Township of Concord, PA Article XII R-PRD-3 Residence — Planned Active Adult Community District

[Added 2-5-1991 by Ord. No. 176]

§ 210-100 Purposes.

The purposes are:

A. To recognize the need for rational direction for increasing land development and to meet the growing need for housing of all types, while at the same time to minimize the loss of open countryside, to preserve the atmosphere of the Township, to forestall inadequacies in community services and facilities and to protect property values in existing residential areas.

B. To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by conservation and more efficient use of open space ancillary to said dwellings.

C. To provide greater opportunities for better housing and recreation for all who are or will be residents of the Township, including a planned adult community for active adult citizens that is in keeping with the residential character of the Township with concern for dwelling design and open space conservation and attractiveness.

D. To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may inure to the benefit of those who need homes.

E. To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped areas and areas of unusual beauty or importance to the natural ecosystem.

F. In aid of these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures and to design the above-mentioned procedure so that it permits higher densities in the areas recognized in the Comprehensive Plan as most capable of receiving and supporting such densities.

§ 210-101 (Reserved) [1]

[1] Editor's Note: Former § 210-101, Definitions, as amended, was repealed 12-15-1998 by Ord. No. 231. See now § 210-4.

§ 210-102 Approving body.

The Township Council shall administer the provisions of this Article XII, which administration shall include the approval, modification or disapproval of any development plan; provided, however, that subject to any inconsistent provisions of the Pennsylvania Municipalities Planning Code,[1] the Township Council may by resolution from time to time designate the Township Planning Commission as the official agency of the Township Council for any or all of such purposes, either generally or with respect to one or more specific developments, and may from time to time by resolution revoke or amend any such designations.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 210-103 Eligibility.

No application for tentative approval of a planned active adult community shall be considered or approved unless the following conditions are met:

A. The proposed planned active adult community consists of one or more contiguous parcels of land under one ownership containing 50 or more acres of land, located in a R-PRD-3 Residence — Planned Active Adult Community District of the Township.

B. The proposed planned active adult community will be connected to public water and a public sanitary sewer system.

C. Both water supply and sewage disposal system shall be operational at the time of occupancy of the first completed structure.

D. The proposed development is found to be consistent with the Comprehensive Plan for Concord Township.

§ 210-104 Permitted uses.

A. Uses by right.

(1) Single-family detached dwellings.

(2) Semidetached single-family dwellings attached by a nonstructural element such as a decorative wall.

(3) Attached single-family dwellings (town homes).

(4) The following accessory uses in a planned active adult community:

(a) Recreational, community and social facilities for residents and their guests.

(b) Administrative offices and operating facilities for management of the community.

B. Uses by special exception.

[Added 11-5-2008 by Ord. No. 325]

(1) A cellular telecommunications facility with antennas attached to a nonresidential building or a structure of a permitted church, municipal or governmental building or facility and a building or structure owned by a public utility regulated by the Pennsylvania Public Utility Commission, subject to the applicable provisions of Articles XXA and XXVIII.

§ 210-105 Density.

A. The maximum possible average gross density, computed over the entire planned active adult community, shall be 2.97 dwelling units per acre.

B. Not less than 35% of the total area of the planned active adult community shall be designated as and devoted to common open space.

§ 210-106 Design standards.

A. General.

(1) Community impact analysis. An analysis of the impact of development of the site upon traffic, public facilities, utilities and roadway systems may be required, at the discretion and option of the Township, in accordance with the procedures of § 210-109A and B.

B. Landscaping.

(1) Landscaping shall be regarded as an essential feature of every planned active adult community. In addition to the preservation of natural features, trees and slopes of the site, careful attention shall be given to landscaping of parking areas, recreational areas and provisions of street trees, if required.

(2) In order to determine the suitability of specific areas of the total site for specific land uses and land use intensities, a thorough analysis of the natural features of the site will be required in accordance with § 210-109. The following subject categories must be included in such an analysis:

(a) Hydrology. Analysis of natural drainage patterns in site area, including denoting surface water, marsh, wetlands, floodplain, permanent high-water table and seasonal high-water table areas throughout the site.

(b) Geological. Analysis of characteristics of rock formations underlying the site, including defining aquifers (particularly those subject to pollution), shallow bedrock areas and areas in which formations are unstable.

(c) Soils. Analysis of types of soils present in the site area, including defining of prime agricultural soils, aquifer recharge soils areas, unstable soils and soils susceptible to erosion.

(d) Topography. Analysis of terrain of site, including designation of slope areas over 25% and between 15% and 25%.

(e) Vegetation. Analysis of land cover of site, including designations of forest and woodland areas, meadowland areas and areas with little or no land cover.

(3) Landscaping shall be planned and effectuated in the planned active adult community so as to integrate buildings with their surrounding lands and to present a total pattern throughout the site. The use of berms is encouraged and is required on land adjacent to Smithbridge Road. In the planning and effectuation of such landscaping, as well as in the effectuation of Subsection B(4) and (5) of this section, the developer shall be guided by the following criteria for plant material, including both deciduous and evergreen trees and shrubs:

(a) Aesthetic values such as autumn coloration, flowers, fruit, bark and crown characteristics and dieback.

(b) Susceptibility to insect and disease infestation and air pollution.

(c) Species longevity.

(d) Wind firmness and suitability of plant material to soil types.

(e) Wildlife values (ability of plant material such as oak, hickory, dogwood and walnut to provide food for bird and animal life).

(f) Trees and shrubs which are prone to cause pavement heaving or whose roots have a tendency to invade water and sewer lines (i.e., poplar, willow, silver and Norway maple, beech) shall not be planted where their presence will result in pavement heaving or the clogging of mains and drains.

(g) Where land is open or barren, the planting of trees is encouraged.

(4) The protection of trees of eight-inch caliper or over measured 4.5 feet off the ground shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.

(5) The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance and the destruction of natural amenities. Natural features, such as lakes, streams and wooded slopes, shall be preserved and incorporated into the final landscaping of the development wherever possible and desirable. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. Wherever possible, scenic points, historic spots and other community assets and landmarks shall be preserved.

(6) Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes and to enhance the appearance of open space. This program must be in accordance with the requirements of and approved by the Soil Conservation District of the Federal Soil Conservation Service. Excessive cuts and fills shall be avoided. Topsoil shall not be stripped, covered or removed from the development site.

(7) Erosion control measures, such as minimizing the areas of exposed soil, mulching, building silt catchment basins and planting temporary ground cover, shall be instituted as necessary. All construction, including grading and regrading, shall be accomplished under and in accordance with the conservation plan required by § 210-109A of this Article XII. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system, in accordance with sound engineering principles and approved by the Township Engineer, will be required.

(8) All parking areas shall be landscaped. The interior of each lot shall have one two-inch-caliper shade tree for every four parking spaces. As an alternative, the Township may permit substitutes upon land in close proximity to a lot.

(9) Wherever the site is not proposed to remain naturally wooded, shade trees shall be provided along all streets. No less than two two-inch-caliper trees measured 4.5 feet off the ground shall be planted for each forty-foot section of collector streets. For the purpose of these regulations, street trees are limited to the following: honey locust, red oak, columnar-type maples, sugar maple and sweet gum, or others upon approval of the Township.

(10) Curb and sidewalk along street areas shall not be required. Walkways shall be required throughout the community, preferably through common open space, to accommodate, as appropriate, travel on foot to and from dwelling units to recreational, community and social facilities and to and from one section of the community to another. Said walkways may be constructed of asphalt, crushed rock, wood chips or like material as appropriate, considering the location and projected use of the particular portion of walkway involved.

C. Buildings.

(1) All housing shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonal temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account.

(2) The approximate location and arrangement of buildings and open spaces must be shown to the Council on tentative plans so that it may review the intensity of land use and serve the public interest by protecting neighboring land uses.

(3) Good quality development is encouraged by taking into consideration the appearance of all elevations and layouts of buildings and external spaces and materials used therein.

(4) Variation of conventional siting practices such as building setbacks from streets and minimum distances between buildings may be required by the Council in order to produce a more attractive and interesting arrangement of buildings.

(5) All housing shall be sited so as to ensure natural light for all principal rooms and to enhance privacy within and adjacent to the planned active adult community.

(6) Housing and other facilities near the periphery of the planned active adult community shall be designed so as to be harmonious with neighboring areas.

(7) Housing shall be arranged in groups or clusters and not in long rows parallel to street lines.

(8) Single-family detached, attached and semidetached dwelling units may be arranged so as to provide for individual lots for each unit or may be arranged as rental units or condominiums.

(9) No building envelope shall be less than 135 feet from the ultimate right-of-way of an adjacent collector street, i.e., Smithbridge Road and Temple Road, nor 50 feet from the property lines of the development, i.e. the perimeter of the planned active adult community, and a berm 4 1/2 feet high shall be placed along Smithbridge Road upon which shall be planted trees having a minimum height when planted of four feet.

(10) The location of structures in relation to access roads, parking areas and other structures shall be in accordance with good design of dwellings and structures and in accordance with the following minimum standards:

(a) Single-family detached dwellings, not exceeding three dwelling units per acre.

[1] Setbacks:

[a] Front: 30 feet.

[b] Rear: 25 feet.

[c] Side yard, minimum: 15 feet.

[d] Side yard, aggregate: 35 feet.

[e] Driveway: five feet.

[2] Width at the street line: 50 feet.

[3] Width at the building line: 75 feet.

(b) Semidetached units.

[1] Maximum number of units grouped together shall not exceed six. Decks not included in envelope.

[2] Unless attached, no unit shall be closer than four feet to any other unit within a grouping.

[3] Minimum distance from unit to:

[a] Collector street: 25 feet.

[b] Secondary street: 15 feet.

[c] A parking area from garage of unit: 10 feet.

[d] Parking from unit part other than garage: 15 feet.

[e] Another unit within a different grouping: 30 feet; unless orientation of unit is a ninety-degree angle or its mirror image, in which case the minimum distance shall be 20 feet.

[f] Another unit's driveway: five feet.

[4] Minimum distance of parking to:

[a] Collector street: 20 feet.

[b] Driveway: five feet.

[c] Size of parking stalls: nine feet by 18 feet.

(c) Attached units.

[1] Maximum number of units grouped together in a single building shall not exceed six. Decks not included in envelope.

[2] Minimum distance from a unit to:

[a] Collector street: 25 feet.

[b] Secondary street: 15 feet.

[c] Driveway: 10 feet.

[d] Parking: 10 feet.

[e] Another unit within a different grouping: 20 feet.

[3] Minimum distance of parking to:

[a] Collector street: 20 feet.

[b] Secondary street: 15 feet.

[c] Driveway: five feet.

[d] Size of parking stalls: nine feet by 18 feet.

(11) Each single, attached and semidetached dwelling unit shall be provided with no less than the following space standards:

(a) Heights and area requirements.

[1] Maximum heights. The maximum height of any dwelling unit shall be measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof and shall not exceed 35 feet and not more than 2 1/2 stories or floors, exclusive of the basement level, above ground level for human habitation. No accessory building, except for accessory uses provided for in § 210-104A(4) above, shall exceed 20 feet in height.

[2] Maximum length. In no case shall the combined length of attached dwelling units exceed 200 feet in length or six dwelling units, whichever is less in length. In no case shall the combined length of a semidetached dwelling exceed 400 feet in length or six dwelling units, whichever is less in length.

[3] Minimum dwelling unit size. No dwelling unit shall be less than 1,000 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants. Units with three bedrooms shall be no less than 1,200 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants.

[4] Floor use restrictions. Dwelling units shall be permitted only on any floor where the building floor is completely above grade at one exterior wall.

(12) Decks and patios.

(a) Z-lot housing. Decks, patios and steps thereto may only extend in a perpendicular direction a maximum of 14 feet or to the wall of an adjacent building, whichever is greater, from the face of the building along which living, dining, kitchen/family and master bedrooms are located from the frontmost part of the rear access door to the garage for the extent of the building length, but not beyond the rear plane of the building.

(b) Town homes. Decks, patios and steps thereto may only extend out in a perpendicular direction a maximum of 10 feet from a wall within which is located an access door to said deck, patio or steps. In no case may the deck, patio or steps extend beyond the plane of any wall perpendicular to the wall within which such access door is located, exclusive of chimneys and other like projections less than 2 1/2 feet, situated on the access wall.

(13) Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible.

D. Nonresidential uses.

(1) All community recreational areas, including swimming pools, outdoor tennis courts and parking areas, shall be located so as not to interfere with the residential character of adjacent dwelling units and shall conform with Township ordinances and regulations.

E. Utilities.

(1) All streets, off-street parking areas and areas of high pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences. Adequate lighting shall be provided after dark. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and signs. Such lighting shall be designed and located so as to direct light away from adjacent residences.

(2) The requirements for lighting may be waived by the Township Council, where density of development may not justify its use.

(3) Electric, telephone and all other utility facilities shall be installed underground by the developer unless, in the opinion of the Township Council, special conditions require otherwise. In such event, such installations shall be as directed by the Township Council.

(4) Where telephone and electric service lines are placed underground, conduits or cables, except service connections to dwelling units, shall be placed within easement or dedicated public ways or in a common open space in a manner which will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.

(5) Easements shall be provided to account for the distribution of unit substations to service the area. The design of the utility structures should be architecturally compatible with the surrounding structures.

(6) The storm sewage for a planned active adult community shall be designed and constructed subject to the determinations of the site analysis of the natural features and so as to minimize erosion, flooding and runoff, using, as necessary, drainage channels, swales, catchment basins, silt traps and design of cartways so as to minimize runoff. Design is to be based upon the Rational method for a ten-year-storm frequency, except in sump areas in which areas a twenty-five-year-storm frequency shall be used, all in accordance with the Township Stormwater Management Ordinance.[1]

[1] Editor's Note: See Ch. 148, Stormwater Management.

(7) Drainage facilities shall be provided to:

(a) Permit unimpeded flow of natural watercourses.

(b) Ensure adequate drainage of all points along the line of streets.

(c) Intercept stormwater runoff along streets, at intervals reasonably related to the extent and grade of the area drained.

(8) In the design of drainage facilities, special consideration shall be given to problems that may arise from concentration of stormwater runoff over adjacent properties and roads.

(9) Storm sewer, as required, may be placed on or off the cartway when located along a street, and storm sewers may cross a street. Open ditches shall be limited in length as required.

(10) In some cases, stormwater must travel in original stream beds or in open channels. Concreted or riprapped channels shall be required. Open channels, whether concreted or not, shall generally be straightened, widened or otherwise adjusted to conform to hydraulic requirements.

(11) Collector storm sewers shall have a minimum diameter of 15 inches and a minimum grade of 0.5%. Changes in alignment shall be by straight sections connected by inlets or manholes, all in accordance with the Township Stormwater Management Ordinance.[2]

[2] Editor's Note: See Ch. 148, Stormwater Management.

(12) Where storm sewer passes between dwelling units, sufficient width shall be allowed between dwelling units to accommodate said sewer. The ground shall drain in the same direction as the sewer, wherever possible. No pockets or craters shall be left in the road or on the ground.

(13) Manholes shall be not more than 300 feet apart on sizes up to 24 inches and not more than 450 feet apart on greater sizes. Inlets may be substituted for manholes on approval by the Township.

(14) Inlets and manhole covers and frames shall conform to Township standards. At street intersections, inlets shall be placed in the tangent and not in the curved portion of the street. Inlets shall generally be Pennsylvania Standard Combination Special Inlets. They shall be located at intersections and, as needed, between intersections. Inlets shall be required when the design flow along the side of any road exceeds seven cubic feet per second. Design is to be based upon the Rational method for a ten-year-storm frequency, except in sump areas in which areas a twenty-five-year-storm frequency shall be used, and all in accordance with the Township Stormwater Management Ordinance.[3] Inlets shall be so placed in an intersection that rainwater shall not have to cross any collector street before entering.

[3] Editor's Note: See Ch. 148, Stormwater Management.

(15) Vehicular bridges and culverts shall have ample water way to carry expected flows and capable of supporting 20 tons of vehicular weight. Culverts shall be provided with wing walls and constructed for the full width of the right-of-way. Vehicular bridges shall be provided with a paved flow line and with deep aprons and wing walls at each end. Vehicular bridges shall be constructed no narrower than the cartway of the road they serve; and, in addition, pedestrian walkways on one side shall be required.

(16) Land subject to flooding.

(a) Land subject to flooding or other hazards to life, health or property and land deemed to be topographically unsuitable shall not be platted for residential occupancy or for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard.

(b) Such land within the subdivision/land development shall be set aside on the plat for uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

(c) Where flooding is known to have occurred within an area shown on the plat, such area shall be clearly marked "subject to periodic flooding" and shall not be platted in streets and lots.

(17) Planned active adult community shall be provided with a public water supply system. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the proposed development, applicants shall present evidence to the Township Council or the Planning Commission, as the case may be, that the proposed development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

[Amended 1-5-1998 by Ord. No. 221]

(18) Planned active adult community shall be provided with a sanitary sewer system through the following method:

(a) Connection to a public sewer system is required.

(19) Refuse stations to serve residential or recreational areas shall be verminproof and shall be designed with suitable screening and located so as to be convenient for trash removal and not offensive to nearby residential areas and located a minimum of 20 feet from any building. Each station shall be supplied with appropriate trash containers which shall be noncombustible and verminproof.

F. Streets.

(1) The street system of the planned active adult community shall be designed so as to:

(a) Create a separation of automobile and pedestrian circulation through a hierarchy of roadway functions and design and pedestrian walkways.

(b) Relate harmoniously with land uses within and adjacent to the development.

(c) Create efficient and safer connections with the existing road systems of the municipality in order to ensure proper ingress and egress to and from the development.

(d) Minimize through traffic in residential areas.

(2) Location and arrangement of streets.

(a) The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets.

(b) The arrangement of streets in the development shall conform to a plan approved by the Township Council to adequately and conveniently serve the planned active adult community.

(c) Local streets shall be so laid out that their use by through traffic will be discouraged.

(d) To facilitate snow removal and to permit easy access for fire-fighting equipment and delivery trucks, dead-end streets (culs-de-sac), designed to be so permanently, shall be provided at the closed end with a turnaround having an outside cartway radius of at least 40 feet. Such streets shall be not longer than 600 feet, measured from their intersecting center lines to the center of the turnarounds, except where topographical or other conditions make this limitation impracticable as determined by the Township Council.

(e) Streets shall be constructed in accordance with Township street specifications.

(3) Access to streets.

(a) Except as specifically permitted by the Township Council, no dwelling unit shall have direct access to an arterial or collector street.

(b) Reserve strips controlling access to streets shall be prohibited except where control thereof is vested in the Township under conditions approved by the Township Council.

(4) Street intersections.

(a) Collector street jogs with center-line offsets of less than 150 feet shall be avoided.

(b) Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 60°.

(c) Cartways at street intersections shall be designed to comply with fire lane requirements and to accommodate a fire or emergency vehicle with a turning radius requirement of 35 feet, where collector streets intersect other collector streets or a cul-de-sac.

(d) To the fullest extent possible, intersections with Smithbridge Road and Temple Road shall not be located less than 800 feet apart, measured from center line to center line.

(e) Multiple intersections involving the junction of more than two streets shall be avoided, and where such avoidance is impossible, such intersections shall be designed with extreme care for both vehicular and pedestrian safety.

(f) Grades at intersections shall be in conformance with Subsection F(7)(c) below.

(g) Proper sight lines shall be maintained at all intersections of streets. There shall be a clear sight triangle measuring 60 feet along the intersecting street lines from the point of intersection indicated on the plan that is maintained free and clear of shrubs, structures, signs and other visual obstructions, excluding excess parking.

(h) The intersection should be designed and graded to allow for proper drainage.

(5) Street widths.

(a) Street cartway widths shall be as follows, as a minimum:

[Amended 1-5-1998 by Ord. No. 221]

Street Type	Cartway Width
Collector street	24 feet (excluding shoulder development as paved bicycle trail)
Secondary-residential street	22 feet (excluding shoulder development as paved bicycle trail)
Drive	20 feet
Shared driveway	16 feet
Double driveway	16 feet
Single driveway	10 feet

(b) Where a subdivision/land development abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be dedicated to conform to the standards established in this Subsection F(5).

(6) Street alignment.

(a) The minimum radius at the center line for curves on collector and secondary residential streets shall be 150 feet.

(7) Street grades.

(a) Street grades shall not exceed the following:

Street Type	Percent Grade
Collector	8%
Secondary-residential	10%

(b) Vertical curves shall be used at changes of grade exceeding 1% and shall be designed to be in compliance with American Association of State Highway Transportation Officials design charts for twenty-five-miles-per-hour speeds.

(c) Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having a minimum length of 50 feet measured back from the street line within which no grade shall exceed a maximum of 5%. Furthermore, the maximum grade within an intersection shall not exceed 1% percent.

(d) No street grade shall be less than 0.5%.

(e) All streets shall be graded to the full width of the cartway. Maximum side slopes immediately adjacent to the cartway shall not exceed one and one-half feet horizontal to one vertical (1.5 to 1) and shall be adequately stabilized with appropriate plant materials.

(8) Street names.

(a) No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Township Council.

(9) Street signs and lighting.

(a) Street name signs conforming to Township specifications shall be erected and painted in accordance with said specifications at all street intersections or junctions in the development at the expense of the developer.

(b) The developer shall install or cause to be installed at the developer's expense such streetlighting facilities as may be deemed adequate and as may be prescribed at the time the development plan is approved, and the developer or its successor in title shall pay the cost of operating said streetlights.

(10) Easements shall be granted to public or private utilities providing service to the community at locations and upon such terms, provisions and conditions as developer and such utilities shall agree.

(11) Walkways.

(a) Pedestrian walkways with a minimum improved width of four feet and of materials appropriate to the use thereof shall be required where deemed essential to provide circulation or access to recreational, social and community facilities and to other parts of the development.

G. Parking.

(1) Each dwelling unit must have space to park two automobiles off the street. Spaces must be nine feet by 18 feet, and, in parking areas, aisles 22 feet wide.

(2) There shall be one off-street parking space for each 100 square feet of recreation and social facility, excluding tennis courts, and two off-street parking spaces for each 100 square feet of swimming pool, exclusive of patios and storage areas. In addition, paved truck loading areas shall be provided such that all loading, unloading and maneuvering can be accommodated within these areas.

(3) Parking areas for 20 or more automobiles shall be screened from adjacent structures, access roads and traffic arteries by hedges, dense planting, earth berms, changes in grade or walls. All parking areas shall be located in accordance with the criteria set forth in § 210-106C(10).

(4) Parking areas shall be arranged so as to prevent through traffic to other parking areas.

(5) No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping.

(6) No more than 60 parking spaces shall be accommodated in any single parking area, except a parking area serving a recreational, social or community facility.

(7) Off-street parking or loading areas shall be surfaced with an impervious asphaltic pavement.

H. Common open space.

(1) The common open space shall be located so as to be consistent with the objectives set forth in the application for planned active adult community. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving and enhancing natural features.

(2) Areas set aside for common open space shall be suitable for the designated purpose and in any event shall be consistent with the plan policy for open space land use in the Township. Any such area shall contain no structure other than a structure related to the purposes of open spaces, provided that utilities and stormwater management facilities may be located in common open space areas.

I. Fire lanes and hydrants.

[Amended 1-5-1998 by Ord. No. 221]

(1) No dwelling unit or part of a unit shall be located more than 150 feet from a duly improved and accessible fire lane, nor more than 600 feet from a private or public street or a fire hydrant. All fire hydrants and fire lanes shall be subject to the approval of the Township Fire Marshal.

(2) Fire lanes shall have a minimum unobstructed right-of-way-width of 30 feet; and there shall be constructed within this right-of-way an all-weather and well-drained surfaced cartway with a minimum width of 24 feet. The extension of fire lanes shall begin from one or more private or public streets.

(3) Dead-end fire lanes shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surfaced radius of 40 feet. Dead-end fire lanes shall have a maximum length of 600 feet.

(4) The location of fire lanes shall conform to plans for the extension of streets, sanitary sewers, water mains, storm sewer and other drainage facilities and public utilities as contained in this chapter and other ordinances of the Township of Concord and shall provide adequate access to buildings by emergency services.

(5) Fire hydrants must be provided by the developer. The number, type, location and rate of flow of fire hydrants shall be subject to the approval of the Township Fire Marshal.

(6) No certificate of occupancy shall be issued until fire lanes are constructed and hydrants tested and approved by the Township Fire Marshal.

§ 210-107 Management of open space.

A. There shall be provisions which ensure that the common open space land shall continue as such and be properly maintained.

(1) The developer shall either:

(a) Retain ownership and responsibility for maintenance of such open space land; or

(b) Provide for and establish one or more organizations for the ownership and maintenance of all common open space.

(2) In the case of Subsection A(1)(b) above, each organization shall be a nonprofit homeowners' corporation, condominium or cooperative, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.

B. If a homeowners' association, condominium or cooperative or open space trust is formed, it shall be governed according to the following regulations:

(1) The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any dwelling units within the development.

(2) Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.

(3) The organization shall be responsible for maintenance of and insurance and taxes on common open space.

(4) The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.

(5) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

(6) Maintenance.

(a) In the event that the organization established to own and maintain a common open space, or any successor organization, shall at any time after establishment of the planned active adult community fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned active adult community 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 cured 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 may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned active adult community 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 entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. 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 organizations or to the residents and owners of the planned active adult community, who shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable conditions, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine 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. The decision of the Township shall be subject to appeal to court in the same manner and within the same time limitations as is provided for zoning appeals by the Municipalities Planning Code.[1]

[Amended 1-5-1998 by Ord. No. 221]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(b) The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned active adult community that have a right of enjoyment of the common open space and shall become a tax lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is subject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued, provided that such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessments or charges accruing prior to said foreclosure, but nothing herein shall be held to affect the right herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to such assessments or charges, with the intent that no such charges shall at any time be prior to lien of any mortgage or mortgages whatsoever on such property. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of the county upon the properties affected by such lien within the planned active adult community.

(7) In accordance with Section 706 of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as amended,[2] the provisions of the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of common open space and the intensity of use or the density of residential units shall run in favor of the Township and shall be enforceable in law or in equity by the Township, without limitation on any powers or regulation otherwise granted the Township by law. The development plan shall specify those of its provisions which shall run in favor of and be enforceable by residents of the planned active adult community and, in addition, the manner in which such residents may modify or release such rights.

[2] Editor's Note: See 53 P.S. § 10706.

§ 210-108 Development in stages.

A developer may construct a planned active adult community in stages if the following criteria are met:

A. The application for tentative approval covers the entire planned active adult community and shows the location and approximate time of construction for each stage, in addition to other information required by this Article XII.

B. At least 15% of the dwelling units in the plan given tentative approval are included in the first stage, as well as all recreation facilities, landscaping, roads and water retention areas reasonably necessary to accommodate that stage.

C. The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 15% of the dwelling units receiving tentative approval. In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned active adult community are intended to be filed, and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.

D. Gross residential density may be varied from stage to stage; provided, however, that final approval shall not be given to any stage if the gross residential density by type of dwelling of the area which includes stages already finally approved and the stage for which final approval is being sought exceeds by more than 10% the gross residential density for each type of dwelling unit allowed for the entire planned active adult community in the tentatively approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding maximum gross residential densities, the developer may be required to grant an open space easement or covenant to the Township specifying the amount, and if necessary, the location of open space.

§ 210-109 Feasibility review.

A. Prior to application for tentative approval, the findings of the natural features analysis and the community impact analysis of the site explained in § 210-106A and B will be presented to the Township Council. The review will not affect the application procedures of the applicant but is intended to thoroughly familiarize both the applicant and the review agency with the potential of the site for planned active adult community.

B. Materials illustrating the following information will be presented at the review:

(1) A site map or maps at one inch equals 100 feet illustrating the hydrology, geology, soils, topography and vegetation of the site as explained in § 210-106B(2). The combined impact of the natural features upon the development potential of each specific area of the site will be clearly illustrated on the map.

(2) Materials indicating the impact of the completed planned active adult community upon public facilities, utilities and roadway systems. Projections as to the number of school children in the development and the vehicular traffic generated by the development shall be included. Where connection to public water supply and sewer systems is contemplated, projections as to the required water supply capacity and wastewater volumes generated by the development shall also be included.

§ 210-110 Application for tentative approval.

A. The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Secretary. An initial deposit in the amount as set forth from time to time by resolution of the Township Council shall be paid upon filing of the application to be applied against such expenses, and additional deposits shall be made from time to time as requested by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township.

[Amended 1-5-1998 by Ord. No. 221]

B. The application for tentative approval shall include documentation illustrating compliance with all of the standards for a planned active adult community in § 210-106, and, where necessary, the Township Council shall order such documentation to aid it in its review.

C. Required documentation shall include but not be limited to documents illustrating the following:

(1) The location and size of the area involved and adjoining areas and the nature of the landowner's interest in the planned active adult community.

(2) The proposed use areas and the residential density of each proposed land use.

(3) The location, function, size, ownership and manner of maintenance of the common open space.

(4) The use and the approximate height, bulk and location of buildings and other structures.

(5) Information showing the feasibility of proposals for sanitary sewerage, stormwater disposition and adequate water supply.

(6) Utility systems.

(7) The substance of covenants, grant of easement or other restrictions to be imposed upon the use of land, buildings and structures, including proposed grants and/or easement for public utilities.

(8) The provision for parking of vehicles and locations and cartway widths of proposed streets and public ways.

(9) In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the planned active adult community are intended to be filed, and which shall be updated annually, on the anniversary of submission, for final approval.

(10) The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.

D. Application for tentative approval shall include but not be limited to the following documents:

(1) Plans at one inch equals 100 feet of existing natural features of the land, including topography, vegetation, drainage and soils.

(2) A site plan showing approximate locations of buildings, road and parking areas at one inch equals 100 feet.

(3) A plan at one inch equals 100 feet delineating common open space, indicating size, nature of facilities, structures, if any, and uses.

(4) A plan at one inch equals 100 feet delineating approximate locations of streets, street types and cartway widths.

(5) Site plan illustrating phasing, including a time schedule for all on-site and off-site improvements, if any, to be dedicated for public use, which may be modified from time to time by the Township Council.

(6) A plan illustrating connection to public utilities, streets and rights-of-way accompanied by documentation as to the impact of the proposed development on said public utilities, streets and right-of-way.

(7) A plan illustrating the relation of the proposed planned active adult community to the Township.

E. Said application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned active adult community would be in the public interest and would be consistent with the Township's Comprehensive Plan.

F. One copy of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Township Planning Commission and to the Delaware County Planning Commission for study and recommendation as required by the Pennsylvania Municipalities Planning Code.[1] The Township Planning Commission and the Delaware County Planning Commission shall review and report upon the application to the Township Council within 30 days of such referral. One copy of the reports of the respective Planning Commissions shall be furnished to the landowner not less than five days before appointed time of the public hearing provided for in § 210-111 of this Article XII.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

G. The landowner, the Township Council, the Township Planning Commission and the Delaware County Planning Commission may consult informally concerning the proposed planned active adult community prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the Township Council or the planning agencies shall be binding upon the Township.

§ 210-111 Public hearings.

A. Within 60 days after the filing of an application for tentative approval of a planned active adult community pursuant to this Article XII, a public hearing pursuant to public notice on said application shall be held by the Township Council in the manner prescribed in Concord Township Zoning Ordinance for the enactment of an amendment.[1] The President or, in his absence, the Vice President of the Township Council or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.

[1] Editor's Note: See Article XXIX, Amendments.

B. A verbatim record of the hearing shall be caused to be made by the Township Council whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.

§ 210-112 The findings.

A. The Township Council within 60 days following the conclusion of the public hearing provided for in this Article XII shall, by official written communication to the landowner, either grant tentative approval of the development plan as submitted, grant tentative approval subject to specified conditions not included in the development plan as submitted or deny tentative approval to the development plan. Failure to so act within said period shall 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 Township Council, notify such Township Council of his refusal to accept all said conditions, in which case, the Township Council 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 Township Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

[Amended 1-5-1998 by Ord. No. 221]

B. The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:

(1) Those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the municipality.

(2) 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.

(3) The purpose, location and amount of the common open space in the planned active adult community, 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.

(4) 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.

(5) The relationship, beneficial or adverse, of the proposed active adult community to the neighborhood in which it is proposed to be established.

(6) 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 active adult community in the integrity of the development plan.

C. In the event that a development plan is granted tentative approval, with or without conditions, the Township Council may set forth in the official written communication the time within which an 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 part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and application for final approval shall not be less than three months and, in case of development over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.

§ 210-113 Status of plan after tentative approval.

A. The official written communication provided for in § 210-112 of this Article XII shall be certified by the Township Secretary and shall be filed in his or her office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.

[Amended 1-5-1998 by Ord. No. 221]

B. Tentative approval of a development plan shall not qualify a plat of the planned active adult community for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval) shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without consent of the landowner, provided that an application for final approval is filed or, in the case of development over a period of years, provided that applications are filed within the periods of time specified in the official written communication granting tentative approval.

C. 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 Council in writing, or in the event that the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary of the Township.

§ 210-114 Application for final approval.

A. An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Township Council and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.

B. The application for final approval shall consist of a plan or plans and accompanying documents which shall show and shall include the following information:

(1) The plan. The final plan shall be at a scale of one inch to 50 feet. The original drawing and all submitted prints thereof shall be made on sheets 18 inches by 24 inches or 36 inches by 48 inches. Where necessary to avoid sheets longer than the maximum size prescribed herein, final plans shall be drawn in two or more sections accompanied by a key diagram showing relative location of the sections. All plans shall be clear and legible white prints of an ink drawing and shall include the following information:

(a) Development name or identifying title.

(b) Municipality in which the development is located.

(c) North point, scale and date.

(d) Name of record owner and developer.

(e) Name and seal of the registered professional engineer or surveyor responsible for the plan.

(f) Boundaries of the tract determined by accurate survey in the field which shall be balanced and closed with an error of closure not to exceed one foot in 10,000 feet.

(g) Property lines (if any) within the development.

(h) Lot areas (if any) to 1/1,000 of an acre.

(i) Street lines, lot lines, if any, rights-of-way, if any, easements, if any, and areas dedicated to or proposed to be dedicated to public use; profiles for all streets and for proposed sanitary storm sewer mains, inlets and manholes.

(j) The length of all straight lines, radii, lengths of curves and tangent bearings for each street.

(k) All dimensions and angles or bearings of the lines of each lot, if any, and of each area proposed to be dedicated to public use, if any.

(l) The setback line for each building.

(m) Location and width of all private driveways.

(n) Names proposed to be given to all streets.

(o) Location of all structures and the building envelope for all dwelling units.

(p) Number of lots, if any.

(q) Number of dwelling units by type and, where applicable, the number, location and square footage of areas to be devoted to nonresidential use.

(r) Architectural drawings to scale of all building types.

(s) A key map showing the relationship of the property being developed to surrounding properties, such map to be drawn at a scale of one inch equals 600 feet and showing all streets, roads, municipal boundaries, subdivisions and adjoining properties within 1,000 feet of any part of the property. In the case of development of a section of the entire tract, the key map shall show the relationship of the section to the entire tract.

(t) Total property area of the entire development tract and, in the case of development in sections, the size of the section for which plans are submitted.

(u) All permanent monuments, streetlights, if any, and other lighting.

(v) Finished contours at vertical intervals of two feet.

(w) All existing watercourses, tree masses and other significant natural features and proposed plantings.

(2) The documentation. The application for final approval shall also be accompanied by:

(a) Copies of deed restrictions and/or easements, if any.

(b) Information of water supply and sewage disposal, including copies of permits obtained under authority of statutes of the commonwealth.

(c) An affidavit that the applicant is the owner of the land proposed to be developed.

(d) Offers of dedication, if any, and covenants governing the reservation and maintenance of undedicated common open space, provided that all such offers of dedication and covenants shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.

(e) A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property to the effect that the development as shown on the application for final approval is made with his or their free consent and that it is desired to record the application and accompanying documents upon their approval.

C. In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by this Article XII and the official written communication of tentative approval, the Township shall, within 45 days of such filing, grant such development plan final approval.

[Amended 1-5-1998 by Ord. No. 221]

D. In the event that the development plan as submitted contains variations from the development plan given tentative approval, the Township Council may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, 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.

(1) In the event of such refusal, the landowner may either:

(a) Refile his application for final approval without the variations objected; or

(b) File a written request with the Township Council that it hold a public hearing on his application for final approval.

(2) 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.

(3) In the event that the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.

(4) 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 prescribed in this Article XII for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Township Council 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 Article XII.

E. A development plan or any part thereof which has been given final approval shall be so certified without delay by the Township Council and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned active adult community or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

§ 210-115 General requirements prerequisite to approval plans.

A. Improvements or guaranty thereof. Before approving any development plan for recording, the Township Council shall either require that the necessary grading, paving and other street improvements as required in § 210-106F hereof all have been installed in strict accordance with the standards and specifications of the Township or that the Township be assured by means of proper contract and completion guaranty, as set forth in Subsection B hereof, that the improvements will subsequently be installed by the developer. Where the development plan has been approved and recorded, either after the specified improvements have been completed and approved by the Township Council or, if prior to completion, upon proper completion guaranty as aforesaid, purchasers and mortgagees of lots, if any, in the development with or without buildings thereon or on any of them shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set out in said plan or required as a condition precedent to the approval of the plan of development, and any failure to complete or properly complete said improvements shall not encumber any or all of the lots, if any, in the development.

B. Agreement to complete improvements. In all cases where the necessary grading, paving and other street improvements required herein shall not have been installed in strict accordance with the standards and specifications of the Township, the developer shall enter into a written agreement with the Township in the manner and form approved by the Township Solicitor, wherein the developer shall agree, to the extent applicable:

(1) To construct or cause to be constructed, at his own expense, all streets, bridges, culverts, gutters, crosswalks, water systems, drainage facilities, streetlighting facilities, street signs, monuments, sanitary sewerage, street shade trees and parks and other improvements shown on said development plan, all in strict accordance with standards and specifications of the Township and within the time specified in said agreement.

(2) To make adequate provision with the Township Engineer for the inspection of the construction of the aforesaid improvements to assure compliance with Township standards and specifications.

(3) To maintain at his own cost said streets, bridges, culverts, curbs, gutters, sidewalks, crosswalks, water systems, drainage facilities, streetlighting facilities, street signs, monuments, sanitary sewerage, street shade trees, parks and other improvements until the same are completed to Township's satisfaction or accepted by the Township for public use, where appropriate, and for a period of 18 months thereafter to repair and reconstruct the same or any part of one of them when such repair or reconstruction shall be specified by the Township Council as necessary by reasons of faulty construction, workmanship or materials.

(4) To pay all costs, charges or rates of the utility furnishing electric service for the streetlighting facilities installed by the developer until such time as the streets shown on the development plans shall have been completed to the Township's satisfaction or accepted by the Township for public use, where appropriate, and to indemnify and save harmless the Township from and against all suits, actions, claims and demands for electric service as aforesaid, or any part thereof, to the time that said streets shall be accepted or condemned as public streets in the manner set forth.

(5) To post contemporaneous with the execution of such agreement a bond, with corporate surety approved by the Township Council, in such amount not less than 110% percent of the cost of all improvements, and in a form approved by the Township Solicitor, for the use of the Township (or in lieu of a bond, cash or negotiable securities in escrow deposited in a bank approved by the Township Council pursuant to an escrow agreement in a form approved by the Township Solicitor), conditioned upon the developer's proper completion of the improvements as set forth in Subsection A hereof and the developer's maintenance and repair of the same for the period of 18 months following completion.

(6) When the developer has completed all of the necessary and appropriate improvements, the developer shall be entitled to all the rights and remedies of Section 510 of the Pennsylvania Municipalities Planning Code, as amended.[1]

[1] Editor's Note: See 53 P.S. § 10510.

(7) Upon completion to the Township's satisfaction or at or before the acceptance of the improvements by the Township, where appropriate, for public use, to post a bond with corporate surety approved by the Township Council in an amount not less than 15% of the guaranty set by Subsection B(5) thereof and in a form approved by the Township Solicitor (or in lieu of a bond, cash or negotiable securities in escrow, deposit in a bank approved by the Township Council pursuant to an escrow agreement in a form approved by the Township Solicitor), conditioned upon the developer's repair or reconstruction of the improvements for the period of 18 months following the acceptance or condemnation of the same by the Township for public use where specified by the Township as necessary by reason of faulty construction, workmanship or materials.

(8) To reimburse the Township promptly for reasonable attorney's, engineers' and inspection fees and to obtain and pay for the easements and deeds of dedication and leases required above.

(9) To file two copies of a final plan with the Township Council accurately showing the location of all buried utility lines, underground drains, spring heads, storm drainage lines and permanent development monuments, as a condition precedent to acceptance of the streets and other required improvements.

(10) The provisions of this Subsection B shall not relieve the developer from the penalties provided for in the Second Class Township Code[2] for violation of the agreement and the Pennsylvania Municipalities Planning Code, as amended.[3]

[2] Editor's Note: See 53 P.S. § 65101 et seq.

[3] Editor's Note: See 53 P.S. § 10101 et seq.

C. Security for completion of improvements. In all cases where the necessary grading, paving and other street improvements required herein shall not have been installed in strict accordance with the standards and specifications of the Township, no development plan shall be approved unless and until a bond shall have been posted or escrow funds deposited as set forth in Subsection B(5) hereof, conditioned upon the developer's proper completion of the improvements and his maintenance and repair thereof for the period of 18 months following completion. No improvements shall be accepted by the Township for public use unless and until a bond shall have been posted or escrow funds deposited as set forth in Subsection B(5) hereof, conditioned upon the developer's repair or construction of the improvements for the period of 18 months following the completion to Township's satisfaction or acceptance of the same by the Township, where appropriate for the public use where specified by the Township as necessary by reason of faulty construction, workmanship or materials.

§ 210-116 Fees.

The applicant shall be required to pay to the Township review fees in accordance with the provisions of Section 503 of the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10503.

§ 210-117 Enforcement remedies.

Any person, partnership or corporation who or which violates any provision of this Article XII shall be subject to the enforcement remedies provided for in Section 712.2 of the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10712.2.