To establish or encourage the continuation of the traditional commercial downtown that are pedestrian-oriented with connections to parks, a centrally located public or semipublic commons, square, plaza, park or prominent intersection of two or more major streets, commercial enterprises and civic and other public buildings and facilities for social activity, recreation and community functions;

To minimize traffic congestion and reduce the need for extensive road construction by reducing the number and length of automobile trips required to access everyday needs;

To provide the elderly and the young with independence of movement by locating daily activities within walking distance;

To foster the ability of citizens to come to know each other and to watch over their mutual security by providing public spaces such as streets, parks and squares and mixed use which maximizes the proximity to neighbors at almost all times of the day; and

To promote the provision of adequate housing and housing options to the current and expected range of residents;

To facilitate economic viability for small commercial establishments through shared parking, services, pedestrian access, and complementary businesses; and

To encourage preservation of open space, environmentally sensitive areas, and historic assets.

Unless expressly modified by provisions of this article, all Borough ordinances including but not limited to subdivision and land development, erosion and sedimentation, grading, street construction standards, and stormwater shall apply to subdivisions and land developments approved in accordance with this article and compliance with the aforesaid shall serve as a prerequisite or requirement of traditional neighborhood development approval.

Where conflicts occur between the standards of this article and the aforementioned Borough ordinances, the standards of this article, whether greater or lesser, shall prevail.

Where a finally approved traditional neighborhood development is recorded and properly filed with the Allegheny County Recorder of Deeds Office, all portions of the zoning ordinance and subdivision ordinance otherwise applicable to the land shall cease to apply thereto.

Where a TND involves construction of 20,000 square feet or more of space, calculated by the sum of the gross floor area of all commercial establishments and 1,200 square feet per dwelling unit proposed, open space shall be required as follows:

Common open space shall be maintained, through covenants, by an association comprised of landowners including condominium associations and homeowners associations which shall perpetually maintain the open space which may not be conveyed to a private third party.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the TND fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents of the TND setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Borough 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 set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the TND and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.

Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents or owner(s) of the TND, to be held by the Borough Council, at which hearing such organization or the residents of the TND shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough 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.

The decision of the Borough Council shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals by this act.

The cost of such maintenance by the Borough shall be assessed ratably against the properties within the TND that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Borough, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of Allegheny County, upon the properties affected by the lien within the TND.

Principal and accessory uses permitted within the base district and the following types of residential uses:

Where the base district is an R or residentially zoned district, the number of dwelling units permitted shall not exceed the minimum lot size relating to the type of dwelling unit(s) divided into the net site area. Where varied minimum lot sizes per dwelling unit type are required in the base district, the number of units by type of unit permitted in the TND shall be proportional to the respective minimum lot size or area required per such dwelling.

Where the base district is an R or residentially zoned district, uses authorized as conditional uses in said districts may be incorporated into the TND. Such uses, upon receiving requisite conditional use approval, may locate at the lesser front yard setback lines authorized in the TND.

Major TNDs shall be subject to the performance and dimensional standards of the CC Commercial Center Zoning District.

Streets.

Landscaping shall be in accordance with Article IX.

Parking: Parking may be provided in central lots serving establishments within one block of the lot. In such instances, maintenance of the lot shall be maintained by an association in accordance with the standards and remedies for failure to maintain the lot set forth in § 265-603. Use of the lot and number of spaces credited per establishment shall be determined at the time of tentative approval. Easements or fee simple ownership through an association shall be executed or established.

Sidewalks. Sidewalks should be installed in accordance with Borough construction standards. Sidewalks on blocks primarily serving nonresidential establishments shall promote pedestrian traffic between such establishments and from parking and common areas to the business district.

Modification of waiver of standards. The Borough Council may waive standards of this article or those otherwise applicable to the submitted TND including but not limited to street width, landscaping, and parking requirements, where the applicant shall demonstrate that the proposed modification better furthers the objectives of this article than the standards otherwise required.

Development or redevelopment in the CC Commercial Center District should, to the extent possible, meet the design guidelines prepared by the Pittsburgh History and Landmarks Foundation, attached as an appendix to this chapter.[1]

A legal description of the total tract proposed for development, including a statement of present and proposed ownership.

A written statement of the requested modifications to other ordinance provisions otherwise applicable.

A location map which clearly shows the location and area of the site proposed for development with relation to all lands, buildings and structures within 200 feet of its boundaries, the location and distance to existing streets and highways and the names of landowners of adjacent properties.

A development plan prepared at a scale no smaller than one inch equals 50 feet showing the following information:

A preliminary traffic report which details impact on onsite intersections and off-site intersections substantially impacted by the TND.

Application forms prepared by the Borough requiring information sufficient to review the application, provide findings of fact, and determine conformance to the provisions of this section.

Review and application fees required by Borough ordinance or resolution.

Preliminary elevations and architectural renderings of typical structures.

Preliminary reports demonstrating the general basis or nexus of general site design to grading, erosion, storm water, and street construction ordinance standards.

In the case of development plans that call for development over a period of years, a schedule for phasing the development shall be provided. This phasing schedule shall be reviewed annually with the Planning Commission on the anniversary of tentative approval or as each phase is completed, whichever occurs first.

The Zoning Officer shall review an application for tentative approval within one week of delivery and shall notify the applicant of any deficiencies of certify the applicant as complete. Submissions of deficient items shall be reviewed in the same manner. The Zoning Officer shall, when all application materials are submitted, certify the application as complete. The date on which completion is certified shall constitute the official filing date.

The Planning Commission shall review the application at the next regular meeting scheduled 21 days or later from the official filing date.

The Planning Commission shall hold a public hearing on the matter pursuant to public notice within 60 days of the official filing date. The commission or governing body may hold subsequent hearings provided that all hearings are concluded within 60 days of the initial hearing.

Decision. Within 60 days following the conclusion of the public hearings, the Borough Manager shall, by official written communication, either grant tentative approval of the development plan, as submitted; grant tentative approval of the development plan, subject to specified conditions not included in the development plan as submitted; or deny tentative approval. Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Borough, notify the Borough of his refusal to accept all said conditions, in which case, the Borough shall be deemed to have denied tentative approval of the development plan. In the event that the landowner does not, within said period, notify the Borough of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted. The decision will be filed with the Secretary of the Borough and the applicant. The decision shall include an approved schedule of final plan application filing which shall not be less than three months from the tentative approval date.

In those respects in which the development plan is or is not consistent with the plans for the development of the Borough;

The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;

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

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established;

In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan; and

The mixture of uses and housing choices and commercial establishments and their ability or inability to meet current and anticipated needs of present and future residents and patrons.

Adherence to all specific performance standards and requirements of this article or lack thereof.

All final reports demonstrating compliance with local erosion and sedimentation, grading, and storm water ordinances in forms required by the Borough Engineer and the respective ordinances.

A plan showing existing and proposed contours at intervals of five feet; watercourses; floodplains; wetlands; woodlands; soils; steep slopes, delineating and labeling 25% through 40% slopes and greater than 40% slopes; and other natural features.

A plat, in conformance with that required by the local subdivision ordinance showing or denoting all approved setbacks.

Plans showing the platted lines along with building footprints and number of stories and gross square footage related thereto. Said plans shall show all easements and designations of residential and commercial areas. Single-family homes may show a building envelope or area with a typical square footage or building footprint anticipated.

All covenants required to demonstrate initial and ongoing compliance with the provisions of this article. Such covenants shall include but not be limited to the preservation of woodlands, usage of open space, preservation of natural features, maintenance of buffer areas, signage and lighting, etc.

Documents establishing a home- or landowners' association and detailing the maintenance of common open space. Said documents may include condominium declaration statements and related covenants.

A general plan of signage and lighting, including styles, materials, and colors utilized.

Street cross-sections and construction drawings demonstrating compliance with municipal standards or approved modifications.

Further reports including geotechnical reports where required to demonstrate safe and stable construction of principal dwellings, streets, access drives, and parking.

A narrative detailing any modifications from tentative approval.

Finalized phase specific traffic study indicating level of service for all intersections.

Deeds dedicating public land, where required through tentative approval.

Estimates for public improvements and amenities for which bonds are required by the local subdivision ordinance.

Final landscaping and parking plans including tables demonstrating compliance with the provisions of this article in terms of number and percentage provided.

The Zoning Officer shall review an application for final approval within one week of delivery and shall notify the applicant of any deficiencies of certify the applicant as complete. Submissions of deficient items shall be reviewed in the same manner. The Zoning Officer shall, when all application materials are submitted, certify the application as complete. The date on which completion is certified shall constitute the official filing date.

Variation from original plan. In the event that the development plan submitted contains variations from the development plan granted tentative approval, the Borough may refuse to grant final approval and may, within 45 days of the official filing date of the application for final approval, advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one or more of the variations are not in the public interest. In the event of such refusal, the landowner may either refile the application for final approval without the variations objected; or file a written request with the Borough Council that it hold a public hearing on the application for final approval. If the landowner wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days, if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. If the landowner fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.

In the event the application for final approval has been officially filed, together with all drawings, specifications and other documents in support thereof, and as required by this article and the official written communication of tentative approval, the Borough shall, within 45 days from the date of the regular meeting of the local planning commission, whichever first reviews the application, next following the date the application is filed, grant such development plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the official filing date.

The developer shall post financial security and shall execute a developer's agreement as required by the local subdivision ordinance prior to recording of the final plat. The plat shall be recorded within 90 days of final plan approval. The developer's agreement shall at a minimum, in addition to that required by the local subdivision ordinance, cite those provisions of the notice of tentative approval applicable to the respective phase, include a timeline for development proposed by the developer but not to exceed five years, reference construction inspections and responsibilities, reference the installation of landscaping and private amenities, and address the recordation of homeowners' association documents and covenants.

The developer shall be afforded the five-year timeline to commence and complete development as noted in § 508 of the Pennsylvania Municipalities Planning Code, as amended, and otherwise applicable to subdivisions and land developments. Where the developer notifies the Borough that he has abandoned the plan or the aforesaid timeline cited in § 508 expires, the plan shall be deemed abandoned and no further development or permits for such development shall take place. The Borough shall amend its ordinance to reclassify the property to a zoning district.

An applicant for permits which do not conform strictly to the approved plan may request a modification to the plan by providing all reports and plans required by final approval which are proposed to be modified. A statement concerning consistency with the comprehensive plan and community development objectives shall be submitted along with any required fees and forms provided by the Borough. Upon acceptance, the application shall be afforded the timelines and process provided for final TND approval. The Borough, however, shall hold a public hearing pursuant to public notice prior to voting on the application.

Modification approval shall be provided in a manner that meets all requirements and standards of this article.

Findings regarding approval shall consider the following: