Riverfront planned unit developments shall require submission, review and approval of a preliminary application and of a final application in accordance with the following procedures and requirements:

All applications, preliminary and final, shall be submitted to the Zoning Officer in the form specified by this article. No preliminary 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 article. No application shall be placed on the agenda of the next regular meeting of the Planning Commission unless it is received and accepted by the Zoning Officer at least 30 days prior to such meeting.

All applications for preliminary and final approval will include a cash deposit for review fees. Review fees will be assessed the applicant for all reasonable and necessary charges for the Township's Engineer or professional consultants, including but not limited to: architects; traffic, soils and other engineers; and lawyers. The review fees will be charged for the review and report on the application. The amount of the fee will be the rate or cost charged by the engineer or consultant to the municipality when fees are not reimbursed or otherwise imposed on applicants. The procedures relating to billing contained in the Municipalities Planning Code at 53 P.S. § 10503 are incorporated herein by reference.

Prior to submission of a preliminary application, the developer is encouraged to present a schematic plan of the proposed development to the Planning Commission to assure mutual agreement on the location, extent, functioning, public orientation and goals of the proposed riverfront planned unit development; but such agreement shall not be legally binding. Time deadlines applicable to tentative or final approval shall not apply to concept plans.

In the case of a planned riverfront unit development which proposed development of only a portion of the lot owned or controlled by the developer, the developer shall provide a concept plan which clearly delineates the proposed future development of all remaining portions of such parcel. This concept plan may be submitted as a part of the preliminary application.

A location map shall clearly show the location, area and zoning of the tract proposed for development, the area and zoning of adjacent properties and the location and relative distance to existing adjacent streets.

A site analysis study shall include review and analysis of natural and geotechnical features, existing and potential scenic views, and structures or features of an archeological or historic interest.

A site map shall cover the entire tract and all lands within 100 feet of its boundaries and shall clearly and accurately show the following data:

The proposed Riverfront Development Plan shall comprise such maps, at a scale no smaller than one inch equals 50 feet, and text needed to clearly show the following:

The engineering report shall be prepared by a registered engineer and shall include the following data wherever pertinent:

The Traffic Study shall be prepared by a registered traffic engineer and shall show with specificity the amount of traffic which will be generated by the proposed development and the feasibility of accommodating such traffic on adjacent streets. The study shall:

Council shall:

Council shall give tentative approval to a Proposed Riverfront Unit Development Plan if, and only if, it is found to meet the criteria set forth in this article.

In the event a Riverfront Unit Development Plan is granted tentative approval, with or without conditions, Council may set forth in the official written communication the time within which an application for final approval of the Riverfront Unit Development Plan shall be filed or, in the case of a Riverfront Unit Development Plan which provides for development over a period of years, the periods of time within which application for final approval of each part thereof shall be filed.

The decision of Council shall be in writing and shall be given to the developer personally, or mailed to them at their last known address, not later than five working days following the decision.

If the developer chooses to reject any conditions attached to the grant of tentative approval and so notifies Council within 30 days of the date they receive the official written communication, it shall be deemed that the application for tentative approval was denied.

The grant of tentative approval may be revoked by Council if it is notified by the developer of their intention to abandon the proposed Riverfront Unit Development Plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by this article.

The grant of tentative approval shall be promptly indicated on the O'Hara Township Zoning Map, and shall constitute an amendment to the Zoning Map to the effect that the provision of the underlying district shall no longer apply to the area granted tentative approval.

An application for final approval may be for all the land included in a Riverfront Unit Development Plan or, to the extent set forth in the tentative approval, for a section thereof. Application for final approval of each phase shall be filed with the Zoning Officer not later than 12 months following the grant of tentative approval, unless otherwise specified by Council, provided that Council may approve an extension of this time period on written request of the developer.

The application shall be at the same scale and in the same format as the preliminary plan and shall be comprised of one reproducible copy and 12 prints of the Riverfront Unit Development Plan for the phase, including a site plan and supplementary data, a development agreement, and a certificate of completion of improvement or a guarantee of improvements as required by this article, as well as any conditions set forth in the official written communication at the time of tentative approval.

In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the article and the official written communication of tentative approval, Council shall, within 60 days of such filing, grant such Riverfront Unit Development Plan final approval.

In the event the Riverfront Unit Development Plan as submitted contains variations from the Riverfront Unit Development Plan given tentative approval, Council may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the developer in writing of said refusal, setting forth the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the developer may either:

Any such public hearing requested by the developer shall be held within 30 days after the request for the hearing is made by the developer. Within 30 days after the conclusion of the hearing, Council shall be official written communication either grant final approval of the Riverfront Unit Development Plan or deny final approval. The grant or denial of final approval of the Riverfront Unit Development Plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval.

Riverfront. The proposed Riverfront Unit Development Plan incorporates plans and means for improving public access to, use of, and enjoyment of the scenic and other assets of the Allegheny River, and furthers the goals of the Township relative to the use and preservation of riverfront property.

Comprehensive Plan. The proposed Riverfront Unit Development Plan preserves the community development objectives of this article and is consistent with the Comprehensive Plan.

Comparable departure. Where the proposed Riverfront Unit Development Plan departs from zoning and subdivision and land development regulations otherwise applicable to the subject property, such departures must be shown to be in the public interest and promote the health, safety, and general welfare of the public.

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

Infrastructure. The physical design of the proposed Riverfront Unit Development Plan adequately provides for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation and visual enjoyment.

Neighborhood. The total environment of the proposed Riverfront Unit Development Plan is harmonious and consistent with the neighborhood in which it is located, and that the long-term development of any unused portion of the land owned or controlled by the developer will be harmonious and consistent with the portion of the land proposed for approval.

Environment. The proposed Riverfront Unit Development Plan will afford a greater degree of protection of natural watercourses, topsoil, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding than if subject property were development in accordance with the provisions of this chapter and Chapter 395, Subdivision and Land Development, which otherwise apply.

The Riverfront Unit Development Plan will provide for a reasonable balance between commercial and residential uses, and the residential area will be of adequate size and design to provide a long-term assurance of a sound residential environment for its population. Notwithstanding the foregoing, total residential or nonresidential development would be acceptable. The following development ratios and minimum open space shall be used in the preparation of an RUD plan:

Safety. No use or design feature in the proposed riverfront planned unit development shall involve any element or cause any condition or traffic hazard that may be dangerous, injurious, or noxious to any other property or persons. Consideration of potential traffic hazards shall include, but not be limited to, the effect of the Riverfront Unit Development Plan on traffic congestion on the roads, streets, and highways affected by the riverfront planned unit development.

Timing. In the case of a Riverfront Unit Development Plan which proposes development over a period of years, the Riverfront Unit Development Plan will provide at each stage of development a sufficient proportion of open space, planned facilities and amenities, and other improvements and conditions as required in this article and as intended to protect the interests of the public and of the residents of the riverfront planned unit development and the integrity of the Riverfront Unit Development Plan.

Modifications may be allowed only by Council approval when the modifications are minor, do not negatively impact the plan and are in the public interest.

The procedures followed for modifications will be those for final approval with variations, as set forth in § 455-13.3H(2) and (3).

The site must provide for access from an arterial street to ensure convenient and safe access which will not cause undue congestion or safety hazards on local streets. The Council may approve access using a service road to connect to an arterial street where there is a finding of fact and recommendation by the Planning Commission that such service road meets the goals of this section. The minimum frontage abutting on a public right-of-way shall not be less than 100 feet.

Where the traffic study indicates that the traffic to be generated by the proposed Riverfront Unit Development Plan shall not be approved except: (a) in phases which correspond to the provision of such required capacity and safety improvements designed to mitigate such hazard; and (b) only when the hazard has been mitigated. A hazard to safety shall be deemed to occur when traffic at any part of any intersection required to be included in the Traffic Study during a twenty-four-hour period or at the peak periods would exceed the following service levels (as defined by the Transportation Research Board Highway Capacity Manual, most recent edition);

Notwithstanding Subsection E(2) above, the Township Engineer may recommend a waiver for intersections not meeting the aforementioned service levels. This recommendation will be made only when it is demonstrated by the applicant that no mitigating action is feasible for the particular intersection, with this determination to be based on cost, additional volumes of traffic contributed by the proposed development, type of movements, number of unacceptable movements, type of development, existing volumes of traffic and other appropriate factors.

Where the Riverfront Unit Development Plan includes an aggregate of development sites or parcels under single control, and the land use or uses proposed will generate a total of 8,000 average weekday trips or more, grade-separated crossing shall be required at the points of intersecting streets or roadways deemed by the Township Engineer to constitute a hazard to safety. Such hazard may be the result of design deficiency, capacity deficiency or a combination of those characteristics which because of the introduction of additional traffic volumes results in a hazard to safety. "Grade-separated crossing" refers to having traffic cross any railroad track either above or below the track (i.e., tunnel or bridge) but not directly over it.

Marina, including appropriate accessory uses such as boat sales and service, restaurants, and recreational facilities;

Public recreation, exclusive of public boat launching;

Townhouses and attached single-family dwellings;

Garden apartments;

Mid-rise apartments;

Retail stores including, but not limited to, such businesses as book, periodical and stationery stores, florists, hardware stores and music stores;

Personal service shops, including but not limited to barber and beauty shops; dressmaker, tailor and milliner shops; laundries, shoe repair shops and travel agencies;

Business service shops, including but not limited to real estate and insurance sales and travel agencies;

Banks, financial institutions;

Business and professional offices;

Specialty or convenience food markets having no more than 5,000 square feet gross floor area;

Theaters having no more than 1,800 seats;

Restaurants;

Motels on sites meeting the standards of § 455-14.28, and having not less than 1,200 square feet of lot area per sleeping unit;

Health or fitness clubs;

Private clubs;

Museums, galleries or similar cultural facilities;

Commercial recreation uses, as appropriate to the riverfront location, including walkways, overlooks, excursion boat landings;

Public parking facilities;

Accessory uses;

Essential services;

Commercial riverboat gambling establishments, if and when authorized by all applicable laws, including riverboats, docking of riverboats, and related parking and ancillary facilities;

Group care facility;

Independent living facility;

Geothermal energy facility.

Solar energy facility.

Marine equipment sales and services except as an accessory use;

Sales and/or service of vehicles, vehicular parts or accessories;

Gasoline stations;

Drive-in establishments;

Retail business uses over 5,000 square feet in gross floor area;

Nursery retail outlets, greenhouse, or garden supplies sales;

Sales or showrooms for building, plumbing, heating or similar supplies;

Wholesale merchandising;

Hospital, medical laboratory or clinic;

Veterinary office, animal hospital or kennel;

Beverage distributor;

Secondhand merchandising other than arts and antiques;

Boat launching facilities except as an accessory use; and

Landing area for helicopters or any other aircraft.

Land assigned to residential usage shall include street rights-of-way, buffers and that portion of the required open space serving the residential areas. Land area located underwater and beyond the shoreline of the river shall not contribute to lot area for density calculations nor to open space calculations.

Density for residential units located within a structure containing stores, shops or offices shall count every 1,000 square feet of gross commercial area within the structure as a dwelling unit.

The maximum building coverage for development shall not be greater than 40% of the total lot area exclusive of streets assigned to such use.

Dedicated for public use to a public body which agrees to operate and maintain the dedicated land and facilities; however, no public body is obliged by this article to accept such dedication; or

Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities. Such organization may not be dissolved nor dispose of the common open space unless the maintenance of the common open space is otherwise guaranteed to the Township's satisfaction.

If the organization established to own and maintain common open space, or any successor organization, fails to maintain such common open space in reasonable order and condition in accordance with the riverfront planned unit development, the Township may serve written notice upon such organization or upon the residents of the riverfront planned unit development setting forth the maintenance deficiencies, requiring correction of deficiencies within 30 days, and stating the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies so set forth shall not be corrected within the specified time limit, the Township, in order to preserve the taxable values of the properties within the riverfront unit development and to prevent the common open space from becoming a public nuisance, may enter upon and maintain the common open space for one year. This maintenance shall not constitute a taking nor vest in the public any rights to use the common open space. Before the expiration of the year, the Council shall set a public hearing where such organization or residents of the riverfront unit development may show cause why maintenance by the Township should not continue for another year. If Council determines that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Council shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

The cost of such maintenance by the Township shall be assessed ratably against the properties within the riverfront unit development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file with the County a notice of lien upon properties affected. The Township may take any other steps, at law or in equity, to recover the cost of such maintenance from the owners of the properties within the riverfront unit development.

A planted visual barrier or landscape screen shall be provided and maintained by the developer on every yard between any contiguous commercial and residential uses. This screen shall be not less than 10 feet in depth and composed of both evergreen and deciduous plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens having a minimum caliper no less than 3 1/2 inches, and planted at intervals that will assure a visual screen within two years of planting which blocks not less than 50% of the structures and facilities on the commercial site. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet, placed in alternating rows to produce a dense visual barrier. Any plant not surviving three years after planting shall be replaced.

A masonry wall or earth mound not less than five feet in height and a landscape screen shall be provided and maintained by the developer on every yard between any contiguous industrial and residential uses and adjacent to every railroad right-of-way. The screen shall not be less than 55 feet in depth with the composition and management pursuant to § 455-14.21.

It is the stated objective of O'Hara Township to preserve, through certain height limitations, a viewshed of the riverfront area, within which reasonable opportunities to develop have been provided.

No principal use structure shall have a height greater than three stories, or 35 feet, except as provided for herein. Chimneys, spires, towers, tanks, or similar projections may exceed the prescribed height limitation by not more than 10 feet.

Structures not to exceed a maximum height of 75 feet may be authorized by Council if there is a finding of fact that the taller structure will not negatively affect views from surrounding areas, if the average floor area of such structure is no greater than 15,000 square feet, and if there is no more than one such structure for every 10 acres of site area in the riverfront planned unit development.

Fire equipment substations. New and existing buildings five stories or higher or 50 feet or higher shall provide the following fire equipment and fire substation storage area:

Off-street parking spaces and off-street loading spaces shall be provided in accordance with the provisions of this chapter. Council may approve alternate design standards for off-street parking in response to specific site conditions such as attendant parking, indoor parking, interaction between different abutting uses, or a clearly documented difference between expected parking load and required parking spaces. Where underground parking is provided for motels, Council may reduce the lot area required by 300 square feet for each parking space so provided.

Parking lots having an area of 4,000 square feet or more shall be landscaped with trees, shrubs and other plantings, appropriate in hardiness to their location, in accordance with the following:

Street lights shall be provided by the developer throughout the riverfront planned unit development. Lighting standards for pedestrian areas and walkways shall not be higher than 12 feet above ground level; lighting standards for parking areas and streets shall not be higher than 18 feet above ground level; and the level of illumination shall conform to Township requirements. Streetlights shall be located to ensure adequate illumination in order to protect the safety of the visitors and residents of the riverfront planned unit development.

Streets shall be related to street plans or parts thereof as have been officially adopted by the Township. Proposed streets shall conform to the requirements herein as well and as to any other plans, statute, ordinance, law or regulation applicable thereto. Streets shall be logically related to the topography in order that usable sites and reasonable grades shall be produced. Provisions will be required to accommodate traffic from adjacent areas, but minor streets should be laid out so as to discourage through traffic.

Where a planned development abuts or contains an existing or proposed major traffic street, Council may require marginal access streets, rear service alleys, reverse-frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with major streets, and separation of local and through traffic.

Drainage structures, culverts, storm sewers, ditches and related installations shall be provided to ensure adequate drainage of all points along the streets.

Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the riverfront planned unit development. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear, and at all angles and property lines of lots and at all other lot corners.

Pedestrian walks shall be required where necessary to assist circulation or provide access throughout the development and its open space, along the riverfront and to community facilities. Walkways shall either be provided between the river and any structure located beside the river or in a convenient and attractive location around the building. Such interior walks shall have a paved width of not less than four feet and be so improved as to assure accessibility to handicapped persons.

Bikeways, where provided, shall meet the requirements of the Pennsylvania Department of Transportation.

Erosion and sedimentation control. When topsoil has been removed from the surface on a slope where erosion may cause a displacement of loose material, the area shall be seeded or otherwise treated as soon as possible to prevent damage to adjacent property or streets.

Utilities located within a planned development shall all be located underground.

No Riverfront Development Plan shall be finally approved unless all public and private improvements required by this article have been installed in strict accordance with this article or a guarantee that the improvements will subsequently be installed by the developer, in the form of a bond, letter of credit or deposit of funds or securities in escrow which are acceptable to the Council and are in an amount equal to 110% of the estimated cost of all required improvements. The performance guarantee shall also ensure completion of amenities which include, but are not limited to, to the installation of trees, shrubbery, and other plant materials, installation of sidewalks, fences or other landscape materials, the provision of driveways, pathways or other related remedy to circulation, and the demolition and removal of any structure or nonconforming signs as required by this article or which the developer has agreed as a condition of approval, to provide and install. Such bond or other security shall provide for, and secure to the public, the completion of all declared improvements within a period of three years from the date of final approval of the plan. A performance guarantee will not be required from the developer for improvements which have been mandated to be bonded separately by other review agencies, authorities or divisions of government.

Surety bonds to ensure satisfactory completion of required public and private improvements and maintenance, inspection procedures and acceptable of any public rights-of-way shall conform to the requirements of Chapter 395, Subdivision and Land Development.

Residential uses:

Commercial and office uses:

Conditional uses.

Sales and/or service of vehicles, vehicular parts or accessories.

Gasoline stations.

Drive-in establishments.

Retail uses over 5,000 square feet in gross floor area.

Nursery retail outlets, greenhouse, or garden supplies sales.

Sales or showrooms for building, plumbing, heating or similar supplies.

Wholesale merchandising.

Hospital, medical laboratory or clinic.

Veterinary office, animal hospital or kennel.

Beverage distributor.

Secondhand merchandising other than arts and antiques.

Boat-launching facilities except as an accessory use.

Landing area for helicopters or any other aircraft.

Marine equipment sales and services except as an accessory use.

The number of dwelling units for residential uses shall not exceed 18 units per gross acre of land assigned to residential usage.

Nonresidential uses shall not exceed 10,000 square feet of gross floor area per acre.

Mixed-use structures shall not exceed 10 units per acre. Nonresidential uses shall count every 1,000 square feet of gross floor area dedicated to nonresidential use as one dwelling unit.

The maximum building coverage for development shall not be greater than 40% of the total lot area.

Off-street parking spaces and off-street loading spaces shall be provided in accordance with the provisions of this chapter. Council may approve alternate design standards for off-street parking in response to specific site conditions such as attendant parking, indoor parking, interaction between abutting uses, accessibility to mass transit, bike and pedestrian systems, river transportation, or a clearly documented difference between expected parking load and required parking spaces.

Parking lots having an area of 4,000 square feet or more shall be landscaped with trees, shrubs and other plantings appropriate in hardiness to their location in accordance with the following:

Streetlights shall be provided by the developer throughout the riverfront infill development. Lighting standards for pedestrian areas and walkways shall not be higher than 12 feet above ground level; lighting standards for parking areas and streets shall not be higher than 18 feet above ground level; all lighting shall conform to § 455-15.1G. Streetlights shall be located to ensure adequate illumination in order to protect the safety of the visitors and residents of the riverfront development.

Streets shall be related to street plans or parts thereof as have been officially adopted by the Township. Proposed streets shall conform to the requirements herein as well and as to any other plans, statute, ordinance, law or regulation applicable thereto. Streets shall be logically related to the topography in order that usable sites and reasonable grades shall be produced. Provisions will be required to accommodate traffic from adjacent areas, but minor streets should be laid out so as to best accommodate infrastructure and manage traffic flow appropriately.

Where a riverfront development abuts or contains an existing or proposed major street, Council may require marginal access streets, rear service alleys, reverse-frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with major streets, and separation of local and through traffic.

Drainage structures, culverts, storm sewers, ditches and related installations shall be provided to ensure adequate drainage of all points along the streets.

Stormwater management facilities should be installed according to the Pennsylvania Stormwater Best Management Practices (BMP) Manual.

Pedestrian walks shall be required to assist circulation or provide access throughout the development and its open space, along the riverfront and to community facilities. Walkways shall either be provided between the river and any structure located beside the river or in a convenient and attractive location around the building. Walkways shall have a paved width of not less than four feet and be so improved as to assure accessibility to handicapped persons.

A multiuse/purpose trail shall be provided along the riverfront. This trail shall connect with adjacent trails and form a continuous trail along the riverfront.

Bikeways, where provided, shall meet the requirements of the Pennsylvania Department of Transportation's Highway Design Manual (Publication 13M, Chapter 16).

Erosion and sedimentation control. When topsoil has been removed from the surface on a slope where erosion may cause a displacement or loose material, the area shall be seeded or otherwise treated as soon as possible to prevent damage to adjacent property or streets.

Utilities located within a riverfront development shall all be located underground.