Ohara Township City Zoning Code
ARTICLE XIV
Mixed-Use Overlay
§ 455-14.1 Purpose.
This article is enacted to enable and incentivize development consistent with the Township Comprehensive Plan and Allegheny Places, the Allegheny County Comprehensive Plan. As authorized in Article VII-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., this article expands development options to meet modern market demands and most optimally positions the Township's commercial/industrial core for desired investment while establishing standards for quality design and compatibility fit with surrounding neighborhoods.
§ 455-14.2 Eligibility; conditional use approval; location; applicability; violation.
Eligibility. Development in conformance with the MU Overlay District regulations is optional at the election of the applicant. If a MU Overlay District is not elected, all provisions of the underlying base zoning district remain applicable. The MU Overlay District shall be deemed to overlay on any existing or future base zoning districts as identified on the enacted Township zoning map to regulate the use of land in the Township.
Conditional use approval. A Mixed-Use Development (MU) shall be a conditional use. Any tract to be developed as a MU shall require conditional use approval in addition to the preliminary/final MU approval set forth in § 455-14.7 of this article. The applicant for a conditional use for a MU tract shall demonstrate compliance with the criteria for all conditional uses set forth in § 455-14.8 of this chapter. An applicant may choose to obtain conditional use approval for the use of the tract to be developed as a MU prior to or concurrently with its submission of a MU Overlay application for preliminary/final approval of the MU set forth in § 455-14.7 of this article.
Location. The MU Overlay District is located and bounded as shown on the "O'Hara Mixed-Use Development Overlay Map," on file in the Township office.
Applicability. In addition to criteria set forth in this article, an applicant for a MU must also demonstrate compliance with provisions of Chapter 395, Subdivision and Land Development. Preliminary or final approval of a Mixed-Use Development Plan under this article shall also constitute preliminary or final land development plan approval under Chapter 395. Where this article conflicts with this chapter or Chapter 395, this article shall apply.
Violation. Failure to comply with the provisions of this article with respect to Mixed-Use Development shall be deemed a violation of this chapter.
§ 455-14.3 Permitted conditional uses.
The following uses, and only the following uses, are permitted in the Mixed-Use Development Overlay, provided that 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 article.
Privately owned public recreation;
Recreation, commercial;
Garden apartments;
Low-rise apartments (limited to four stories);
Mixed-use buildings (limited to four stories);
Townhouses;
Retail stores having no more than 5,000 square feet gross floor area, including, but not limited to, such businesses as book, periodical and stationery stores, florists, hardware stores and music stores;
Personal service shops, including but not limited to barber and beauty shops; dressmaker, tailor and milliner shops; laundries, shoe repair shops and travel agencies;
Business service shops, including but not limited to real estate and insurance sales and travel agencies;
Banks, financial institutions;
Business and professional offices;
Specialty or convenience food markets having no more than 5,000 square feet gross floor area;
Restaurants;
Health or fitness clubs;
Private clubs;
Museums, galleries or similar cultural facilities;
Municipal recreation uses;
Essential services;
Accessory uses customarily associated with the permitted principal uses.
§ 455-14.4 Density of development limits.
The maximum number of dwelling units for residential uses shall not exceed 20 units per gross acre of land assigned to residential usage.
Land assigned to residential usage shall include street rights-of-way, buffers and that portion of the required open space serving the residential areas.
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.
§ 455-14.5 General design standards.
Sustainability. Applicants are encouraged to incorporate green building methods, materials, and technology in design and construction. Applicants should consider targeting Leadership in Energy and Environmental Design (LEED) certification by the U.S. Green Building Council (USGBC) for new construction and improvements to existing buildings.
Green building incentive.
If the applicant proves that a new building will be "certified" or meet a higher standard under the published criteria of the Leadership in Energy and Environmental Design, the International WELL Building Institute, or the International Living Future Institute, the certified building may qualify for one or more bonuses at the discretion of Council.
The green building incentive is optional for applicants.
To qualify for the green building incentive bonus, the applicant shall have a registered architect provide a statement in writing to the Township at each of the following times:
At the land development application submission;
At the time of the building permit application;
At a point halfway through construction.
The statement shall provide a professional opinion that the project will be able to meet the specified certification, and it shall specify the point system to be used.
If the building fails to achieve certification after occupancy, the Zoning Officer shall have the authority to require that the current building owner make sufficient changes to the building and submittals to obtain the intended certification.
Building height/width/proportion.
Staggered heights. No more than two adjoining nonresidential buildings shall have the same building height so as to create visual interest. Building heights shall vary by at least two feet for nonresidential buildings. In addition, nonresidential buildings and multi-family residential buildings with flat roofs shall have a parapet wall of at least four feet to provide visual interest.
Individual nonresidential buildings shall be no wider than 48 feet, unless designed with primary facade offsets with one-to four-foot recess or projection at intervals of 20 to 32 feet.
Principal buildings shall be a minimum of two stories and/or 20 feet in height.
Building orientation guidelines. The streetscape character of the MU District promotes a pedestrian-friendly frontage formed by buildings oriented along a pedestrian walkway or street edge. Other structures, such as a wall, could be placed at the street wall to create the streetscape character. Building placement shall respond to site-specific conditions and needs at the developer's discretion, incorporating the following guidelines to the maximum extent possible.
Principal structures should be oriented such that the front building facade faces and is adjacent to a public street or private street constructed in accordance with the Subdivision and Land Development Ordinance and Township standard details. Where multiple buildings are proposed as part of a development plan and the plan is proposed to be accessed internally by private streets and/or driveways, buildings should be placed such that the portion(s) of the development abutting public streets have buildings oriented along the streets to frame the street wall.
The street wall for new non-residential or mixed-use structures should be established where feasible within a build-to zone of 12 feet to 30 feet from the frontage property line. At least 60% of the building facade should be along the street wall. Up to 40% of the building facade may have a recess or projection of up to eight feet.
For new principal structures proposed along streets where a street wall is already established within 12 feet to 30 feet from the frontage property line, the frontage should align with the placement of any existing such street wall on the same side of the street within 600 feet in either direction, such that at least 60% of the building facade is along the street wall. Up to 40% of the building facade may have a recess or projection of up to eight feet.
On lots where existing buildings are already set back from the street wall line and existing buildings are intended for reuse within the existing footprint, 36 to 42-inch high brick or stone walls should be placed to reinforce the street wall line.
On a corner lot, the building location with respect to the build-to line should apply to both sides of the lot on which the building has street frontage.
Buildings should anchor corners where streets and/or alleys intersect unless a pedestrian-accessible village green, a plaza, square, park, or green court lot at street corners is proposed.
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 distance between the nearest points of any exterior building walls shall be not less than 30 feet.
Maximum height. Four stories.
Building materials.
Every portion of any exposed exterior wall surface shall be composed of durable materials such as brick, natural or synthetic stone, high-quality prestressed concrete systems, marble, glass, wood or fiber-cement siding.
The Township may approve alternative materials only if such material is determined to be equal or superior compared to the materials enumerated above.
Exterior building materials shall not include concrete block, corrugated metal, smooth-faced gray or stained concrete block, painted concrete block, standard single-or double-tee concrete systems or vinyl siding.
Detached accessory structures shall incorporate compatible materials, scale, colors, architectural details and roof slopes as the principal structures.
Building facades.
Structures shall have finished architectural facade treatment and detail on all elevations that are visible from public rights-of-way and/or adjoining properties.
At least 25% of each street-facing facade shall be comprised of transparent windows and/or doors.
Building design shall provide a distinctive quality and consistent character and style that avoids monotones and featureless massing.
Compatibility. Council may impose conditions upon the approval of MU plans to ensure compatibility with existing residential and other uses, including but not limited to the following:
§ 455-14.6 Required improvements.
The following improvements shall be completed in connection with every Mixed-Use Development, and such improvements will be in conformance with such standards as may be specified and required in Chapter 395, Subdivision and Land Development, or other Township, county or state law.
Street network.
Where new streets and/or alleys are created, they shall be designed to effectively accommodate vehicular, pedestrian, and bicycle circulation.
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.
Where a planned development abuts or contains an existing or proposed major traffic street. 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 major streets, and separation of local and through traffic.
All new streets or driveways providing access to or from a proposed planned development site in the MU Overlay District shall only make connection to streets then currently existing within the MU Overlay District. No new street or driveway shall provide access to or from a street located outside of the MU Overlay District.
Off-street parking.
The number of off-street parking spaces and off-street loading spaces shall be provided at the developer's discretion in accordance with the design provisions of this chapter. Council may approve alternate design standards for off-street parking in response to specific site conditions.
Where feasible, off-street parking spaces and off-street parking lots should be located to the rear or side of buildings. Off-street parking lots should not be located at a street corner, except for structured parking.
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:
A landscaped island shall be installed to separate long rows of parking stalls into groups of 10 or fewer stalls.
The minimum size of a parking lot island shall be 60 square feet of pervious surface area. Islands should be 10 feet wide to ensure the proper growth and protection of required plants.
Each island shall contain at least one tree, a minimum two-inch-caliper measured at four feet from ground level, and at least three low-level shrubs a minimum of three feet in height. Shrubbery shall be located as to screen vehicle headlights from adjacent properties. Islands shall be planted in grass or other ground cover. A mix of deciduous and evergreen trees shall be planted.
Landscaped areas can take the form of a rain garden or bioswale designed to capture and treat stormwater. At a minimum, the rain garden or bioswale shall be planted with a fine, close-growing water-tolerant species that provide large amounts of vegetative surface area for contact with stormwater.
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.
On-street parking may be placed along the curbs and access roads to the residential site to increase the availability of parking within a MU development and insulate pedestrian traffic from vehicular traffic. On-street parking shall not be permitted on arterial or collector streets.
Common MU open space. Village greens, plazas, squares, green courts, green court lots tot lots, pocket parks, playgrounds and/or neighborhood parks shall be provided in Mixed-Use Developments in accordance with the following:
The minimum percentage of MU open space shall be 20%.
The common open space shall be preserved and maintained so as to always remain open and available for use by all, including the general public. The common open space, including all improvements and facilities, shall be dedicated to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities at their sole expense. 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.
The common open space in the Mixed-Use Overlay may incorporate water supply systems and stormwater management facilities that are designed to infiltrate stormwater, blend in with the surrounding landscape and serve as amenities. Infiltration basins, rain gardens, vegetated swales and constructed wetlands are encouraged typologies that may be incorporated into the design with trails, benches, overlooks, attractive fencing and native vegetation. Where structural development or impervious surface associated with stormwater management facilities is unavoidable to site in the common MU open space in forms such as stormwater detention basins, spillways or level spreaders, such features shall be screened from view to the maximum practicable extent with native vegetation.
Common open space maintenance.
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 MU District, the Township may serve written notice upon such organization or upon the residents of the development setting forth the maintenance deficiencies, and establish a time to correct said deficiencies. If said deficiencies are not corrected in the time provided by the Township, the Township may cite the organization or residents of the development. The courts shall schedule the date and time of the hearing. 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 MU development and to prevent the common open space from becoming a public nuisance, may enter upon and maintain the common open space for one year, subject to the current fees for public service employee, vehicle, and/or equipment to address private property issues. 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 Council shall set a public hearing where such organization or residents of the MU development may show cause why maintenance by the Township should not continue for another year. If Council 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 Council shall determine 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 subject to the aforesaid fees, and, subject to a similar hearing and determination, in each year thereafter.
The cost of such maintenance by the Township shall be assessed in accordance with the current fees for public service employee, vehicle, and/or equipment to address private property issues against the properties within the MU development 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 MU development.
Streetlights shall be provided by the developer throughout the Mixed-Use Development. 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 17 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 Mixed-Use Development.
Street trees. Street trees are intended to add charm, beauty and shade to streets. Street trees also provide a landscape architectural complement to the architectural alignment of buildings. Developers must incorporate street trees in accordance with Township requirements at an interval of 30 feet (on center) within planting strips located between sidewalks and streets.
Sidewalks shall create a contiguous walkway network.
Sidewalks shall be placed on both sides of all streets to enhance pedestrian circulation. Sidewalks shall connect to adjoining properties.
Sidewalks shall have a minimum width of five feet. A width of up to 15 feet is encouraged in proposed Mixed-Use developments where the proposed use mix is expected to generate foot traffic and reinforce a walkable public realm.
Sidewalks shall be maintained and repaired on an ongoing basis by the property owner and/or homeowners' association.
Curb cut ramps consistent with ADA requirements shall be installed and maintained at all street intersections.
Crosswalks shall be at least six feet in width or wider if the adjoining sidewalk is wider, physically and visually distinctive to facilitate pedestrian circulation at street corners and constructed of stamped concrete or equivalent treatment approved by the Township Engineer.
Bikeways, where provided, shall meet the requirements of the Pennsylvania Department of Transportation.
Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the MU development. 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 intersect curves, either front or rear, and at all angles and property lines of lots and at all other lot corners.
Drainage structures, culverts, storm sewers, ditches and related installations shall be provided to ensure adequate drainage of all points along the streets.
Erosion and sedimentation control. 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 to adjacent property or streets.
Utilities located within a planned development shall all be located underground. All cable TV boxes, meters, and the like shall be located to the rear of buildings and shall be screened.
§ 455-14.7 Procedures for review and approval.
MU Overlay developments shall require submission, review and approval of a preliminary application and of a final application in accordance with the following procedures and requirements:
All applications, preliminary and final, shall be submitted to the Zoning Officer in the form specified by this article. 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 article. 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 30 days prior to such meeting.
All applications for preliminary and final approval will include a cash deposit for review fees. Review fees will be assessed on the applicant for all reasonable and necessary charges for the Township's Engineer or professional consultants, including but not limited to: architects; traffic, soils and other engineers; and lawyers. The review fees will be charged for the review and report on the application. The amount of the fee will be the rate or cost charged by the engineer or consultant to the municipality when fees are not reimbursed or otherwise imposed on applicants. The procedures relating to billing contained in the Municipalities Planning Code at 53 P.S. § 10503 are incorporated herein by reference.
Concept plan.
Prior to submission of a preliminary application, the developer is encouraged to present a conceptual 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 MU development. However, such agreement shall not be legally binding. Time deadlines applicable to tentative or final approval shall not apply to concept plans.
In the case of a MU development proposed for only a portion of the lot 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.
Preliminary application. The preliminary application shall include a preliminary land development plan and supporting materials in compliance with Chapter 395, Subdivision and Land Development, which shall also include a location map, site analysis study, site map, proposed mixed-use development plan, traffic study, and engineering report. The plans and supporting materials shall be prepared by a registered engineer, architect or landscape architect. The application shall be submitted to the Zoning Officer with not less than 20 copies and shall be accompanied by a fee as established by Council.
A location map shall clearly show the location, area and zoning of the tract proposed for development, the area and zoning of adjacent properties and the location and relative distance to existing adjacent streets.
A site analysis study shall include review and analysis of natural and geotechnical features, existing and potential scenic views, and structures or features of an archeological or historic interest.
A site map shall cover the entire tract and all lands within 100 feet of its boundaries and shall clearly and accurately show the following data:
Property lines and total acreage of the tract;
The location of any existing bodies of water or watercourses using normal pool level as defined by the U.S. Army Corps of Engineer data;
All existing streets, rights-of-way, and easements related to the development;
The location of existing driveways on adjacent properties;
The location of relevant natural features, including but not limited to streams or other natural watercourses and adjacent lands which are subject to flooding, and significant stands of existing trees;
The location of existing structures, including structures located on abutting property if within 50 feet of the common property line;
Required front, side and rear yard lines, and any required building line;
Contour lines at two-foot intervals where average slope is 10% or less, and five-foot intervals where average slope exceeds 10%, and 20-foot intervals where average slope exceeds 25%;
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:
Contours and sufficient elevations to show proposed grades and data to show gradient of access drives, parking facilities and surface water runoff;
Location and approximate size of utilities to serve the development;
Schematic elevations at an appropriate architectural scale;
Surface water runoff controls;
Title block giving name of development, property owner, developer, North point, date and scale (minimum one-inch equals 50 feet); and
Such other information as may be required by the Zoning Officer to facilitate review and understanding of the plan.
The proposed MU development plan shall comprise such maps, at a scale no smaller than one-inch equals 50 feet, and text needed to clearly show the following:
The name of the proposed development and names and addresses of the developer and the persons who prepared the plan;
The proposed street patten, including the names, paving widths, and rights-of-way of all streets, and the widths and locations of easements;
The location and width of walks, sidewalks and trails, and the use of trails where they are not limited to pedestrian use;
The layout of lots or parcels, where appropriate, including dimensions, number, and building lines;
The location, use, height, bulk, and number of families to be housed for every structure proposed;
The location of all off-street parking spaces and the total number of spaces to be provided;
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;
The location and design for all landscaping and screening proposed showing the height and type of screening;
The substance of covenants, grants, easements, or other restrictions proposed;
A listing of Township, county, state or federal approvals and permits required by the proposed development;
Sanitary sewer drawings;
Road improvements.
The engineering report shall be prepared by a registered engineer and shall include the following data wherever pertinent:
Profiles, cross sections and specifications for proposed street improvements.
Profiles and other explanatory data concerning installation of water distribution systems, stormwater management facilities and sanitary sewers.
A report on the feasibility of connection to existing sanitary sewerage system, including distances to the nearest public sewer, service load of the subdivision and the capacity of the treatment plant.
The Traffic Study shall be prepared by a registered traffic engineer and shall show with specificity the amount of traffic which will be generated by the proposed development and the feasibility of accommodating such traffic on adjacent streets. The study shall:
Detail the short-term and long-term impact of the proposed MU development on the street system within a transportation impact area, which area shall be determined by the Township Engineer based on the categories of land use, scale of the development, number and location of points of access and levels of service of existing intersections in close proximity to the development site.
Include data on existing street conditions in the impact area, including roadway width, condition, traffic volume and flow, projected levels of service, operating speeds, land use conflicts and safety.
Provide a 10-year forecast of the average daily vehicle trips which will be generated by the proposed MU development plan, including the time of completion of development and occupancy of uses proposed: distribute and assign these trips to the most probable travel paths over the adjacent street system; and provide relevant peak-hour volumes.
Identify measures needed to safely accommodate the anticipated volumes of traffic and the means for implementation of such measures, including measures for providing safe and adequate railroad crossings.
Include all data, computations and information pertinent to the Traffic Study, and such supplementary information and projections as Council or the Township Engineer may require in order to clarify or justify the findings of the Traffic Study.
Review of preliminary plan. The Township Engineer shall forward one copy each of the preliminary application to the Planning Commission, the Zoning Officer, the County Health Department, and the County Planning Agency. Council 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.
Council action on preliminary plan. Council shall hold a public hearing pursuant to required public notice within 60 days of the filing of such preliminary application. Council 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. Council shall render its decision and provide official written communication of its decision to the developer not later than 60 days after the conclusion of the public hearing, or within 180 days after the filing of the application, whichever occurs first.
Council shall give tentative approval to a proposed Mixed-Use Development Plan if, and only if, it is found to meet the criteria set forth in this article.
Grant or denial of tentative approval. The grant of denial of tentative approval shall include findings of fact related to the Mixed-Use Development Plan as submitted for approval, and the reasons for the decision shall be set forth with particularity in what respect the Mixed-Use Development Plan 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:
In the event a Mixed-Use Development Plan is granted tentative approval, with or without conditions, Council may set forth in the official written communication the time within which an application for final approval of the Mixed-Use Development Plan shall be filed or, in the case of a Mixed-Use Development Plan which provides for development over a period of years, the periods of time within which application for final approval of each part thereof shall be filed.
The decision of Council shall be in writing and shall be given to the developer personally, or mailed to them at their last known address, not later than five working days following the decision.
If the developer chooses to reject any conditions attached to the grant of tentative approval and so notifies Council within 30 days of the date they receive the official written communication, it shall be deemed that the application for tentative approval was denied.
The grant of tentative approval may be revoked by Council if it is notified by the developer of their intention to abandon the proposed Mixed-Use Development Plan. 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.
The grant of tentative approval shall be promptly indicated on the O'Hara Township Zoning Map and shall constitute an amendment to the Zoning Map to the effect that the provision of the underlying district shall no longer apply to the area granted tentative approval.
Application for final approval.
An application for final approval may be for all the land included in a Mixed-Use Development Plan 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 Council, provided that Council may approve an extension of this time period on written request of the developer.
The application shall be at the same scale and in the same format as the preliminary plan and shall be comprised of one reproducible copy and 12 prints of the Mixed-Use Development Plan for the phase, including a site plan and supplementary data, a development agreement, and a certificate of completion of improvement or a guarantee of improvements as required by this article, as well as any conditions set forth in the official written communication at the time of tentative approval.
Final approval. A public hearing on an application for final approval of the Mixed-Use Development Plan, or part thereof, shall not be required provided that the Mixed-Use Development Plan, or the part thereof, submitted for final approval, is in compliance with the Mixed-Use Development Plan theretofore given tentative approval and with any specified conditions attached thereto:
In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the article and the official written communication of tentative approval, Council shall, within 60 days of such filing, grant such Mixed-Use Development Plan final approval.
In the event that the Mixed-Use Development Plan as submitted contains variations from the Mixed-Use Development Plan given tentative approval, Council 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:
Refile their application for final approval without the variations objected; or
File a written request with the governing body that it hold a public hearing on their application for final approval. If the developer wishes to take either such alternate action, they may do so at any time within which they 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 Mixed-Use Development Plan was not in substantial compliance. In the event the developer shall fail to take either of these alternate actions within said time, they shall be deemed to have abandoned the Mixed-Use Development Plan.
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, Council shall by official written communication either grant final approval of the Mixed-Use Development Plan or deny final approval. The grant or denial of final approval of the Mixed-Use Development Plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval.
Recording. A Mixed-Use Development Plan, or any part thereof, which has been given final approval shall be so certified without delay by Council and shall be filed of record forthwith 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 Mixed-Use Development Plan, the zoning and subdivision and land development regulations otherwise applicable to the land included in such plan shall cease to apply thereto. No modification of the provisions of said Mixed-Use Development Plan or part thereof, as finally approved, shall be made except with the consent of the Township.
Abandonment of plan. In the event that a Mixed-Use Development Plan 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 Council in writing; or, in the event that the developer shall fail to commence and carry out the Mixed-Use Development 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 Mixed-Use Development Plan until a new subdivision or development plan has received final approval from Council.
§ 455-14.8 Criteria for approval.
Criteria for approval. Mixed-Use Developments may be allowed or denied by Council after recommendation by the Planning Commission in accordance with the procedures set forth in this article.
Findings of fact. A Mixed-Use Development Plan for a MU development shall be approved if, and only if, it is found to meet the following criteria:
Comprehensive plan. The proposed Mixed-Use Development Plan is consistent with the community development objectives of this article and the Comprehensive Plan.
Comparable departure. Where the proposed Mixed-Use Development Plan 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.
Open space. 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.
Infrastructure. The physical design of the proposed Mixed-Use Development Plan adequately provides for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation, and visual enjoyment.
Neighborhood. The total environment of the proposed Mixed-Use Development Plan is harmonious and consistent with the neighborhood in which it is located, and that the long-term development of any unused portion of the land owned or controlled by the developer will be harmonious and consistent with the portion of the land proposed for approval.
Safety. No use or design feature in the proposed Mixed-Use Development 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 Mixed-Use Development Plan on traffic congestion on the roads, streets, and highways affected by the MU.
Timing. In the case of a Mixed-Use Development Plan which proposes development over a period of years, the Mixed-Use 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 article and as intended to protect the interests of the public and of the residents of the MU and the integrity of the Mixed-Use Development Plan.
Modifications.
Guarantee of improvements.
No Mixed-Use Development Plan shall be finally approved unless all public and private improvements required by this article have been installed in strict accordance with this article or a guarantee that the improvements will subsequently be installed by the developer, in the form of a bond, letter of credit or deposit of funds or securities in escrow which are acceptable to the Council and are in an amount equal to 110% of the estimated cost of all required improvements. The performance guarantee shall also ensure completion of amenities which include, but are not limited to, 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 article 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. A performance guarantee will not be required from the developer for improvements which have been mandated to be bonded separately by other review agencies, authorities or divisions of government.
Release of improvement bond. The Council shall promptly release the developer from any 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. Council may authorize partial release of the improvement bond after certification of proportionate completion of required improvements.
Developer's agreement. At the time of final approval, the developer shall sign a development agreement in accordance with the form and content required by Chapter 395, Subdivision and Land Development, the terms of the approval, and the terms hereof, which agreement will be prepared by the Township Solicitor. Such agreement shall be recorded to run with the deed to the subject property.