Township of Allegheny, PA Planned Residential Development

R2 District: 1.5 dwelling units per acre.

R3 District: 4.5 dwelling units per acre.

The maximum permitted net density is as follows:

R2 District: 3.0 dwelling units per acre.

R3 District: 9.0 dwelling units per acre.

One flag lot shall be permitted per street or block in a PRD in order to allow for flexibility of design. A flag lot shall have a minimum lot frontage of 30 feet when measured at the public right-of-way.

Ancillary commercial uses may be permitted in a PRD only if all of the following criteria are met:

Construction of the ancillary commercial units shall not be permitted until 80% of all proposed dwelling units in the PRD are constructed and occupied or ready for occupancy.

The ancillary commercial uses shall be designed primarily to serve residents of the PRD.

The ancillary commercial uses shall be limited to the ground or street floors of a residential building containing multifamily dwelling units or to a single freestanding building on the site of the PRD.

The total floor area devoted to the ancillary commercial uses shall not exceed 15% of the total floor area of all buildings devoted to residential use in the PRD.

(5)

Any freestanding building proposed to contain ancillary commercial uses shall not be located within 100 feet of any existing or proposed single-family dwelling within the PRD or outside the boundaries of the PRD site.

(6)

The maximum surface area of any business identification sign for any ancillary commercial use shall not exceed 12 square feet. Such signs shall not be illuminated.

(7)

Off-street parking for the ancillary commercial uses shall be provided in accordance with the requirements of Article XVI of this chapter for the uses.

§ 250-107.11 Development capacity of parcel.

In order to determine the maximum allowable density and number of dwelling units for a proposed PRD, the following three tables must be completed. The calculations identify a theoretical maximum number of dwelling units that could be built on a parcel with no constraints, establish an adjusted tract acreage for the parcel accounting for land that is undevelopable or subject to restrictions, and, finally, set a maximum yield of dwelling units for the subject parcel, based on the calculations herein and a neighborhood compatibility figure.

Determine gross yield of the parcel.

a	Total parcel area		_____ acres
b	Zoning district gross density	x	_____ dwelling units/acre
c	Gross yield	=	_____ dwelling units

Adjusted tract acreage of the parcel.

Line	Type of Land	Gross Acres		Density Factor		Adjusted Acres
a	All land within the rights-of-way of existing or proposed public streets or highways or within the rights-of-way of utility lines	_____	x	0.00	=	_____
b	All land under existing or proposed private streets	_____	x	0.00	=	_____
c	All land within a floodway	_____	x	0.00	=	_____
d	All land classified as wetlands	_____	x	0.05	=	_____
e	All land within the nonwetland portion of the one-hundred-year flood	_____	x	0.50	=	_____
f	All land with natural ground slopes greater than or equal to 15%, but less than 25% (steep slopes)	_____	x	0.70	=	_____
g	All land with natural ground slopes greater than or equal to 25% (very steep slopes)	_____	x	0.40	=	_____
h	All land where the total area of rock outcrops and boulder fields covers more than 1,000 square feet	_____	x	0.10	=	_____
i	All unconstrained land (that is, the land remaining from the gross tract acreage once the above constrained land has been subtracted)	_____	x	1.00	=	_____
Adjusted tract acreage (add lines a-i):						_____

NOTE: If a portion of the tract acreage is underlain by more than one natural feature, it is subject to the most restrictive deduction only.

Determine potential net yield of the parcel.

a	Gross yield of the parcel		_____ dwelling units
b	Adjusted tract acreage	/	_____ acres
c	Potential net yield	=	_____ dwelling units/acre

Compare potential net yield to maximum net density. The net allowable density for the parcel shall be the lesser of the two.

	a	Potential net yield	_____ dwelling units/acre
	b	Maximum net density	_____ dwelling units/acre

§ 250-107.12 Setback standards.

All structures within the PRD shall be set back from the right-of-way of any public road or vehicular way within or exterior to the development and shall be set back from the right-of-way of any private road or vehicular way within the development according to the following standards:

	Dwelling Type	Setback (feet)
	Single-family dwelling	30
	Two-family dwelling	20
	Townhouse	20 side yard; 0 interior unit side yard
	Garden apartment	20

Setbacks for townhouses and garden apartments shall be measured from the edge of the curb of the common parking areas serving the dwellings, where the common parking areas intervene between the dwellings and the public or private street right-of-way. Where there is no intervening common parking area, the setback shall be measured from the edge of the public or private street right-of-way.

§ 250-107.13 Open space requirements.

All land not utilized for residential lots and/or rights-of-way shall be reserved as common open space.

The common open space areas shall be delineated as a separate parcel. The applicant shall dedicate the open space parcel to open space or agricultural operations in perpetuity through a restrictive covenant in conformance with the Township standards, and the restrictive covenant shall be filed with the proposed subdivision plan. The restrictive covenant shall be signed by the applicant and notarized.

If the property is used for active farming, a conservation easement of the property shall be maintained. Should the provisions of the covenant be violated, the Township shall have the right of first refusal; property ownership shall otherwise revert to the development's homeowners' association.

Not less than 40% of the total parcel area shall be set aside for common open space. The common open space shall be so dedicated or otherwise preserved and maintained so as to remain open and available for use by the residents of the development area.

A minimum of 28% of the total required common open space area shall be less than fifteen-percent slope and shall be suitable for active recreation facilities, such as game courts, playing fields and play apparatus.

At least 30% or 200 square feet per dwelling unit, whichever is greater, of the common open space that is suitable for active recreation shall be capable of being improved so as to provide opportunities for intensive use suitable to the needs of the residents of the PRD. Active recreation facilities shall be conveniently located and possess adequate access for users of all abilities within the PRD parcel.

(5)

Common open spaces shall, where practical, be interconnected with one another and with neighboring parcels to allow for connected blocks of recreation, agricultural operations and/or wildlife habitat land and corridors. Moreover, where practical, common open spaces shall encompass the entire breadth of a natural subdivision of land (e.g., floodplains, woodlands, meadow, etc.).

(6)

Common open spaces, except for agricultural operations, shall be directly accessible to the largest practical number of residential parcels within the PRD. Where this is desirable for the ecology of the area, residential parcels shall be provided nearby access to common open spaces.

(7)

Common open space shall include, at a minimum:

All land classified as wetlands.

All lands within floodways.

All lands within the one-hundred-year floodplain.

(d)

All lands with slopes greater than 40%.

(8)

Common open space shall not include space devoted to streets or parking areas, but may include areas devoted to stormwater management facilities. Recreational facilities and structures located in common areas shall be considered common open space, provided that the total impervious surfaces constitute no more than 5% of the total open space.

(9)

Golf courses. A privately-owned golf course may be permitted as a portion of the common open space within a PRD. Where a privately-owned golf course is to be used, the following common open space requirements shall be met:

Not less than 50% of the total parcel area shall be set aside for common open space/golf course.

A minimum of 35% of the total required common open space area shall be less than twenty-five-percent slope.

A minimum of 20% of the total required common open space area shall be excluded from the golf course and shall be freely accessible to all residents of the PRD.

(10)

Agricultural use. A private agricultural use may be permitted as a portion of the common open space within a PRD. The following requirements shall be met:

Not less than 40% of the total parcel area shall be set aside for common open space/agriculture.

A minimum of 35% of the total required common open space area shall be less than twenty-five-percent slope.

A minimum of 20% of the total required common open space area shall be excluded from the agricultural operations and shall be freely accessible to all residents of the PRD.

(11)

Method of ownership for common open space.

The land and facilities to be used for common open space shall be implemented in accordance with either of the two methods set forth below, or a combination of the two methods, as determined by the Board of Supervisors:

The land and/or facilities shall be conveyed to an organization established for the ownership and maintenance of the common open space.

[2]

The land and/or facilities shall be dedicated for public use to the Township and the Township agrees to operate and maintain the dedicated land and facilities for the originally intended use as common open space.

The organization shall covenant to operate and maintain the land and facilities as a common open space; such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Township.

The Township shall not be obligated to accept the dedication of the common open space or any portion thereof where the Board of Supervisors determines that such dedication is not in the interest of the Township.

§ 250-107.14 Failure to maintain common open space.

In the event that the organization or any successor organization established to own and maintain the common open space shall at any time fail to maintain the same in accordance with the site plan and in reasonable order and condition, the Township shall have the right to maintain the same and assess the cost of such maintenance on a pro rata basis and as a lien against the lots within the PRD that have a right of enjoyment of the common open space, pursuant to the authority and in accordance with the procedures and requirements contained in § 705(f)(2) through 705(f)(6) of the Pennsylvania Municipalities Planning Code [53 P.S. § 10705(f)(2) through (6)], as amended.

§ 250-107.15 Landscaping; signs; parking and loading regulations.

All portions of the site plan pertaining to landscaping, signs, parking or safety shall conform to the regulations in the Allegheny Township ordinances.

No parking area shall be closer than 15 feet from a principal building, nor shall any parking interfere with recreational areas on the parcel. No parking areas shall be leased to persons who are not residents of the PRD. Parking may be provided in separate garages or on the lowest floor or floors of the principal building or buildings, provided that such parking does not interfere with the basic residential use and character of the building or buildings involved. Individual garages shall be no more than two stories in height and shall be no closer than 50 feet from a residential building.

Two off-street parking spaces shall be provided within the PRD for each dwelling unit constructed. In addition, there shall be 0.5 space per townhouse or garden apartment dwelling unit provided for visitor parking located within 300 feet of the dwelling units they are intended to serve. Parking spaces in driveways, which block access to integral garages in townhouse dwellings, shall not be permitted.

All sidewalks, lighting and stormwater management facilities shall be designed and constructed in accordance with the requirements of the Allegheny Township Subdivision and Land Development Ordinance.[1] Adequate numbers and spacing of firesafety fixtures or equipment shall be installed in accordance with requirements as defined by the Board of Supervisors.

Editor's Note: See Ch. 223, Subdivision and Land Development.

All uses which require off-street loading shall comply with the requirements of Article XVI.

§ 250-107.16 Vehicular and pedestrian access.

Principal vehicular access to the PRD shall be at a minimum of two points from streets and roads capable of supporting existing traffic and the traffic that will be generated by the development, unless otherwise approved by the Board of Supervisors. Access points shall be spaced a minimum of 150 feet on center. Access points shall be designed to provide smooth traffic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows of traffic indicate such need. Streets or roads within the PRD shall be designed in such a manner as to discourage use of minor streets as through streets.

Upon dedication by the developer of the streets or roads to the Township, the Board of Supervisors agrees to maintain the streets and roads dedicated to the Township.

Specifications for street construction. All streets in a PRD, whether public or private, shall be constructed to the specifications of the Allegheny Township Subdivision and Land Development Ordinance for public streets.[1]

Editor's Note: See Ch. 223, Subdivision and Land Development.

§ 250-107.17 Screening.

All requirements of § 250-113 (Screening and landscaping) of this chapter shall be met.

If topographical or other barriers are not sufficient to assure the privacy of the PRD and abutting lots, the following requirement shall be imposed at all places where there are buildings, structures or parking areas within 100 feet of the PRD's perimeter lot line.

Structures on the perimeter must be set back at least 30 feet from the rear lot line and neighboring properties to protect their privacy and amenity.

The perimeter of the PRD shall be screened at a minimum by 25 feet so as to protect the development. No fences or walls inconsistent with the Township ordinances in effect with regard to such structures shall be permitted,

§ 250-107.18 Building spacing.

The requirements determining the spacing of buildings shall be as flexible as possible so as to encourage imaginative parcel design. The spaces between buildings shall guarantee adequate light, air and emergency access.

The minimum distance between the nearest points of any exterior building walls shall be not less than 30 feet, except that for residential buildings not exceeding two stories in height, exterior end walls with no openings therein shall be not less than 20 feet apart.

§ 250-107.19 Filing of application for preliminary approval.

Overview.

Combined zoning change and site plan application. If an application for a zoning change is made simultaneously with the application for site plan preliminary approval, the two shall be considered together.

Filing.

An applicant shall submit an application for preliminary approval of the site plan delivering five copies of the completed application to the Township Manager at least 20 working days prior to the Planning Commission's regularly scheduled meeting. The Township Manager shall determine the completeness of the application and either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice which cites the specific requirements of this chapter which have not been met shall be sent to the applicant.

The Township Manager may request the applicant to supply additional information to clarify a submission. If this information is provided to the Township Manager seven working days prior to the Planning Commission's scheduled meeting, it shall be deemed acceptable and shall not be considered a resubmittal.

The date of the Planning Commission meeting at which the application is accepted as complete and properly filed shall be the official date of filing and shall represent the beginning of the sixty-day period for Planning Commission review and public hearing by the Board of Supervisors.

Fees. The application for preliminary approval shall be accompanied by a filing fee in accordance with the schedule affixed from time to time by resolution of the Board of Supervisors.

Information required. The application shall contain in the form specified by the Planning Commission, the following information and such additional information as may be required by the Commission to perform its duties:

All data required for a preliminary plat, as specified in the Township Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 223, Subdivision and Land Development.

The location, size, existing topography, proposed topography and the nature of the PRD proposed to be developed.

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

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

(5)

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

(6)

The feasibility of proposals for water supply and the disposition of sanitary waste and stormwater.

(7)

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

(8)

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

(9)

The location and design of all screening and landscaping indicating the type, location and height of all plantings.

(10)

Any conflicts with the Township land use regulations otherwise applicable.

(11)

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

(12)

In the case of site plans which call for development over a period of years, a description of each section and a schedule showing the proposed times within which applications for final approval of all sections of the PRD shall be filed, and this schedule must be updated annually, by the anniversary of its previous approval, until the development is completed and accepted.

(13)

Statement of public interest. A written statement by the applicant setting forth the reasons why, in his opinion, a PRD would be in the public interest and would be consistent with the community's growth objectives.

(14)

True and correct copies of the complete text of all covenants, easements, rights-of-way, and other restrictions applicable to the common open space; private roads, walkways and/or private parking facilities; recreational facilities; and all other land and/or facilities included in the site plan to be held in common by an appropriate organization or dedicated for public use.

§ 250-107.20 Distribution of application for review.

One copy of the application shall be submitted to Westmoreland County Department of Planning and Development, one copy shall be submitted to the Township Engineer and one copy shall be submitted to each member of the Planning Commission. The Planning Commission shall review the application at a public meeting and shall forward written recommendations to the Board of Supervisors prior to the public hearing conducted by the Board of Supervisors on the application. One copy of the application for preliminary approval shall be forward by the Planning Commission to the Board of Supervisors with its recommendations.

§ 250-107.21 Public hearings.

Within 60 days of the official date of filing of an application for preliminary approval of a PRD, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors.

The Chairman, or, in his absence, the acting Chairman, of the Board of Supervisors may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and the Chairman of record at a hearing shall have the right to cross-examine witnesses.

All procedures governing the conduct of the public hearing shall be in accordance with the procedures specified by Article IX of the Municipalities Planning Code for Zoning Hearing Board hearings and all references to the "Board" in that article shall be to the "Board of Supervisors" for the purposes of interpreting this section.

The Board of Supervisors may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

§ 250-107.22 Grant or denial of approval.

Action by Board of Supervisors. The Board of Supervisors, within 60 days following the conclusion of the public hearing provided for in this chapter, by official written communication to the applicant shall either:

Grant preliminary approval of the site plan as submitted;

Grant preliminary approval subject to the specified conditions not included in the site plan as submitted; or

Deny preliminary approval of the site plan.

Failure to act. Failure to so act within 60 days shall constitute preliminary approval of the site plan as submitted.

Approval with conditions. If preliminary approval is granted subject to conditions, the applicant may refuse to accept the conditions, in which case the Board of Supervisors shall be deemed to have denied approval of the site plan. The applicant shall reject these conditions by written notification to the Board of Supervisors of his decision within 30 days after receiving a copy of the decision of the Board of Supervisors. If the applicant does not, within the prescribed period, notify the Board of Supervisors of his refusal to accept all the conditions, preliminary approval of the site plan, with all attached conditions, shall stand as granted.

§ 250-107.23 Criteria for approval.

A site plan may be tentatively approved only if it is found to meet the following criteria:

The proposed site plan shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan.

It shall be fully served by public utilities without reducing the level of service to the remainder of the Township.

It shall organize vehicular ingress, egress, and parking to minimize traffic congestion in the neighborhood.

It shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds within the development and to the buildings and grounds of adjacent owners, and to the fullest extent possible, shall preserve the scenic, aesthetic, and historic features of the landscape.

It shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other lot or persons.

§ 250-107.24 Findings of fact.

The decision granting or denying preliminary approval shall be accompanied by or include a detailed analysis containing findings of fact and relating to the following criteria:

A detailed itemization of aspects in which the proposed PRD is consistent with the Allegheny Township Comprehensive Plan and the aspects in which it is not consistent.

Any aspects in which the proposed PRD departs from zoning requirements for similar development in other districts and the Subdivision and Land Development Ordinance[1] otherwise applicable to the subject lot, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.

Editor's Note: See Ch. 223, Subdivision and Land Development.

The purpose, location and amount of the common open space in the proposed PRD, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the purpose, density and type of residential development.

The physical design of the proposed PRD and the aspects in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further amenities of light and air, recreation, and visual enjoyment.

The relationship of the proposed PRD to the neighborhood in which it is proposed to be established; and

A summary shall be provided stating how the plan protects the interest of the public, the residents of the PRD and the integrity of the site plan. The summary shall provide, at a minimum, information related to the following:

Estimated number of vehicular trips per day (based on ITE standards);

Projected flow of traffic patterns on collector streets adjacent to the PRD;

Percentage, characteristics and quality of open space; and

Areas of the PRD which are open for use by the public.

§ 250-107.25 Time limits for filing application for final approval.

If a proposed PRD is granted preliminary approval, with or without conditions, the Board of Supervisors shall set forth in the decision the time within which an application for final approval shall be filed. In the case of a site plan that provides for development over a period of years, the periods of time in which applications for final approval of each part thereof shall be filed may also be established in the official written communication. Only with the consent of the applicant may the time between grant of preliminary approval and application for final approval be less than three months, and in the case of development over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.

§ 250-107.26 Certification of decision.

The decision shall be in writing, signed by the Chairman of the Board of Supervisors, attested by its Secretary and filed in the office of the Secretary, and a certified copy shall be mailed to the applicant.

§ 250-107.27 Status of plan after preliminary approval.

Consent to revoke. Preliminary approval of a site plan shall not qualify a plat of the PRD for recording, authorize development, or authorize the issuance of any building permits. A site plan that has been given preliminary approval as submitted or with conditions accepted by the applicant shall not be modified or revoked, by action of the Township pending an application or applications for final approval. If the application for final approval is filed within the periods of time specified in the decision granting preliminary approval, the Township shall act to modify or revoke the preliminary approval only for one or the other of the following reasons:

Default or violation by the applicant of any of the conditions of preliminary approval.

Consent by the applicant to the modification or revocation.

Revocation of preliminary approval.

The preliminary approval of the site plan may be revoked for either of the following reasons:

The applicant notifies the Board of Supervisors in writing of the intention to abandon the plans; or

The applicant fails to file application for final approval within the required time period.

When preliminary approval is revoked, all areas included in the site plan not granted final approval shall be subject to all Township ordinances as though no application had been filed.

Plan after preliminary approval. A site plan granted preliminary approval should be considered the overall site plan of the development. This plan may not be altered without the consent of the applicant and the Board of Supervisors. The filing of an application for final approval of the entire development or an approved phase shall be consistent with the plan granted preliminary approval.

§ 250-107.28 Filing of application for final approval.

An applicant shall submit an application for final approval of the site plan by delivering five copies of the completed application to the Township Manager at least 10 working days prior to the Planning Commission's regularly scheduled meeting. The Planning Commission shall either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice that cites the specific requirements of this chapter which have not been met shall be sent to the applicant.

The date of the Planning Commission meeting at which the application is accepted as complete and properly filed shall be the official date of filing and shall represent the beginning of the forty-five-day period for review by the Planning Commission and action by the Board of Supervisors.

§ 250-107.29 Content of application for final approval.

The application for final approval shall include a site plan, all required supplementary data as specified herein, and a certificate of completion of improvements or a completion bond, as required by the Township Subdivision and Land Development Ordinance.[1]

The site plan shall include:

All data required for a final plat, as specified in the Township Subdivision and Land Development Ordinance;

Accurately dimensioned locations of all proposed structures, parking areas, recreation areas and common open spaces;

The use and number of families to be housed in each structure; and

The landscaping plan, including the location of sidewalks, trails and landscaping.

Supplementary data shall include:

In a form suitable for recording with the plat, any covenants, grants of easements, rights-of-way or other restrictions to be imposed on the use of the land and structures; and

Provisions for the maintenance, ownership and operation of common open spaces, common recreation facilities and other improvements.

Editor's Note: See Ch. 223, Subdivision and Land Development.

§ 250-107.30 Grant of final approval.

If the application for final approval has been filed with all drawings, specifications, other required documents in accordance with this chapter, and the official written communication of preliminary approval, the Planning Commission shall recommend approval of said application to the Board of Supervisors. The Board of Supervisors shall, within 45 days of the filing of the application with the Planning Commission, grant such site plan final approval.

§ 250-107.31 Denial of final approval.

If the site plan as submitted contains variations from the site plan given preliminary approval, the Board of Supervisors may refuse to grant final approval. It shall, however, within 45 days from the filing of the application for final approval, advise the applicant of the refusal, setting forth in the notice why one or more of the variations are not in the public interest. In the event of such refusal, the applicant may take action as provided for in the Pennsylvania Municipalities Planning Code.

§ 250-107.32 Recording.

A site plan, or any part thereof, which has been given final approval shall be certified by the Board of Supervisors and recorded in the Office of the Recorder of Deeds before any development shall take place. Said plan shall be recorded within 90 days of the date final approval is granted by the Board of Supervisors or final approval shall automatically be rescinded.

§ 250-107.33 Appeal procedures.

Any decision of the Board of Supervisors granting or denying tentative or final approval of a proposed PRD shall be subject to appeal by the same procedures and with the same limitations as provided for zoning appeals by the Pennsylvania Municipalities Planning Code.

§ 250-107.34 Failure to develop.

In the event that a site plan, or a section thereof, is given final approval and thereafter the applicant shall abandon such plan or the section thereof that has been finally approved: or, in the event the applicant shall fail to commence and carry out the PRD in accordance with the time provisions of § 508 of the Pennsylvania Municipalities Planning Code[1] after final approval has been granted, or in the event that the applicant shall substantially fail to develop in accordance with the site plan given final approval, no development or further development shall take place on the lot included in the site plan until after the said lot is reclassified by enactment of an amendment to the Township Zoning Ordinance in the manner prescribed for such amendments in the Pennsylvania Municipalities Planning Code.