-1201.

b) Landmark building. Taller buildings strategically placed to provide a unique urban experience with varied architectural scale and focal points.

i Orientation.

(i) Landmark buildings with a floorplate of less than or equal to 20,000 square feet may be oriented either parallel or perpendicular to the Allegheny River.

(ii) Landmark buildings with a floorplate greater than 20,000 square feet must be oriented perpendicular to the Allegheny River to provide sufficient porosity and pedestrian sight lines. (See Figure 12.)

Figure 12

LANDMARK BUILDING ORIENTATION

ii Architectural design features such as podiums may be constructed to abut or upon which a landmark building may be erected.

iii Height. All landmark buildings shall be no more than 150 feet in height, measured in accordance with § 27-1201 and associated building Figure 5.

c) Accessory building.

i Ground floor area. No limit on ground floor area, assuming compliance with dimensional requirements outlined in Table 1A.

ii Orientation. No orientation requirement, assuming compliance with dimensional requirements outlined in Table 1A.

iii Height. All accessory buildings/structures shall be no more than 35 feet in height, measured in accordance with § 27-1201.

8) Inclusionary housing development. The applicant shall provide inclusionary housing development equal to a minimum of 15% of the residential dwelling units proposed in the Master Plan. Inclusionary housing development shall be delivered as a combination of affordable and workforce housing units. For the purposes of the preliminary zoning approval, all topics inclusive of conditions and agreed upon terms, the location (off-site versus on-site, or a combination thereof), and future income eligibility levels (affordable versus workforce) of any inclusionary housing development shall be addressed in the master developer agreement and shall not be specifically denoted on the Master Plan.

9) Maximum off-site traffic. The applicant shall indicate the number of peak-hour trips per hour, not exceeding the maximum number of peak-hour trips established by the PennDOT approved traffic impact study (TIS).

(5) Traffic impact study.

(a) The applicant shall complete a traffic impact study (TIS) for the preliminary zoning approval and subject to approval by PennDOT District 11 and reviewed by the Borough. The TIS will identify total trip generation for full buildout of the site (including total net new weekday a.m. peak hour, weekday p.m. peak hour, and Saturday peak-hour trips) and the necessary transportation improvements to be constructed by the applicant to accommodate the additional trips. The TIS will also identify any applicable phased improvements to support the proposed Master Plan.

(b) The applicant shall prepare a transportation compliance letter for each proposed new development within the site. The transportation compliance letter will include the following:

1) Proposed development is phased relative to construction of required infrastructure improvements identified in the TIS for the Master Plan.

2) Number of net new weekday a.m. peak hour, weekday p.m. peak hour, and Saturday peak-hour trips estimated to be generated by the proposed development uses based on trip rates in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

3) Debiting summary documenting the total net new weekday a.m. peak hour, weekday p.m. peak hour, and Saturday peak-hour trips consumed by the development to date, and the new weekday a.m. peak hour, weekday p.m. peak hour, and Saturday peak-hour trips maintaining for future development relative to the total trip generation from the original approved TIS.

4) In the event the total net new trips generated by the proposed development within the master site exceeds the total net new weekday a.m. peak hour, weekday p.m. peak hour, and Saturday peak trips identified in the original approved TIS, developer shall prepare a new traffic impact analysis to assess the impact of the excess trips.

C. Master developer agreement.

(1) A master developer agreement shall include time frames mutually agreed upon by the applicant and the Borough. These time frames will be established to fulfill long-term obligations related to public open space, and inclusionary housing development as set forth in the preliminary zoning approval. In the instance where the preliminary zoning approval has been updated, the master developer agreement shall be revised to reflect changes made in the Master Plan.

(a) Public open space. The Borough and the applicant shall agree upon an acceptable time frame to dedicate future public open space areas.

(b) Three Rivers Heritage Trail agreements. Depending on the future development lot, the applicant shall provide the Borough with the pertinent portions of any Three Rivers Heritage Trail agreements. These agreements may or may not involve trail locations that coincide with the boundary of the minimum 20% public open space requirement.

(c) Inclusionary housing compliance agreement. The Borough and the applicant shall agree upon an acceptable time frame to provide the 15% of total residential dwelling units identified on the Master Plan dedicated to inclusionary housing development. The time frame should consider the availability of infrastructure, investment, supporting development, and specialized financing. Consequently, the time frame shall not be directly tied to market-rate housing development.

1) Worksheet 1 defines the number of residential dwelling units dedicated for inclusionary housing development.

2) The applicant may request a modification to this agreement of which any modification should also be reflected as an update to Worksheet 1.

3) At no time shall the applicant be obligated for inclusionary housing development greater than 15% of total dwelling units already constructed.

4) The applicant shall not be obligated to provide 15% of total dwelling units as inclusionary housing at any given time, subject to compliance with the acceptable timeframe agreed upon between the applicant and the Borough.

5) At the Borough's discretion and with the agreement of the applicant, a portion of the inclusionary housing development requirement may occur outside of the Master Plan area.

3. Final zoning and land development approval. In accordance with the preliminary zoning approval, an applicant may submit an application for final zoning and land development approval. In concert with the permissions of MPC Article VII-A,[7] the applicant shall submit a site plan and, concurrently, any related land development plans including construction plans for public and private improvements, permits and approvals, landscape plan, typical site cross-sections, common area plans, building elevations and other architectural drawings, public sewage, public water, stormwater facilities, highway occupancy permits (if applicable), agreement for dedication of roads and streets, parking agreements (if applicable), deed restrictions, easements, and protective covenants, and proof of approval from other agencies.

A. Final zoning and land development approval submission. The following submission items for final zoning and land development approval are subject to review by the Planning Commission and to be approved by Borough Council.

B. Final zoning and land development approval submission contents.

(1) Application form.

(2) Worksheet 2: Site plan input worksheet.

(a) Worksheet 2 provides a set of dimensional requirements needed for specific parcels to conform to the standards adopted in the Overlay.

(3) Worksheet 3. Master plan reconciliation summary.

(a) Worksheet 3 utilizes the standards put forth in Worksheet 1 and incorporates the applicant's site plan summary into the remaining development entitlement. This ensures that all developments remain in compliance with the Master Plan.

(4) Submission Checklist 1. Final Zoning and Land Development Approval Submission.

(a) Submission Checklist 1 provides the applicant a checklist of deliverables needed for final zoning and land development approval from the Borough. For the Borough to begin the review process, all submission items must be submitted simultaneously, unless otherwise permitted by the Commonwealth of Pennsylvania. In the case where another governmental or agency review is necessary, the applicant shall provide documentation proving that said process is underway. Submission Checklist 1 includes the following items:

1) Site plan.

a) A Site Plan shall be provided in an accurate and final form appropriate for recording. Land Development Plans shall be submitted on sheets measuring 24 inches by 36 inches, or other size requested by the Allegheny County Department of Real Estate. Where necessary to avoid sheets larger than the maximum size prescribed above, Site Plans shall be drawn on multiple sheets and accompanied by a key diagram showing relative location of the sections.

b) The Site Plan shall be in such a format and/or such material as is required for recording by Allegheny County. The Site Plan shall also meet the following requirements:

i Copy of the approved preliminary plan.

ii Final land use table indicating specific building uses.

iii Final plat, in accurate and final form for recording. The final plat shall include the following:

(i) Title block, placed in the lower right-hand corner and containing the following information:

(A)	The name and location of the subdivision or land development, the plan date and the date of any revisions.
(B)	The name and plan book volume and page numbers of the previously recorded plan, if any.
(C)	Name, address and phone number of the owner of record and the developer.
(D)	Name, address and phone number of the firm that prepared the plans, and the name, seal and registration number of the surveyor who prepared the plan.
(E)	Sheet number, North arrow and graphic scale.

c) Tract boundaries, right-of-way lines of streets, easements and other right-of-way lines with accurate distances to hundredths of a foot and bearings to 1/4 of a minute. Tract boundaries shall be determined by field survey only and shall be balanced and closed. Surveys shall be prepared in accordance with the standards contained in the Allegheny County Subdivision and Land Development Ordinance.

d) Complete curve data for all curves included in the final plat, including radius, arc length, chord bearing and chord distance.

i Location, type and size of all monuments and lot line markers. State whether found, set or to be set.

ii Approved street names and street right-of-way widths.

iii Lot numbers, lot dimensions, lot areas in square feet and building setback lines.

iv Tabulation of area data in acres and square feet, including lots, parcels, units, areas dedicated for rights-of-way, etc., and total plan area.

v Lot and block or tax map parcel numbers.

vi Easements and rights-of-way for all public and private improvements, including widths, purposes and limitations, if any.

vii Accurate dimensions, acreage and purpose of any property to be reserved as public or common open space.

viii Indication of platting of adjacent property and the names of the adjacent property owners.

ix Site location map, prepared in accordance with the Allegheny County Subdivision and Land Development Ordinance.

x All required municipal certifications, which shall include the Municipal Engineer.

xi Certification of plat preparation and accuracy by a registered surveyor.

xii Certification of the dedication of streets and other property.

xiii All other certifications, dedications and acknowledgments, as required by Allegheny County.

xiv Plats which require access to a road under the jurisdiction of the Pennsylvania Department of Transportation shall contain a notice that, before driveway access is permitted, a highway occupancy permit is required in accordance with the Act of June 1, 1945, known as the "State Highway Law."

xv Notation on the plan of any modifications or waivers granted to the provisions of this chapter.

2) Construction plans for public and private improvements. Files shall be prepared by a registered professional on drafting sheets. The construction plans shall show the following:

a) Conformity with the design standards specified in this chapter.

b) Plan and center-line profile drawings of each street in the plan and extending at least 200 feet beyond the plan. Street profiles shall include complete vertical curve information.

c) At least a typical cross-section of each street in a new development, extending at least 50 feet from the street center line to each side, or extending 25 feet from the right-of-way line to each side, whichever is greater.

d) The location of all existing and proposed sanitary sewers, storm sewers, manholes, catch basins and endwalls within the site, and all necessary extensions thereof beyond the site.

e) By plan, all pipe sizes, distances and directions of flow. Show sanitary sewer wye locations, including a station for each wye as measured from the downstream manhole.

f) By profile, all pipe sizes, materials, distances and grades; and, top and invert elevations of all manholes, catch basins and endwalls. Show existing and proposed ground.

g) All construction details for stormwater detention facilities, including any intake control structures, discharge control structures, underground storage tanks, sumps and stormwater detention basins.

h) The locations of all other existing and proposed utilities including gas, water, fire hydrants, electric, telephone and cable TV.

i) All easements and rights-of-way for public improvements.

3) Permits and approvals. The applicant shall submit certified copies of all permits and approvals required by applicable federal and state laws and county codes and regulations, including, without limitation, the following:

a) Allegheny County Conservation District adequacies and permits.

b) Federal Aviation Administration and PennDOT Bureau of Aviation approvals where required.

c) Pennsylvania Department of Environmental Protection stormwater, sewage facilities permit, general permit, wetland encroachment permits, stream encroachment/obstruction permits, etc.

d) County of Allegheny and Commonwealth of Pennsylvania permits for any proposed roads or driveways.

e) Water supply certification.

f) Letters of intent to provide service from utilities companies.

g) A copy of comments received, if any, from the Allegheny County Health Department on the stormwater management plan.

h) When required by the Borough, additional information related to infill, redevelopment and or replacement in accordance with the Borough requirements.

i) If required under this chapter, locations of street trees, groundcover/landscaping and sidewalks.

j) Where applicable, plans of bridges and other improvements and shall contain sufficient information to provide complete working plans for the proposed construction including calculations and required Pennsylvania Engineer's Seal.

k) Where individual onsite water supply systems are proposed, certification of the acceptability of the water supply system by the Pennsylvania Department of Environmental Protection must be submitted wherever their approval is required.

l) Other certificates of approval as may be required by the Borough Engineer, Planning Commission and the Borough Council.

4) Land development plans shall include the following information:

a) Final grading plan. The final grading plan shall include all final contours, grades, floor elevations, permanent conservation measures, limit of disturbance line, typical keyway and/or benching details, and earthwork quantities in cubic yards.

b) Final stormwater management plan, including all final calculations.

c) Final soil erosion and sedimentation pollution control plan, as submitted to the Allegheny County Conservation District (ACCD), and evidence that the ACCD has issued a finding of adequacy.

d) Dimensioned site plan.

e) Ground floor height and ground floor land use activity diagram.

f) Final photometric plan. The photometrics plan shall describe the maximum illumination values and average illumination value required. The location and effect of outdoor lighting on streets and residential lots in the line of sight of proposed lighting shall be provided by the applicant. A computer-generated lighting model with point-by-point illumination of all proposed lighting and areas expected to be illuminated, if applicable, is required. The lighting model shall include buildings, structures, parking areas and lot lines and shall be provided at the same scale as the final site plan.

g) Survey. The applicant shall submit an engineering land survey of the lot certified by a professional land surveyor. The survey shall be at a scale of not more than one inch equals 100 feet. The plan shall be drawn in accordance with standard land surveying practices, and using standard map symbols to clearly indicate the following:

i Name of the proposed project.

ii Location map showing the subdivision/land development location within the boundaries of the Borough (including major transportation routes, title, North arrow and graphic scale).

iii Existing lot lines, adjacent lot owner(s) names, lot and block numbers and recorded subdivision name with recording information.

iv Name, address of current landowner(s), applicant and firm that prepared the survey.

v The entire existing lot boundary with bearings and distances as surveyed.

vi The total acreage of the entire existing land.

vii Streets abutting the lot, indicating names, right-of-way widths and cartway widths and ownership (federal, state, county, municipal or private).

viii Existing and proposed easements, indicating location, width, purpose and lessee.

ix Location of existing buildings, sanitary sewer, storm sewer, water, gas, petroleum and high-pressure gas lines indicating line size, manholes, fire hydrants, utilities and other visible elements in the system on or adjacent to the lot proposed to be developed.

x Existing contours at a minimum vertical interval of two feet.

xi A description of the lot locating proposed, existing and preexisting gas and oil wells, location maps, dates of operation, and lease holder(s) shall be provided.

xii Where practical, datum to which contour elevations refer shall refer to known, established elevations.

xiii Monument locations.

5) Landscape plan.

a) One landscape plan shall be provided in accordance with § 27-502.12.

i For surface parking areas, see § 27-502.12A(1) for applicable requirements, unless the Applicant constructs pervious pavement for equivalent surface parking spaces in the Site Plan.

ii Any required parking island shall have the same dimensions of a non-ADA parking space and shall be located within the parking area itself.

iii Surface parking areas with greater than 45 surface parking spaces, inclusive of ADA spaces, shall provide an additional 1,000 square feet of landscape median for every additional 50 surface parking spaces.

iv The regulations in § 27-502.12A(2) do not apply to the Riverfront Overlay.

v For all nonresidential redevelopment, infill construction, excavation, and/or building expansion proposed within the site plan, see § 27-502.12B for applicable requirements.

b) A landscape plan submitted as part of final zoning and land development approval shall contain the following supplemental items:

i Master Plan area as approved in preliminary zoning approval as a background.

ii Approximate locations and spacing of all proposed plant material with typical dimensions at maturity by species. Existing vegetation to remain shall also be illustrated.

iii Botanical and common names of all plant species, their sizes and quantities as noted in a plant schedule and as individual callouts on the graphic.

6) Typical site cross-sections. Site cross sections shall be created in accordance with the standards established by Sharpsburg Borough or elsewhere herein. All details of the cross-section, crowns, curb, pavement, subgrade and roadside ditches shall conform to the designated cross section. (State approval shall also be obtained where necessary.)

7) Common area plans. All development proposals involving land or facilities that will be commonly owned among more than one titleholder shall include a diagram illustrating the location(s) and extent of said land at the time of plan application. The ownership and method of assuring perpetual maintenance to be applied to those areas which are to be used for recreational or other common purposes shall be defined and recorded in a manner reasonably and mutually acceptable to the Borough and applicant. Common area plans may or may not include public open space previously utilized in the Master Plan in the preliminary zoning approval application.

8) Building elevations and other architectural drawings.

a) Building elevations and other architectural drawings shall be provided for all developments other than single-family residential.

b) Building elevations and other architectural drawings containing the following information shall be provided. Elevations and drawings shall be illustrated to scale (no less than 1/4 inch to one foot) showing:

i Drawings or elevations depicting the front, rear and side facades of all proposed buildings including building's architectural features, exterior building materials, colors and/or finishes.

ii The drawings or elevations shall indicate the height of the building in feet and number of stories and the building's relationship to the finished grade immediately surrounding the building.

iii Spot elevations designating the existing and proposed grading.

9) Level of service of public water and sewage supply. If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the development, applicants shall present evidence to the Borough that the development is supplied by an authorized Authority. This evidence shall take the form of a copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, submitted to the Borough. All properties in the Riverfront Overlay shall connect with an approved public water supply system, if available. If the water distribution system cannot be tied-in with an approved public system, an individual well or spring must be installed and operated in full compliance with the latest Pennsylvania Department of Environmental Protection specifications covering such facilities. All land developments of other types must be equipped with a public water supply system, approved as adequate by the Borough Council.

a) The plans for the installation of the mains of a water distribution system shall be prepared by the applicant and reviewed by the Borough Engineer. A statement of approval from the Borough Engineer shall be submitted to the Borough Council.

b) Upon completion of water distribution and supply system, one copy of the plans for the system shall be filed with the Borough Council. The plan shall also be reviewed and approved by the Pennsylvania Department of Environmental Protection.

c) Fire hydrants. It will be the responsibility of the applicant to provide all subdivisions and land developments with fire hydrants. Hydrants shall be installed with the installation of the water lines or as soon as they become available. The location of the hydrants shall be approximately every 1,000 feet and shall be subject to approval by the Borough on the final plat.

10) Stormwater facilities.

a) Land development plans shall be based on a stormwater management study performed in accordance with the Stormwater Management Ordinance (Chapter 17) of the Borough of Sharpsburg Municipal Code relating to stormwater management. A copy of said study shall be submitted.

b) Where applicable, if the Allegheny County Conservation District or the PADEP has reviewed a stormwater management plan in accordance with PA Chapter 102 regulations that differs from the requirements set forth in the Stormwater Management Ordinance (Chapter 190), the approved ACCD and DEP plans authorizing the design and discharge together with a written request for modification from the ordinance shall be submitted.

11) Highway occupancy permit. The applicant shall obtain a copy of the submitted application and approved permit for a highway occupancy permit (HOP) for plans that require access to a highway (Pennsylvania Route or United States Route) under the jurisdiction of the Pennsylvania Department of Transportation. The HOP plan shall contain a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1424, No. 428), known as the "State Highway Law," before driveway access to a state highway is permitted.

12) Agreement for dedication of streets. When the Borough accepts dedication of all or some of the streets within the proposed subdivision/land development following completion, the Borough Council shall require the posting of financial security to secure the structural integrity of the streets in accordance with the design and specifications as depicted on the final site plan. The term for financial security for the maintenance of the streets shall be 10 months and the amount shall not exceed 5% of the actual cost of installation. If there are conditions related to the dedication of streets or related issues, those conditions and issues shall be noted in the site-related developer agreements.

13) Shared off-street parking analysis (if applicable).

a) If an applicant seeks to provide off-street parking spaces that can be used for multiple land uses, the applicant may prepare and submit a shared off-street parking analysis subject to approval by the Borough Traffic Engineer.

b) The purpose of the shared off-street parking analysis shall be to:

i Optimize available parking resources within the Riverfront Overlay;

ii Minimize construction and maintenance costs associated with parking spaces;

iii Enhance the existing character of the community by providing greater pedestrian access to and from shared off-street parking spaces;

iv Maximize the land available for the development of public open space, residential, and mixed-use development.

c) Shared off-street parking analysis submission items. The applicant shall submit a completed off-street parking model and off-street parking plan demonstrating how and where off-street parking requirements will be met as part of final zoning and land development approval.

i Off-street parking model.

(i) To identify where off-street parking spaces can be used for multiple land uses, the applicant shall prepare a model demonstrating the typical hourly demands for all residential dwelling units and nonresidential development square footage proposed in the development lot. The typical hourly demands shall be based on metrics published by the Urban Land Institute and are subject to any adopted/published changes to best practices

(ii) The applicant shall submit an electronic copy of the off-street parking model to the Borough Traffic Engineer for further review.

(iii) Approval from the Borough Traffic Engineer shall be based on the accuracy of all calculations presented in the off-street parking model and in accordance with the provisions stated herein.</

ii Off-street parking plan.

(i) The applicant shall prepare a scaled drawing that graphically depicts the proposed off-street parking associated with the development lot and its proposed buildings and/or parking structures. A parking plan shall include tabular data outlining the number of off-street parking facilities and number of shared off-street parking spaces within each facility.

(ii) Any off-street parking plan that does not accurately reflect and/or satisfy the demand calculated by the off-street parking model shall be grounds for denial.

14) Deed restrictions, easements, and protective covenants.

a) Deed restrictions, easements and protective covenants, if any, shall be provided in a form for recording. Provisions within any declaration of covenants and restrictions shall include:

i Definitions.

ii General plan of development.

iii Use restrictions and management responsibilities.

iv Resolution of document conflicts.

v Fees and related administrative coordination.

15) Development lot-related developer agreements. The site-related developer's agreements shall include the bylaws for a Master Association, or other similar governing agreements for the contributions to and management of the Master Plan area, if not already submitted as part of preliminary zoning approval, as well as any relevant bylaws for building/association/neighborhood agreement(s) that are applicable to the final zoning and land development approval. Additionally, any bylaws associated with the improvement and maintenance of a public open space area, and deed restrictions in relation to the applicant's method of administering common areas, whether through an association/nonprofit corporation, or through a proposed declaration of condominium.

16) Proof of approval from other agencies.

a) Approval of the final plan application by the Borough Council shall be conditioned upon if Allegheny County, state or federal agencies approve the development. It shall be the applicant's responsibility to obtain all necessary approvals from Allegheny County, state and federal agencies and submit these approvals to the Borough including a notification from Pennsylvania Department of Environmental Protection regarding a sewer facilities plan revision approval or waiver (as applicable).

b) Proof of approval of requests/responses/waivers and permit applications, if and/or where required, shall be including, but not limited to:

i Pennsylvania Department of Transportation highway occupancy permits.

ii Pennsylvania Department of Transportation traffic signal permits.

iii Pennsylvania Department of Environmental Protection Sewerage Planning Module (or exemption if applicable).

iv Pennsylvania Department of Environmental Protection National Pollutant Discharge Elimination System permits.

v Pennsylvania Department of Environmental Protection water obstruction and encroachment permits.

vi Pennsylvania Department of Economic Development and/or Federal Emergency Management Agency floodplain permits.

vii Hampton-Shaler or otherwise authorized Water Authority approval.

viii In addition, where any alteration or relocation of a stream or watercourse is proposed, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Pennsylvania Department of Community and Economic Development and the Federal Insurance Administrator, or other applicable agency, shall also be notified whenever any such activity is proposed.

ix Sharpsburg Borough Zoning Approval unless otherwise identified by the Borough.

[7] Editor's Note: See 53 P.S. § 10701-A et seq.

4. Worksheets and checklists. Worksheets and checklists pertaining to this section can be made available by the Borough Zoning officer upon request by the applicant.