Township of O'Hara, PA Article XI Planned Residential Developments

§ 455-11.1 Purpose.

The purpose of this chapter and the Township of O'Hara planned residential development regulations are:

A. To allow innovations in residential development and redevelopment so that the changing demand for housing may be met by greater variety in type, design, and layout of dwelling together with the conservation and more efficient use of open space ancillary to said dwellings;

B. To provide greater opportunities for better housing and recreation for all who are or will be residents of the Township;

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

D. To safeguard personal well-being and property by preserving the natural environment and protecting sensitive, critical, and/or irreplaceable natural resources, such as streams, ponds, floodplains, wetlands, groundwater, wooded areas, steeply sloped areas, landslide-prone areas and areas of unusual beauty or importance to the natural ecosystem;

E. To encourage innovations in residential developments that are designed to minimize energy consumption and maximize recycling of materials in their layout, transportation, climate control, energy sources, and solid and liquid waste treatment systems;

F. To protect the stability of existing residential neighborhoods and surrounding areas from being adversely affected by the proximity of incompatible land uses;

G. To ensure consistency with the objectives of the zoning and subdivision and land development regulations that would otherwise be applicable and in aid of these purposes, provide a sound, expeditious and fair administrative procedure which allows the developer and the Township to relate the type, design, and layout of residential development to the particular site and the particular demand for housing existing at the time of development, while preserving the character, quality and property values of the Township's existing residential areas.

Refer to Section XIV, Supplemental Regulations, for review of additional regulations which may pertain to the proposed use.

§ 455-11.2 Conditions for planned residential development.

A. This article hereby establishes two types of planned residential developments (PRD): PRD-2 and PRD-3. Subject to the restrictions, qualifications, and provisions of this article, PRD-2 shall be permitted in R-2 Districts and PRD-3 shall be permitted in R-3 Districts.

B. The minimum site requirement shall be 20 contiguous acres for PRD-2 and 10 contiguous acres for PRD-3.

C. The proposed development shall be consistent with the Comprehensive Plan, as amended, for the Township of O'Hara.

D. The planned residential development shall be entirely within one zoning district unless the parcel is split by multiple zoning districts and the proposed use is transitional to bridge the gap between the different classes of land use.

E. The tract of land to be developed shall be in one ownership or, if in multiple ownership, shall be developed according to a single plan with common authority and responsibility.

F. Principal (primary) access to a PRD-2 or -3 site shall be from either an arterial or collector street, as designated on the O'Hara Township Official Highway Classification Map, subject to the provisions of this article. Planned residential developments of 60 dwellings or more shall provide one or more secondary accesses also to an arterial or collector street as determined necessary during the development plan review.

G. The proposed planned residential development shall be served by a central sanitary sewage treatment system which shall meet all the standards set by this article and shall have received all necessary approvals and permits from local, county, and commonwealth agencies.

H. Public central water service shall be supplied to each structure to be erected in the development subject to the requirements of the Township and/or other appropriate supplying municipal authority, commonwealth or federal agency.

§ 455-11.3 Types of permitted uses and permitted mixes of uses.

A. The following subsections list the uses permitted in each type of PRD (PRD-2 and PRD-3), subject to the other provisions and requirements of this article.

B. In addition, certain uses are subject to standards governing the mix of use types within the PRD; these standards are stated in terms of minimum or maximum percentages of total dwelling units or land area in the PRD. Council may allow increases of up to 10% in the prescribed mix standards where it deems reasonable based on individual site characteristics (e.g., slopes, soil conditions) or current housing market demands, provided the PRD still meets all other requirements of this article.

C. PRD-2.

(1) Permitted uses.

(a) Single-family, detached, except mobile homes.

(b) Single-family, lot line, except mobile homes.

(c) Patio and/or atrium houses, except mobile homes.

(d) Atrium houses, except mobile homes.

(e) Two-family, detached, except mobile homes.

(f) Townhouse dwellings.

(g) Multiplex dwellings.

(h) Open space and 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 Council for incorporation into the design of the development.

(i) Customary residential accessory uses, such as garages, carports, private swimming pools, garden sheds, components of energy systems and similar uses.

(j) Signs, as permitted by Article XVI.

(k) Essential services, as defined by Article II of this chapter.

(l) Solar energy facility. (See § 455-15.36.)

(m) Geothermal energy facility. (See § 455-15.39.)

(n) Small wind energy facility. (See § 455-15.38.)

(2) Permitted mix of uses:

(a) A PRD-2 shall contain a minimum of two different types of dwelling units (e.g., single-family detached and townhouses or patio houses and multiplexes), but no single type shall exceed 60% of total dwelling units.

(b) This minimum mix does not apply to single-family dwelling which are permitted to a maximum of 100%.

(c) Geothermal energy facility. (See § 455-15.39.)

(d) Solar energy facility. (See § 455-15.36.)

(e) Small wind energy facility. (See § 455-15.38.)

D. PRD-3.

(1) Permitted uses.

(a) Patio houses.

(b) Atrium houses.

(c) Two-family detached dwellings.

(d) Townhouse dwellings.

(e) Multiplex dwellings.

(f) Garden apartments.

(g) Open space and recreation facilities/areas, such as lot lots, playfields, swimming pools, tennis courts, hiking trails, picnic areas, community buildings and similar uses deemed appropriate by the Township Council for incorporation into the design of the development.

(h) Solar energy facility. (See § 455-15.36.)

(i) Geothermal energy facility. (See § 455-15.39.)

(j) Small wind energy facility. (See § 455-15.38.)

(2) Permitted mix of uses.

(a) There shall be no prescribed dwelling mix standards for PRD-3s.

(b) Geothermal energy facility. (See § 455-15.39.)

(c) Solar energy facility. (See § 455-15.36.)

(d) Small wind energy facility. (See § 455-15.38.)

§ 455-11.4 Density standards.

A. Maximum densities.

(1) The allowable average net density of a planned residential development shall be calculated on the basis of dwelling units per acre of buildable land. Buildable land shall be determined according to the provisions of this section. Lot area and dimensional standards for specific housing types, however, shall be in accordance with this article. The average net density by type of PRD shall be:

(a) PRD-2: 6.0 units/buildable acre.

(b) PRD-3: 9.5 units/buildable acre.

(2) The maximum average net density by type of PRD shall not exceed 1.25 times the allowable density as specified by minimum lot size per zoning district, except as otherwise permitted. Calculation of average net density shall include buildable acreage.

(3) Average net density, as permitted by this section, may only be obtainable with optimum site conditions. The maximum average net density of the proposed development shall be determined by the standards of this section, the reports and plans submitted by the applicant, and the recommendations of the Township Planning Commission, the County Planning Department, and other appropriate resource persons from whom Council may seek formal recommendations. Density shall depend upon the topography and physiology of the site, the type of proposed uses, the amount and location of common open space, the adequacy of proposals for the provision of public utilities, traffic circulation and the adequacy of schools and other public facilities which serve, or are proposed to serve, the planned development.

(4) The provision of common open space, which provides amenity and recreational space as well as protects and preserves part of the natural environment, is a major reason for encouraging this type of development. The minimum open space requirements by type of PRD are contained in this article.

B. Calculation of buildable area.

(1) Buildable area is determined by subtracting all or portions of the land in the following categories:

Type of Land	% Reduction for Calculating Buildable Area
Land in existing ROW easements or otherwise restricted by deed or covenant	100%
Floodplains (100-year)	100%
Lakes, ponds or wetlands	100%
Slope - 40% or more	100%
Slope - 25% and less than 40%	50%
Slope - 15% and less than 25%	25%

(2) Density by type of PRD times total buildable acres equals the allowable average net density; however, this density may not exceed 1.25 times the allowable density as defined previously. This formula is used for calculation of density only.

§ 455-11.5 Planned residential development standards.

A. General site design:

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

(2) All housing shall be sited so as to enhance privacy and ensure natural light for all principal rooms.

(3) Variation in setbacks shall be provided to avoid the development of all units along the minimum setback where necessary to create a more pleasing layout.

(4) Each building shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and be so oriented as to preserve visual and audible privacy between buildings and adjacent lots. A building containing a dwelling unit shall be arranged so as to provide easy access to emergency vehicles.

(5) Housing and other facilities near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring areas. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structure or to existing or prospective development of the neighborhood.

B. Conservation of trees and natural features.

(1) The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance, and the destruction of natural features and environmentally sensitive areas.

(2) Trees.

(a) No portions of tree masses or trees with caliper of six inches or greater and/or evergreen trees six feet in height or more [as measured with American Association of Nurserymen (AAN) Standards] shall be removed unless clearly necessary for effectuation of the proposed development. Developers shall make all possible efforts to harmonize their plans with the preservation of existing trees.

(b) When effectuation of a proposed planned residential development necessitates the clearing of trees or portions of tree masses, the developer shall be guided by the following criteria in selecting trees and ornamental for retention of clearing:

[1] Aesthetic values (autumn coloration, type of flowers and fruit, bark and crown characteristics, amount of dieback present).

[2] Susceptibility of tree to insect and disease attach and to air pollution.

[3] Species longevity.

[4] Wind firmness and the characteristic of soil to hold trees to withstand wind.

[5] Wildlife values (e.g., oak, hickory, pine, walnut, and dogwood have high food value).

[6] Comfort to surroundings (e.g., hardwoods reduce summer temperatures to surroundings more effectively than pines or cedars).

[7] Existence of disease, rot, or other damage to the tree.

[8] Protection of buildings (i.e., dead and large limbs hanging over buildings should be removed).

[9] The size of the tree at maturity.

(c) Developers shall exercise care to protect remaining trees from damage during construction. The following procedures shall be followed in order to protect remaining trees:

[1] Where existing ground levels are raised, drainage tile shall be placed at the old soil level and open into a well built around the base of the tree. Such well may be left open or can be filled with coarse stones or gravel. Tiles may be installed in a radiating pattern or laid in parallel lines. No fill shall be placed against any part of the tree trunk.

[2] Trees within 25 feet of a building site or bordering entrances or exits to building sites shall be protected by wiring, wooden slats, or snow fencing around such trees.

[3] No boards or other material shall be nailed to trees during construction.

[4] Heavy equipment operators shall be warned to avoid damaging existing tree trunks and roots. Feeder roots shall not be cut closer than the tree's drip line.

[5] Tree trunks and exposed roots damaged during construction shall be protected from further damage by being treated immediately removing the damaged tissue with a clean sharp knife or shear.

[6] Tree limbs damaged during construction shall be sawed flush to tree trunks and treated immediately by removing the damaged tissue with a clean sharp knife or shear.

[7] The operation of heavy equipment over root systems of such trees shall be minimized in order to prevent soil compaction.

[8] Nondormant trees shall be given a heavy application of fertilizer to aid in their recovery from possible damage caused by construction operations.

[9] Construction debris shall not be disposed of near or around the bases of such trees, except for mulched vegetative matter used to prevent soil compaction.

(3) Floodplains.

(a) All floodplains, as defined by this article, shall remain as permanent open space in a PRD. Only the following uses shall be permitted in the floodplain:

[1] Recreational uses not requiring permanent or temporary structures, such as picnic areas, fishing sites, trails, and similar uses.

[2] Most essential road and utility facilities, such as bridges, transmission lines, sewage treatment plant outlets and similar facilities, which cannot be placed elsewhere on the site outside the floodplain, provided all necessary approvals and permits have been obtained from the Pennsylvania Department of Environmental Protection.

(b) Any use or facility in a floodplain shall comply with all applicable provisions of Chapter 230, Floodplain Management.

(4) Ponds, wetlands, watercourses.

(a) These areas shall remain as permanent open space.

(b) No realignment, development, filling, piping, concentrating, or diverting shall be permitted except for most essential road and utility facilities which cannot be placed elsewhere on the site or as otherwise directed by the Township and the Pennsylvania Department of Environmental Protection.

(5) Steep slopes.

(a) In areas with slopes 15% to 25%, no more than 75% of such areas shall be regraded, stripped of vegetation and/or developed (i.e., construction of dwellings, roads, etc.).

(b) In areas with slopes between 25% and 40%, no more than 30% of such areas shall be regraded, stripped of vegetation, or developed.

(c) No dwelling or other structure shall be permitted in areas with slopes 40% or greater. However, Council may approve limited regrading for the constructing or installation of roads, utilities or similar facilities which cannot be located elsewhere. Such approval shall be upon the recommendation of the Township Engineer.

(d) The average percent slope shall be the average slope of the area of environmental disturbance, determined by dividing the difference in elevation at the limits of the environmental disturbance by the horizontal distance between the extremes of the environmental disturbance as determined by an actual field topographical survey of the elevations within the area of environmental disturbance.

C. Common open space and recreation areas.

(1) A minimum percentage of the total site area of the PRD shall be designated as and devoted to common open space, in accordance with the following schedule:

(a) In PRD-2: 25%.

(b) In PRD-3: 30%.

(2) Common open space in any PRD shall be dedicated to common or undeveloped open spaces, which may include areas for fishing, trails, picnic areas, woodlands, lakes and ponds (excluding detention basins) and agriculture or horticulture.

(3) At least 5% of the common open space shall be in active recreation facilities, such as playfields, playgrounds, courts, community buildings and similar uses. The specific type and amount of such facilities shall 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 selected the types and quantities of active recreation facilities for the PRD, shall be submitted with the tentative application.

(4) The open space shall be laid out in accordance with the highest standards and principles of site design, shall be consistent with the Township's open space plan, and shall be located and designed as areas easily accessible to residents and preserving natural features. At least 50% of the open space areas shall be located in an area not subject to flooding or on slopes in excess of 40%.

(5) The tentative and final plans shall designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes shall be used:

(a) Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.

(b) Natural area. An area of natural vegetation undisturbed during construction, or replanted; such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal but shall prevent the proliferation of weeds and undesirable plants. Litter, dead trees, and brush shall be removed and streams kept in free-flowing condition.

(c) Recreation area. An area designated for specific recreational use including, but not limited to, tennis, swimming, shuffleboard, playfields, and tot lots. Such areas shall be located and maintained in such manner as not to create a hazard of nuisance and shall perpetuate the proposed use.

D. Area and dimensional requirement for dwelling units.

(1) Area and dimensional standards for permitted dwellings in PRDs-2 and 3 shall be as set forth in this section.

(2) Building height shall be measured from mean finished grade as defined in Article II of this chapter. No building shall contain more than three stories, exclusive of attic and basement, or exceed 35 feet in height.

(3) All structures or recreational facilities shall be situated at least 100 feet from the development's perimeter property line in PRD-2 and 50 feet of the perimeter in PRD-3.

E. Stormwater management.

(1) Standards. Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as Council determines are necessary to prevent injury to health, safety, or other property. Such measures shall include such action as are required:

(a) To assure that the maximum rate of stormwater runoff (from any storm described in this section, is not greater after development than prior to development activities); or

(b) To manage the quantity, velocity, and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury; and

(c) If the development site is located within a watershed for which a stormwater management plan has been adopted by the Township, then any proposed stormwater control measures shall be consistent with the watershed plan. In preparing the stormwater management plan for the site, the applicant shall utilize information and recommendations contained in the Allegheny County Act 167 Stormwater Management Plan of 2015 or any other study or document, which is supplied by the Township and for sites otherwise located. All calculations shall be the watershed and also the anticipated increase in runoff that will occur when all the property at a higher elevation in the same watershed is fully developed. Where the applicant finds actual site conditions that vary from those documented in the available data or proposes alternative stormwater management controls, the applicant must document the difference or deviation to the satisfaction of the Township Engineer and Township Council.

(2) Site stormwater management plans.

(a) All stormwater management plans for the proposed PRD shall be prepared and sealed by a registered professional engineer with expertise and training in hydrology/hydraulics, who is acceptable to the Township Engineer and Township Council. Calculations of pre- and post-development hydrographs and discharges shall be prepared for the two-, ten-, and 100-year storms, using the U.S. Soil Conservation Soil Cover Complex Method (SCS Publication TR-55).

(b) Any storage facilities (on- or off-site) must be designed to control post-development discharged for the two-, ten-, and 100-year design storms, unless otherwise specified by the Township Engineer and approved by Township Council. Proposed design of the facility and the design computations shall be approved by the Township Engineer.

(c) Where the site's stormwater management plan proposes to tie into existing storm sewer or drainage systems, the developer must demonstrate that there is sufficient storm sewer capacity, as well as channel capacity from the point where the storm sewer outlets into the natural drainage system and downstream to the base of the watershed. All storm sewer and/or other drainage structures shall be designed in accordance with Chapter 385, Part 1, Stormwater Management Regulations, as amended.

F. Soil erosion and sedimentation.

(1) Measures to control erosion/sedimentation (E/S), both during and after construction, shall be in accordance with Chapter 242, Grading. A proposed E/S plan shall be submitted with the tentative application and the Township shall forward it to the County Conservation District for review and comments. Where a DEP permit is required, the permit must be obtained prior to final plan approval.

(2) No development, grading, excavating, removal or destruction of tree, topsoil or vegetative cover shall take place, and no grading permit issued, until the E/S plan for the development has been approved by Council.

G. Landslide hazard areas.

(1) The planned residential development applicant shall identify any areas on the site with potential landslide hazards, as identified on the Squaw Run Area Watershed Association, Landslide Hazard Maps, dated 1978, which are available in the Township offices.

(2) If the site contains any areas identified by the developer or Township as moderate to high landslide risk, the developer shall submit a detailed geotechnical investigation prepared and sealed by a registered professional engineer, identifying any potential limitations to construction or requirements for special protective measures. The Township may impose special construction requirements for special protective measures. The Township may impose special construction requirements and/or restrictions based on the findings of the investigation. The engineer responsible for the investigation shall possess the highest degree of geotechnical training and experience applicable in this subject area of engineering and be satisfactory to the Township Engineer, and the developer shall pay the full cost of the investigation.

H. Traffic access and circulation and parking.

(1) Traffic access:

(a) The adequacy of the existing street capacity and/or safety to carry the additional traffic generated by the proposed development shall be demonstrated by the traffic impact study for the development as required by this section.

(b) Where the traffic study projects street deficiencies with the additional traffic generated by the PRD, the developer must submit proposed solutions to the problems along with cost estimates, and the proposed methods of financing, and actions/approval required by the Township, Allegheny County or PennDOT. A plan approved by the Township Engineer for correcting or eliminating any identified street capacity and/or safety problems shall be a condition of approval for the PRD application.

(c) The cost of all on-site traffic improvements shall be borne by the developer. A proportional share of the cost of any off-site improvements shall be paid by the developer. The proportional share shall be based on need created by, and the benefits received by, the proposed development. Such costs shall be determined during the review of the application and included in the development agreement, in accordance with this article.

(d) All entrances/exits to the PRD, and streets and driveways within the PRD, shall 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.

(e) Entrances/exits for the PRD shall 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.

(f) Principal (primary) access to a PRD-2 or -3 site shall be from either an arterial or collector street, as designated on the O'Hara Street Classification Map, subject to the provisions of this section. Planned residential development of 60 dwellings or more shall provide one or more secondary accesses, also from an arterial or collector street, as determined necessary during the development plan review.

(2) Traffic and pedestrian circulation:

(a) The PRD's internal street and walkway systems shall be designed so as to relate harmoniously with land uses and adjacent streets and to minimize through traffic in residential areas. All residential parking and recreational areas shall be connected by pedestrian walkways. Walkways that connect residential areas and parking areas shall be hard-surfaced.

(b) Separation of vehicular from pedestrian and bicycle traffic is encouraged. Where pedestrian walkways are not within a street right-of-way, a walkway easement at least five feet in width shall be designated. Where a walkway crosses over open space land, however, the easement shall not be subtracted from the open space land for purposes of calculating the area thereof.

(3) Construction standards. The construction of streets, parking areas, and sidewalks, whether or not they are to be dedicated to the Township, shall conform to Township specifications and regulations. However, Township Council may waive or modify certain standards where the Township finds that such specifications are not consistent with the planned residential development site or overall design and that such modifications are not inconsistent with the interests of the entire Township.

(4) Parking:

(a) There shall be a minimum of 2.5 off-street parking spaces for each dwelling unit.

(b) A conventional parking space shall measure a minimum of nine feet by 20 feet, exclusive of curbs and maneuvering space, and a handicapped parking space shall be of sufficient area to comply with the provisions of the Americans with Disabilities Act.

(c) Each off-street parking space shall open directly upon an aisle or driveway of such width and design to provide safe and efficient vehicular access to the parking space. The following standards for minimum aisle width shall apply:

Parking Angle	Aisle Width (feet)
90°	24
60°	20 (one-way)

(d) No off-street parking space other than single-family driveway shall open directly onto a public or private street. Parking areas shall be arranged so as to prevent through traffic to other parking areas.

(e) Common parking areas shall be adequately screened from adjacent structures, roads, and properties by such means as hedges, dense plantings, earth berms, changes in grade, or walls of not less than four feet in height. All parking areas shall be at least 20 feet from all structures, roads, and other parking areas. Clear sight triangles shall be maintained as defined in this article.

(f) Landscaping, in accordance with this section, shall be provided for every 10 parking spaces. Exterior lighting shall also be provided in accordance with this section.

(g) Each parking area shall contain a maximum of 40 parking spaces.

(h) All parking and off-street loading areas shall be designed and constructed in accordance with Township specifications.

(i) Whenever possible, parking areas and lots shall be level except for necessary drainage purposes. The maximum permissible slope of any parking area shall be 7%. If parking spaces are provided in areas which exceed 5% slope, all stalls shall be parallel to the contour lines of the area.

(j) Parking for service vehicles may be required for garden dwellings or other residential clusters, as specified by Council.

I. Sanitary sewage disposal.

(1) All planned residential developments shall be provided with public sanitary sewage treatment by the Allegheny County Sanitary Authority (ALCOSAN). Proposed connections to the existing municipal sewer system shall be approved by the Township, ALCOSAN, and other applicable governmental agencies.

(2) All costs of the extension of municipal sewer lines and on-site collector systems to serve the development shall be borne by the developer. In addition, where appropriate, Township Council may require an equitable capital contribution to the Township for future off-site improvements to the sanitary system (collection and/or treatment) serving the development. These funds shall be set aside in a special escrow account until such time as the improvement is undertaken. The contribution amount shall be determined based on the development's proportional use of and benefit from the sewer system improvement. Such costs shall be determined during the review of the PRD application and included in the development agreement, in accordance with this section.

(3) In the event that the developer can demonstrate that at the time of development it will be technically or financially infeasible to provide sewage treatment by the ALCOSAN system, then the developer may submit a plan for interim sewage treatment and disposal until such time as the connection to ALCOSAN can be made.

(a) The proposed interim on-site sewage treatment facilities shall be designed in strict accordance with the requirements and specifications of the PA DEP or any other applicable governmental entity and the proposed facilities must be approved by Township Council, Allegheny County Health Department, ALCOSAN, and PA DEP. Copies of the approvals and permits must be submitted prior to approval of the final plan. Plans and designs for the proposed system shall be submitted in accordance with the provisions of this section.

(b) The developer shall provide the highest quality of sanitary sewage disposal facility consistent with existing physical, geographical and geological conditions and in conformance with all applicable Township ordinances and state, county, and federal regulations.

(c) On-site treatment facilities must be operated at the level of efficiency prescribed by the permitting agencies. Operation of the facilities shall be under the supervision of an operator who is duly licensed by the commonwealth.

(d) All installation costs for the interim treatment system shall be borne by the developer. In addition, the developer shall submit a plan identifying ownership and continuing operation and maintenance responsibilities, whether the system is proposed for private ownership (e.g., homeowners' association) or to be dedicated to the Township. The maintenance plan shall identify sources for funding to cover annual operation and maintenance costs, such as homeowners' fees or assessments. The developer shall be required to establish an escrow account equivalent to the cost of the system's operation and maintenance for a ten-year period or developer must maintain said facility for that ten-year period. The specific provisions for the escrow account shall be set forth in the development agreement.

J. Water supply. The development shall be served by a public central water supply. A distribution system shall be designed to furnish an adequate supply of water to each dwelling unit, with adequate main sizes and fire hydrant locations. The system shall be designed to meet applicable standards and specifications of the PA DEP (Public Water Supply Manual, current edition), Allegheny County Plumbing Code, Insurance Services Office, and local municipal water supplier (if applicable). Fire hydrants shall be provided as required by the Township Fire Marshal.

K. Streetlighting.

(1) Lighting facilities shall be designed and located so as not to shine directly into residential buildings, private yards or streets, and lighting standards shall not exceed 12 feet in height.

(2) All common parking areas, steps, ramps, walkways of high pedestrian use, and directional signs shall be adequately lighted. In off-street parking areas, the lighting system shall furnish minimally an average of one footcandle during hours of operation, and lighting standards shall be located not more than 80 feet apart.

(3) Township Council may require lighting in other areas for reasons of public safety.

L. Landscaping and buffers. (Also see §§ 455-15.20 and 72-14.21.)

(1) All parking areas shall be landscaped with trees and shrubs of varying species. At least one shade tree of minimum two-inch caliper and six-foot height shall be provided within the interior of each parking lot for every five parking spaces.

(2) Shade trees of varying species shall be planted along all streets within the street right-of-way. At least one tree of minimum two-inch caliper and six-foot height on each side of the street shall be provided for each 25 feet of street length or fraction thereof.

(3) The entire perimeter of the tract undergoing development shall be provided with a twenty-foot minimum planted buffer, based upon the following:

(a) All existing trees more than six inches and/or evergreen trees six feet in height or more shall be preserved, except when cutting thereof is specifically approved by the Township or is necessary for ensuring adequate sight distance.

(b) The amount, density of planting, and types of plantings shall be based upon physiographic features, proximity to existing dwellings, compatibility of adjacent uses, and natural views. The planting strip shall be of sufficient density and contain sufficient evergreen material to effectively screen the portions of the PRD from surrounding properties for which the privacy is desired. In other areas, particularly where the physiographic features and existing vegetation provide an attractive setting, the planting strip may be left in its natural state or enhanced with additional plant material of lesser density than a full screen.

(c) No plantings shall be placed with their center closer than five feet from a property line of the tract.

(d) Plantings shall be permanently maintained and replaced in event of death, if necessary, to maintain an effective screen.

(e) Planting species shall be mixed; generally, a minimum of 25% shall be evergreen and 10% flowering material.

(4) In addition to perimeter planted buffer, the following landscaping requirements shall be met:

(a) Disturbed topsoil shall be stockpiled, protected from erosion, and redistributed after construction.

(b) Planting and protection of landscape material shall be in accordance with a plan and schedule prepared by a registered landscape architect and shall be completed within six months of initial occupancy of each stage of development. Maintenance specifications for all plant material shall be submitted with the final plan.

(5) Provision for continuing maintenance of all landscaping, planting, and buffer areas shall be provided in the plans for ownership of common open space.

M. Utilities. All utilities shall be placed underground within the PRD and all transformers shall be located on public ground.

N. Signs.

(1) An identification sign for the PRD may be placed at the principal access to the development. This sign shall not exceed 12 square feet on each side or be more than five feet in height, as measured from the ground level at the base of the sign. If freestanding, the sign must be set back a minimum of 10 feet from the street right-of-way. The sign shall be screened from adjacent properties by land forms and/or shrubbery, but must be clear of sight line of intersection.

(2) All other real estate signs advertising the sale or lease of dwelling units or commercial facilities or temporary construction signs shall be in accordance with Article XVI.

(3) No flashing or animated signs shall be permitted. Illuminated signs shall be designed and placed so as not to interfere with, distract, confuse or blind motorists. Only floodlighting shall be permitted for the PRD identification sign, and this must be directed so as not to cause glare on any adjacent property.

(4) Provisions for maintenance of all private signs within the PRD shall be included in the agreements for common open space or deed or lease agreement of an individual property.

(5) Unless otherwise specified here, all signs in the PRD shall comply with the requirements otherwise applicable to the zoning district in which the PRD is located.

§ 455-11.6 Location and management of common open space and facilities.

A. Applicability. Provisions for the continuing operation, administration and maintenance of all common open spaces and facilities shall be set forth in the "Common Open Space and Facilities Management Plan" for the PRD, which shall be approved by Township Council. The Management Plan shall cover all common areas or facilities, such as undeveloped open space, recreation areas, streets, utilities or stormwater control facilities. The plan may provide for either public or private ownership and maintenance, or a combination of both.

B. Ownership. Any of the following methods may be used, either individually or together, to preserve, own, and maintained common open space and facilities: condominium, homeowners' 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 shall 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 with each of the various methods:

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

(2) Homeowner's association. Common areas may be held in common ownership by a homeowners' association. This method shall be in conformance with the Uniform Condominium Act of 1980 (68 Pa.C.S.A. §§ 3101 through 3414), as amended.

(3) Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the common open space or facilities, provided:

(a) Such land is accessible to the residents of the Township;

(b) There is no cost of acquisition (other than any costs incident to the transfer of ownership such as title insurance); and

(c) The Township agrees to and has access to maintain such lands.

(4) Dedication of development rights or easements. The Township may, but shall 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' associations, provided:

(a) Such land is accessible to the residents of the Township;

(b) There is no cost of acquisition (other than any costs incident to the transfer of ownership, such as title insurance); and

(c) A satisfactory maintenance agreement is reached between the developer and the Township.

(5) 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:

(a) The organization is acceptable to the Township, and is a bona fide conservation organization with perpetual existence;

(b) The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and

(c) 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.

C. Specific requirements for homeowners' associations. If a homeowners' association is formed, it shall be governed according to the following regulations:

(1) The developers shall provide to the Township a description of the organization, including its by-laws and methods for maintaining the open space.

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

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

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

(5) 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.

(6) In the event of any proposed transfer of common open space land by the homeowners' association within the methods here permitted, or of 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.

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

(8) The property owners' organization may lease back open space lands to the developer, their heirs or assigns, or to any other qualified person or corporation for operation and maintenance of such areas, but such a lease agreement shall provide:

(a) That the residents of the planned residential development shall at all times have access to the common open space lands or facilities contained therein;

(b) That the common area(s) to be leased shall be maintained for the purposes set forth in this chapter;

(c) That the operation of area or facility may be either for the benefit of the residents only or open to the residents of the Township.

(9) The lease shall be subject to the approval of the Township and any transfer or assignment of the lease shall be further subject to the approval of Council. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Allegheny County within 30 days of their execution and a copy of the recorded lease shall be filed with the Manager of the Township.

D. Maintenance.

(1) In the event that the organization established to own and maintain a common open space and/or facilities (i.e., common area) or any successor organization, shall at any time after establishment of the planned residential development fail to maintain such 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 shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place or a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and/or may give an extension of time within which they must be corrected.

(a) 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 area and maintain the same for a period of one year.

(b) Such entry and maintenance shall not constitute a taking of said common area and shall 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 to the residents and owners of the planned residential development, to be held by the Township. At this hearing, 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.

(c) If the Township shall determine that such organization is ready and able to maintain said common area in reasonable condition, the Township shall cease to maintain said common area at the end of the said year. If the Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common 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, shall constitute a final administrative decision subject to judicial review.

(2) The cost of such maintenance and enforcement proceedings by the Township shall 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 shall become a lien 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 Allegheny County Department of Court Records, upon the properties affected by such lien within the planned residential development.

§ 455-11.7 Development in stages.

A developer may construct a PRD in stages, provided the following criteria are met:

A. The application for tentative approval must cover the entire planned residential development and show the location and approximate time of final application for each stage, in addition to other information required by this chapter. This development schedule must be updated annually and submitted to the Township Manager on the anniversary of the approval of the tentative application until such time as the PRD is completed and accepted.

B. At least 15% of the total dwelling units in the PRD plan given tentative approval must be included in the first stage and any subsequent stage.

C. Each phase must be capable of being served adequately and economically by all necessary community facilities and services, such as streets and sanitary sewers, water supply, storm drainage, and recreation, in accordance with the approved tentative application.

D. Average net density may be varied from stage to stage. However, final approval shall not be given to any stage if the average net density of the area, which includes previously approved or completed stages to date and the stage for which final approval is being sought, exceeds by more than 10% the maximum average net density established for the entire PRD in the tentatively approved plan. Where it is necessary to allocate open space to early stages from stages to be developed later to avoid exceeding average residential densities, the developer may be required to grant an open space easement or covenant to the Township specifying the amount and location of open space.

§ 455-11.8 Application procedure.

A. General.

(1) The procedures for application and approval of a PRD shall be in accordance with Article VII of the Municipalities Planning Code[1] and Chapter 395, Subdivision and Land Development.

[1] Editor's Note: See 53 P.S. § 10701 et seq.

(2) Applications for approval of a PRD are encourage to include an initial sketch plan review but must include a tentative and final application phase.

(3) All applications shall be submitted to the Township Manager in the form and within the time limits specified by this chapter. No tentative or final application shall be deemed accepted or duly filed until the Zoning Officer determines that all plans and documents are complete and in accordance with the requirements of this chapter. Within 10 days of submission, the Township shall notify the applicant by certified letter of any deficiencies in the application documents or that the application has been accepted.

(4) All plans and documents submitted as part of either a tentative or final application shall be prepared by a registered professional architect, engineer, or landscape architect as determined by the Township. All property surveys shall be prepared by a registered professional surveyor. All documents submitted as part of the tentative or final application shall become the property of the Township.

(a) The Township reserves the right to require additional or further engineering or professional studies when it determines that the information or documentation submitted is unsatisfactory or insufficient for the purposes intended.

B. Sketch plan review (optional).

(1) Developers are encouraged to submit a sketch plan of the proposed PRD to the Planning Commission for an informal review. The Planning Commission's comments and suggestions will be advisory only and will not constitute any legally binding action by the Planning Commission or Township. Time deadlines applicable to tentative or final approval do not apply to sketch plans.

(2) It is recommended that the sketch plan be submitted early in the planning stages of the PRD but at least 60 days in advance of the tentative application.

(3) There is no prescribed form for the submission of the sketch plan; however, it must include sufficient information to describe the location and size of the proposed PRD, dwelling unit types and approximate densities, natural site characteristics (slope, soils, etc.), plans for providing transportation access and internal circulation, sewer and water service, recreation and other common facilities, and provisions for common open space. The sketch plan should identify natural, unique or environmentally sensitive features of the site, along with the potential effect of the proposed development on these areas.

(4) Upon submission of the sketch plan, the Township will schedule a meeting with the Planning Commission and other appropriate Township officials. Township Council will receive a notice of all meetings. A developer may submit revised sketch plans to clarify any issues or problems raised during the meeting with the Planning Commission. All documents submitted as part of the sketch plan shall become the property of the Township.

(5) Developers are encouraged to review topography, geologic, landslide hazard, etc., information available at the Township offices.

C. Tentative application (required).

(1) Content and form of the application. The landowner, or agents acting in their behalf, shall submit the tentative application with documentation illustrating compliance with the requirements of this article and other applicable local, county, commonwealth and federal laws or regulations. All plans of the proposed development, with the exception of the vicinity map, shall be prepared at a scale of not less than one inch equals 100 feet on twenty-four-inch-by-thirty-six-inch plan sheets. All sheets shall contain the name by which the PRD is to be identified, a scale, North arrow and date of preparation.

(2) The tentative application shall include the following items:

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

(b) A vicinity map at a scale of one inch equals 800 feet showing the location and size of the proposed site, existing land use and zoning of land surrounding the site within one-half-mile radius, and the relationship of the site to adjacent properties, streets, and major public facilities (school, parks, etc.).

(c) A PRD site plan of the development shall include the following information:

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

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

[3] Topographic contour lines at not less than five-foot intervals and the nearest benchmark from which they were derived.

[4] All watercourses, water bodies, wetlands and floodplains as defined by this chapter located on the PRD site or within 200 feet of the site boundaries.

[5] Any natural areas, landslide hazard areas, historic landmarks, and scenic resources, as defined by this chapter, located on the PRD site or within 200 feet of the site boundaries.

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

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

[8] Percentage and square footage of building coverage.

[9] Maximum height of all structures.

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

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

(d) 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 handle the additional capacity from the appropriate operating agency.

[1] Interim facilities must be located for access to ultimate ALCOSAN connection.

[2] Where new or interim-use sewage treatment systems are proposed, the plan shall 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 article.

(e) 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.

[1] The plan shall 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 shall be shown indicating the proposed treatment of any points of conflict.

[2] The plan shall include proposed methods for providing continuing maintenance of any street or pedestrian way not proposed for public dedication.

[3] Street cross-section schematics shall 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.

[4] The developer shall submit a traffic impact study to demonstrate the proposed development's short- and long-term impact on the street system surrounding the PRD. The traffic study shall collect data on existing roadway characteristics (e.g., structural conditions) and traffic flow and volume. It shall make five- and twenty-year forecasts of the average daily vehicle trips generated by the proposed development and distributed and assign these trips to the most reasonable travel paths over the adjacent street system surrounding the PRD.

[5] Adjacent street system shall be evaluated in terms of projected levels of service, operating speeds, land use conflicts and safety. Where the study projects adjacent street deficiencies, either in terms of traffic capacity or safety, the developer must submit the proposed solutions, estimated costs, financing methods, and actions/approvals required by the existing street owners.

[6] 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 findings shall be submitted with it. The Township Engineer or Council may request additional or supplementary information to clarify or further explain any of the Study's findings or recommendations.

[7] The traffic study shall address specifically the impact of the proposed development on any problems which are identified in the "O'Hara Transportation Problems Inventory" (available from Township Engineer), on the streets adjacent to and serving the development.

[8] If the developer proposed any improvements to off-site traffic problems, preliminary plans shall be submitted, along with preliminary costs, proposed method of financing and cost sharing (if applicable) and time schedule for completing the improvement.

(f) A preliminary drainage plan for providing stormwater management for the PRD, in accordance with the standards of this article. The plan shall include pre- and post-development hydrologic/hydraulic calculations used to prepare it and shall show:

[1] All permanent and temporary watercourses, water bodies and floodplains on the PRD site and within 200 feet of the site boundaries.

[2] 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.

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

[4] All proposed outlet points for storm drainage from the site, including the name of the drainageway (if appropriate).

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

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

(g) A preliminary grading and erosion/sedimentation plan in accordance with Chapter 242, Grading, Chapter 395, Subdivision and Land Development, and this article.

(h) Preliminary architectural elevations of all building sufficient to convey the basic architectural intent of the proposed improvements.

(i) 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, walls and fences and other landscaped buffer areas. The landscaping plan shall also show the lighting for streets and common areas and proposed signage within the PRD (identification, directional, street signs, etc.). Standards are established in this article.

(j) A plan for energy conservation and/or the use of renewable energy sources, such as solar, wind or geothermal energy, if any such techniques or methods are proposed for all or portions of the PRD.

(k) Any documents or reports, such as geotechnical investigations, recreation needs assessments or similar studies, prepared in compliance with the requirements of this article or which provide pertinent background information to the PRD application.

(l) A development schedule indicating the approximate date when the final application for each stage will be filed with the Township; the time each stage 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 shall be submitted.

(m) 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 and/or easements for public utilities.

(n) A common open space and facilities management plan for the ownership and maintenance of all common open spaces, facilities and/or buildings, in accordance with this article.

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

(p) A state of planning activities indicating the reasons that the developers believe the proposed PRD is in the public interest and is consistent with the community development objectives contained in the Township Comprehensive Plan (2013), as amended.

(3) Review of the tentative applications.

(a) Upon acceptance of a complete application, the Zoning Officer shall refer the application to the Planning Commission and the Allegheny County Department of Economic Development ("County Planning Agency") for study and recommendation. The County Planning Agency shall submit its report to the Township within 30 days or forfeit the right to review.

(b) The Planning Commission shall assemble the reviews and comments of the Township Engineer, Fire Marshal, Parks and Recreation Commission, Director of Public Services and other Township staff and any outside experts from whom the Commission has sought advice, and it shall submit its report to Council at least 10 days prior to the public hearing. Copies of this report shall be available to the applicant and public.

(c) Within 60 days after receipt of the tentative application, Council shall have a public hearing pursuant to public notice in a manner prescribed by the Municipalities Planning Code.[2] Council may continue the hearing from time to time and may refer the plan back to the Planning Commission for additional study. However, the public hearing shall be concluded within 60 days after the date of the first public hearing. The conduct of the public hearing shall be in accordance with the Pennsylvania Municipalities Planning Code.

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

(d) Within 60 days following the conclusion of the public hearing, or within 180 days after the date of filing of the application, whichever occurs first, Council shall make a written report by certified mail to the applicant. This report shall either grant tentative approval of the development plan as submitted or grant tentative approval subject to specified conditions not included in the development plan, or deny tentative approval to the plan. Failure to act within the sixty-day period shall be deemed to be a grant of tentative approval of the development plan as submitted.

(e) If tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written report, notify Council of their refusal to accept all said conditions. In this case, Council shall be deemed to have denied tentative approval of the development plan. If the landowner does not, within said period, notify Council of their refusal to accept all said conditions, tentative approval of the development plan, with said conditions, shall stand as granted.

(f) The granting or denial of tentative approval by official written communications shall include conclusions and findings of fact related to the proposal and the reasons for the grant, with or without conditions, or the denial. Also contained in the communication shall be a statement of the respects in which the development plan is or is not in the public interest, including, but not limited to, findings of fact and conclusions on the following:

[1] In those respects in which the development plan is or is not consistent with the Township's stated community development objectives and/or other pertinent plans for the development of the Township.

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

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

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

[5] The relationship, beneficial or adverse, or the proposed PRD to the neighborhood in which it is proposed to be established.

[6] In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and of the residents of the PRD in the integrity of the development plan.

(4) Status of the plan after tentative approval.

(a) The official written communication shall be certified by the Township Manager and filed in their office. Where tentative approval has been granted, the same shall be noted in the Township Zoning Map. Tentative approval shall not qualify a plat of the PRD for recording, development or the issuance of any zoning/building permits. A plan which has received tentative approval shall not be modified, revoked or otherwise impaired by action of the Township without consent of the applicant, provided the application(s) for final approval(s) are being submitted within the specified time period in the written communication granting approval and the developer has not defaulted or violated any conditions of the tentative approval.

(b) In the event tentative approval was granted, but prior to final approval, the applicant elects to abandon said plan and notifies Council in writing or fails to file for final approval within the specified times, the tentative approval shall be deemed to be revoked. All the area in the development plan which has not received final approval shall be subject to the ordinance otherwise applicable thereto and the same shall be noted on the Township Zoning Map and in the records of the Township.

D. Application procedure for final approval of PRD plan (required).

(1) Scope of the application. The application for final approval of the PRD plan may be:

(a) For all the land included in the plan; or

(b) To the extent set forth in the tentative approval, for a section thereof. The final application shall be made to Council within the times specified by the communication granting tentative approval.

(2) Content and form of the final application.

(a) The final site plan, at a scale of not less than one inch equals 100 feet, shall show the following:

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

[2] 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 and pavement edges;

[3] The length and function of all vertical curves;

[4] Location and profile of all existing and proposed sanitary sewer mains and manholes, storm sewers mains, inlet, manholes and culverts, and water mains and fire hydrants;

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

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

(b) 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.

(c) 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.

(d) Landscaping plan and schedule, including but not limited to the following:

[1] 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. The plan must provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment must be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control. Plant material selection will be reviewed for adaptability to physical conditions indicated by site plan locations. The landscaping plan shall include the following:

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

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

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

[d] Species and size of existing plant materials.

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

[f] 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. Plants must be sized according to the following table:

Type	Size
Standard deciduous trees	3-inch to 4-inch caliper
Small ornamental and flower trees	2-inch to 3-inch caliper
Evergreen trees	6 feet to 8 feet in height
Shrubs	Adequate size to be consistent with design insert as determined by the Township

[h] All plant material must meet specifications of the American Association of Nurserymen (AAN) for No. 1 grade. All trees must be balled and roots wrapped in burlap or equivalent.

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

(e) Copies of all local, county, state and/or federal approvals and/or permits issued by the governmental agency. In the event that any of these permits have not been received at the time the final plan is submitted, copies of the permit applications, 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 zoning/building permit shall be issued until all permits have been obtained.

(3) Review procedure.

(a) A public hearing on an application for final approval of the development plan or part thereof shall not be required, provided to 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.

(b) When the 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, Council shall, within 45 days of such filing, grant final approval to said plan.

(c) When the final application contains variations from the plan given tentative approval, Council 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.

(d) When a final application is refused, the applicant may either:

[1] Refile their application without objected variations; or

[2] Request a public hearing on their application for final approval. Either action shall be taken within the time which the applicant was entitled to apply for final approval or within 30 additional days if the same time already passed when the applicant was advised of the denial.

(e) 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, Council shall, by written communication, either grant or deny final approval in the form and content required for an application for tentative approval.

(4) Status of the plan after final approval.

(a) A PRD plan or any part thereof which has received final approval shall be certified by Council and filed by the landowner within 90 days with the Allegheny County Department of Real Estate. Should the plan not be recorded within such period, the action of Council shall become null and void. No development plan shall take place until the plan has been recorded, and from that point of time, no modification of the provisions of said plan or part thereof as finally approved shall be made without the consent of the landowner.

(b) 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 Council or fails to develop the plan according to Council's annually updated schedule, no development shall take place on the property included in the plan until the said property is resubdivided and reclassified by enactment of an amendment to the Township Zoning Ordinance.

E. 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, shall be subject to the provisions of Section 706 of the Municipalities Planning Code.[3]

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

§ 455-11.9 Administration.

A. Relationship of the PRD article to the MPC and other Township ordinances.

(1) It is the intention of the Township Council that all provisions in this PRD article shall be consistent at all times with the authorities and requirements of the Municipalities Planning Code.[1] Wherever there is an inconsistency between the Planning Code and this article, the Planning Code shall take precedence.

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

(2) Where any provision of this article is in conflict with any other requirements or regulations of other portions of the Township Zoning Ordinance, the more restrictive requirement or regulations shall apply. Where any provision or requirement of this article is in conflict with any requirement or specification of Chapter 395, Subdivision and Land Development, or other applicable ordinance of the Township, the provisions of this article shall apply.

(3) Upon enactment of this article by Township Council, said article shall become part of the Zoning Ordinance, and all other provisions of the Zoning Ordinance shall be applicable to development under this article except for where noted in this article or where said provisions or requirements conflict with this article.

B. Modification of provisions of this article. For any particular development, Council shall not act to modify the maximum average residential densities, common open space ratios and permitted use requirements of this article.

C. Development agreement. Following the approval of the final PRD application, but prior to the issuance of any building, grading or other Township permit, the developer and Township Council shall sign a development agreement, prepared by the Township Solicitor, which guarantees the completion of all required improvements and incorporates any specific actions which the developer shall take in accordance with the tentative and final PRD plan approvals. The development agreement shall be in the form and content prescribed by Chapter 395, Subdivision and Land Development, and acceptable to Council and Township Solicitor.

D. Performance guarantee.

(1) 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 contractor(s) chosen by the developer to complete the improvement.

(2) 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 shall 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.

(3) 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.

E. Dedication and maintenance guarantee.

(1) All streets, recreational facilities, surface drainage, water and sewer facilities, and other improvements shown on the final plan shall be privately owned until such time as they have been offered for dedication to the Township and accepted by resolution by Township Council. Nothing in this resolution shall be construed to require the Township to accept any improvements.

(2) Before accepting any such offer of dedication, the Township shall 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 shall be in a form and with a surety approved by the Township Solicitor, guaranteeing that the developer shall maintain all such improvements in good condition for a period of 18 months after the date of acceptance of dedication.

(3) At the end of the said period, if the improvements shall be 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.

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

F. Permits.

(1) Issuance of permits, and all matter pertaining to administration of the plan as finally approved, shall be the responsibility of the Township Zoning Officer, Building Official or Township Engineer, as appropriate.

(2) Upon application of the landowner showing compliance with the requirements of final approval, the Building Official shall issue permits for construction pursuant to the plan, or any section thereof.

(3) The provisions of Article XIX, Administration, as amended, shall be fully applicable to the plan as finally approved insofar as the provisions thereof are consistent with the provisions of this article and the conditions of final approval. The Building Official shall review the progress and status of construction of the plan and render monthly reports thereon to the Council in order to assure compliance with the provisions of this article and the conditions of final approval.

G. Fees. The O'Hara Council shall establish by resolution a schedule of fees to be paid by the developer at the time of filing the tentative and final applications, which schedule shall be available upon request.

H. Homeowners' association. If a homeowners' association is required for any development located within the PRD, it shall adhere to the requirements set forth in § 455-15.41.