Township of Crescent, PA Planned Residential Developments

The application for tentative approval must be executed by the landowner or on his behalf by his legal representative and filed with the Township Secretary-Manager.

A processing fee in the amount established from time to time by resolution of the Board of Commissioners must be paid upon filing the application. The Township will not accept applications submitted without payment of the processing fee.

The Township will not accept an application which is incomplete on its face. The Secretary Manager will determine whether an application is complete on its face within 10 days after receiving it. If an application is found to be incomplete on its face, it will be returned to the developer with a written notice of its incompleteness and will be deemed not filed.

In order to make an application complete on its face, all drawings, plans and maps in the application, unless otherwise specified below, must be prepared at a scale ranging from one inch equals 20 feet to one inch equals 100 feet, as appropriate, to depict the entire PRD site on 24 inches by 36 inches plan sheets. All sheets must contain the name by which the PRD is to be identified, a scale, north arrow and dates of preparation and/or revision, the name(s) of the developer, and the name of the person(s) or firm(s) preparing the application.

In order to be complete on its face, the application for tentative approval must include nine copies of all materials listed below.

In order to be complete on its face, the tentative application must include the following items:

Legal description of the proposed PRD site and names and addresses of all owners of the site.

A vicinity map at a scale of one inch equals 1,000 feet showing the location and size of the proposed site, existing land use and zoning of land surrounding the site within a one-quarter mile radius, and the relationship of the site to adjacent properties, streets, and major public facilities (schools, parks, etc.).

A PRD site plan of the development, which must include the following information:

Location, boundaries of site and location of any municipal boundaries at or near the site.

Total acreage of the site and buildable acreage and delineation of areas used in the calculation of buildable acreage.

Existing and proposed topographical contour lines at not less than five-foot (vertical) intervals and the nearest benchmark from which they were derived.

All watercourses, water bodies, wetlands and floodplains located on the PRD site or within 200 feet of the site boundaries.

All existing and proposed structures, including buildings, (identified by use type), parking areas, fences, walls and similar structures.

Number, type, and density per types of dwelling units; total proposed units; and average gross residential density for the PRD.

(G)

Percentage and square footage of building coverage.

(H)

Maximum height of all structures.

(I)

Existing and proposed rights-of-way and easements (show location, boundaries and purpose).

(J)

Common open space and recreation areas/facilities (show location, type of use or facility, area in acres and square feet).

A utility plan at the same scale as the PRD site plan showing proposed sewage collection and disposal, water supply and distribution, gas, electric, cable TV, and telephone service, fire hydrants, and solid waste disposal. The plan shall show location, type, and size of ail lines and facilities. If the PRD is to be served by existing systems, the plan shall show the proposed connections and include documentation of the adequacy of the system to accommodate the additional load from the appropriate operating agency.

Interim facilities must be located for access to ultimate connection with the Crescent-South Heights Municipal Authority sewer line.

Where new or interim-use sewage treatment systems are proposed, the plan must describe these systems (location, type, size, capacity, etc.), provide documentation (i.e., engineering feasibility reports) as to their feasibility and ability to comply with local, state and federal laws, the proposed ownership and the methods for providing continuing operation and maintenance of the systems in accordance with the provisions of this chapter.

A circulation plan showing vehicular and pedestrian circulation including streets, driveways, paths, sidewalks, bikeways, parking and loading areas (show size and number of spaces). Notations of proposed ownership, rights-of-way and cartway widths, and construction types should be included as appropriate.

The plan must identify primary and secondary access points to the PRD from the existing public street system. The relationship of the vehicular and pedestrian (including bikes) circulation must be shown indicating the proposed treatment of any points of conflict.

The plan must include proposed methods for providing continuing maintenance of any street or pedestrianway not proposed for public dedication.

Street cross section schematics must be submitted for each general category of street, including the proposed width, treatment of curbs and gutters, sidewalks and bikeways. Where deviations are proposed from the construction standards of the Township, these should be noted.

The developer must submit a traffic impact study to demonstrate the proposed development's short- and long-term impact on the street system surrounding the PRD. The engineer responsible for this investigation must possess the qualifications and experience applicable to this subject area of engineering, and be satisfactory to the Township Engineer. All costs of this study will be borne by the developer. The traffic study must collect data on existing roadway characteristics (e.g., structural conditions) and traffic flow and volume. It must make five- and twenty-year forecasts of the average daily vehicle trips generated by the proposed development and distribute and assign these trips to the most reasonable travel paths over the adjacent street system.

All pertinent data (such as trip generation rates, traffic counts, etc.), computations and other information that will aid in the assessment of the report's funding, must be submitted with it. The Township Engineer or Planning Commission may request additional or supplementary information to clarify or further explain any of the study's findings or recommendations.

A preliminary drainage plan for providing stormwater management for the PRD. The plan must include a pre- and post-development hydrologic/hydraulic calculations used to prepare it and must show:

All permanent and temporary watercourses.

All existing and proposed on-site drainage structures (culverts, etc.), storm sewers, storage facilities (detention ponds, etc.), including the approximate design size and volume and preliminary design drawings.

All natural drainageways, dry gullies, diversion ditches, etc. which may be incorporated in the stormwater management system for the PRD.

All proposed outlet points for storm drainage from the size, including the name of the drainageway (if appropriate).

Downstream conditions of any problems or restrictions which have been identified by local stormwater studies/plans or by the developer.

If the developer proposes to construct or improve any off-site drainage structure or facility, the plan must identify the nature of the improvement, the existing owner, any proposed cost-sharing with the owner, and the time schedule for completing the improvement, and the method for assuring permanent availability of the drainage facility (e.g. covenants).

(vii)

A preliminary grading and erosion/sedimentation plan in accordance with § 440.04D3.

(viii)

Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.

(ix)

A preliminary landscaping, lighting, and signing plan indicating the treatment of materials used for private and common open spaces and parking areas, including existing trees and vegetation to be preserved by size and species and the methods to protect them during construction; size and species of intended plantings; treatment of the required perimeter buffer area; and screens, wails and fences and other landscaped buffer areas. The landscaping plan must also show the lighting for streets and common areas and proposed signage within the PRD (identification, directional, street signs, etc.).

(x)

A development schedule indicating the approximate date when the final application for each phase will be filed with the Township; the time each phase can be expected to begin and to be completed; and the phasing of the construction of public improvements, recreational and common open space areas. A site plan illustrating the phasing must be included.

(xi)

The substance of covenants, grants of easements, or other restrictions to be imposed upon the use of land, buildings, and structures within the PRD, including proposed grants or/easements for public utilities.

(xii)

A common open space and facilities management plan for the ownership and maintenance of all common open spaces, recreation areas, parking areas, facilities, and/or buildings.

(xiii)

A listing of Township, county, state or federal approvals and/or permits required by the proposed development, based on the tentative development plan.

(xiv)

A statement of planning objectives indicating the reasons that the developer believes the proposed PRD is in the public interest and is consistent with the community development objectives contained in the Township Comprehensive Plan.

(g)

Additional application requirements. Where, because of the magnitude of the planned residential development or the possible impact of the planned residential development upon the environment or surrounding neighborhood, the Planning Commission determines that additional information and data are required in order to properly evaluate the development plan, the Planning Commission may, within 30 days of filing of a facially complete application, require additional information and documentation before an application is deemed wholly complete.

Distribution of application; reports.

The Secretary-Manager will promptly forward one copy of every complete and properly filed application for tentative approval to the Township Planning Commission for study and recommendation.

The Secretary-Manager will promptly forward one copy of every facially complete and properly filed application for tentative approval to the Allegheny County Planning Commission for study and recommendation. The Allegheny County Planning Commission shall review and report within 30 days of referral or forfeit the right to review in accordance with the Pennsylvania Municipalities Planning Code.

The Secretary-Manager will promptly forward one copy of every facially complete and properly filed application for tentative approval to the Township Engineer for technical study and recommendation. The Township Engineer shall review and report to the Township Planning Commission within 30 days of referral.

The Secretary-Manager will promptly forward copies of every facially complete and properly filed application for tentative approval to the Creswell Heights Joint and Creswell-South Heights Municipal Authorities for study and recommendation.

The Secretary-Manager will promptly forward one copy of every facially complete and properly filed application for tentative approval to the Allegheny County Health Department for study and recommendation.

Copies of the reports of all of the above reviewing entities will be furnished to the applicant and to any other interested party upon request and upon payment of copying charges.

Public hearing.

Within 60 days after the filing of an application for tentative approval of a planned residential development, a public hearing pursuant to public notice on the application will be held by the Board of Commissioners in the manner prescribed in the Pennsylvania Municipalities Planning Code. The Board of Commissioners shall keep a stenographic record of the proceedings. The appearance fee for a stenographer will be shared equally by the applicant and the Board. The cost of the original transcript will be paid by the Board if the transcript is ordered by the Board or must be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies must be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript must bear the cost thereof.

The Board of Commissioners may continue the hearing from time to time, and where applicable, may refer the matter back to the Planning Commission for a report, provided, however, that in any event, the public hearing will be concluded within 60 days after the date the first public hearing first commenced.

Criteria for tentative approval. Upon review of the application for tentative approval, the reports submitted thereon, and the facts established in public hearing, the Board of Commissioners will give tentative approval to a proposed development plan if and only if it is found to meet the following criteria:

The proposed development plan complies with all applicable standards and conditions of this chapter and is found by the Board of Commissioners to be consistent with the Comprehensive Plan.

The proposals for the maintenance and conservation of any proposed common areas, facilities and open space are reliable, and the amount and extent of improvements of such areas is adequate with respect to the purpose, use and type of residential development proposed.

The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.

The total environment of the proposed development plan is harmonious and consistent with the neighborhood in which it is located.

The proposed development plan will afford an equal or greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property were developed in accordance with the provisions of the Zoning and Subdivision Ordinances which otherwise apply.[1]

[1]

Editor's Note: See Ch. 430, Zoning, and Ch. 440, Subdivision and Land Development.

In the case of a development plan which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

Grant, conditional grant, or denial of tentative approval; findings.

The Board of Commissioners, within 60 days following the conclusion of the public hearing provided for in this chapter, shall, by official written communication to the landowner, either: grant tentative approval of the development plan as submitted;

Grant tentative approval of the development plan as submitted;

Grant tentative approval subject to the specified conditions not included in the development plan as submitted; or

Deny tentative approval of the development plan.

Failure of the Board of Commissioners to act within 60 days of the conclusion of the public hearing will be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Board of Commissioners, notify the Board of his refusal to accept all said conditions, in which case, the Board of Commissioners will be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within 30 days, notify the Board of his refusal to accept all conditions, tentative approval of the development plan, with all said conditions, will stand as granted.

The grant or denial of tentative approval by official written communication will include not only conclusions but also findings of fact related to the specific proposal and will set forth the reasons for the grant, with or without conditions, or for the denial, and the communication will set forth with particularity in which 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:

Those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township;

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

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

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

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

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

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

Status of development plan after tentative approval.

The official written communication provided for in this chapter will be certified by the Township Secretary-Manager and will be filed in her office, and a certified copy will be mailed to the landowner. Where tentative approval has been granted, it will be deemed a pending amendment to the Zoning Map, effective upon final approval, and will be noted on the Zoning Map.

Tentative approval of a development plan does not qualify a plat of the planned residential development 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), may not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner elects to abandon said development plan and notifies the Board of Commissioners in writing, or in the event the landowner fails to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval will 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 will be subject to those local ordinances otherwise applicable there as they may be amended from time to time, and the same will be noted on the Zoning Map and in the records of the Secretary Manager.

Application for final approval

Development in phases. A developer may construct a planned residential development in phases if the following requirements are met:

The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each phase.

At least 20% of the dwelling units in the planned residential development given tentative approval must be included in the first phase.

At least 50% of the dwelling units in any phase shall be rented or sold before any commercial development shown in that stage can commence.

The second and subsequent stages shall be consistent with the tentatively approved plan. In no event shall the second or any subsequent phases contain less than 20% of the dwelling units receiving tentative approval.

Gross residential density may be varied from phase to phase. However, final approval will not be given to any phase if the net density of the area which includes phases already finally approved and the phase for which final approval is being sought exceeds by more than 10% the gross density allowed for the entire planned residential development in the tentatively approved plan. Where it is necessary to allocate open space to early stages to avoid exceeding the maximum gross residential density, the developer will be required to establish said open space in the manner prescribed in the tentative approval.

Each phase of development must be functionally, economically and aesthetically viable and complete in accordance with the tentatively approved plan, but also designed for completion of the remaining phases in the tentatively approved plan in an integral and functionally and economically efficient manner.

Scope of application. The application for final approval of the PRD plan may be either for all the land included in the plan, or, to the extent set forth in the tentative approval, for a section thereof in accordance with an approved phase of development. The final application shall be made to the Board of Commissioners within the time specified by the communication granting tentative approval.

Formal requirements for application.

The application for final approval must be executed by the landowner or on his behalf by his legal representative and filed with the Township Secretary-Manager. A processing fee in the amount established from time to time by resolution of the Board of commissioners must be paid upon filing the application. The Township will not accept applications submitted without payment of the processing fee.

The application must include a final PRD site plan, at a scale ranging from one inch equals 20 feet to one inch equals 100 feet, as appropriate, to depict the entire PRD site on twenty-four-inch by thirty-six-inch plan sheets. All sheets must contain the name by which the PRD is to be identified, a scale, north arrow and dates of preparation and/or revision, the name(s) of the developer, and the name of the person(s) or firm(s) preparing the application. The final PRD site plan must include the following information:

Location, boundaries of site and location of any municipal boundaries at or near the site.

Total acreage of the site and buildable acreage and delineation of areas used in the calculation of buildable acreage.

Existing and proposed topographical contour lines at not less than five-foot (vertical) intervals and the nearest benchmark from which they were derived.

All watercourses, water bodies, wetlands and floodplains located on the PRD site or within 200 feet of the site boundaries.

All existing and proposed structures, including buildings (identified by the use type), parking areas, fences, walls and similar structures.

Number, type and density per types of dwelling units; total proposed units; and average gross residential density for the PRD.

(vii)

Percentage and square footage of building coverage.

(viii)

Maximum height of all structures.

(ix)

Existing and proposed rights-of-way and easements (show location, boundaries and purpose).

(x)

Common open space and recreation areas/facilities (show location, type of use or facility, area in acres and square feet).

The application must include the following street and road construction details:

Existing natural profiles along the center line of each proposed street, and, if the slope within cartway area exceeds 5%, along both cartway edges;

Proposed finish grade of the center line and, in any case where the road shall not conform to typical cross section, proposed finish grade at the top of both curbs or pavement edges;

The length and function of all vertical curves;

Location and profile of all existing and proposed sanitary sewer mains and manholes, storm sewer mains, inlets, manholes and culverts, and water mains and fire hydrants;

Typical cross sections of all roads, culverts, manholes, and other improvements;

Final design drawings for the improvement of the existing streets, such as intersection modifications, street realignment or traffic signalization.

The application must include a utility plan at the same scale as the PRD site plan showing proposed sewage collection and disposal, water supply and distribution, gas, electric, cable TV, and telephone service, fire hydrants, and solid waste disposal. The plan shall show location, type, and size of all lines and facilities. If the PRD is to be served by existing systems, the plan shall show the proposed connections and include documentation of the adequacy of the system to accommodate the additional load from the appropriate operating agency.

Interim facilities must be located for access to ultimate connection with the Crescent-South Heights Municipal Authority sewer line.

The application must include a circulation plan showing vehicular and pedestrian circulation including streets, driveways, paths, sidewalks, bikeways, parking and loading areas (show size and number of spaces). Notations of proposed ownership, rights-of-way and cartway widths, and construction types should be included as appropriate.

The plan must include proposed methods for providing continuing maintenance of any street or pedestrian way not proposed for public dedication.

The application must include a drainage plan for providing stormwater management for the PRD. The plan must include a pre- and post-development hydrologic/hydraulic calculations used to prepare it and must show:

All permanent and temporary watercourses.

All existing and proposed on-site drainage structures (culverts, etc.) storm sewers, storage facilities (detention ponds, etc.), including the approximate design size and volume and preliminary design drawings.

All natural drainageways, dry gullies, diversion ditches, etc. which may be incorporated in the stormwater management system for the PRD.

All proposed outlet points for storm drainage from the size, including the name of the drainageway (if appropriate).

Downstream conditions of any problems or restrictions which have been identified by local stormwater studies/plans or by the developer.

(g)

The application must include a grading and erosion/sedimentation plan in accordance with § 440.04D3.

(h)

The application must include architectural drawings illustrating exterior and interior designs of typical residential buildings of each type and of each nonresidential structure to be constructed, including statements and illustrations of materials to be used in construction.

The application must include final drafts of all offers of dedication, covenants, easements, deed restrictions and maintenance agreements to be imposed upon the use of land, buildings and structures, and pertaining to the ownership, use and maintenance of all common open space areas and any other common facilities hereof and including proposed grades and/or easements for such utilities.

(j)

The application must include a landscaping plan and schedule, including but not limited to the following:

A landscape plan indicating the treatment of exterior spaces. The design objective of the plan must be clear and supported by a detailed written statement. Plant material selection will be reviewed for adaptability to physical conditions indicated by site plan locations. The landscape plan must include the following:

Extent and location of all plant materials and other landscape features. Plant material must be identified by direct labeling on the plant or by a clearly understandable legend.

Flower and shrub bed definition must be clear and drawn to scale with dimensions.

Proposed plant material should be indicated at mature sizes and in appropriate relation to scale.

Species and size of existing plant materials.

Proposed treatment of all ground surfaces must be clearly indicated (paving, turf, gravel, grading, etc.)

Location of water outlets. If areas of planting are extensive, plans for an underground sprinkler system will be required.

(G)

Plant material schedule with common and botanical names, sizes, quantities, and method of transplant.

Location, type, size, height and design of lighting fixtures for streets and common open areas and signage within the PRD.

(k)

The application must include copies of all local, county, state and/or federal approvals and/or permits issued by the respective government agencies. In the event that any of these permits have not been received at the time the final plan is submitted, copies of the permit application, or a letter from the permit agency that the application is being reviewed, shall be submitted. Final plan approval may be granted subject to the receipt of all required permits, however, no building permit shall be issued until all permits have been obtained.

(l)

The application must contain a development schedule indicating the approximate date each phase can be expected to begin and to be completed; and the phasing of the construction of public improvements, recreational and common open space areas. A site plan illustrating the phasing must be included.

(m)

The application must contain a development agreement and performance guarantee as set forth below.

Guarantee of required improvements. The improvements listed in § 440.04 of the Codified Ordinances of Crescent Township will be required to be guaranteed as provided below before final approval will be granted on any development plan or phase thereof.

Development agreement. Prior to the approval of the final PRD application, the developer and the Board of Commissioners shall sign a development agreement, prepared by the Township Solicitor, which guarantees the completion of all required improvements and incorporates and specific actions which the developer shall take in accordance with the tentative and final PRD plan approvals.

Performance guarantee.

Prior to the release of the approved final plan for recording, the developer shall guarantee the installation of all required improvements by posting a performance guarantee, in accordance with Pennsylvania law. The amount shall be 110% of the cost of all improvements for that portion of the development for which final plan approval has been granted. The costs shall be based on bona fide bid(s) by the contractors chosen by the developer to complete the improvement.

The performance guarantee may be either a performance bond with a corporate surety, an escrow deposit, or other security acceptable to the Township. The performance guarantee must be submitted in a form and with a surety approved by the Township Solicitor guaranteeing the construction and installation of all improvements within one year of the date fixed in the final approval.

The amount of performance guarantee may be reduced as and when portions of the required improvements have been installed, and shall be released upon satisfactory completion of all improvements.

Required improvements. Those improvements which are required to be guaranteed by the developer under this subsection include all streets, roads and common driveways, the complete storm drainage system, all necessary interim or final erosion and sedimentation control measures, all utilities, water supply and sewage collection systems for access by dwelling units, lighting for roads, streets and common driveways and electric supply for parking and common area lighting.

Review procedure.

A public hearing on an application for final approval of the development plan or part thereof is not required, provided the development plan or part thereof submitted for final approval is in full or strict compliance with the development plan given tentative approval and with any specific conditions attached thereto.

When a complete final application has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the official written communication of tentative approval, the Board of Commissioners shall, within 45 days of such filing, grant final approval to said plan.

When the final application contains variations from the plan given tentative approval, the Board of Commissioners may refuse to grant final approval and shall, within 45 days of the filing, so advise the applicant of said refusal, setting forth the reasons why one or more of the variations is not in the public interest.

When a final application is refused, the applicant may either refile his application without objectionable variations, or request a public hearing on his application for final approval. Either action must be taken within the time which the applicant was entitled to apply for final approval or within 30 additional days if the said time already passed when the applicant was advised of the denial.

If no action is taken by the applicant, the plan is deemed to have been abandoned. If a public hearing is requested, it shall be conducted in the same manner prescribed for tentative approval. Within 30 days after the hearing, the Board of Commissioners shall, by written communication, either grant or deny final approval in the form and content required for an application for tentative approval.

Status of the plan after final approval.

A PRD plan or any part thereof which has received final approval must be certified by the Board of Commissioners and filed by the developer within 90 days with the Allegheny County Recorder of Deeds. Should the plan not be recorded within such period, final approval of the Board of Commissioners will become null and void. No development may take place until the plan has been recorded, and from that point in time, no modification of the provisions of said plan or part thereof as finally approved shall be made without the consent of the landowner.

In the event a plan or section thereof has been given final approval and the landowner decides to abandon said plan or section and so notifies the Board of Commissioners or fails to commence and carry out the development plan in accordance with the time provisions in Section 508 of the Pennsylvania Municipalities Planning Code, no development shall take place on the property included in the plan until after the property is resubdivided and/or reclassified by enactment of an amendment to the Township Zoning Ordinance.

Enforcement and modifications of approved plan. To further mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modifications, if any, in the development plan do not impair the reasonable reliance of the PRD residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement, or otherwise, will be carried out according to the provisions of Section 706 of the Pennsylvania Municipalities Planning Code.

§ 450.03 Standards for planned residential developments.

[Ord. No. 421, passed 2-9-1994]

Ownership. The entire site included in the development plan must be owned or controlled by the developer, who must have sole authority and responsibility for development of the site.

Permitted uses.

A-1, R-1, R-2 Zones. Permitted uses are limited to single-family dwellings, two-family dwellings, multiple-family dwellings, accessory uses and open space and nonprofit recreation facilities/areas, such as tot lots, playfields, swimming pools, tennis courts, hiking trails, picnic areas, community buildings and similar uses deemed appropriate by the Township for incorporation into the design of the development.

B-1 Zone. Permitted uses are limited to those listed above plus bank or savings and loan offices, professional offices and convenience grocery stores, provided they do not occupy in total more than 10% of the total plan area of all residential structures in the PRD.

B-2 Zone. Permitted uses are limited to those listed above plus the following, provided they do not occupy in total more than 20% of the total plan area of all residential structures in the planned residential development:

Bank or savings and loan offices.

Professional offices.

Convenience grocery stores.

Barbershops.

Beauty shops.

Clubs, fraternal organizations, residence clubs.

(g)

Health spas; commercial recreation.

(h)

Laundry or cleaning agency for deposit and pickup only.

Private or public civic, social, recreational, educational or cultural centers.

(j)

Restaurants.

(k)

Studios for art, dancing or music activities.

Nothing contained in this chapter is intended, nor may it be interpreted or construed in any way, to include mobile homes, mobile home parks, manufactured homes or manufactured home parks as defined in the Codified Ordinances of Crescent Township as a permitted use under this chapter.

Site layout requirements/restrictions.

Minimum site size. The site must comprise a minimum of 10 contiguous acres if located in an A-1 Zone, or five contiguous acres if located in the R-1, R-2, B-1 or B-2 Zones.

Access.

The site must provide for direct access from a through highway, as defined in PennDOT regulations, Title 67, 211.1 of the Pennsylvania Code, to ensure convenient and safe access which will not cause undue congestion or hazard on local streets. PRDs of 60 dwelling units or more must provide also one or more secondary accesses to a through highway.

All entrances/exits to the PRD, and streets and driveways within the PRD, must comply with Pennsylvania Department of Transportation (PennDOT) requirements ("Access to and Occupancy of Highways by Driveways and Local Roads," 67 PA Code, Chapter 1) and applicable Township specifications. If access is proposed from a state- or county-owned road, a copy of the required access permit must be submitted to the Township prior to final approval of the PRD.

Entrances/exits for the PRD may not be located within 150 feet of any other street intersection. No application shall be approved for any PRD, unless all entrances/exits meet the minimum acceptable sight distance requirements contained in the most current PennDOT regulations.

Layout to avoid perils. The site shall be of such a character so as to avoid danger to health or peril from fire, flood or other hazard.

Maximum density of dwelling units.

The density in a planned residential development may not exceed the following ratios:

	Zone	Dwelling Units per Acre
	A-1	3.0
	R-1	8.0
	R-2	10.0
	B-1	15.0
	B-2	15.0

The Board of Commissioners may further limit density by an amount which is sufficient to avoid the creation of any of these conditions:

Inconvenient or unsafe vehicular and pedestrian access to the planned residential development;

Traffic congestion on streets which adjoin the planned residential development;

An excessive burden on parks, recreation areas, schools, and other public facilities or public facilities which serve or are proposed to serve the planned residential development;

Hazardous conditions for the operation of emergency services and public safety functions.

Building setbacks; yards; buffers: setbacks, yards and buffers are established as follows:

Setback along through highways. PRDs in all zones are subject to a fifty-foot building setback from through highways.

Buffer setbacks for R-1 Zone. PRDs in an R-1 Zone or adjacent to an R-1 Zone are subject to a fifty-foot building setback as a buffer along all PRD site boundaries in the R-1 Zone or bordering an R-1 Zone.

Standard building setbacks. All buildings in PRDs are subject to the following standard building setbacks from lot boundaries and any streets planned to be dedicated as public streets or used as common roadways or driveways:

Zone	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)	Minimum Distance Between Residential Buildings (feet)
A-1	50	30	50	60
R-1	25	10	25	30
R-2	25	10	25	30
B-1	15	10	15	20
B-2	15	10	15	20

Maximum buildable acreage for residential buildings. The maximum buildable acreage for residential buildings, expressed as the total residential building plan area as a percentage of the total site area, is restricted as follows:

	Zone	Percentage of Total Site Area
	A-1	10%
	R-1	20%
	R-2	20%
	B-1	25%
	B-2	25%

Common open space requirements.

Minimum. A minimum of 25% of the total land area of a planned residential development site must be designated as common open space. This common open space must be subject to provisions which assure the continued availability and maintenance of such open space for the use and benefit of the residents of the planned development.

Undisturbed area. Included in the common open space must be a minimum of 10% of the total site area designated as natural area, which must be undisturbed land remaining essentially in its natural state with all foliage remaining.

Recreation area. Also included in the common open space must be a minimum of 5% of the total site area designated as recreation areas, which must include recreation facilities approved by the Board of Commissioners such as swimming pools, tennis courts, playground equipment, picnic facilities, clubhouse, playfields, and the like.

Parking areas.

Required spaces. The PRD must provide at least two off-street parking spaces per dwelling unit. Where a dwelling unit includes a one-, two- or three-car integral garage, the PRD need only provide at least one additional off-street parking space, not in a driveway, for that unit.

Size of spaces. Each outside parking space must be at least 10 feet by 20 feet in size.

Access. No off-street parking space other than a single-family driveway may open directly onto an existing or planned public street.

The maximum permissible slope of any parking area is 7%. The maximum permissible slope of any parking area intended for access and use by handicapped persons is 2%.

Layout of parking areas. Parking areas must be sited to ensure convenient access to all dwelling units not having integral garages, and must be grouped and interspersed with landscaping to be compatible with the architecture and character of the PRD and the surrounding neighborhood.

Building design restrictions.

A-1, R-1, R-2 Zones. Buildings may not exceed a height of three stories, plus one-story basement or parking level, or 45 feet measured from the lowest point of intersection of the structure with the ground to the highest peak of the roof.

B-1, B-2 Zones. Buildings may not exceed a height of six stories, plus one-story basement or parking level, or 80 feet measured from the lowest point of intersection of the structure with the ground to the highest peak of the roof.

Architecture. The architectural design of all buildings must be in character with that of the existing residential buildings in the neighborhood in which the PRD is located.

All buildings and structures in the PRD must be of a permanent design and construction, having a foundation, permanent drainage system, and exterior finishes similar to those of the residential buildings in the PRD.

Site design and construction requirements restrictions.

Grading. Site grading must be designed and planned to preserve the existing natural topography, trees and geologic features and to prevent soil erosion and sedimentation.

Erosion and sedimentation control. Erosion control measures, both during and after construction, such as minimizing the areas of exposed soil, mulching, building silt catchment basins and planting ground cover must be employed as necessary to prevent erosion and sedimentation damage to the natural landscape and to the property of others. Erosion and sedimentation control is subject to and must comply with Pennsylvania Department of Environmental Resources regulations.

Stormwater management. The developer must provide within the planned residential development a storm drainage system, designed and sealed by a registered professional engineer approved by the Township, which must be of sufficient design to collect, carry off and dispose of all predictable surface water runoff within the planned residential development, and must be constructed as to conform with regulations of the Township, and of the Pennsylvania Department of Environmental Resources, and is subject to the Pennsylvania Stormwater Management Act and the approval of the Township Engineer. The development may be subject to the stormwater management plan which has been adopted by Allegheny County. During construction the storm drainage system will be subject at the developer's expense to inspection and approval of the Township Engineer at intervals he shall determine in advance.

Sewage system. The developer must provide within the planned residential development a sanitary sewage disposal system, designed and sealed by a registered professional engineer approved by the Township, which must be of sufficient design to collect and dispose of all sewage from all existing and proposed structures in the planned residential development, and must be constructed and maintained in conformity with regulations of the Township of the Allegheny County Health Department, and of the Pennsylvania Department of Environmental Resources, and is subject to the approval of the Township Engineer and the Crescent-South Heights Municipal Authority.

Water supply; utilities.

Water supply. The planned residential development must provide for a complete public water system in accordance with Township standards and approved by the Township Engineer and the Creswell Heights Joint Authority. The public water system shall provide for adequate fire hydrants as determined by Township officials.

Other utilities. The planned residential development must provide easements for all utilities to be placed underground and must provide service to ail buildings. If the placement of electrical, CATV and telephone lines underground requires additional cost, the additional cost will be borne by the developer.

Design of streets, driveways, parking areas, walks and bikeways.

All streets and roads planned for dedication to the public must be designed and constructed according to the standards set forth in § 440.03 of this Part and in Part 7, Chapter 720 of the Codified Ordinances of Crescent Township. During construction, all streets planned for dedication will be subject at the developer's expense to inspection and approval of the Township Engineer at intervals he shall determine in advance. The Board of Commissioners may require streets planned for dedication to the public to be accompanied by sidewalks constructed in accordance with Part 7, Chapter 730 of the Codified Ordinances of Crescent Township.

All walks and bikeways must be hard-surfaced with either concrete, asphaltic concrete or other permanent, all-weather, dust-free surface, with the exception of tar-and-slag or tar-and-chip.

All common, semiprivate or private driveways not planned for dedication as public streets and all parking areas must be hard-surfaced with either concrete, asphaltic concrete or other permanent, all-weather, dust-free surface approved by the Board of Commissioners.

Landscaping.

Buffers. Where the PRD abuts developed property used for residential purposes, the Township may require landscaping or the augmentation of existing growth with additional landscaping to create an attractive and effective buffer area with respect to privacy and noise.

Open areas. All open land areas, other than those designated as natural areas, shall be landscaped in accordance with the approved landscaping plan.

Recreation areas. At least 5% of the total site area must be constituted of active recreation facilities, such as playfields, playgrounds, courts, community buildings and similar uses. The specific type and amount of such facilities will be determined by the needs of the residents of the proposed development. Documentation of the projected characteristics (i.e., age, sex, income) of the PRD residents, which the developer Used for selecting the types and quantities of active recreation facilities for the PRD, shall be submitted with the tentative application.

Lighting of common areas. The PRD must include as part of its common facilities permanent automatic outdoor lighting of streets, common driveways, common parking areas and common walkways as reasonably necessary to enhance the safety of the residents.

Provisions for management and maintenance of common areas and facilities; dedication to the public.

Common areas and facilities.

Applicability. Provisions for the continuing operation, administration and maintenance of all common open spaces and facilities must be set forth in the common open space and facilities management plan for the PRD, which is subject to the approval of the Board of Commissioners. The management plan must cover all common areas or facilities such as undeveloped open space, recreation areas, streets, driveways, walks, utilities and stormwater control facilities. The plan may provide for either public or private ownership and maintenance, or a combination of both.

Ownership.

Any of the following methods may be used, either individually or together, to preserve, own, and maintain common open space and facilities: condominium homeowner's association, dedication in fee simple, conveyance of development rights or easements, and transfer of fee simple title or development rights and easements to a private conservation organization. Such land or facility will not be eligible for transfer to another party except for transfer to another method of ownership permitted under this section and then only where there is no change in the open space ratio or approved use of the facility. The following specific requirements are associated with each of the various methods:

Condominium. The common areas may be controlled through the use of condominium agreements. Such agreement must be in conformance with the Uniform Condominium Act of 1980 (68 Pa. C.S.A. 3101-3414). All open space land and/or common facilities shall be held as "common element."

Homeowners' association. Common areas may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners associations set forth in Article VII, Section 705-d(2) of the MPC.

Fee simple dedication. The Township may, but will not be required to, accept any portion or portions of the common open space or facilities, provided: (1) such land is accessible to the residents of the Township; (2) there is no cost of acquisition (other than any costs incident to the transfer of ownership such as title insurance); and (3) the Township agrees to and has access to maintain such lands.

Dedication of development rights or easements. The Township may, but will not be required to, accept easements for public use of, and/or development rights to, any portion or portions of common areas, title of which is to remain in ownership by condominium or homeowners' association, provided: (1) such land is accessible to the residents of the Township; (2) there is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance); and (3) a satisfactory maintenance agreement is reached between the developer and the Township.

Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or the development rights or easements, to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that: (1) the organization is acceptable to the Township, and is a bona fide conservation organization with the perpetual existence; (2) the conveyance contains appropriate provision for the proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and (3) a maintenance agreement acceptable to the Township is entered into by the developer and the organization, which provides that the Township shall be a third party beneficiary to said agreement.

Specific requirements for homeowners' associations.

If a homeowners' association is formed, it will be governed according to the following regulations:

The developer shall provide to the Township a description of the organization, including its bylaws and methods for maintaining the common open spaces and facilities.

The organization must be established by the developers and must be operating (with financial subsidization by the developer, if necessary) before the sale or lease of any lots or units within the development.

Membership in the organization is mandatory for all purchasers of property therein and their successors.

The organization must be responsible for maintenance of and insurance and taxes on common open space and facilities.

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

In the event of any proposed transfer common open space land by the homeowners' association within the methods here permitted, or if the assumption of maintenance of common open space or facilities by the Township as hereinafter provided; notice of such action shall be given to all property owners within the planned residential development.

(G)

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

(H)

The property owners organization may lease back common open space lands or facilities to the developer, his heirs or assigns, or to any other qualified person or corporation for operation and maintenance of such areas, but such a lease agreement must provide: (1) that the residents of the planned residential development will at all times have access to the common open space or facilities contained therein; (2) that the common area(s) to be leased must be maintained for the purposes set forth in this ordinance; and (3) that the operation of areas or facilities may be either for the benefit of the residents only or open to the residents of the Township.

(I)

The lease is subject to the approval of the Township and any transfer or assignment of the lease is further subject to the approval of the Board of Commissioners. Lease agreements so entered upon must be recorded by the developer with the Recorder of Deeds of Allegheny County within 30 days of their execution. A copy of a recorded lease must be filed with the Secretary-Manager.

Maintenance.

In the event that the organization established to own and maintain the common open spaces and/or facilities ("common areas") or any successor organization, at any time after establishment of the planned residential development fails to maintain the common areas in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development, setting forth the manner in which the organization has failed to maintain the common areas. This notice will include a demand that such deficiencies of maintenance be cured within 30 days thereof, and will state the date and place of a hearing thereon which will 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/or may give an extension of time within which they must be corrected.

If the deficiencies set forth in the original notice or in the modifications thereof are not corrected within 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 areas from becoming a public nuisance, may enter upon said common areas and maintain the same for a period of one year.

Such entry and maintenance will not constitute a taking of said common area and will not vest in the public any rights to use the common area except when the same is voluntarily dedicated to the public by the residents and owners and such dedication is acceptable to the Township. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization previously responsible for the maintenance of the common area call a public hearing upon notice to such organization or the residents and owners of the planned residential development 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 determines that such organization is ready and able to maintain said common areas in a reasonable condition, the Township shall cease to maintain said common areas at the end of the said year. If the Township determines such organization is not ready and able to maintain said common areas in a reasonable condition, the Township may, in its discretion, continue to maintain said common area during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any case constitutes a final administrative decision subject to judicial review.

The cost of such maintenance and enforcement proceedings by the Township will be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common area, and if said costs are not recovered then they will become liens on said properties. The Township, at the time of entering upon such said common area for the purpose of maintenance, shall file such a notice of such lien, in the office of the Prothonotary of Allegheny County, upon the properties affected by such lien within the planned residential development.

Dedication to the public.

All streets, recreational facilities, surface drainage, water and sewer facilities, and other improvements shown on the final plan will be privately owned until such time as such improvements, together with appropriate easements as determined by the Township Engineer, have been offered for dedication to the Township, the Crescent-South Heights Municipal Authority or the Creswell Heights Joint Authority, as appropriate, and accepted by ordinance by the Board of Commissioners.

The Township is not bound to accept any offer of dedication unless it decides after due consideration that acceptance is in the public interest.

Before accepting any such offer of dedication, the Township will require the developer to file a maintenance guarantee in an amount not less than 15% of the actual cost of the installation of the improvements. Such maintenance guarantee will be in a form and with a surety approved by the Township Solicitor, guaranteeing that the developer will maintain all such improvements in good condition for a period of 18 months after the date of acceptance of dedication.

At the end of the said period, if the improvements are in good condition, the Township shall release the maintenance bond. Prior to such release, the Township may require any needed items of maintenance to be completely and satisfactorily performed.

Before the Township accepts dedication of any improvements, the developer must submit two copies of an as-built plan. The as-built plan must show the location, dimension elevation of all improvements proposed for dedication, and it must note all deviations from the previously approved final plan and drawings.