[Added 3-16-2016 by Ord.
No. 3-2016]
The purpose of this district is to:
A.
Provide for a more varied, innovative, and efficient development
pattern consistent with traditional patterns and scale of development,
a mix of uses, and designs that occurred prior to newer suburban development
patterns.
B.
Encourage a balance between neighborhood form and function.
C.
Promote a mix of diverse but compatible types of neighborhood development.
D.
Avoid development that could cause inefficient patterns of development.
E.
Encourage a blend housing at a moderate density to serve various
age groups and types of housing.
F.
Provide for safe and convenient pedestrian, bicycle and vehicle circulation.
G.
Provide walkable development patterns and shift the focus from motor
vehicles to pedestrians and bicycles.
H.
Encourage persons to work, shop, and recreate in and around the neighborhood
within which they live.
I.
Encourage the creation of a sense of place and a community spirit
that promotes social interaction.
J.
Provide an efficient use of land, resulting in smaller networks of
utilities and streets and lower housing and infrastructure maintenance
costs.
A.
The standards, provisions, regulations and requirements of this article
shall supersede all standards, requirements, regulations and provisions
of the Township Code, including the Township Subdivision and Land
Development Ordinance,[1] that are in conflict with the standards, requirements
and provisions set forth in this article. Except for the Zoning Ordinance,
to the extent that a standard, provision, regulation and requirement
is not specifically referenced in or regulated by this article, then
the applicable chapter of the Township Code shall govern.
B.
Clear sight triangles shall only be required at intersections which
do not have stop control devices. At intersections with stop control
devices, applicants shall be required to calculate and provide adequate
minimum safe sight distances in accordance with this article.
The neighborhood design development site shall be served by
public water and public sewer.
In the ND Neighborhood Design District, neighborhood design
developments are permitted by right. The following uses are only permitted
by right when established as part of and within an approved neighborhood
design development:
A.
Permitted uses.
(1)
Principal uses.
(b)
Nonresidential uses. Except as noted below, the following uses
shall only be permitted within one or more core areas of a neighborhood
design development as depicted on the preliminary plan for the entire
neighborhood design development:
[1]
Agricultural sales, subject to § 240-95A(48).
[2]
Apartment in combination with business or nonresidential use, subject to § 240-95A(3).
[3]
Bar or tavern.
[4]
Bed-and-breakfast, subject to § 240-95A(4), excluding § 240-95A(4)(b).
[5]
Business or professional office.
[6]
Business services.
[7]
Contracting business.
[9]
Educational studio.
[10]
Financial institution.
[11]
Firehouse, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[12]
Hotel.
[13]
Incidental mineral removal, subject to § 240-95A(28), but excluding § 240-95A(28)(d) and (e). This use shall also be permitted outside of a core area.
[14]
Medical office; medical clinic.
[16]
Personal services.
[17]
Pet services.
[18]
Place of assembly. This use shall also be permitted
outside of a core area, provided the use is depicted in an area designated
as reserved common open space on a preliminary plan for the entire
neighborhood design development, owned and operated by a homeowners'
or condominium association, and primarily intended for use by the
neighborhood design development residents and their guests.
[21]
Public building, other than Township-related facilities, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[22]
Public parking lot; public parking garage, subject to § 240-95A(33), but excluding § 240-95A(33)(a).
[23]
Recreation:
[a]
Public, subject to § 240-95A(38), but excluding § 240-95A(38)(c). This use shall also be permitted outside of a core area, provided the use is depicted in an area designated as reserved common open space on a preliminary plan for the entire neighborhood design development, owned and operated by a homeowners' or condominium association, and primarily intended for use by the neighborhood design development residents and their guests.
[b]
Commercial, subject to § 240-95A(10), but excluding § 240-95A(10)(b).
[c]
Noncommercial, subject to § 240-95A(38), but excluding § 240-95A(38)(c). This use shall also be permitted outside of a core area, provided the use is depicted in an area designated as reserved common open space on a preliminary plan for the entire neighborhood design development, owned and operated by a homeowners' or condominium association, and primarily intended for use by the neighborhood design development residents and their guests.
[24]
Repair shop.
[25]
Reserved common open space. This use shall also
be permitted outside of a core area.
[26]
Restaurant (carry-out, fast-food or sit-down).
[27]
Retail store.
[28]
Retirement community, subject to § 240-95A(40), but excluding § 240-95A(40)(b).
[29]
School:
[a]
Public, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[b]
Private, subject to § 240-95A(9), but excluding § 240-95A(9)(d).
[c]
Commercial.
[30]
Temporary use or structure, other than a construction trailer, model home, or sales office, subject to § 240-95A(42).
[31]
Township-related facility. This use shall also
be permitted outside of a core area.
[32]
Water tower; water storage facility.
[33]
Comparable uses not specifically listed, subject to § 240-95A(13) and § 240-76.25, except where "Zoning Hearing Board" is referenced, it shall mean the "Board of Commissioners."
(c)
Mixed uses. Mixed uses, consisting of combinations of residential
and nonresidential uses permitted in the ND Neighborhood Design District
shall be permitted to occupy the same building or lot, provided the
applicable requirements of this article are met. Uses shall be permitted
to be mixed both on the horizontal and vertical plane.
(d)
Multiple uses. More than one principal use or structure shall
be permitted to occupy the same lot, provided the applicable requirements
of this article are met.
(2)
Accessory uses.
(d)
Other accessory uses customarily incidental to and on the same
lot with any permitted use authorized in this district.
(h)
Keeping of domestic pets.
(j)
Communication antenna mounted on an existing building or existing public utility storage or transmission structure, subject to § 240-95A(12).
(k)
Temporary construction trailer, model home or sales office, subject to § 240-95A(49).
(l)
Home occupation, subject to § 240-95A(21).
(m)
Family day-care home, subject to § 240-95A(17).
(o)
Administrative offices.
(p)
Retail sales of products produced on site.
In the ND Neighborhood Design District, all uses shall be subject to the following regulations. The area and bulk regulations provided in this section shall supersede all area and bulk regulations for specific uses provided in § 240-95 or elsewhere in the chapter that are in conflict with the area and bulk regulations set forth in this section.
A.
Overall neighborhood design development site area standards.
(1)
Minimum overall area of neighborhood design development site:
50 contiguous acres.
(2)
Maximum lot coverage: 70% of overall neighborhood design development
site area included as part of a neighborhood design development site
under this article.
(3)
Minimum reserved common open space: 25% of overall neighborhood
design development site area included as part of a neighborhood design
development site under this article.
(4)
Required mix of residential uses. The neighborhood design development
site must include a minimum of three different categories of permitted
dwelling types (i.e., single-family dwelling and two-family dwelling;
triplex, fourplex and townhouse; and multifamily dwelling). No one
permitted dwelling type shall be less than 15% nor more than 50% of
the total number of permitted dwelling units.
(5)
Maximum dwelling unit density per gross acre of overall neighborhood
design development site area included as part of a neighborhood design
development site under this article: 8.5.
(6)
Minimum nonresidential development of overall neighborhood design
development site. There shall be a minimum of 50,000 square feet of
nonresidential building gross floor area within the neighborhood design
development site, devoted entirely to commercial use. A minimum of
25,000 square feet of nonresidential building gross floor area shall
be included on the final plan for the initial phase of the neighborhood
design development. The initial 25,000 square feet of nonresidential
building gross floor area must be constructed within three years of
the recording date of the final plan for the initial phase of the
neighborhood design development or prior to approval of the final
plan for the phase immediately following the initial phase, whichever
occurs earlier. 50,000 square feet of nonresidential building gross
floor area shall be constructed before completion of construction
of not more than 75% of the total approved dwelling units as depicted
on the preliminary plan for the entire neighborhood design development.
B.
Minimum lot area.
(1)
Single-family dwelling and two-family dwelling: 4,000 square
feet per dwelling unit.
(2)
Triplex, fourplex and townhouse: 1,400 square feet per dwelling
unit.
(3)
Multifamily dwelling, mixed-use (residential and nonresidential)
building and nonresidential principal uses: There shall be no minimum
lot area. Lot area shall be based on required yards, parking, building
separations, environmental limitations and other applicable criteria.
C.
Minimum lot frontage (on a public or private street, including alleys,
or on an open space area located between and adjoining both such lot
and a street or alley, provided the lot adjoins and has access to
at least one street or alley).
E.
Minimum front yard.
(1)
Single-family dwelling, two-family dwelling, triplex, fourplex
and townhouse structure: five feet.
(a)
Single-family dwelling units fronting on a public street. For
single-family dwelling units with frontage on a public street, the
buildings shall be set back a minimum of nine feet from the edge of
the cartway.
(2)
Multifamily dwelling, mixed-use (residential and nonresidential)
structure and all other principal structures: 10 feet.
(3)
Accessory structures: The regulations of § 240-76.20H shall apply.
F.
Minimum rear yard.
(1)
Single-family dwelling, two-family dwelling, triplex, fourplex
and townhouse structure: 20 feet, or five feet if the building is
served by rear alley access.
(2)
Multifamily dwelling, mixed-use (residential and nonresidential)
structure and all other principal structures: five feet.
(3)
Accessory structures: The regulations of § 240-76.20H shall apply.
G.
Minimum side yard:
H.
Yard requirements for accessory structures. Except as provided below, the regulations of § 240-99 shall apply.
(1)
Except as provided below, all accessory structures shall be
set back a minimum of five feet from the rear and side property lines
and shall not be located in the front yard.
(a)
Fences and walls.
[1]
Fences and walls no greater than four feet in height
shall be permitted in the required front yard, provided they are located
at least one foot off the property line.
[2]
The minimum required openings set forth in § 240-99C(3)(c) shall not apply.
[3]
Fences and walls no greater than six feet in height
shall be permitted in the required side or rear yard, provided they
are located at least one foot off the property lines.
I.
Attached townhouse units. Individual townhouse buildings shall be
permitted to contain not more than eight attached dwelling units.
J.
Building separation. Unless buildings are attached, the minimum separation
between multifamily dwellings, mixed-use (residential and nonresidential)
buildings and nonresidential principal buildings on the same lot,
excluding accessory structures, at any point shall not be less than
10 feet, unless a lesser distance is permitted by the Township Building
Code.
K.
Permitted projection into required yards. The following shall be
permitted to project into any required yard:
(1)
An unenclosed porch, deck or patio shall be permitted to intrude
into a required yard a maximum of 50% of the required yard, provided
there shall be a minimum setback of five feet.
L.
Maximum height.
M.
Building materials. The exterior finishes of all principal residential
and nonresidential buildings and private garages (but excluding the
roof, trim around windows and doors, flashing, minor architectural
features and ornamentation and the like) shall be constructed out
of brick, cultured stone, stucco (when used as an accent to other
approved building materials), cementitious siding or combination of
the foregoing, or as otherwise approved by the Township Manager or
designee. All principal residential and nonresidential buildings and
private garages shall have brick or cultured stone to grade construction,
being that no portion of the building between the ground and any bottom
of the first floor shall show exposed concrete block. No vinyl or
aluminum siding shall be permitted on principal residential and nonresidential
buildings and private garages. All buildings shall be constructed
in accordance with the Township Building Code.
Except as provided below, the regulations of Article XVII shall apply.
A.
Off-street parking.
(1)
Access.
(a)
The number of access drives from a single lot or development
to any public or private street, excluding alleys, shall not exceed
two for every 100 feet of street frontage. This excludes individual
driveways for single-family dwellings, two-family dwellings, triplexes,
fourplexes and townhouses, which shall be limited to only one driveway
per dwelling unit.
(b)
Access drives shall be located at least 50 feet from the intersection
of any two street right-of-way lines.
(c)
Where a site has frontage on more than one street, access shall
be provided from the street with the lower traffic volume, if physically
practical. This excludes individual driveways for residential uses.
(2)
Location of parking areas.
(a)
Except for single-family dwellings or where on-street parking
is permitted, required parking spaces shall not be required to be
located on the same lot with the principal use.
(b)
All parking areas containing more than five parking spaces shall
be located at least five feet from any adjoining residential lot.
(3)
Off-street parking requirements.
(a)
Residential uses.
[1]
Minimum parking spaces required for triplex, fourplex
and townhouse: two parking spaces per dwelling unit.
(b)
Nonresidential uses. Except as provided below, the regulations of § 240-112 shall apply to the minimum parking spaces required for nonresidential uses.
(c)
Mixed uses. The required off-street parking shall be equal to
no less than the sum of the off-street parking required for each of
the mixed uses.
(4)
On-street parking. Notwithstanding any other Township standard,
provision, regulation or requirement, on-street parking shall be permitted
along all streets except as prohibited under Pennsylvania Motor Vehicle
Code. Required off-street parking spaces shall be permitted to be
satisfied through on-street parking spaces located within 600 feet
of the entrance to a building or use that is regularly used by patrons
and/or occupants. The on-street parking spaces shall be directly accessible
by pedestrians using sidewalks or other designated pedestrian pathways.
B.
Off-street loading.
(1)
Location. Loading berths shall be permitted to be located in
alleys. Loading berths shall be located at least 25 feet from the
nearest point of intersection of any two streets, excluding alleys.
(2)
Screening. For purposes of determining compliance with the screening regulations in § 240-113A(4), screening shall not be required to separate nonresidential uses from residential uses located in the same mixed-use building.
Except as provided below, the regulations of Article XVIII shall apply.
A.
Signs authorized in all zoning districts. Except as provided below, signs in the neighborhood design development site shall comply with the sign regulations in § 240-117.
C.
Other permitted signs.
(1)
MAJOR DEVELOPMENT/PROJECT-WELCOME SIGN
(a)
(b)
(c)
(d)
(e)
(f)
Definition. As used in this section, the following terms shall
have the meanings indicated:
A large, freestanding sign erected during the period of construction
and/or development of a property by the contractor/developer or their
agent. Upon completion of the time frame listed in this article and
removal of the "major development" message/content, the sign shall
be permitted to contain the development name, logo and could also
contain the phrase "Welcome to" or similar project message, and shall
be permitted to include advertising for on-premises businesses. Such
signs shall be permitted on the neighborhood design development site,
provided that:
This sign shall be permanent, except that the "major development"
message/content shall be removed within 30 days of the sale or rental
of the last lot/space or completion of the proposed construction in
the development.
The surface area of any one sign shall not exceed 150 square
feet and the height shall not exceed 20 feet.
The signs shall be permitted to be double sided.
The sign shall be permitted to be illuminated or nonilluminated.
There shall be no more than two major development/project-welcome
signs per neighborhood design development.
The minimum lateral distance between major development/project-welcome
signs shall be 1,000 feet.
A.
General standards for reserved common open space designation.
(1)
RESERVED COMMON OPEN SPACE
Definition. As used in this section, the following terms shall
have the meanings indicated:
A lot or portion thereof that is located within, adjacent
to, or across a public street from a neighborhood design development
site and is reserved for the use and enjoyment of the residents of
a neighborhood design development site and/or the general public,
including floodplains and stormwater management basins, but not including
streets and off-street parking areas.
(2)
The location and layout of the reserved common open space shall
be designed and configured so as to serve residents of the neighborhood
design development site and/or the general public and achieve at least
one of the following objectives, and the applicant shall demonstrate
those specific measures employed to achieve these objectives:
(a)
Protection of important natural resources (e.g., streams, ponds,
wetlands, steep slopes, woodlands, unique geologic features, wildlife
habitats, aquifer recharge areas, etc.);
(b)
Protection of important historical and/or archaeological sites;
(c)
Provision of usable areas that are conveniently accessible to
residents within the neighborhood design development site and/or the
general public;
(d)
Integration of greenbelts and trails throughout the neighborhood
design development site that link residences with on-site or adjoining
parks, schools, or other similar features;
(e)
The dedication of reserved common open space at a site deemed
appropriate by the Board of Commissioners and that involves land that
is clearly suitable for active and/or passive recreation; and
(f)
The provision of reserved common open space in a location that
will allow homes to be buffered from nuisance-generating uses, such
as a heavily traveled street or industrial uses. In such case, intensive
landscaping and/or planting for eventual reforestation shall be provided.
(3)
Areas devoted to stormwater management facilities shall be permitted
to be included within the minimum required reserved common open space
area where such facilities are integrally incorporated into the overall
open space design using best management practices to:
B.
Standards for ownership of reserved common open space. Reserved common open space shall be reserved for open space or passive or active recreational use by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the Office of the Recorder of Deeds of Allegheny County. Subject to such permanent restrictions, reserved common open space land in any neighborhood design development site shall be permitted to be owned by a homeowners' or condominium association, the Township, a land trust or other conservation organization recognized by the Township, or by a similar entity, shall be permitted to remain in private ownership, or any combination thereof, in accordance with § 240-90B.
A.
Streets. See Appendix 1,[1] but also the additional design standards as follows:
(1)
Frontage required. Frontage on a public street is not required, but each lot shall have frontage in accordance with § 240-76.20C.
(2)
Private alleys.
(a)
Alleys, as defined by Chapter 215, the Township Subdivision and Land Development Ordinance, shall be permitted in neighborhood design development sites.
(b)
Alleys shall be constructed in accordance with Township construction
standards and shall meet the minimum design standards shown in Appendix
1 for local streets.
(3)
Layout. Intersections of four streets at one point shall be
permitted.
(4)
Right-of-way and paving widths. Minimum widths of rights-of-way
and minimum widths of paving shall be provided in accordance with
the requirements specified in Appendix 1 for permitted street types/sections
of streets and alleys.
(5)
Block pattern. Street rights-of-way shall be permitted with
ten-foot minimum paved radii.
(6)
Visibility, minimum safe sight distance.
(a)
At all proposed driveways and intersections, minimum acceptable
sight distance shall be provided for all permitted turning movements.
(b)
The minimum acceptable sight distance values shall be calculated
and provided in accordance with the Figures SF-4, SF-5 and SF-6 of
the Township Construction Standards and Appurtenances, last amended
April 7, 2010. Adequate minimum safe sight distance shall be measured
from the edge of the main traveled portion of any highway (i.e., edge
of travel lane or travel way), exclusive of shoulder, auxiliary lane,
and on-street parking lane, as opposed to edge of pavement.
(7)
Roadway design.
(a)
Horizontal alignment.
[1]
Horizontal radius. Minimum center line radius:
100 feet.
[2]
Reverse curve. Reverse curbs shall be permitted
with minimum ten-foot tangent.
[3]
Emergency access. Suitable access for emergency
vehicles shall be provided within all neighborhood design development
sites, including adequate clear width and height, and including access
to reach all principal buildings.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
B.
Curbs.
(1)
Curbs shall not be required along collector streets, as defined
by this chapter.
(2)
In addition to the other permitted materials, curbs shall be
permitted to be constructed of Belgian block or granite segments,
in accordance with Appendix 2.[2] Repair and replacement of Belgian block or granite curbing
shall be the responsibility of the owner of the property abutting
such curbing and/or a homeowners' or condominium association.
[2]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
C.
Sidewalks. In lieu of providing a sidewalk along the frontage of
a collector street, as defined by this chapter, a minimum eight-foot-wide
sidewalk or eight-foot-wide trail, paved to Township standards, shall
be permitted to be constructed elsewhere on the property, at a location
mutually agreed to by the Township and the applicant, and within an
easement or other right-of-way granted by the applicant, provided
that such alternative trail or sidewalk is open to the public and
creates a continuous pedestrian pathway connecting either end of the
property at points along or near such collector street. Notwithstanding
the foregoing, neither the sidewalk along the collector street nor
such alternative trail or sidewalk shall be required to extend or
cross over railroads, streams, floodplains, steep slopes or other
natural features that would require the construction or widening of
a bridge or culvert.
D.
Fees in lieu of dedication of land for recreation.
(1)
In neighborhood design developments, payment of fees in lieu of dedication of land, calculated based on the number of dwelling units, shall be permitted in lieu of dedication or provision of recreation land required under § 215-70 of the Township Subdivision and Land Development Ordinance. The fee attributable to each dwelling unit (including apartment units) shall be paid upon approval of each phase of development and in conjunction with issuance of the first building permit for that phase.
E.
Lot frontage. Frontage on a public street right-of-way is not required, but all lots created by a subdivision shall have frontage in accordance with § 240-76.20C.
F.
Stormwater management facilities.
(1)
Basins.
(a)
Slopes of open stormwater detention basins shall have slopes
of three horizontal to one vertical; slopes greater than 3:1 shall
be permitted if accompanied by a geotechnical engineering report to
providing recommendations of the same. Walls may be permitted to transition
grades where necessary as long as fencing of the basin is provided
where walls exceed four feet in height.
(b)
Subsurface stormwater basins. Subsurface stormwater basins shall
be permitted stormwater management facilities.
G.
Sewer and water dedication. Sewer and water dedications shall not
be a prerequisite to issuance of building permits. Final release of
the public improvement bond may be held as assurance of dedication.
The Board of Commissioners may approve the modification of the
provisions of this article, and any provision of the Zoning Ordinance
that is referenced in this article, in order to encourage innovation
and provide flexibility in the design of neighborhood design sites.
Any approved modification of the requirements of this article shall
be subject to the following standards.
A.
The modification is consistent with the purpose and intent of this
article.
B.
The modification will not result in any danger to the public health
or welfare or in adverse impact to adjoining properties or future
inhabitants of the neighborhood design development site.
C.
The modification will not result in an increase in residential densities
permitted for the neighborhood design development site area.
D.
The modification will allow for equal or better results and represent
the minimum amount of relief necessary.
