Neville Township City Zoning Code
ARTICLE X
Riverfront Planned Development
§ 340-43 Purpose.
This article is enacted to further the policy of the Township Commissioners that land having river frontage in any zoning district should be utilized to enhance the amenities of the river and maintain, preserve and make these natural assets accessible to the general public, and to permit certain, limited commercial and appropriate residential development in planned projects where the developer provides access to the riverfront for the general public. Specific improvements are to be provided which may differ from standards in other areas of the Township because of the development's exceptional location along the riverfront. Flexibility is provided to encourage and promote ingenuity and creativity in the design of the development.
§ 340-44 Permitted uses.
The following uses, and only the following uses, are permitted in a RPD, provided their design, arrangement, landscaping, relationship to adjacent properties and uses, and construction form a compatible and harmonious group of uses, afford reasonable protection to adjacent development, and otherwise meet all requirements set forth in this chapter:
A.
Accessory uses;
B.
Banks, financial institutions;
C.
Business and professional offices;
D.
Business service shops, including, but not limited to, real estate and insurance sales and travel agencies;
E.
Commercial recreation uses, as appropriate to the riverfront location, including walkways, overlooks, excursion boat landings and launching facilities;
F.
Essential services;
G.
Garden apartments;
H.
Health or fitness clubs;
I.
High-rise apartments;
J.
Hospitals, medical labs or clinics;
K.
Hotel/motels meeting the standards of § 340-81I and having not less than 1,200 square feet of lot area per sleeping room;
L.
Marina, including appropriate accessory uses such as boat sales and service, restaurants, and recreational facilities;
M.
Marine equipment sales and service;
N.
Museums, galleries or similar cultural facilities;
O.
Nursing, personal care or group home;
P.
Personal service shops, including but not limited to barbershops and beauty shops; dressmaker, tailor and milliner shops; laundries, shoe repair shops and travel agencies;
Q.
Private clubs;
R.
Public parking facilities;
S.
Public recreation, exclusive of public boat launching;
T.
Restaurants, excluding drive-through;
U.
Retail stores, including, but not limited to, such businesses as book, periodical and stationery stores, florists, hardware stores and music stores;
V.
Specialty or convenience food markets having no more than 5,000 square feet gross floor area; and
W.
Townhouses and attached single-family dwellings.
§ 340-45 Lot, yard and height requirements.
B.
River frontage. The site shall have frontage on either channel of the Ohio River or shall be contiguous with an existing RPD through which accessibility to the river frontage is assured.
C.
Minimum building setback. No structure shall be located closer than 50 feet to any boundary of the site or to the shoreline of the Ohio River; provided, however, that not more than 20% of the length (linear footage) of all principal permitted buildings fronting on the river may be extended into this required setback and be located on or near the river's shore. Any structure exceeding 35 feet in height shall be set back one additional foot for every two feet of height that exceeds 35 feet.
D.
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 30 feet; provided, however, that the minimum distance between adjacent spandrel walls on townhouses may be reduced to 20 feet.
E.
Maximum height of structure.
(1)
No structure shall have a height greater than that allowed in the subject zoning district except as provided for herein. Chimneys, spires, towers, tanks, or similar projections may exceed the prescribed height limitation by not more than 10 feet.
(2)
Structures not exceeding 75 feet in districts other than the IT Industrial Transition District may be authorized by the Board of Commissioners if there is a finding of fact that the taller structure will not negatively affect views from surrounding areas and if the average floor area of such structure is no greater than 15,000 square feet.
F.
Building size. No residential structure shall have a length or depth greater than 150 feet. Nonresidential structures shall be of a size and scale relative to the other structures of the RPD, which promotes and enhances the safety, convenience and comfort of pedestrians enjoying the riverfront setting. As a guideline, the gross floor area of retail stores shall be no greater than 5,000 square feet. The Board of Commissioners may approve larger retail stores and large structures where the structure is designed and sited to appear as a part of an architectural theme, and when the developer provides additional amenities in the design features of the structure and its surroundings.
§ 340-46 General provisions.
A.
Applicability. Riverfront Planned Developments (RPD) shall be considered permitted uses in all existing zoning districts where the subject lot, tract or parcel has frontage on the Ohio River.
B.
Compliance. No RPD may be finally approved, no lot shall be sold in any RPD, nor any structure built, altered, moved or enlarged in any RPD unless and until the improvements required in connection therewith have either been constructed, or their construction guaranteed, as herein provided.
C.
Exception. The provisions of this article for approval of a RPD shall be in lieu of the procedures and provisions for approvals required in the remainder of this chapter and Chapter 290, Subdivision and Land Development. Failure to comply with the provisions of this article with respect to a RPD shall be deemed to constitute a violation of this chapter and/or Chapter 290, Subdivision and Land Development.
§ 340-47 Procedures for review and approval.
A.
Procedures for Riverfront Planned Developments.
(1)
RPD shall require submission, review and approval of a preliminary application and of a final application in accordance with the following procedures and requirements.
(2)
All applications, preliminary and final, shall be submitted to the Zoning Officer in the form specified by this chapter. No preliminary or final application shall be deemed accepted or duly filed until the Zoning Officer determines that all plans and documents are complete and in accordance with the requirements of this chapter. No application shall be placed on the agenda of the next regular meeting of the Planning Commission unless it is received and accepted by the Zoning Officer at least 10 days prior to such meeting.
B.
Concept plan.
(1)
Prior to submission of a preliminary application, the developer is encouraged to present a schematic plan of the proposed development to the Planning Commission to assure mutual agreement on the location, extent, functioning, public orientation and goals of the proposed RPD, but such agreement shall not be legally binding. Time deadlines applicable to tentative or final approval shall not apply to concept plans.
(2)
In the case of a RPD which proposes development of only a portion of the parcel owned or controlled by the developer, the developer shall provide a concept plan which clearly delineates the proposed future development of all remaining portions of such parcel. This concept plan may be submitted as a part of the preliminary application.
C.
Preliminary application. The preliminary application shall include a location map, site analysis study, site map, development narrative, traffic impact analysis, and engineering report. The plan shall be prepared by a registered professional engineer, landscape architect or professional land surveyor. The application shall be submitted to the Zoning Officer with not less than 20 copies of all plans and maps and shall be accompanied by a fee as established by the Board of Commissioners. A location map shall clearly show the location of the tract proposed for development with respect to local roads and bridges.
(1)
A location map shall clearly show the location, area and zoning of the tract proposed for development with respect to local roads and bridges.
(2)
A site analysis study shall include review and analysis of natural, cultural and geotechnical features, existing and potential scenic views, and structures or features of an archeological or historic interest.
(3)
A land development plan, as required by Chapter 290, Subdivision and Land Development, of this Code, shall be submitted for the entire tract and all lands within 100 feet of the boundaries of the tract. All of the items required for preliminary approval of a land development under Chapter 290, Subdivision and Land Development, of this Code shall be shown on the plan.
[Amended 12-21-2009 by Ord. No. 810]
(4)
The proposed RPD shall comprise such maps, at a scale no smaller than one inch equals 50 feet, and text needed to clearly show the following:
(a)
The name of the proposed development and names and addresses of the developer and the persons who prepared the plan;
(b)
The proposed street pattern, including the names, paving widths, and rights-of-way of all streets, and the widths and locations of easements;
(c)
The layout of lots or parcels, where appropriate, including dimensions, number, and building lines;
(d)
The location, use, height, bulk, and number of families to be housed for every structure proposed;
(e)
The location of all off-street parking spaces and the total number of spaces to be provided;
(f)
The location, calculated requirements, size, and kind of improvements proposed for all common open space, together with proposed ownership and maintenance arrangements for such open space;
(g)
The location and design for all landscaping and screening proposed showing the height and type of screening;
(h)
The location and width of walks, sidewalks and trail's, and the use of trails where they are not limited to pedestrian use;
(i)
The substance of covenants, grants, easements, or other restrictions proposed;
(j)
The extent to which the proposed RPD varies from land use and other regulations otherwise applicable to the subject property;
(k)
A schedule, where development is to be phased over a period of years, showing proposed times for the filing of applications for final approval for each phase of the proposed RPD; the time scheduled for initiation and completion of each phase, and the phasing for completion of public improvements, public recreational use and common open space (drawings shall be included to illustrate the extent of development proposed for each stage);
(l)
A statement of public interest submitted, in writing, by the developer setting forth the reasons why the proposed RPD is in the public interest and is consistent with the Comprehensive Plan and any other plans, laws or ordinances that may be approved by the Township;
(m)
A management plan for the operation and maintenance of all recreation facilities, both public and commercial;
(n)
Location, dimensions, total square footage and ground floor plans of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, fire hydrants and fire lanes and other site improvements or amenities;
(o)
Contours and sufficient elevations to show proposed gradings and data to show gradient of access drives, parking facilities and surface water runoff;
(p)
Location and approximate size of utilities to serve the development;
(q)
Schematic elevations at an appropriate architectural scale;
(r)
Surface water runoff controls; and
(s)
A list of Township, county, state or federal approvals and permits required by the proposed development.
(5)
An engineering report shall be prepared by a registered professional engineer and shall include the following data wherever pertinent:
(a)
Profiles, cross sections, and specifications for proposed street improvements.
(b)
Profiles and other explanatory data concerning installation of water distribution systems, stormwater management facilities and sanitary sewers.
(c)
A report on the feasibility of connection to existing sanitary sewerage system, including distances to the nearest public sewer, service load of the Riverfront Planned Development and the capacity of the treatment plant.
(d)
A report on the feasibility of connection to existing public water delivery system, including distance to nearest water delivery system.
D.
Review of preliminary plan. The Zoning Officer shall forward one copy each of the preliminary application to the Planning Commission, the Township Engineer, the County Health Department, and the Allegheny County Department of Economic Development. The Board of Commissioners shall not approve the preliminary application until reports from each of these agencies have been received or until the expiration of 30 days from the date the copies of the application for development were forwarded to said agencies.
E.
Board of Commissioners action on preliminary plan. The Board of Commissioners shall hold a public hearing pursuant to required public notice within 60 days of the filing of such preliminary application. The Board of Commissioners may continue such hearing, or refer the application back to the Planning Commission, but shall complete the hearing within 60 days of the initial hearing. The Board of Commissioners shall render their decision and provide official written communication of its decision to the developer not later than 60 days after the conclusion of the public hearing.
F.
Grant or denial of tentative approval. The grant or denial of tentative approval shall include findings of fact related to the proposed RPD as submitted for approval and the reasons for the decision shall be set forth, with particularity in what respect the proposed RPD would or would not be in the public interest as set forth in this article and including, but not limited to, each of the cited criteria:
(1)
In the event a RPD is granted tentative approval, with or without conditions, the Board of Commissioners may set forth in the official written communication the time within which an application for final approval of the RPD shall be filed or, in the case of a RPD which provides for development over a period of years, the periods of time within which application for final approval of each RPD thereof shall be filed.
(2)
The decision of the Board of Commissioners shall be in writing and shall be given to the developer personally, or mailed to him at his last-known address, not later than five working days following the decision.
(3)
Failure of the Board of Commissioners to render a decision and to communicate it to the applicant in the time and in the manner required shall be deemed an approval of the application and terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation or of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation and communication shall have like effect.
(4)
If the developer chooses to reject any conditions attached to the grant of tentative approval and so notifies the Board of Commissioners within 30 days of the date he receives the official written communication, it shall be deemed that the application for tentative approval was denied.
(5)
The grant of tentative approval may be revoked by the Board of Commissioners if it is notified by the developer of his intention to abandon the proposed RPD. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by this article.
(6)
The grant of tentative approval shall be promptly indicated on the Township of Neville Zoning Map, and shall constitute an amendment to the Zoning Map to the effect that the provisions of the subject zoning district shall no longer apply to the area granted tentative approval.
G.
Final application.
(1)
An application for final approval may be for all the land included in a RPD or, to the extent set forth in the tentative approval, for a section thereof. Application for final approval of each phase shall be filed with the Zoning Officer not later than 12 months following the grant of tentative approval, unless otherwise specified by the Board of Commissioners, provided that the Board of Commissioners may approve an extension of this time period on written request of the developer.
(2)
The application for final approval shall be submitted in accordance with the requirements of Chapter 290, Subdivision and Land Development, of this Code for an application for final approval of a land development plan. In addition, the land development plan shall address any conditions set forth in the written communication at the time of tentative approval.
[Amended 12-21-2009 by Ord. No. 810]
H.
Final approval. A public hearing on an application for final approval of the RPD, or part thereof, shall not be required, provided the RPD, or the part thereof submitted for final approval, is in compliance with the RPD theretofore given tentative approval and with any specified conditions attached thereto.
(1)
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the Board of Commissioners shall, within 45 days of such filing, grant such RPD final approval.
(2)
In the event the RPD as submitted contains variations from the RPD given tentative approval, the Board of Commissioners may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the developer, in writing, of said refusal, setting forth the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the developer may either:
(a)
Refile his application for final approval without the variations objected; or
(b)
File a written request with the governing body that it hold a public hearing on his application for final approval. If the developer 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 developer was advised that the RPD was not in substantial compliance. In the event the developer shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the RPD.
(3)
Any such public hearing requested by the developer shall be held within 30 days after the request for the hearing is made by the developer. Within 30 days after the conclusion of the hearing, the Board of Commissioners shall by official written communication either grant final approval of the RPD or deny final approval. The grant or denial of final approval of the RPD shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval.
I.
Recording. An RPD, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Commissioners and shall be filed on record, within 90 days, by the developer, in the office of the Recorder of Deeds of Allegheny County before any development shall take place in accordance therewith. Upon the filing of record of the RPD that has been finally approved, no modification of the provisions of said RPD or part thereof, as finally approved, shall be made, except with the consent of the Township.
J.
Abandonment of plan. In the event that an RPD, or a section thereof, is given final approval and thereafter the developer shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Commissioners, in writing; or, in the event that the developer shall fail to commence and carry out the RPD with such reasonable period of time as may be specified in the development agreement, no development or further development shall take place on the property included in the RPD until a new subdivision or development plan has received final approval from the Board of Commissioners.
§ 340-48 Criteria for approval.
Riverfront Planned Developments may be allowed or denied by the Board of Commissioners after written recommendation by the Planning Commission in accordance with the procedures set forth in this article.
A.
Riverfront. The proposed RPD incorporates plans and means for improving public access to, use of, and enjoyment of the scenic and other assets of the Ohio River, and furthers the goals of the Township relative to the use and preservation of riverfront property.
B.
Comprehensive Plan. The proposed RPD preserves the community development objectives of this chapter and is consistent with the Comprehensive Plan.
C.
Variances and modifications. Where the proposed RPD departs from zoning and subdivision and land development 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.
D.
Open space. A proposal for the maintenance and conservation of any proposed common open space shall be submitted with the required information and the amount and extent of improvements of such open space is adequate with respect to the purpose, use, and type of development proposed.
E.
Infrastructure. The physical design of the proposed RPD adequately provides for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation and visual enjoyment.
F.
Neighborhood. The design and layout of the proposed RPD is harmonious and consistent with the character of the neighborhood in which it is located, and the long-term development of any unused portion of the land owned or controlled by the developer shall be consistent in the design and layout with the portion of the land proposed for approval.
G.
Environment. The proposed RPD 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 this chapter and Chapter 290, Subdivision and Land Development, which otherwise apply.
H.
Balanced development. When mixed uses are proposed, the RPD shall provide a balance or ratio between the residential and commercial uses. The residential areas shall be of adequate variety and form to provide a sound residential environment for its residents. Notwithstanding the foregoing, total residential development would be acceptable.
I.
Safety. No use or design feature in the proposed RPD shall involve any element or cause any condition or traffic hazard that may be dangerous, injurious, or noxious to any other property or persons. Consideration of potential traffic hazards shall include, but not be limited to, the effect of the RPD on traffic congestion on the roads, streets, and highways affected by the RPD.
J.
Timing. In the case of a RPD which proposes development over a period of years, the 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 article and as intended to protect the interests of the public and of the residents of the RPD and the integrity of the RPD.
§ 340-49 Standards for Riverfront Planned Development plans.
RPDs may be approved under provisions of this chapter if, and only if, they comply with the following standards and provisions:
A.
Ownership. The entire site for the RPD shall be owned or controlled by a single owner or developer.
B.
Highway access.
(1)
The site must provide for access from an arterial street to ensure convenient and safe access which will not cause undue congestion or safety hazards on local streets. The Board of Commissioners may approve access using a service road to connect to an arterial street where there is a finding of fact and recommendation by the Planning Commission that such service road meets the goals of this section.
(2)
Where the traffic impact statement indicates that the traffic to be generated by the proposed RPD is likely to constitute a hazard to safety, the RPD shall not be approved except in phases which correspond to the limits on capacity and to any programmed improvements designed to mitigate such hazard. A hazard to safety shall be deemed to occur when traffic at any part of any intersection would exceed a service level "D" as defined by the Pennsylvania Department of Transportation Design Manual, Part 2, Highway Design, 1981.
(3)
Where two or more Riverfront Planned Developments are proposed, whether initially, in phases, or separately, a common primary point of access from the abutting arterial street shall be provided. In addition, a unified interior vehicular circulation system within the proposed RPDs shall be designed and constructed where such circulation does not conflict with structure placement or utility location.
C.
Safety. The development and the site shall be of such a character so as to avoid danger to health or peril from fire, flood, or other hazard. Land exhibiting characteristics which present or provide 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 or developed until such hazards have been eliminated or adequate safeguards are provided under the RPD.
D.
Density of development limits. The maximum number of dwelling units for residential uses shall not exceed 12 units per gross acre of land assigned to residential usage and shall conform to the following schedule:
Maximum Density | Units Per Acre |
|---|---|
Attached single-family | 8 |
Townhouses | 10 |
Garden apartments | 12 |
Apartments | 12 |
(1)
Land assigned to residential usage shall include street rights-of-way, buffers and that portion of the required open space serving the residential areas. Land area located underwater and beyond the shoreline of the river shall not contribute to lot area for density calculations nor to open space calculations.
(2)
Density for residential units located within a structure containing stores, shops or offices shall count every 1,000 square feet of gross commercial area within the structure as a dwelling unit.
(3)
The maximum building coverage for development shall not be greater than 40% of the total lot area, exclusive of streets and pavement, assigned to such use.
E.
Open space requirements. Public access throughout the riverfront shall be insured through the provision of common open space along such frontage. Not less than 20% of the total site area shall be set aside for common open space. At least 50% of the required common open space shall be developed to a degree commensurate with its location and probable usage, including marinas, walkways, bike trails, landscaping and appropriate recreational facilities. 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 users and occupants of the development. The common open space, including all improvements and facilities, shall be either:
(1)
Dedicated for public use to a public body which agrees to operate and maintain the dedicated land and facilities; however, no public body is obligated by this chapter to accept such dedication; or
(2)
Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities. Such organization may not be dissolved nor dispose of the common open space unless the maintenance of the common open space is otherwise guaranteed to the Township's satisfaction.
F.
Common open space maintenance.
(1)
If the organization established to own and maintain common open space, or any successor organization, fails to maintain such common open space in reasonable order and condition in accordance with the RPD, the Township may serve written notice upon such organization or upon the residents of the RPD setting forth the maintenance deficiencies, requiring correction of deficiencies within 30 days, and stating the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies so set forth shall not be corrected within the specified time limit, the Township, in order to preserve the taxable values of the properties within the RPD and to prevent the common open space from becoming a public nuisance, may enter upon and maintain the common open spaces for one year. This maintenance shall not constitute a taking nor vest in the public any rights to use the common open space. Before the expiration of the year, the Board of Commissioners shall set a public hearing where such organization or residents of the RPD may show cause why maintenance by the Township should not continue for another year. If the Board of Commissioners determines that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Board of Commissioners determines that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(2)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the RPD that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file with the County a notice of lien upon properties affected. The Township may take any other steps, at law or in equity, to recover the cost of such maintenance from the owners of the properties within the RPD.
G.
Landscaped buffer areas.
[Amended 12-21-2009 by Ord. No. 810]
(1)
Where lots within a Riverfront Planned Development (RPD) site proposed for nonresidential uses abut lots within a Riverfront Planned Development (RPD) site that contain existing residential uses or that are proposed for residential uses, a buffer area, as defined herein, shall be provided along all common side and rear property lines between the dissimilar uses. The buffer area shall be located on the lot proposed for nonresidential use and the depth of the buffer area shall be at least 20 feet measured from the side or rear property line. The specifications for the buffer area shall meet the requirements of Chapter 290, Subdivision and Land Development, of this Code for Buffer Area "B" (minor buffer).
(2)
Where lots within a Riverfront Planned Development (RPD) site proposed for nonresidential uses abut lots outside the Riverfront Planned Development (RPD) site located in a Residential A or Residential B Zoning District or a lot or lots containing an existing single-family dwelling or two-family dwelling in any other zoning district, a buffer area, as defined herein, shall be provided along all common side and rear property lines between the dissimilar uses. The buffer area shall be located on the lot or lots proposed for nonresidential use and the depth of the buffer area shall be 30 feet measured from the side or rear property line. The specifications for the buffer area shall meet the requirements of Chapter 290, Subdivision and Land Development, of this Code for Buffer Area "A" (major buffer).
(3)
Where lots within a Riverfront Planned Development (RPD) site abut a railroad right-of-way or lots outside the Riverfront Planned Development (RPD) site devoted to industrial land use or industrial zoning classification, one of the following screening options shall be provided along common side or rear property lines between the dissimilar uses:
(a)
Landscaped mound option. A landscaped mound not less than 3 1/2 feet in height shall be located on the lot within the Riverfront Planned Development (RPD) site. The maximum slope of the mounding shall be a 3:1 slope if this slope is seeded with grass seed and will require mowing to maintain the lawn. The top of the mound shall be a minimum of eight feet wide and shall provide a 1/2-foot crown. The maximum slope of the mounding may be increased to a 2:1 slope if the slope is planted with ground cover and provides mulch along the slope area.
(b)
Masonry wall option. A masonry wall not less than five feet in height shall be located on the lot within the Riverfront Planned Development (RPD) site. The masonry wall shall be located a minimum of three feet from the common property line. If there is a requirement for a buffer area along the same property line, the required buffer area plantings shall be meet the requirements for landscaping on both sides of the wall. If no buffer area is required based on the zoning classification or existing uses, Buffer Area "B" (minor buffer) as described in Chapter 290, Subdivision and Land Development, of this Code shall be installed.
(c)
Enhanced landscaped buffer option. If there is a requirement for a buffer area along the same property line, the required buffer area plantings shall be installed at a ratio of 1.5 times greater that the buffer area requirement. If no buffer area is required based on the zoning classification or existing uses, Buffer Area "B" (minor buffer) as described in Chapter 290, Subdivision and Land Development, of this Code shall be installed using the ratio of 1.5 times the required plantings.
H.
Building grouping. 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 and oriented as to avoid significant exposure to areas designed for concentrated loading or parking facilities.
I.
Signs. No sign shall be permitted in a RPD except in strict conformance with § 340-63 of this chapter; provided, however, that signs for residential uses in such plan shall conform to the regulations applicable to residential zoning districts, and signs for commercial uses shall comply with regulations applicable to commercial zoning districts. Following final approval of a RPD, every existing nonconforming sign shall be removed.
J.
Staging development. The density of development within various portions of the RPD may vary, provided that at every point during construction, the completed portion of the RPD will meet all requirements of this chapter regarding the pro rata percentage of each use by phase. It is further required that proposals for the construction of areas of greater density than permitted in individual phases, are in proportion to the number of dwelling units and commercial uses to be constructed cumulatively in each phase. As an alternative, the Township may require the reservation of open space by grant, easement, or covenant in favor of the Township in an amount and location necessary to balance the excess development density of each phase.
§ 340-50 Required improvements.
The following required improvements shall be completed in connection with every RPD, and such improvements will be in conformance with standards as may be specified and required in Chapter 290, Subdivision and Land Development, or other Township, county or state law.
A.
Off-street parking spaces and off-street loading spaces shall be provided in accordance with the provisions of this chapter. The Board of Commissioners may approve alternate design standards for off-street parking in response to specific site conditions such as attendant parking, indoor parking, interaction between different abutting uses, or a clearly documented difference between expected parking load and required parking spaces.
B.
Parking lots having an area of 4,000 square feet or more shall be landscaped with trees, shrubs and other plantings, appropriate in hardiness to their location, in accordance with the following:
(1)
The lot's perimeter shall be bordered with a landscaped border not less than 10 feet in width, and the lot shall be screened from every adjacent residential use.
(2)
A landscaped island of not less than 100 square feet shall be installed to separate long rows of parking stalls into groups of 10 or less stalls. Each island shall contain at least two 3.5-inch caliper trees and shall be planted in grass or other ground cover.
(3)
Parking areas which abut a street, structure or open space may be required to provide a landscaped hedgerow, low wall, or similar landscaping device to adequately screen parked cars from view of the street or adjacent use.
C.
Streetlights shall be provided by the developer throughout the RPD. Lighting standards for pedestrian areas and walkways shall not be higher than 12 feet above ground level; lighting standards for parking areas and streets shall not be higher than 18 feet above ground level; and the level of illumination shall conform to Township requirements. Streetlights shall be located to ensure adequate illumination in order to protect the safety of the visitors and residents of the RPD.
D.
Streets shall be related to street plans or parts thereof as have been officially adopted by the Township. 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 sites and reasonable grades shall be produced. Provisions will be required to accommodate traffic from adjacent areas, but minor streets should be laid out so as to discourage through traffic.
E.
Where a RPD abuts or contains an existing or proposed major traffic street, the Board of Commissioners 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 major streets, and separation of local and through traffic.
F.
Drainage structures, culverts, storm sewers, ditches and related installations shall be provided to ensure adequate drainage of all points along the streets.
G.
Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the RPD. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersection curves, either front or rear, and at all angles and property lines of lots and at all other lot corners.
H.
Pedestrian walks shall be required where necessary to assist circulation or provide access throughout the development and its open space, along the riverfront and to community facilities. Walkways shall either be provided between the river and any structure located beside the river or in a convenient and attractive location around the building. Such interior walks shall have a paved width of not less than four feet and be so improved as to assure accessibility to handicapped persons.
I.
Bikeways, where provided, shall meet the requirements of the Pennsylvania Department of Transportation.
J.
Erosion and sedimentation control measures shall conform to the program manual of the Pennsylvania Department of Environmental Protection and SCS review procedures.
K.
Utilities located within a RPD shall all be located underground.
L.
Guarantee of improvements.
(1)
No RPD shall be finally approved unless all improvements required by ordinances have been installed in strict accordance with those ordinances or a guarantee that the improvements will subsequently be installed by the developer, as per the provisions of Section 509 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,[1] in the form of a bond, letter of credit, deposit of funds or securities in escrow which are acceptable to the Board of Commissioners and are in an amount equal to 110% of the estimated cost of all required improvements. The guarantee shall also ensure completion of amenities which include, but are not limited to, the installation of trees, shrubbery, and other plant materials, installation of sidewalks, fences or other landscape materials, the provision of driveways, pathways or other related remedy to circulation, and the demolition and removal of any structure or nonconforming signs as required by this chapter or which the developer has agreed, as a condition of approval, to provide and install. Such bond or other security shall provide for and secure to the public the completion of all declared improvements within a period of three years from the date of final approval of the plan.
[1]
Editor's Note: See 53 P.S. § 10509.
(2)
Surety bonds to ensure satisfactory completion of required improvements and maintenance, inspection procedures and acceptance of any public rights-of-way shall conform to the requirements of Chapter 290, Subdivision and Land Development. Transportation improvements required by the Pennsylvania Department of Transportation in connection with the issuance of a highway certificate of occupancy shall be exempt from the requirements for the posting of financial security.
M.
Release of improvement bond. The Board of Commissioners shall promptly release the developer from the improvement bond if, and only if, the Township Engineer certifies, in writing, that all improvements have been completed in accordance with all agreements set forth as a condition of the required zoning approval. The Board of Commissioners may authorize partial release of the improvement bond after certification of proportionate completion of required improvements.
N.
Developer's agreement. Following approval of the final plan application, but prior to the issuance of any building, grading, or other Township permit, the developer shall sign a development agreement in accordance with the form and content required by Chapter 290, Subdivision and Land Development. Such agreement shall be recorded to run with the deed to the subject property.