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.

When effectuation of a proposed lot-averaged 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:

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

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:

Any use or facility in a floodplain shall comply with all applicable provisions of Chapter 230, Floodplain Management, as hereinafter may be amended.

These areas shall remain as permanent open space.

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.

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, road, etc.).

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

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.

The 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.

To assure that the maximum rate of stormwater runoff (from any storm described based on allowable impervious surface area), is not greater after development than prior to development activities; or

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

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 for the site. The applicant shall utilize information and recommendations contained in the Allegheny County Act 167 Stormwater Management Plan or Chapter 385, Part 1, Stormwater Management Regulations, or any other study or document, which is supplied by the Township and for sites otherwise located. All calculations shall be based on full and maximum development of all sites within 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 proposed alternative stormwater management controls, the applicant must document the difference or deviation to the satisfaction of the Township Engineer and Township Council.

All stormwater management plans for the proposed LA 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 Methods. (SCS Publication TR-55).

Any storage facilities (on- or off-site) must be designed to control post-development discharges 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.

Where the site's stormwater management plan proposes to connect with 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 395, Subdivision and Land Development, as amended.

The entrances/exits to the LA 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-maintained road, a copy of the required access permit must be submitted to the Township prior to final approval of the LA.

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

Principal (primary) access to a LA-1, LA-2, or LA-4 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 article. Lot-averaged development of 40 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.

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 Pennsylvania Department of Environmental Protection. 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 article.

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 ordinance and state, county and federal regulations.

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.

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, such as homeowners' fees or assessments for funding to cover annual operation, maintenance and replacement costs.

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

A vicinity map at a scale of one inch equals 800 feet showing the locations 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 (schools, parks, etc.).

A LA site plan of the development shall include the following information:

A utility plan at the same scale as the LA 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 LA 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.

A circulation plan showing vehicular and pedestrian circulation including streets, driveways, paths, sidewalks, bikeways. Notations of proposed ownership, rights-of-way and cartway widths, and construction types should be included as appropriate.

A preliminary drainage plan for providing stormwater management for the LA, 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:

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

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 lighting for streets and proposed signage within the LA (identification, directional, street signs, etc.). The amenities herein listed shall be installed in compliance with the provisions of Article XIV of this chapter.

A plan for energy conservation and/or the use of renewable energy sources, such as solar energy, if any such techniques or methods are proposed for all or portions of the LA.

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 application.

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. A site plan illustrating the phasing shall be submitted.

The substance of covenants, grants of easements, or other restrictions to be imposed upon the use of land, including proposed grants or easements for public utilities.

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

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

Upon acceptance of a complete application, the Zoning Officer shall refer the application to the Planning Commission and the Allegheny 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. [Section 704(b) MPC[2]]

The Planning Commission shall assemble the reviews and comments of the Township Engineer, Fire Marshal, Park and Recreation Commission, County Planning Agency, 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.

Within 60 days after the receipt of the tentative application, Council shall have a public hearing pursuant to public notice in a manner prescribed by the Municipalities Planning Code.[3] 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.

Within 60 days following the conclusion of the public hearing, or within 180 days of the 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 applicable period shall be deemed to be a grant of tentative approval of the development plan as submitted.

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.

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:

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 LA 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.

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.

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

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 hereof and including proposed grades and/or easements for such utilities.

Copies of all local, county, state and/or federal approvals and 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 application, or a letter from the permit agency that the application is being reviewed, shall be submitted. Final plan approval may be granted subject to the receipt of all required permits; however, no zoning/building permit shall be issued until all permits have been obtained.

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

When 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, as specified in Section 711 of MPC,[4] grant final approval to said plan.

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.

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

If no action is taken by the applicant, the plan is deemed to have been abandoned. If a public hearing is requested pursuant to this section, 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.

A LA 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 Recorder of Deeds. 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.

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 an annually updated schedule submitted to Township Council, 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.

To further mutual interest of the residents of the lot-averaged 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 LA in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plans as finally approved, whether those are recorded by plat, covenant, easement, or otherwise, shall be subject to the provisions of Section 706 of the Pennsylvania Municipalities Planning Code.[5]