Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1286
Site Plan Approval
§ 1286.01 General Purposes.
[Ord. 2121, passed 11-9-1992]
New development has a substantial impact on the character of the area in which it is located. Some harmful effects of one land use upon another can be prevented through traditional zoning, subdivision controls, and housing and building codes. Other aspects of development are more subtle and less amenable to exacting rules-of-thumb promulgated without regard to specific development proposals. Among these are the general form of the land before and after development, the special relationships of the structures and open spaces to proximate land uses, and the appearance of buildings and open spaces as they contribute to an area as it is being developed. The site plan review process addresses these factors by promoting qualities in the environment which bring value to the community, protecting public and private investments in the community, raising the level of community expectations for the quality of its environment, and increasing the quality of development as it occurs in Penn Hills.
§ 1286.02 Review Procedures.
[Ord. 2121, passed 11-9-1992; Ord. 2420, passed 5-3-2004]
(a)
Aspects of Reviews. The Planning Commission, in examining applications for site plan approval, will primarily consider the terms and provisions of the Penn Hills Subdivision and Land Development Ordinance, as amended. Land developers are encouraged to consult with Municipal officials and become familiar with both ordinances. Additionally, the Commission shall consider the various aspects of design, with special emphasis on the following:
(1)
The written report and recommendation of the Department of Planning and Economic Development.
(3)
The landscape and the environment, to prevent the unnecessary destruction or blighting of the natural landscape or of the achieved man-made environment.
(4)
The relationship of structures and open spaces, to ascertain that the treatment of built-up and open spaces has been designed so that they relate harmoniously to the terrain and to existing buildings that have a visual relationship to proposed development.
(5)
Circulation, to determine that the proposal facilitates appropriate pedestrian access, servicing and parking, and when necessary, compliance with other regulations for the handicapped, the very young and the elderly.
(6)
Protection of neighbors, to protect neighboring owners and users by making sure that reasonable provision has been made for such matters as surface water drainage, sound and sight buffers, the preservation of views, light and air, and those aspects of design not adequately covered by other regulations, which may have substantial effects on neighboring land users.
(7)
Compliance with other regulations, to coordinate compliance with other Municipal ordinances which affect design, such as the sign and billboard control provisions of municipal code sections, and the provisions for underground utilities of municipal code sections.
(b)
Limitations of Review.
(1)
The Planning Commission shall not design or assist in the design of any buildings or projects submitted for approval, except on request of the proponent or his architect. The Planning Commission shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant.
(2)
Individual initiative and experimentation are to be encouraged.
(3)
In its endeavor to improve the quality of design, the Planning Commission shall keep consideration of cost in mind. However, consideration of cost shall not override the other objectives of this Zoning Code.
(4)
The Planning Commission is not to use design review intentionally or inadvertently to exclude housing for minority groups or housing for low and moderate-income persons.
(5)
The Planning Commission is not to use design review intentionally or inadvertently to prohibit or unduly restrict building types, materials, or methods to vary the specific allowances or prohibitions of the Municipality's zoning, subdivision, or other development controls.
(c)
(d)
Types of Development Included.
(1)
Except as provided hereafter, a site plan shall be required of all subdivisions and land development. Site plans shall be required for the conversion of residential structures to non-residential uses, for additions to existing non-residential and multifamily residential structures, and for changes in use of non-residential structures or land. Site plan applications shall also be required for significant changes to vehicle circulation patterns, revisions to highway occupancy permits and parking lot design.
(2)
A site plan shall not be required for single-family residential structures. A plot plan, however, must be submitted to a Code Enforcement Officer indicating the location of the structure and the driveway connection prior to the issuance of a building permit.
(e)
Exemptions. Whenever the Department of Planning and Economic Development finds that a proposal raises no substantial design problems, it is hereby authorized to approve an exemption. Such an exemption may be granted for minor additions to existing buildings which in the opinion of the Director have no negative impact on local traffic conditions or adjacent properties, are in compliance with other local development ordinances, and are otherwise in conformance with related performance standards. An exemption may also be approved for small free-standing accessory buildings and principal buildings. In approving such an exemption, the Director shall do so in writing and maintain a record explaining the basis for exemption. A short written summary detailing all approvals during the previous month shall be given to the Planning Commission each month.
The Director, in approving an exemption, may impose appropriate conditions including the imposition of appropriate performance standards, the construction of sidewalks, fire hydrants or other improvements, or other conditions deemed necessary.
§ 1286.03 Environmental Reports.
[Ord. 2121, passed 11-9-1992]
(a)
Requirements. If one or more of the following circumstances exist as part of the site plan application, the Department of Planning and Economic Development and/or the Planning Commission may determine that an Environmental Impact Statement will be required as part of the application:
(1)
Development in undermined areas with less than 100 feet of overburden, as designated by the United States Geological Survey.
(2)
Development or encroachment involving a natural stream or watercourse.
(3)
Development within a landslide-susceptibility area as designated by the United States Geological Survey.
(4)
Development disturbing slopes of 25% or greater as designated by the United States Geological Survey.
(5)
Development involving the removal of 10,000 square feet or more of woodland, as designated by the United States Geological Survey, or development involving the removal of natural vegetation of five acres or more in area.
(6)
Residential development of 100 or more housing units, commercial developments with 50,000 square feet or more of floor area.
(7)
Any industrial development.
(b)
Content. When required, the applicant shall submit a written report including the following:
(1)
A description of the project.
(2)
An assessment of the environmental impact of the proposed development, with particular attention paid to those items as outlined in Subsection (a) hereof.
(3)
A list of all licenses, permits and other approvals required by Municipal, County, or State law and the status of each. The approvals and permits should be required before final consideration of the site plan.
(4)
A list of steps proposed to minimize environmental damage to the site and region during construction and operation. The consideration of soil erosion, preservation of trees, protection of water courses, protection of air resources, and noise control are some factors to be considered.
(5)
Evidence that the environmental impact statement was prepared by a professional, competent in the field of concern, i.e., a soils engineer for excavation or soils problems, a geologist or geotechnical consultant for undermining and landsliding problems, etc.
§ 1286.04 Waiver of Environmental Report Requirement.
[Ord. 2121, passed 11-9-1992]
The Planning Commission may waive the requirement for an Environmental Impact Statement upon recommendation from the Department of Planning and Economic Development, and if an applicant requests said waiver in writing, and further, provided said development meets all the standards of this Zoning Code, will be served by both public water and sewer systems, does not involve the relocation, improvement or alteration of any streamway, and no portion of the site is located within a flood hazard or flood-prone area as designated by the Untied States Geological Survey.
§ 1286.05 Waiver of Other Requirements.
[Ord. 2121, passed 11-9-1992]
Provided the site plan application is in conformance with all other applicable Municipal ordinances, that the applicant has requested such in writing, and that the Department of Planning and Economic Development has made a recommendation, the Planning Commission may waive, alter, or reduce any requirement or standard of this Zoning Code under the following circumstances:
§ 1286.06 Request for Additional Information.
[Ord. 2121, passed 11-9-1992]
Whenever it is determined by the Department of Planning and Economic Development and/or the Planning Commission that additional information is needed in order to make a proper decision related to the site plan application, the applicant will be informed of such and the information must be provided at the applicant's expense before the application will be considered complete.
§ 1286.07 Additional Requirements.
[Ord. 2121, passed 11-9-1992]
Whenever unusual circumstances arise not normally considered by requirements and standards, the Planning Commission may impose conditions upon application approvals that are consistent with the purpose and objectives of this Zoning Code.
§ 1286.08 Submissions.
[Ord. 2121, passed 11-9-1992]
The applicant shall submit to the Department of Planning and Economic Development, with five copies:
(a)
A site plan or plans, drawn at a scale adequate to show clearly the following:
(1)
The dimensions, orientation and acreage of such lot or plot to be built upon or otherwise used.
(2)
Location and dimensions of present and proposed street and highway dedications.
(3)
Location of adjacent property lines and names of owners.
(4)
Location and dimensions of existing and proposed utilities and utility easements.
(5)
Indication of existing zoning.
(6)
Location of existing streams or watercourses and an indication of existing and proposed storm water drainage patterns.
(7)
The seal of a registered surveyor.
(8)
Layout of the entire project and its relation to surrounding properties and the existing buildings thereon.
(9)
All existing and proposed topography at two-foot intervals when the average site slope is less than 10%. When the average site slope is greater than 10%, contour intervals of five feet are required.
(10)
Location and design of proposed circulation system, both vehicular and pedestrian, including dimensions and specified materials.
(11)
The size, shape and location of existing and proposed construction.
(12)
The seal of a registered architect or landscape architect.
(b)
A landscape plan and/or plans drawn at a scale adequate to show clearly the following:
(1)
Location of existing natural features, including streams or watercourses, wooded areas, ground cover, any other important natural features, and individual trees of four-inch caliper, or greater.
(2)
Location of all proposed landscaping, including trees, shrubs, and ground cover, with an indication of types and sizes.
(3)
Indication of location and types of exterior lighting adequate to determine its character and to enable review of possible hazards and disturbances to the public and to adjacent properties.
(4)
Location, size and design of exterior signs and outdoor advertising.
(5)
Location of walls, fences, or railings and an indication of their height and materials of construction.
(6)
The seal of a registered architect or landscape architect.
All of the above shall, whenever possible, be presented on the standard twenty-four-inch by thirty-six inch sheet at a scale of not less than one inch equals 50 feet, nor greater than one inch equals 10 feet. Each sheet shall bear the signature of the applicant and an appropriate location for the signature of the Director of the Department of Planning and Economic Development and the Chairman of the Planning Commission. |
(c)
A completed application form as provided by the Department of Planning and Economic Development.
(d)
The appropriate fees payable to the Municipality of Penn Hills.
§ 1286.09 Fees; Stages of Inquiry; Time Limitations.
[Ord. 2121, passed 11-9-1992]
(a)
Fees. In order to offset the Municipal costs of advertising, posting, reviews, etc., applications for site plan approval must be accompanied by a fee as established by the Council. (See Chapter 208 of the Administration Code - the General Fee Schedule). Fees paid for preliminary site plan approval may be credited toward final site plan submissions, conditional use applications and subdivision applications, but not toward variances, amendments to this Zoning Code or other jurisdictions of the Zoning Hearing Board.
(b)
Stages of Inquiry.
(1)
Advisory Meeting. Prior to filing an application for site plan approval, the owner and/or a designated agent shall meet with the Department of Planning and Economic Development. Requirements of this Zoning Code, the relationship to the overall Comprehensive Plan, and other developments, either existing or proposed, and any unique features regarding the proposed development, should be determined in advance of formal application.
(2)
Preliminary Site Plan Approval. The applicant or applicant's agent is entitled to request preliminary site plan approval at any stage of design. The Planning Commission shall act on all matters that can reasonably be evaluated on the submission as they appear, and shall expressly reserve action on any aspects of development that cannot be assessed until later stages in the design process.
Those items that are once approved cannot be reopened at later sessions. The only topics to be treated at later stages for the same project are those that were impossible to resolve on the earlier submissions. The applicant may choose to bypass preliminary approval and apply directly for final site plan approval.
(3)
Final Site Plan Approval. The Planning Commission will conditionally approve, approve with minor conditions, or disapprove an application on the submissions described in Section 1286.08, their relationship to the standards and requirements as described in Chapter 1278, and the policies, purposes, and objectives of this Zoning Code.
(c)
Time Limitations.
(1)
The Department of Planning and Economic Development shall submit its recommendation and report to the Planning Commission within 30 days of any full and complete submission, and shall schedule a hearing before the Planning Commission within 40 days of any full and complete submission.
(2)
The Planning Commission will meet within 90 days of hearing on the submission.
(3)
If, upon 90 days after a full and complete submission has been filed, the Planning Commission has reached no decision, the proposal shall be treated as if approved.
(4)
Upon written notification of site plan approval, the applicant will have 12 months in which to apply for grading and building permits. If, after 12 months, these applications have not been submitted, the site plan approval shall be null and void.
§ 1286.10 Rights of Public to Attend Proceedings; Public Notice; Conflicts of Interest; Minor Changes After Approval; Appeals; Site Plan Conformance.
[Ord. 2121, passed 11-9-1992]
(a)
Rights of Public to Attend Proceedings. All meetings of the Planning Commission shall be open to the public and to the applicant and applicant's agent, and any person who has a legitimate interest in the outcome may testify before the Planning Commission.
(b)
Notice. Entitlement to, and method and time of notice under this Zoning Code, shall be determined by the Planning Department in consultation with the Municipal Attorney. Notice should be calculated to reach all interested members of the community in sufficient time to enable them to participate meaningfully in the Council proceedings, and at the same time avoid undue expense and delay to the developer. For this purpose, notice may be had by posting, through advertisements in newspapers of general circulation and readership, by postcards or any other means approved by the Planning Department and the Attorney.
Any person or organization desiring to be notified of any or all hearings held pursuant to a submission required by this Zoning Code, shall be entitled to notice by filing a request with the Planning Department and paying a fee reasonably calculated to meet the cost of such notice.
(c)
Conflicts of Interest. All members shall be entitled to vote, provided, however, no member shall participate in reviewing, or vote on any work of which he, or any partner or professional associate, is the author, or in which he, or they, have any direct or indirect financial interest.
(d)
Minor Changes After Approval. It is understood that from time to time certain minor changes will be necessary to alter approved site plans due to unforeseen circumstances which may arise during the construction period. These minor changes may be approved by the Planning Department in the same manner as exemptions, as prescribed in § 1286.02(e).
(e)
Appeals. All appeals are to be filed in accordance with the provisions set forth in the Pennsylvania Municipalities Planning Code, Act 170, 1988, as amended.
Whenever the Planning Commission shall approve a submission either wholly or with conditions, or whenever the Chairperson of the Planning Commission shall exempt a submission from review, any interested person or group of persons shall have the right to appeal and be heard before the Council.
The time for filing a notice of appeal with the Planning Department shall be 14 days after the Planning Commission renders the decision. Each filing shall be accompanied by a check or money order for $200 to cover the costs of appeal.
(f)
Site Plan Conformance. Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit, grading permit, zoning permit, or certificate of occupancy, as the case may be, shall be construed to be a violation of this Zoning Code and shall be grounds for revocation of any building, grading, or zoning permit, or certificate of occupancy. A written notice of revocation sent by certified mail by the Zoning Officer, requiring compliance with the conditions of site plan approval within a five-day period, shall effectively revoke said permit if compliance is not achieved within that time period.
(g)
Temporary Occupancy Permit. Situations may arise in which a building has been constructed and is safe and otherwise ready for occupancy, but does not meet all of the conditions of the approved site plan. These circumstances may result through no fault of the applicant, but are caused by snow, inclement weather, contracting problems, etc. In these instances, where landscaping, sidewalks or other site plan conditions cannot be completed but the building is ready for occupancy, the Zoning Officer may issue a temporary occupancy permit.
A written request for a temporary occupancy permit shall be submitted to the Zoning Officer by the applicant. The request shall explain the reasons for the applicant's inability to comply at that time with the site plan conditions and shall give an estimated date when full compliance will occur.
Within 10 days after receiving the request, the Zoning Officer shall either approve or deny the temporary occupancy permit. If the request is denied, Subsection (f) hereof shall apply.
If the request is approved, the Zoning Officer may issue a temporary occupancy permit for a period of time which shall not exceed 180 days. In granting approval, the Zoning Officer may require any of the following:
(1)
A bond to cover the cost of improvements necessary for site plan approval. The amount of the bond is to be determined by the Municipal Engineer or the Zoning Officer.
(2)
A cast amount to cover the cost of improvements given to the Municipality and held in escrow.
(3)
A copy of a contract between the applicant and contractor for the work to be performed.
Upon completion of the necessary improvements or at the expiration of the temporary occupancy permit, the applicant shall apply for a final occupancy permit. |
Failure to comply with the conditions of site plan approval by the expiration of the temporary occupancy permit constitutes a violation of this Zoning Code, and the enforcement penalties as stated in Section 1262.99(a) shall apply. |