Township of Carroll, PA Planned Residential Development

Each applicant may confer with the Township Zoning Officer to schedule a preapplication conference. It shall be the responsibility of the Zoning Officer to arrange such a conference with such Township officials who, in the opinion of the Zoning Officer, should be participants. The conference may include members or a designated committee of the Township Planning Commission; the Township Engineer; the Township Solicitor; the Township Supervisors, or a representative thereof; local utility service representatives; fire, police and recreation officials; and such other government-related representatives as deemed appropriate by the Zoning Officer to be included in the preapplication conference.

No formal requirement for plan or material submission is established for the preapplication conference. However, the level of data the developer presents, such as sketch plans, land use concepts, density ranges proposed, ancillary use proposals, site information, existing perimeter conditions, access considerations and utility needs, will determine the amount of direction he will receive for guidance in preparing an acceptable plan for local approval.

The developer's request to participate in one or more preapplication conferences shall not constitute a formal filing of application for tentative or final approval.

Application for tentative approval. A tentative development plan shall be presented in sufficient detail to provide the Township Board of Supervisors with a major substantive review of the proposed planned residential development. This step of the approval process shall be initiated by or on behalf of the landowner through the submission of 11 copies of a formal application for tentative approval of a planned residential development to the Township. The following documentation shall be submitted in support of the application:

Written documents.

A legal description of the total site proposed for development, including a statement of present and proposed ownership, and the names and addresses of all owners of adjacent property.

A statement of planning objectives to be achieved by the PRD through the particular approach proposed by the applicant. The statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. Every application shall be based on and interpreted in relation to the Comprehensive Plan for development of the Township.

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PRD, such as land areas, dwelling units, etc.

Quantitative data for the following: total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space, including a separate figure for usable open space; total amount of nonresidential construction, including a separate figure for commercial facilities; economic feasibility studies and/or market analysis where necessary, and other studies as may be designated by the Township Supervisors.

The disposition of open space lands and the provisions for their maintenance and control. The financial responsibility for such open space lands must be clearly indicated.

Demonstration of the applicant's financial ability and professional competency to carry out the plan and his awareness of the physical and financial scope of such project.

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

(h)

An assessment documenting compliance with Subsections 4 and 5 of § 707 of the MPC.[1] Such assessment shall indicate reasons why the planned residential development is consistent with the Township's Comprehensive Plan and is in the best interest of the Township.

[1]

Editor's Note: See 53 P.S. § 10707(4) and (5).

Site plan and supporting maps. A site plan at a scale no smaller than one inch equals 100 feet and any maps necessary to show the major details of the proposed PRD shall contain the following minimum information, in addition to any and all criteria enumerated in §§ 225-11 and 225-13 of Chapter 225, Subdivision and Land Development, of the Code of Carroll Township:

The existing site conditions, including contours at a minimum interval of two feet up to ten-percent slope and a minimum interval of five feet for over 10% slope, watercourses, floodplains, unique natural features, and forest cover and other natural vegetation considered significant by the Township and its Engineers.

Proposed lot lines and plot designs.

The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units by code, density per type and nonresidential structures, including commercial facilities. A detail drawing which shows the typical placement of residential structures on building lots shall be submitted. In addition, all proposed nonresidential structures shall be identified on the site plan. Preliminary evaluations and/or architectural renderings of typical structures and improvements shall be provided. Such drawings shall be sufficient to relay the basic architectural intent of the proposed improvement but should not be encumbered with final detail at this stage.

The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic uses.

The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. Detailed engineering drawings of cross sections and street standards shall be handled in the final development plan stage.

The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict.

The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.

(h)

A general landscape plan indicating the treatment of materials used for private and common open spaces. The landscape plan should be in general schematic form at this stage. A grading plan is not required at this stage.

(i)

Enough information on land areas adjacent to the proposed PRD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape.

(j)

The proposed treatment of the perimeter of the PRD, including materials and techniques used, such as screens, fences and walls.

(k)

Any additional information, as required by the Board of Supervisors, necessary to evaluate the character and impact of the proposed PRD.

Projected scheduling of phases. In the case of development plans which call for development over a period of years, the developer must submit for approval by the Board of Supervisors a schedule showing the proposed times within which applications for final approval of all sections of the PRD are intended to be filed. This schedule shall be reviewed annually with the Board of Supervisors by the developer on the anniversary of the tentative approval until the development is completed and accepted. It shall be the obligation of the developer to request said reviews in writing within the thirty-day period prior to the anniversary date of the tentative approval.

Public hearings and approvals.

Within 60 days following the date upon which the application for tentative approval of a planned residential development is officially accepted as complete and properly filed, a public hearing pursuant to public notice shall be held on the application, consistent with the provisions of this chapter. A stenographic record of such public hearing shall be kept. During the public hearings, the Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any public hearing shall be given under oath, and every party of record at a public hearing shall have the right to cross-examine adverse witnesses.

Immediately upon receipt of an application for tentative approval of a planned residential development, the Board of Supervisors may refer said application to the Carroll Township Planning Commission for public hearing pursuant to this chapter. The Carroll Township Planning Commission shall consider such application at a public hearing in accordance with the time limits specified herein. In the event such application is referred to the Carroll Township Planning Commission for hearing, the Planning Commission shall submit written recommendations relative to the request for tentative approval to the Board of Supervisors not later than 30 days from the date of the last public hearing on such application.

A transcript of the stenographic record of the public hearing shall be caused to be made whenever such transcript is requested by any party to the proceedings. The cost of making and transcribing such a transcript shall be borne by the party requesting it, and the expense of copies of such transcript 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.

Public hearings held under this chapter shall be conducted in accordance with the procedures specified by Section 73 of Act 170 of 1988 (P.L. 1329, December 21, 1988), the Pennsylvania Municipalities Planning Code, 53 P.S. § 10708.

The Board of Supervisors or the Planning Commission, if so designated, may continue its public hearing from time to time; provided, however, that the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing on the application. If so designated, the record of proceedings before the Planning Commission as well as the written recommendations of the Planning Commission shall be made a part of the record of the Board of Supervisors' public meeting wherein final approval or disapproval may be granted.

Approval or disapproval.

The Board of Supervisors, within 60 days following the conclusion of the public hearings hereon, shall, by official written communication to the landowner, either:

[1]

Grant tentative approval on the development plan as submitted;

[2]

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

[3]

Deny approval.

[4]

The grant or denial of tentative approval by official written communication shall set forth the reasons for the grant or denial and findings of fact and conclusions with respect thereto.

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

Tentative approval of a development plan, whether conditional or unqualified, shall not qualify a plat of a planned residential development for recording nor authorize development or the issuance of any building or construction permits. Except for the terms specified, a tentative approval shall not be modified or revoked nor otherwise impaired by action of the Township pending the applications for final approval, provided that the applications for final approval are filed within one year or as otherwise specified in the official grant of tentative approval.

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 Board of Supervisors in writing, or in the event 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.

Final development plan. After the application for tentative approval is approved by the Board of Supervisors, the developer shall thereafter submit detailed plans for any part or section of the land for which he desires approval. The Board of Supervisors shall review the detailed plans to determine if they comply with this section and with the overall plan originally submitted by the developer. The Planning Commission may review and comment on all applications for final approval and submit written recommendations to the Board of Supervisors prior to the Board's action on the requested final approval. No zoning or building permit shall be issued until after approval by the Board of Supervisors of the detailed plans for the phase in which the proposed development is located. Approval of any detailed plans shall lapse unless more than token construction is started in that phase within one year. No legal or equitable conveyance of land or buildings within the development may be made until the developer has complied with all applicable Township ordinances.

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

The final development plan shall be deemed to be in substantial compliance with the tentatively approved development plan, provided modification by the applicant does not involve a change of one or more of the following:

Violate any provision of this chapter.

Vary the lot area requirement by more than 10% the amount specified on the tentatively approved development plan.

Involve a reduction of more than 10% of the area reserved for the common open space and/or usable open space as specified on the tentatively approved development plan.

Increase the floor area proposed for nonresidential use by more than 10% of the area specified on the tentatively approved development plan.

Increase the total ground area covered by buildings by more than 5% of the amount specified on the tentatively approved development plan.

Minor changes in the location, siting and height of building and structures may be authorized by the Board of Supervisors without additional public hearings if required by engineering or other circumstances not foreseen at the time of tentative plan approval. No change authorized by this subsection may cause any of the following:

A change in the use or character of the development.

An increase in overall coverage of structures.

An increase in the intensity of use.

An increase in the problems of traffic circulation and public utilities.

A reduction in approved open space.

A reduction of off-street parking and loading space.

A reduction in required pavement widths.

In the event the final development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors 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. In the event of such refusal, the landowner may either:

Refile his application for final approval without the variations objected to; or

File a written request with the Board of Supervisors that it hold a public hearing on this application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event 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. Any such public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this section for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board of Supervisors 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 approval or denial of an application for tentative approval.

A development plan or any part thereof which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record forthwith in the office of the Washington County Recorder of Deeds before any development shall take place in accordance therewith. Unless the development plan or part thereof is so recorded, no construction shall commence on the project site. 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 residential development or of that part thereof, as the case may be, that has been finally approved, no modifications of the provisions of said development plan or part thereof, as finally approved, shall be made except with the consent of the landowner.

In the event that a development plan or a phase thereof is given final approval, and thereafter the landowner shall abandon such plan or the phase thereof that has been finally approved and shall so notify the Board of Supervisors in writing; or in the event that the landowner shall fail to commence and carry out the planned residential development within the schedule projected and approved in the application for tentative approval or such amendment as subsequently mutually agreed to by the landowner and the Board of Supervisors, no development or further development shall take place on the property included in the development plan until after further approval by the Board of Supervisors.

(7)

If the sequence of construction of various portions of the development is to occur in phases, then the open space and/or recreational facilities shall be developed or committed thereto in proportion to the number of dwelling units intended to be developed during any given phase of construction as approved by the Board of Supervisors. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the approved final development plan.

§ 260-94 Standards and requirements.

Density.

The maximum allowable average gross residential density for all areas where such residential development is permissible shall be not more than five dwelling units per acre; provided, however, that the maximum allowable average gross density for areas of a PRD designated for construction of single-family dwellings may not exceed four dwelling units per acre. Further, the maximum allowable gross density for areas of a PRD designated for construction of multifamily dwellings may not exceed six dwelling units per acre.

The Board of Supervisors reserves the right to reduce density levels in any proposed planned residential development if it determines that:

There is inconvenient or inadequate vehicular access to the development.

Serious traffic congestion on adjoining streets will be generated.

An excessive burden will be placed upon the ability of responsible public agencies to provide needed public facilities to serve the proposed development.

Lot and structure requirements.

Lot size. There shall be no minimum lot size, setbacks, percentage of lot coverage or lot width. However, every single-family dwelling shall have access to a public street, court, walk or other area dedicated to public use. No structure or group of structures shall be erected within 20 feet of any other structure or group of structures.

Setback. All structures on the perimeter of the development must be set back in accordance with the provisions of the zoning district controlling the area within which the development is situated.

Height. There shall be no maximum height requirements.

Length. There shall be no continuous structure of townhouses containing more than six dwelling units.

Location of structure. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.

Site design. No PRD shall be approved by the Board of Supervisors which does not exhibit all of the site design features contained herein:

Creation of building lots which are compatible within the plan in relation to square footage and are accessible to active open space.

Treatment of existing and proposed contours so as to preserve natural vegetation and eliminate the necessity for excessive cutting and filling along the perimeter areas.

Placement of residential structures within the entire tract in a homogenous manner utilizing natural separation of buildings on existing slopes and elevations.

Open space.

Planned residential developments shall be approved subject to the submission of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of such open spaces, recreational areas and communally owned facilities. No such instrument shall be acceptable until approved by the Township Solicitor as to legal form and effect and as to compliance with the Municipalities Planning Code and the Board of Supervisors as to suitability for the proposed use of the open areas.

In cases where the Township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. No such instrument shall be acceptable until approved by the Township Solicitor as to legal form and effect and as to compliance with the Municipalities Planning Code and the Board of Supervisors as to suitability for the proposed use of the open areas.

If the common open space is deeded to a homeowners' association or a nonprofit corporation established on a membership basis, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the tentative approval. If there is a homeowners' association under the Unit Property Act,[1] the developer must file a declaration of rules and regulations. The provisions shall include, but not be limited to, the following:

The homeowners' association or nonprofit corporation must be set up before the homes are sold.

Membership must be mandatory for each home buyer and any successive buyer.

The open space restrictions must be permanent, not just for a period of years.

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

Homeowners must pay their pro rata share of the cost. The assessment levied by the association can become a lien on the property.

The association must be able to adjust the assessment to meet changed needs.

[1]

Editor's Note: The Unit Property Act, 68 P.S. § 700.101 et seq., was repealed by the Uniform Condominium Act, July 2, 1980, P.L. 286, No. 8268; see now Pa.C.S.A. § 3101 et seq.

The Township may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Township need not require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use.

Maintenance by Township.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of 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 corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year.

Said maintenance by the Township shall not constitute a taking of said common open space nor vest in the public any rights to use the same. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned residential development, to be held by the Board of Supervisors, at which hearing such organization of the residents of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for the succeeding year. If the Board of Supervisors shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Board of Supervisors shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Board of Supervisors shall be subject to appeal to court in the same manner and within the same time limitation as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code, as amended.

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

Permitted uses.

Within a planned residential development, the total gross land area may be allocated between various uses, including, but not limited to, residential, commercial, recreational, and common open space. Approval of the uses allocated in a given planned residential development shall be at the discretion of the Township Supervisors, taking into account the residential and commercial needs of the Township, the character of the surrounding parcels, the Comprehensive Development Plan of the Township and the general health, benefit and welfare of the community. However, no proposed planned residential development may be approved if the majority of use allocation is commercial or nonresidential in character.

Land and buildings may be used for the following purposes:

Single-family detached dwelling units.

Townhouses (row house units), as defined in Article IX, § 260-25C, of this chapter.

Apartment buildings (high-rise and garden), as defined in Article IX, § 260-25C, of this chapter.

Park and recreation uses, to include golf courses, swimming pools, tennis courts, court and field sports areas, ski slopes, toboggan runs, skating rinks and similar uses approved by the Board of Supervisors.

Schools.

Churches.

Other uses as determined appropriate by the Board of Supervisors.

No structure may be located within a fifty-foot buffer zone of the perimeter of the planned residential development. The character of the land within the buffer zone shall remain unaltered by the development and shall remain substantially in its natural state.

Within any PRD, no lot design for multifamily development shall be located on the perimeter of land included for recording purposes as a part of the PRD unless that lot abuts a comparable residential use on adjacent property.

No planned residential development shall be approved unless it is consistent with the purpose of the regulations as stated in § 260-88 of this chapter. Each PRD shall be planned as an entity, and such planning shall include a unitary site plan, consideration of land uses and usable open spaces, site-related vehicular and pedestrian circulation systems and preservation of significant natural features. The plan may consider a variety of housing types.

Parking.

Off-street parking requirements.

Single-family dwelling: two spaces, one of which shall be enclosed.

Townhouse or garden apartment unit: two spaces.

High-rise apartment unit: 1.5 spaces.

Offices: one space per 200 square feet of gross building area.

Commercial uses: one space per 300 square feet of gross building area.

All parking areas shall be landscaped, paved and visually screened from adjacent structures through the use of planting, grade changes or similar appropriate means approved by the Board of Supervisors.

Parking areas shall be designed to minimize excessive numbers of vehicles in any one area. Continuous rows of more than 10 vehicles shall be interrupted with appropriate landscaping.

Circulation.

Vehicular access within the planned residential development shall be designed to permit smooth traffic flow with minimum hazard to vehicular or pedestrian traffic. All internal streets shall be oriented and designed in a manner which will discourage use by through traffic.

A pedestrian and bicycle circulation system shall be established to serve all elements within the development. The pedestrian and bicycle circulation system shall be reasonably segregated from vehicular traffic to provide separation of vehicular and pedestrian movement.

Streets in a planned residential development may be dedicated to public use or may be retained under private ownership. The Board of Supervisors may modify specifications otherwise applicable for street standards where it finds that the standards are not required in the interest of the residents of the PRD and that modifications of the standards as proposed will be consistent with the interests of the entire Township.

Street connections between any existing development and any proposed planned residential development shall meet the following criteria:

The proposed connecting street may be authorized if the Board of Supervisors determines that a secondary means of access to the plan is necessary for the efficient delivery of public safety and other municipal services.

The proposed connecting street shall not serve as the principal or only means of access to the planned residential development. A principal means of access shall be any street which a traffic study demonstrates can be expected to carry more than 35% of the total traffic generated by the proposed development.

The connecting street may be prohibited if the connecting street in the existing development leads to a street which has a higher classification or higher traffic volumes than does the street to which the proposed connecting street in the planned residential development will lead.

The proposed connecting street within the planned residential development site shall not be more than 1,000 feet in length.

Landscaping.

A general landscaping plan shall be required at the time of application for tentative approval to be followed by a detailed landscaping plan prior to final approvals. The detailed plan shall show the spacing, sizes and specific types of landscaping materials.

Existing trees shall be preserved whenever possible. The location of trees shall be considered when planning the site elements such as open spaces, building location, walks, paved areas, playgrounds, parking, circulation systems and finished grade levels. Natural amenities of all types shall be preserved where feasible.

A grading plan and an erosion and sedimentation control plan approved by the Washington County Conservation District shall be provided prior to any construction or site development activity which will confine excavation, earthmoving procedures and other changes to the landscape in order to ensure the preservation of and not prevent the reclamation of the natural characteristics of the project site.

All manufactured slopes shall be planted or protected from erosion and shall be of a character to blend with surrounding terrain.

No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one foot for each two feet of horizontal distance between abutting lots, unless a retaining structure is installed in accordance with specifications approved by the Township Engineer and governing body.

Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be established in a manner which will protect the residential character within the PRD district and in any adjoining district.

(7)

Within a PRD district, all utilities, including telephone, television cable and electrical systems shall be installed underground; provided, however, appurtenances to these systems which require on-grade installation must be effectively screened.

Signs.

All signs located within the site of a PRD and lighting of those signs shall meet the standards for signs established within Article XV of this chapter.

Plans shall indicate the location, size and character of any sign within the PRD intended to be seen from public ways outside the development. No more than two sign surfaces, each with surface area not exceeding 30 square feet, shall be permitted at any principal entrance to the PRD.

§ 260-95 Subdivision and resale.

A planned residential development may be resold or leased, or subdivided for purposes of sale or lease, after final completion of all phases of the final development plan.

If the subdivision of such planned residential development will create a new lot or plot line, the applicant shall apply to the Planning Commission for recommendation to the Board of Supervisors. The Planning Commission shall so recommend the subdivision only if each phase of the subdivided development meets all provisions of this chapter governing planned residential developments.

Each phase of a subdivided planned residential development shall be controlled by the regulations in effect at the time of final approval for each phase of the final development plan.

§ 260-96 Enforcement and agreements.

After general construction commences, the Zoning Officer shall review, at least once every six months, all building permits issued and compare them to the overall development phasing program. If he determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he shall so notify the developer and Board of Supervisors in writing. Thereafter the Board of Supervisors may issue such orders to the developer as it sees fit and, upon continued violation of this subsection, may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved.

Improvement bond.

Prior to authorizing construction in any phase of a plan granted final approval, the Board of Supervisors shall require that an improvement bond in the amount of 110% of the estimated construction cost of the improvements, determined in accordance with the procedure specified in the Pennsylvania. Municipalities Planning Code, as amended, be furnished and filed with the Township Secretary to guarantee the proper installation of all improvements in the approved plan, as defined in Chapter 225, Subdivision and Land Development. In lieu of an improvement bond, an escrow agreement and account approved by the Township Solicitor as to form and content shall be required in the amount of 110% of the estimated construction cost of the improvements.

The term of the improvement bond shall be for a period of one year from the date that the improvement bond is posted. If more than one year is required to complete the improvements, the amount of the improvement bond may be increased by an additional 10% for each one-year period beyond the first anniversary date of posting of the improvement bond or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished in accordance with the procedure specified in the Pennsylvania Municipalities Planning Code, as amended, on or about the expiration of the preceding one-year period.

The procedure for inspection and acceptance of all improvements, release of the improvement bond or escrow account funds and posting of a maintenance bond for all improvements shall be in accordance with the procedures specified in Article X of Chapter 225, Subdivision and Land Development.

Before any building permit may be issued in the planned residential development, all agreements, contracts, deed restrictions and sureties shall be in a form acceptable to the Township, all sureties required shall be provided, and all payments due to the Township or its agents shall be made.

Sureties regarding completion of development shall generally take the form of sureties by a corporate surety company licensed to do business in the Commonwealth of Pennsylvania, although in specific cases other forms of surety may be found to be acceptable to the Township.