Forest Hills City Zoning Code

The proposed development plan preserves the community development objectives of this chapter, and is consistent with the Comprehensive Plan.

Where the proposed development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, such departures must be shown to be in the public interest and promote the health, safety and general welfare of the public.

The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space is adequate with respect to the purpose, use, and type of development proposed.

The physical design of the proposed development plan adequately provides for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation and visual enjoyment.

The total environment of the proposed development plan is harmonious and consistent with the neighborhood in which it is located.

The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding than if subject property were developed in accordance with the provisions of the zoning and subdivision ordinances which otherwise apply.

The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 27-1001.

In the case of a development plan which proposes development over a period of years, the development plan will provide at each stage of development a sufficient proportion of open space, planned facilities and amenities, and other improvements and conditions as required in this Part and as intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

Ownership. The entire site for the planned nonresidential development shall be owned or controlled by the developer.

Minimum Size. The site shall not be less than two acres.

Frontage. The minimum frontage abutting on a public right-of-way shall not be less than 100 feet.

Access. The site must provide for access from arterial streets indicated in the Comprehensive Plan to assure convenient and safe access which will not cause undue congestion or hazard on local streets.

Safety. The site shall be so developed as to avoid danger to health or peril from fire, flood, or other hazard. Land containing or providing hazards to life, health and property, such as quarries, open ditches, land subject to flooding, subsidence, or underground fires shall not be developed for commercial purposes until such hazards have been eliminated or adequate safeguards are provided under the development plan.

Permitted Uses. Permitted uses and conditional uses as specified in Table 27-1 of Part 3 for the zoning district in which a proposed planned nonresidential development is to be located, may be permitted in the planned nonresidential development provided their design, arrangement, landscaping, construction and relationship to adjacent properties and uses meet all requirements set forth in this chapter.

Yards and Open Spaces. The front, side and rear yards shall not be less than the minimum requirements of the district in which the planned nonresidential development is located. Not less than 10% of the total site, area shall be set aside for open space, and such open space shall be landscaped in a manner suitable for the uses intended for the development.

Building Spacing. The requirements determining the spacing of buildings shall be flexible so as to encourage imaginative site 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 20 feet.

Building Groupings. Structures shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities.

Off-Street Parking and Loading. Off-street parking spaces shall be provided at the minimum ratio of one space for every 250 square feet of gross floor area for retail uses, office uses and amusement uses. All other uses shall provide parking in accordance with Part 7. Five off-street loading berths shall be provided for the first 100,000 square feet of gross floor area, and one additional berth shall be provided for each additional 100,000 square feet.

Ownership. The entire site for the planned residential development shall be owned and controlled by the developer.

Minimum Size. The site shall not be less than three acres.

Access. The site must provide for access from arterial streets indicated in the Comprehensive Plan to assure convenient and safe access which will not cause undue congestion or hazard on local streets.

Safety. The site shall be of such a character so as to avoid danger to health or peril from fire, flood, or other hazard. Land containing or providing hazards to life, health and property, such as quarries, open ditches, land subject to flooding, subsidence, landslide prone, or underground fires, shall not be subdivided for residential purposes until such hazards have been eliminated or adequate safeguards are provided under the development plan.

Permitted Uses. The following uses may be permitted in a planned residential development provided their design, arrangement, landscaping, relationship to adjacent properties and uses, and construction meet the requirements set forth in this chapter:

Permitted Density. The average land area per dwelling unit shall not be less than the minimum lot area required per family for the district in which the planned nonresidential development is located. In the S-2 Special District the density may be increased to 1,500 square feet per family for apartments of six stories or more.

Open Space Requirements. Not less than 15% of the total site area shall be set aside for open space, and not less than 50% of such open space shall be developed to a degree commensurate with its location and probable usage. The common open space shall be so dedicated or otherwise preserved and maintained so as to always remain open and available for use by the occupants of the planned residential development. The common open space, including all improvements and facilities, shall be either:

Common Open Space Maintenance. If the organization established to own and maintain common open space, or any successor organization, at any time fails to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough Council may take remedial actions, to cause the common open space to be properly maintained, as is provided by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

Minimum Building Setback. No structure shall be located closer to any boundary of the site than 40 feet. Any structure exceeding 35 feet in height shall be set back one additional foot for every two feet of height exceeding 35 feet.

Building Spacing. The requirements determining the spacing of buildings shall be as flexible as possible so as to encourage imaginative site 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 20 feet.

Maximum Size of Structure. No structure shall have a maximum dimension greater than 250 feet. No town house shall have a height greater than three stories, or 35 feet. No apartment structure shall have a height greater than six habitable stories, or 70 feet. Chimneys, spires, towers, tanks, or similar projections may exceed the prescribed height limitation by not more than 25%.

Building Groupings. Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities.

Staging Development. The density of development within various portions of the planned residential development may vary, provided that at every point during construction the completed portion of the development plan will meet all requirements of this chapter. It is further required that programs for the construction of areas of greater density concentration than permitted on the entire tract will be offset by site improvements which, because of their size or cost, are in proportion to the number of dwelling units to be constructed in each stage. As an alternative to part or all of the site improvements required to offset development densities in excess of the overall permitted density, the Borough may require the reservation of open space by grant, easement, or covenant in favor of the Borough in an amount and location necessary to balance the excess development density of each stage.

Off-street parking spaces shall be provided in accordance with the provisions of § 27-701.

Areas should be provided for bus loading areas and bus shelters within one quarter mile of each residential concentration. The bus loading area shall be large enough for a bus to pull out of the flow of traffic.

Street lights shall be provided by the developer throughout the planned development. The street lights shall be located to ensure adequate illumination in order to protect the safety of the residents of the planned development.

Proposed streets shall be related to street plans or parts thereof as have been officially adopted by the Borough. Proposed streets shall conform to the requirements herein as well and as to any other plans, statute, ordinance, law or regulation applicable thereto. Streets shall be logically related to the topography in order that usable lots and reasonable grades shall be produced. Minor streets shall be so laid out as to discourage through traffic, but provisions will be required for street connections into and from adjacent areas.

Where a planned development abuts or contains an existing or proposed major traffic street, the Borough Council may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with arterial or collector streets, and separation of local and through traffic.

Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be provided to insure adequate drainage of all points along the streets.

Concrete monuments shall be set at the intersection of all lines angles in the boundary of the planned development. Iron or steel makers shall be set at the beginning and ending of all curves along street property lines, all points where lot lines intersect curves, either front or rear, and at all angles and property lines of lots and at all other lot corners.

Pedestrian interior walks shall be required where necessary to assist circulation or provide access to community facilities. Such interior walks shall have a paved width of not less than four feet.

When topsoil has been removed from the surface on a slope where erosion may cause a displacement of loose material, the area shall be seeded or otherwise treated as soon as possible to prevent damage adjacent property or streets.

All utilities located within a planned development shall be located underground.

Sewer and Water. The development shall be served by public water and sewage disposal systems, which shall be in place and capable of functioning prior to construction of any principal buildings within the PRD or any stage thereof.

Financial security to ensure satisfactory completion and maintenance of required improvements and maintenance, inspection procedures and acceptance of any public rights-of-way shall conform to the requirements of Chapter 22 of the Borough of Forest Hills Code of Ordinances, "Subdivision and Land Development."

The location map shall indicate the area within 1,000 feet of development site showing North direction, all public roads, property lines as appropriate, airport, river and adjacent municipalities, with the subject property clearly marked.

The site maps include the following:

The development plan shall comprise such maps at a scale no smaller than one inch equals 100 feet and text needed to clearly show the following:

Text or Graphical Materials. The following text or graphical materials shall be provided:

The engineering report shall comply with the provisions for an engineering report as specified in § 22-305, Subsection 5, of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."

The development plan complies with all applicable standards and conditions of this chapter, preserves the community development objectives of this chapter and is found by the Borough Council to be consistent with the Comprehensive Plan, if any.

Where the development plan departs from this chapter and the zoning and subdivision regulations otherwise applicable to the subject property, such departures are in the public interest and promote the public's health, safety and welfare. See Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development."

The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space are adequate with respect to the purpose, use and type of development proposed.

The physical design of the development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.

The total environment of the development plan is harmonious and consistent with the neighborhood in which it is located.

The development plan will afford a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property were developed in accordance with the provisions of this chapter and Chapter 22 of the Forest Hills Borough Code of Ordinances, "Subdivision and Land Development," which otherwise apply.

In the case of a development plan which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents/occupants of the planned residential development or planned nonresidential development in the integrity of the development plan.

The grant or denial of tentative approval shall include findings of fact related to the proposed development plan as submitted for approval, and the reasons for the decisions shall be set forth with particularity in what respect the proposed development plan would or would not be in the public interest including, but not limited to, each of the above criteria.

The Borough Council may:

If the developer and/or landowner chooses to reject any conditions attached to the grant of tentative approval, he/she may void such tentative approval by notifying the Borough Council in writing within 30 days of the decision of the Borough Council.

The grant of tentative approval may be revoked by the Borough Council if it is notified by the developer and/or landowner of his/her intention to abandon the development plan. The grant of tentative approval shall be deemed to be revoked if the developer and/or landowner does not submit an application for final approval within the time limits required by law.

The development plan shall be to a scale no smaller than one inch equals 100 feet on a sheet size measuring 24 inches by 36 inches and shall include:

The supplementary data shall include:

When an application for a development plan has been granted tentative approval, the applicant shall be entitled to final approval in accordance with the terms of the grant of tentative approval.

In the event the development plan as submitted contains variations from the development plan given tentative approval, Borough Council may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the Planning Commission next following the date the application is filed, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest; provided, however, that should the next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed. In the event of such refusal, the landowner may either:

If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner described in this Part and Article VII of the MPC, 53 P.S. § 10701 et seq., for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, Borough Council shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall be in the form and contain the findings required for an application for tentative approval set forth in this Part and Article VII of the MPC, 53 P.S. § 10701 et seq. Failure of Borough Council to render a decision on an application for final approval and communicate it to the applicant within the time and in the manner required by this section shall be deemed an approval of the application for final approval, as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner or presentation of communication shall have like effect.

Provisions in Favor of the Borough. The provisions of the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of common open space, except as otherwise provided in this Part, and the intensity of use or the density of residential units shall run in favor of the Borough. As provided by law, these provisions shall be enforceable in law or in equity by the Borough without limitation on any powers of regulation otherwise granted the Borough by law.

Provisions in Favor of Residents. All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan, also provided that these provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf. No provisions of the development plan shall, however, be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.

Modifications. All those provisions of the development plan authorized to be enforced by the Borough under this Part may be modified, removed or released by the Borough, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:

Release of Rights. Residents of the planned residential development and occupants of the planned nonresidential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Borough to enforce the provisions of the development plan in accordance with the provisions of this chapter.