[Ord. 2017-03, 5/8/2017]
This chapter shall be known as the "Township of Leet Planned
Residential Developments Ordinance."
[Ord. 2017-03, 5/8/2017]
1.
In order to encourage innovations in residential development, to
better meet modern housing demands, to create variety in the type,
design and arrangement of housing units, to conserve and permit economies
in providing public services, to reflect changes in the technology
in land development, and to relate the development of land to the
specific site, a planned residential development (PRD) may be approved
under the provisions of this Part if, and only if, it accomplishes
the foregoing purposes and it complies with all other ordinances and
regulations of the Township or the county or state not inconsistent
herewith, except as to procedure, and with the following standards
and provisions.
[Ord. 2017-03, 5/8/2017]
1.
Application for Tentative Approval.
A.
The application for tentative approval shall include a preliminary
development plan and other information as may be required by this
Part. The application shall be submitted to the Township with no fewer
than seven copies, six to the Township and one to the Township Engineer,
of the plans, traffic studies, environmental impact statements (EIS),
stormwater drainage calculations and any other special studies associated
with the development plan and shall be accompanied by the escrow deposit
as determined by the Township Board of Commissioners.
B.
The Planning Commission shall be the responsible review agency for
the Township Board of Commissioners. However, all applications for
approval (both tentative and final) will be acted on by the Township
Board of Commissioners.
2.
Preapplication Conferences. Each applicant should confer with the
Zoning Officer and Township Engineer in connection with the preparation
of the PRD application and prior to the submission of such application.
The purpose of preapplication conferences is to benefit the applicant
by providing information and guidance before the applicant shall have
entered into binding commitments or incurred any substantial expense
in the preparation of plans, surveys, and other data.
3.
Development Plan. The preliminary development plan shall be an overall
plan for the entire tract proposed for development, in the form of
maps and written development narrative, setting forth the unique design
features and methods of open space preservation, and shall include:
A.
A vicinity map with a North arrow and a graphic scale of one inch
equals 2,000 feet, showing enough of the surrounding area to demonstrate
the relationship of the development to adjoining uses, is required;
B.
The location, size and topography of the site and other pertinent
natural features, such as tree cover, existing gas, oil, and water
wells, landslide-prone areas, red clay soils and any type of mining
activities;
C.
The overall and net density of land use to be allocated to the specific
areas of the tract to be developed must be illustrated and noted on
the plan's zoning schedule;
D.
The location and size of the open space and the form of organization
proposed to own and maintain the open space;
E.
The use and approximate height, bulk, and location of buildings and
other structures must be illustrated and noted on the plan's
zoning schedule;
F.
The feasibility of proposals for the disposal of sanitary waste and
stormwater and the approval of the servicing municipal authority must
be illustrated and noted on the plan's zoning schedule;
G.
The substance of covenants, easements, or other restrictions proposed
to be imposed upon the use of land, buildings, and structures, including
proposed easements or rights-of-way for public utilities;
H.
The provisions for the parking of vehicles and the location and the
width of proposed streets, alleys, and public ways must be illustrated
and noted on the plan's zoning schedule;
I.
The required modifications of land use regulations otherwise applicable
to the subject property;
J.
In the case of a development plan that calls for development over
a period of years, a schedule showing the proposed phases within which
each application for final approval of all sections of the PRD are
intended to be filed. This schedule must be updated annually, on the
anniversary of its approval, until the project is complete and accepted
by the Board of Commissioners; and
K.
The application for tentative approval of a PRD shall include a written
statement by the landowner setting forth the reasons why, in his opinion,
a PRD would be in the public interest and would be consistent with
the Township Comprehensive Plan for its overall land use development.
4.
Review of Application for Tentative Approval.
A.
The Township Board of Commissioners or its designated assignee shall
forward copies of the application for tentative approval to the Township's
Planning Commission, its selected professional consultants, as deemed
appropriate, and the Township Engineer. The applicant shall forward
a complete set of plans to the Allegheny County Department of Economic
Development.
B.
The Township Board of Commissioners shall not approve the application
for tentative approval until the reports from each of the reviewers
and review agencies have been received or until the expiration of
30 days from the date said reviewers and review agencies received
the copies of the application for tentative approval.
5.
Public Hearing. The Township Board of Commissioners shall hold a
public hearing following required public notice, within 60 days of
the filing of a complete application for tentative approval.
6.
Criteria for Tentative Approval. The Township Board of Commissioners
may grant tentative approval to a proposed development plan when it
is found to meet the following criteria:
A.
The proposed PRD complies with all applicable community development
objectives of this Part.
B.
Where the proposed PRD provides standards varying from those in this
Part and the subdivision regulations otherwise applicable to the subject
property, a statement that such departure shall be in the public interest
and will promote the health, safety, and general welfare of the public.
C.
The proposal and methods for the maintenance and conversion of any
proposed common open space are reliable, and the amount and extent
of improvements of the remaining land are appropriate with respect
to the purpose, use, and type of residential development proposed.
D.
The physical design of the proposed development plan adequately provides
for internal traffic circulation, and parking, light, air, recreation,
and conservation of natural amenities, greenways, and open spaces.
E.
The tract of the PRD is harmonious and consistent with the neighborhood
in which it is located. The flexibility of design innovation and unique
treatment of the site is consistent with the purpose of the zoning
district and adjacent land uses.
F.
The proposed PRD will afford a greater degree of protection of natural resources, such as slide-prone areas, watercourses, riparian buffers, flood-prone areas and floodplains, dense vegetative cover, and trees having calipers of eight inches measured three feet or higher above the ground, than if the property in question were developed in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].
G.
In the case of a PRD that proposes development over a period of years,
the phased development schedule is sufficient to protect the interests
of the public and of the residents of the PRD.
7.
Grant or Denial of Tentative Approval. The Township Board of Commissioners
shall render its decision no later than 60 days after the conclusion
of the public hearing or 180 days of the filing of the application,
whichever occurs first.
A.
The decision of the Township Board of Commissioners shall be in writing
and sent to the landowner personally or delivered by mail to the applicant
at the last known address no later than five days following the decision.
C.
The grant or denial of tentative approval shall include findings
of fact related to the proposed development plan as submitted for
approval, and the reasons for the decision of denial shall set forth
exactly what particular circumstances of the development plan would
or would not be in the best interests of the public, including, but
not limited to, each of the criteria listed in this Part.
D.
In the event that the development plan is granted tentative approval
with or without conditions, the Township Board of Commissioners may
set forth in the official written communication the time within which
the application for final approval of the development plan shall be
filed or, in the case of a development plan which provides for development
over a period of years, the periods of time within which applications
for final approval of each phase thereof shall be filed. Except upon
consent of the landowner, the time so established between the grant
of tentative approval and an application for final approval shall
not be less than three months; and in the case of a development planned
over a period of years, the time between applications for final approval
of each part or phase of the plan shall not be less than 12 months.
[Ord. 2017-03, 5/8/2017]
1.
The official written communication provided for in this Part shall
be certified by the Township Manager and shall be filed in his/her
office, and a certified copy shall be mailed to the landowner. Where
tentative approval is granted, it shall be deemed an amendment to
the Zoning Map, effective on final approval, and the same shall be
noted on the Township Zoning Map.
2.
Tentative approval of a development plan shall not qualify a plat
of the PRD for recording nor authorize development or issuance of
any building permits. A development plan which has been given tentative
approval as submitted or which has been tentatively approved with
conditions which have been accepted by the landowner (and provided
that the landowner has not defaulted nor violated any of the conditions
of tentative approval) shall not be modified, revoked or otherwise
impaired by the actions of the Township Board of Commissioners, provided
that an application for final approval is filed, or, in the case of
a development over the course of years, provided that applications
are filed, within the periods of time specified in the official written
communication granting tentative approval.
3.
In the event that a development plan is given tentative approval
and thereafter, but prior to final approval, the landowner shall elect
to abandon said development plan and shall so notify the Township
in writing, or in the event the landowner shall fail to file an application
for final approval within the required period of time, the tentative
approval shall be revoked, and all of the area included in the development
plan for which final approval has not been given shall be subject
to the Township ordinances otherwise applicable thereto, as they may
be amended from time to time, and the same shall be noted on the Township
Zoning Map and in the records of the Township.
[Ord. 2017-03, 5/8/2017]
An application for final approval may be for all the land in
the proposed development plan or, to the extent set forth in the tentative
approval, for a section thereof. Said application shall be filed with
the Township within the time or times specified by the written communication
following the grant of tentative approval. The Township Board of Commissioners
may grant time extensions upon written request from the applicant.
The application for final approval shall include all data required
for final plan or plat approval as specified in the Township Subdivision
and Land Development Ordinance, as well as any conditions set forth
in the official written communication granting tentative approval.
[Ord. 2017-03, 5/8/2017]
No development plan shall be given final approval unless a guarantee
that the required improvements to be installed by the landowner is
given to the Township Board of Commissioners in the form of a performance
bond, certified irrevocable letter of credit, certificate of deposit,
or escrow held in an account that is equal to the amount of 110% of
the cost of the improvements that may be required. Said guarantee
shall provide security to the public for completion of any or all
proposed improvements for the phase submitted for approval within
the time period established from the date of final approval.
[Ord. 2017-03, 5/8/2017]
The Township Board of Commissioners shall not approve the plans
until comments from the Planning Commission and Township Engineer
are received or until 45 days from the date the copies of the final
application are filed.
[Ord. 2017-03, 5/8/2017]
1.
In the event the application for final approval has been filed, together
with all drawings, specifications and other documents in support thereof,
and as required by this Part and the official written communication
of tentative approval, the Township Board of Commissioners shall,
within 45 days from the date of the Planning Commission meeting 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 day the application has been filed.
2.
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Township Board
of Commissioners may refuse to grant final approval and shall, within
45 days from the date of the regular meeting of the Planning Commission
following the date the application is filed, so advise the landowner,
in writing, of said refusal, setting forth in said notice the reasons
why one or more of said variations are not in the public interest;
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 day the application
has been filed.
B.
If the landowner wishes to take either such alternate action, he
may do so at any time within which he shall be entitled to apply for
final approval, or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance. In the event the landowner shall fail to take either of
these alternate actions within said time, he shall be deemed to have
abandoned the development plan. Any such public hearing shall be held
pursuant to public notice within 30 days after request for the hearing
is made by the landowner, and the hearing shall be conducted in the
manner described in this Part for public hearings on applications
for tentative approval.
C.
Within 30 days after the conclusion of the hearing, the approving
body shall, by official written communication, either grant final
approval to the development plan or deny final approval. The grant
or denial of final approval of the development plan shall, in cases
arising under this section, be in the form and contain the findings
required for an application for tentative approval set forth in this
Part. Failure of the Board of Commissioners to render a decision on
an application for final approval and communicate it to the applicant
within the time and in the manner required by this section shall be
deemed an approval of the application for final approval, as presented,
unless the applicant has agreed, in writing, to an extension of time
or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner or presentation of communication shall have like
effect.
3.
A development plan, or any part thereof, which has been given final
approval shall be so certified without delay by the Township Board
of Commissioners and shall be filed of record in the Allegheny County
Department of Real Estate before any development shall take place
in accordance therewith.
[Ord. 2017-03, 5/8/2017]
The landowner shall record the approved plan in the Allegheny
County Department of Real Estate within 90 days of the date of final
approval, or 90 days after the date of delivery of an approved plat
signed by the governing body following completion of conditions imposed
for such approval, whichever is later, as required by Section 513(a)
of the Pennsylvania MPC,[1] before any development shall take place in accordance
therewith.
[1]
Editor's Note: See 53 P.S. § 10513.
[Ord. 2017-03, 5/8/2017]
Please see the Pennsylvania MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 2017-03, 5/8/2017]
1.
The site for any planned residential development plan shall meet
the following requirements:
A.
Ownership. The developer shall control the entire site for the development.
B.
Minimum Size. The site shall not be less than 10 contiguous acres.
C.
Frontage. The minimum frontage abutting a public right-of-way shall
not be less than 50 feet.
D.
Access. The site must provide for direct access from an arterial
or collector street (as identified in the Township Comprehensive Plan)
indicated on the development application for tentative approval in
order to assure the proper convenient and safe access to the development
plan without causing excessive congestion or pedestrian or vehicular
traffic hazards on adjacent streets and intersections.
E.
Permitted Uses. A mixture of residential dwellings, recreational
facilities, open space, greenways, putting greens, swimming pools,
and accessory uses incidental to residential may be permitted in a
PRD, provided that their arrangement, design, landscaping, pedestrian
circulation plan, construction and public utility requirements established
in this section are met and the facilities are intended to be used
for and by the owners, tenants and guests only.
F.
Permitted Densities and Bulk Requirements.
(1)
The permitted densities are defined in the following table (Table
IV-A).
|
Table IV-A
PRD Permitted Densities
| ||||
|---|---|---|---|---|
|
Type
|
Density
(dwelling units/acre)
| |||
|
AAA
|
AA
|
A
|
B RES
| |
|
Single-family dwelling (SFD)
|
2
|
2
|
4
|
4
|
|
2-family dwelling
|
—
|
2
|
6
|
6
|
|
Multiple-family dwelling
|
—
|
6
|
8
|
8
|
(2)
The bulk and area requirements are defined in the following
table (Table IV-B).
|
Table IV-B
PRD Bulk and Area Requirements
| |||
|---|---|---|---|
|
Type
|
Setback
(feet)
| ||
|
AAA
|
AA
|
A+B
| |
|
Single-family dwelling (SFD)
| |||
|
Front: 30
|
Front: 25
|
Front: 25
Rear: 10
| |
|
2-family dwelling
|
—
|
Front: 20
Rear: 20
|
Front: 20
Rear: 20
|
|
Multiple-family dwelling
|
—
|
Front: 20
|
Front: 20
|
G.
Common Open Space. No less than 20% of the development shall be set
aside for common open space.
H.
Common Open Space Maintenance. Open space created by the application
of the provisions of this Part is required to be dedicated or otherwise
preserved and maintained as to always remain open. The land used for
active and passive recreation must be acceptable according to the
following provisions:
I.
Buffer Area. A twenty-five-foot buffer of land around the perimeter
of the development site in which no development may take place.
J.
Impervious Coverage. The total combined building and impervious surface
for the entire site may not exceed 50%.
K.
Building Grouping. Each building used for multifamily dwellings and
their accessory use buildings shall be oriented in such a manner as
to ensure proper air, light, and exposure for walls with windows.
Each building shall be so arranged to avoid unnecessary exposure to
large-scale parking and loading facilities and shall be so situated
that there is privacy between buildings and audible privacy (noise)
to and from adjacent lots. Any building used as a dwelling unit shall
be sited so emergency vehicles can access it.
L.
Minimum Building Spacing. No structure shall be located closer than
25 feet from any other structure in the development.
M.
Homeowners' Associations.
(1)
In cases where the Township Board of Commissioners specifies
that the municipality is not accepting open spaces or areas used for
recreation and stormwater detention and areas between buildings, the
landowner shall provide an organization (complete with articles of
incorporation and bylaws), homeowners' association or trust for
such maintenance. Before disposing of any of the property owned by
the homeowners' association or trust, the Township must first
be offered the opportunity to take the property in question by dedication
before it is sold or transferred to a like agency.
(a)
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 planned residential development, fail to
maintain the common open space in reasonable order and condition in
accordance with the development plan, the Township Board of Commissioners
may serve written notice upon such organization or upon the residents
of the planned residential development 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 Township
Board of Commissioners 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.
(b)
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 Township, in order to preserve the taxable
values of the properties within the planned residential development
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 Township shall not constitute
a taking of said common open space nor vest in the public any rights
to use the same.
(c)
Before the expiration of said year, the Township 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 of the
planned residential development, to be held by the governing body
or its designated agency, at which hearing such organization or the
residents of the planned residential development shall show cause
why such maintenance by the Township shall not, at the option of the
Township, continue for a succeeding year. If the Township Board of
Commissioners shall determine 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 Township Board of Commissioners 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 and, subject to a similar hearing and determination, in each
year thereafter.
(d)
The decision of the Township Board of Commissioners shall be
subject to appeal to court in the same manner, and within the same
time limitation, as provided for zoning appeals by the Pennsylvania
MPC.
(e)
The cost of such maintenance by the Township shall be assessed
ratably against the properties within the planned residential 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 a notice of lien in the Allegheny County Office Department of
Court Records, upon the properties affected by the lien within the
planned residential development.
(2)
All provisions of the development plan shall run in favor of
the residents of the planned residential development but only to the
extent expressly provided in the development plan and in accordance
with the terms of the development plan and to the extent said provisions,
whether recorded by plat, covenant, easement or otherwise, may be
enforced at law or equity by said residents acting individually, jointly,
or through an organization designated in the development plan to act
on their behalf; provided, however, that no provisions of the development
plan shall be implied to exist in favor of residents of the planned
residential development except as to those portions of the development
plan which have been finally approved and have been recorded.
(3)
All those provisions of the development plan authorized to be
enforced by the Township under this section may be modified, removed,
or released by the Township, except grants or easements relating to
the service or equipment of a public utility, subject to the following
conditions:
(a)
No such modification, removal or release of the provisions of
the development plan by the Township shall affect the rights of the
residents of the planned residential development to maintain and enforce
those provisions, at law or equity, as provided in this section.
(b)
No modification, removal or release of the provisions of the
development plan by the Township shall be permitted except upon a
finding by the Township Board of Commissioners or the Planning Commission,
following a public hearing thereon pursuant to public notice called
and held in accordance with the Pennsylvania MPC, that the same is
consistent with the efficient development and preservation of the
entire planned residential development, does not adversely affect
either the enjoyment of land abutting upon or across the street from
the planned residential development or the public interest, and is
not granted solely to confer a special benefit upon any person.
|
Residents of the planned residential development may, to the
extent and in the manner expressly authorized by the provisions of
the development plan, modify, remove or release their rights to enforce
the provisions of the development plan, but no such action shall affect
the right of the Township to enforce the provisions of the development
plan in accordance with the provisions of this section.
|
N.
Roads and Parking. Access to any PRD shall be provided by a public
street. The dimensions and construction of alleys, bikeways, roads,
streets and parking areas provided within the PRD will comply with
the standards of the Township at the time the application is approved,
whether the areas are dedicated to the Township or not. If a developer
can justify the density of the development and the flow of its traffic,
pedestrian and bikeways do not conform to such requirements, the Township
Board of Commissioners may allow for lesser standards which shall
not be contrary to the community goals and objectives (Article I,
Section 104) and the Township Comprehensive Plan. Every single-family
dwelling unit is required to have access to a street or public right-of-way.
O.
Height Limitations. All structures located within the PRD shall not
exceed 35 feet in height, measured from the finished first-floor elevation
and the highest peak of the roof. Chimneys, spires, towers, tanks,
or similar projections may exceed the prescribed height limitation
by not more than 10 feet.
P.
Phased Development. In no instance shall the density (dwelling units
per acre) of any phase of the development exceed the allowable net
density as permitted by this Part.
[Ord. 2017-03, 5/8/2017]
1.
To ensure the integrity of the development plan and guarantee that
modifications in the plan do not have an adverse impact on the environment,
the Township or its residents, the enforcement and modification of
the development plan as finally approved, where those are recorded
by plat, covenant, easement or otherwise legally permissible, shall
be subject to the following provisions:
A.
Provisions in Favor of the Township. All provisions of the development
plan relating to the use, bulk, and location of buildings and structures,
the quantity and location of common open space, except as otherwise
provided in this Part, and the intensity of the use or the density
of residential units shall run in favor of the Township, and, as provided
by law, these provisions shall be enforceable by law or in equity
without limitation on any powers of regulation otherwise granted by
law.
B.
Provisions in Favor of Residents. All provisions of the development
plan shall run in favor of the residents of the PRD but only to the
extent expressly provided in the development plan. Furthermore, these
provisions, whether recorded by plat, covenant, easement or otherwise
legally permissible, may be enforced at law or in equity by said residents
acting individually, jointly, or through an organization designated
in the development plan to act on their behalf. No provisions of the
development plan shall, however, be implied to exist in favor of the
residents of the PRD except as to those portions of the development
plan which have been finally approved and recorded.
C.
Release of Rights. Residents of the PRD may, to the extent and in
the manner expressly authorized by the provisions of the development
plan, modify, move, or release their rights to enforce the provisions
of the development plan, but no such action shall affect the right
of the Township to enforce the provisions of the development plan
in accordance with the provisions of this Part.
