A.
It is the intent of this article to provide alternative development options for environmentally sensitive areas. Also, it is the intent and purpose of this article to provide a means for logical and efficient development within the R-1 and R-2 Zoning Districts while maintaining their natural character. Use of these alternative design approaches in these districts implements the land use and conservation objectives of the adopted Comprehensive Plan. These alternative subdivision options shall be designed with the following objectives to satisfy the intent of this article and the required design provisions and procedures included in Chapter 184, Subdivision and Land Development:
(1)
To conserve open land, including those areas containing unique
and sensitive natural features such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
(2)
To protect areas of the Borough with productive agricultural
soils for continued or future agricultural use by conserving blocks
of land large enough to allow for efficient farm operations;
(3)
To provide greater design flexibility and efficiency in the
siting of services and infrastructure, including the opportunity to
reduce length of roads, utility runs, and the amount of paving required
for residential development;
(4)
To reduce erosion and sedimentation by the retention of existing
vegetation and the minimization of development on steep slopes;
(5)
To provide for a diversity of lot sizes, building densities,
and housing choices to accommodate a variety of age and income groups
and residential preferences, so that the community's population diversity
may be maintained;
(6)
To implement adopted Borough policies to conserve a variety
of irreplaceable and environmentally sensitive resource lands, including
provisions for reasonable incentives to create a greenway system for
the benefit of present and future residents;
(7)
To permit clustering of houses and structures on less environmentally
sensitive soils so as to reduce the amount of infrastructure;
(8)
To implement adopted land use, transportation and community
policies, as identified in the Comprehensive Plan;
(9)
To create neighborhoods with direct visual access to open land,
with amenities in the form of neighborhood open space, and with a
strong neighborhood identity;
(10)
To provide for the conservation and maintenance
of open land within the Borough to achieve the above-mentioned goals
and for active or passive recreational use by residents;
(11)
To provide standards reflecting the varying circumstances
and interests of individual landowners and the individual characteristics
of their properties; and
(12)
To conserve scenic views and to minimize perceived
density by minimizing views of development from existing roads.
B.
In order to achieve these purposes, this article provides for
flexibility in designing new residential subdivisions by allowing
three forms of "by-right" development referred to as "options," as
summarized below:
C.
GREENWAY LAND
PRIMARY CONSERVATION AREAS
SECONDARY CONSERVATION AREAS
When used in this article, the following terms shall have the
following meanings:
That portion of a tract that is set aside for the protection
of sensitive natural features, farmland, scenic views, and other unique
features.
Shall consist of wetlands, streams and other watercourses,
ponds and other water bodies, floodplains, and steep slopes.
Shall consist of natural and/or cultural features on the development site, in addition to the primary conservation areas, that are identified during the four-step design process under Chapter 184, Subdivision and Land Development. They shall include, but not be limited to, mature woodlands, moderately steep slopes, slide-prone soils and natural heritage areas identified in the Allegheny County Natural Heritage Inventory. Secondary conservation areas should be prioritized and added to primary conservation areas in order of priority so as to constitute the required greenway land.
It is hereby established that conservation subdivision design may be utilized for any major subdivision, as defined in Chapter 184, Subdivision and Land Development, within the R-1 and R-2 Zoning Districts; provided, however, that the cluster option may only be used in areas that are served by public water and sewers.
A.
Principal uses. Principal uses permitted by right in conservation
subdivisions are identical to the uses permitted in the R-1 and R-2
Zoning Districts in Article 400. The following residential uses are
permitted in conservation subdivisions:
B.
Accessory uses. Accessory uses in conservation subdivisions
shall be the same as those permitted in the underlying districts.
They shall be permitted on the same lot customarily incidental to
any permitted use and not conducted as an independent principal use.
A.
For purposes of calculating density under the cluster option,
the applicant shall calculate the number of lots that would be permitted
if the site were developed as a conventional subdivision in the underlying
district after accounting for the terrain and land needed for roads,
stormwater systems and other infrastructure. This calculation shall
be performed using the following formula:
|
Number of Dwelling Units = (Gross Land Area * 0.80) ÷
(Minimum Lot Size of Underlying Zoning District)
|
(1)
Multiply the gross land area by 0.8. Then divide the resulting
product by the minimum lot size of the underlying zoning district.
The resulting quotient is the number of dwelling units permitted in
the conservation subdivision. The multiplier of 0.8 approximates the
buildable area of the development site. The result shall be rounded
to the next lowest number. If the applicant believes that the development
site can reasonably accommodate a greater number of parcels than the
number derived from the above formula, the applicant may prepare a
yield plan in accordance with the provisions below.
(2)
Yield plans shall meet the following requirements:
(a)
Yield plans shall be prepared as conceptual layout plans in accordance with the standards of Chapter 184, Subdivision and Land Development, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey.
(b)
The yield plan must identify and demonstrate that wetlands, streams, floodplains and steep slopes (in accordance with Chapter 184, Subdivision and Land Development) would be successfully absorbed in the development process without disturbance by allocating these areas to proposed single-family dwelling lots.
B.
The number of dwelling units in the conservation subdivision,
calculated under either of the methods discussed in § 212-1704A,
shall be situated on that part of the site remaining after the required
greenway land (determined under § 212-1707) has been determined
and set aside.
C.
Minimum lot size: 50% of the minimum lot size requirement for
the underlying zoning district, as indicated in § 212-501.
D.
Minimum front yard, side yard, rear yard, and lot width at building
line: 50% of yard and lot width requirements for the underlying zoning
district, as indicated in § 212-501.
A.
Lots shall be situated on the development site in accordance with the four-step process set forth in Chapter 184, Subdivision and Land Development. The layout of lots shall ensure that there will be no disturbance of primary conservation areas.
B.
All new dwellings shall meet the following setback requirements
from off-site features:
C.
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping and buffering requirements of Article 2000 of this chapter.
D.
House lots shall generally be accessed from interior public
streets rather than from external roads bordering the tract.
E.
All interior streets within a conservation subdivision shall
be public streets.
F.
In subdivisions using Option 1, cluster option, at least 3/4
of the lots shall directly abut greenway land or face it across a
street.
A.
Adjusted tract area. In determining the amount of the development
site that must be set aside as greenway land, the applicant shall
first calculate the adjusted tract area. The adjusted tract area equals
the gross tract area minus the constrained land (as determined below).
(1)
Constrained land equals the sum of the following:
(a)
All land within the rights-of-way of existing public
streets or highways or within the existing rights-of-way of utility
lines: multiply by 1.0;
(b)
All land under existing private streets: multiply
by 1.0;
(c)
Wetlands, lakes, ponds and other water bodies:
multiply by 1.0;
(d)
Floodway: multiply by 1.0;
(e)
Nonwetland portion of the one-hundred-year floodplain:
multiply by 0.50;
(f)
Steep slopes: multiply by 0.80;
(g)
Moderately steep slopes: multiply by 0.50.
(2)
If a portion of the tract contains more than one feature subject
to a density factor, that acreage shall be subject to the most restrictive
density factor.
(3)
Minimum land requirement for greenways. The minimum amount of
land required for greenways within a cluster conservation subdivision
shall be the total acreage of constrained land plus 30% of the adjusted
tract area.
A.
Greenway land in country property developments may be contained
within the individual lots or up to 50% may be set aside as undivided
land with common rights of usage among the subdivision residents.
B.
The minimum amount of greenway land within a country lots subdivision
shall be 50% of the gross tract area. All primary conservation areas
shall be included within greenway land and shall be permanently protected
from development.
A.
The public dedication of land requirements under § 184-904 of Chapter 184, Subdivision and Land Development, shall apply to all conservation subdivisions; provided, however, that the amount of land to be dedicated as recreational use area or open space/green area shall be credited by the Borough toward meeting the minimum greenway land requirement of this article.
B.
The applicant may request and the Borough Council may grant that the public dedication of land requirement be satisfied by payment of a fee in accordance with the terms of § 184-904 of Chapter 184, Subdivision and Land Development. In such case, the applicant shall pay the fee and deduct the amount of land that otherwise would have been dedicated from the greenway land to be set aside. In no case shall such deduction exceed 20% of the minimum greenway land.
The following uses are permitted within greenway land:
A.
Conservation of open land in its natural state (for example,
woodland preserve, game preserve, wildlife sanctuary, fallow field
or managed meadow).
B.
Agricultural and horticultural uses, including raising crops,
associated buildings, excluding residences that are specifically needed
to support an active, viable agricultural or horticultural operation.
Specifically excluded are commercial livestock operations involving
swine, poultry, mink and other animals likely to produce highly offensive
odors.
C.
Woodlots, arboreta and other similar silvicultural uses.
D.
Pastureland for horses used solely for recreational purposes.
Equestrian facilities shall be permitted but may not consume more
than half of the minimum required greenway land.
E.
Forestry, in keeping with established best management practices
for selective harvesting and sustained-yield forestry.
F.
Neighborhood greenway uses such as village greens, commons,
picnic areas, community gardens, trails and similar low-impact passive
recreational uses but specifically excluding motorized off-road vehicles,
rifle ranges and other uses similar in character and potential impact,
as determined by the Borough Council.
G.
Active noncommercial recreation areas, such as playing fields,
playgrounds, courts and bikeways, provided that such areas do not
consume more than half of the minimum required greenway land or five
acres, whichever is less. Playing fields, playgrounds and courts shall
not be located within 100 feet of abutting properties. Parking facilities
for the same shall also be permitted, and they shall generally be
surfaced with porous material, unlighted, properly drained, provided
safe ingress and egress, and contain no more than 10 parking spaces.
H.
Golf courses, including their parking areas and associated structures,
may comprise up to half of the minimum required greenway land, but
shall not include driving ranges or miniature golf.
I.
Water supply systems and stormwater detention areas designed,
landscaped and available for use as an integral part of the greenway.
J.
Easements for drainage, access, sewer or water lines, or other
public purposes.
K.
Underground utility rights-of-way, aboveground utility and street
rights-of-way may traverse conservation areas but shall not count
toward the minimum required greenway land.
A.
Greenway land shall be laid out in accordance with the four-step process set forth in Article 600 of Chapter 184, Subdivision and Land Development. Design of greenway land shall ensure that an interconnected network of greenways will be provided.
B.
The required greenway land shall consist of a mixture of primary
conservation areas, all of which must be included, and secondary conservation
areas, which shall be added to meet the minimum amount calculated
under § 212-1707 for cluster subdivisions or required under
§ 212-1708 for country properties subdivisions. Examples
of secondary conservation areas to be included in greenway land are:
(1)
Hydric soils, swales, springs and other lowland areas, including
adjacent buffer areas which may be required to ensure their protection.
(2)
Significant natural areas of species listed as endangered, threatened
or of special concern, such as those listed in the statewide natural
diversity inventory.
(3)
Moderately steep slopes, particularly those adjoining watercourses
and ponds, where disturbance and resulting soil erosion and sedimentation
could be detrimental to water quality.
(4)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands
and wildlife habitats.
(5)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(6)
Class I, II and III agricultural soils as defined by the USDA
Natural Resources Conservation Service.
(7)
Historic structures and sites.
(8)
Visually prominent topographic features such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public roads (particularly
those with historic features).
(9)
Existing trails connecting the tract to other locations in the
municipality.
A.
No portion of any building lot may be used for meeting the minimum
required greenway land.
B.
Pedestrian and maintenance access shall be provided to commonly
held greenway land in accordance with the following requirements:
(1)
Each neighborhood shall provide one centrally located access
point per 15 lots.
(2)
Access to greenway land used for agriculture may be appropriately
restricted for public safety and to prevent interference with agricultural
operations.
(3)
For Option 2, country properties, where greenway land is included
within individual lots, pedestrian and maintenance access shall not
be required but may be provided at the discretion of the owner.
A.
Development restrictions. All greenway land shall be permanently
restricted from future subdivision and development. Under no circumstances
shall any development be permitted in the greenway at any time, except
for those uses listed in § 212-1710. This shall be a covenant
running with the land.
B.
Ownership options. The following methods may be used, either
individually or in combination, to own common facilities. Common facilities
shall not be transferred to another entity except for transfer to
another method of ownership permitted under this section, and then
only when there is no change in the common facilities or in the greenway
ratio of the overall development. Ownership methods shall conform
to the following:
(1)
Homeowners' association. Common facilities may be held in common
ownership by a homeowners' association, subject to all of the provisions
for homeowners' associations set forth in state regulations and statutes.
In addition, the following regulations shall be met:
(a)
The applicant shall provide the Borough a description
of the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance, and use restrictions
for common facilities;
(b)
The proposed association shall be established by
the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development;
(c)
Membership in the association shall be automatic
(mandatory) for all purchasers of dwelling units therein and their
successors in title;
(d)
The association shall be responsible for maintenance
and insurance of common facilities;
(e)
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
falls delinquent in his dues. Such dues shall be paid with the accrued
interest before the lien may be lifted;
(f)
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to the Borough no less than 30 days prior to such event; and
(g)
The association shall have adequate staff to administer,
maintain and operate such common facilities.
(2)
Condominium association. Common facilities may be controlled
through the use of condominium agreements. Such agreements shall be
in accordance with relevant state law. All open land and common facilities
shall be held as "common element."
(3)
Private conservation organization. With permission of the Borough,
an owner may transfer either fee simple title of the greenway or easements
on the greenway to a private nonprofit conservation organization,
provided that:
(a)
The conservation organization is acceptable to
the Borough and is a bona fide conservation organization intended
to exist indefinitely;
(b)
The conveyance contains appropriate provisions
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions;
(c)
The greenway land is permanently restricted from
future development through a conservation easement, and the Borough
is given the ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the Borough
is established between the owner and the organization.
(4)
Dedication of easements to the Borough. The Borough may, but
shall not be required to, accept easements for public use of any portion
of the common land or facilities. In such cases, the facility remains
in the ownership of the condominium association, homeowners' association,
or private conservation organization, while the easements are held
by the Borough. In addition, the following regulations shall apply:
C.
Maintenance.
(1)
Unless otherwise agreed to by the Borough, the cost and responsibility
of maintaining common facilities and greenway land shall be borne
by the property owner, condominium association, homeowners' association,
or conservation organization.
(2)
The applicant shall, at the time of preliminary plan submission,
provide a plan for maintenance of greenway land and operation of common
facilities in accordance with the following requirements:
(a)
The plan shall define ownership;
(b)
The plan shall establish necessary regular and
periodic operation and maintenance responsibilities for the various
kinds of greenway (i.e., lawns, playing fields, meadow, pasture, cropland,
woodlands, etc.);
(c)
The plan shall estimate staffing needs, insurance
requirements and associated costs and define the means for funding
the maintenance of the greenway land and operation of any common facilities
on an ongoing basis. Such funding plan shall include the means for
funding long-term capital improvements as well as regular yearly operating
and maintenance costs;
(d)
The applicant shall be required to escrow sufficient
funds for the maintenance and operation costs of common facilities
for up to one year; and
(e)
Any changes to the maintenance plan shall be approved
by the Borough.
(3)
In the event that the organization established to maintain the
greenway land and the common facilities, or any successor organization
thereto, fails to maintain all or any portion thereof in reasonable
order and condition, the Borough may assume responsibility for maintenance,
in which case it may place a lien on the property, any escrow funds
may be forfeited, and any permits may be revoked or suspended.
(4)
The Borough may enter the premises and take corrective action,
including extended maintenance. The costs of such corrective action
may be charged to the property owner, condominium association, homeowners'
association, conservation organization, or individual property owners
who make up a condominium or homeowners' association and may include
administrative costs and penalties. Such costs shall become a lien
on said properties. Notice of such lien shall be filed by the Borough
in the Allegheny County Office of Court Records, Civil Division. The
Borough shall also have the right to enforce any default by an action
in equity.
All applications for a conservation subdivision shall be governed by standards and procedures stated within Article 600 of Chapter 184, Subdivision and Land Development. In the event that there are conflicting requirements between the provisions of this article and those stated within the Subdivision and Land Development Ordinance for major subdivisions, the stricter provisions of this article shall prevail.
