    [From the U.S. Government Printing Office, www.gpo.gov]

       U1%                                 LARINCE PARK TOMISHIP
                                  PLANINNED TR'E'*SIDENTIAL DEVELOPMENr ORDINANCY

                                              Developed as part
                                        of the Implementation of the
                                Pennsylvania Coastal Zone Management Program

                HD
                1390.3
                P4
                L-35
                1914                           August 13, 1984

                                              TABLE OF CONTENTS

                                                                                              Page

            ARTICLE 1 - GENERAL PROVISIONS                                                     1-3

                  Section 101   SHORT TITLE                                                     1
                  Section 102   PURPOSE                                                         1
                  Section 103   COMPLIANCE                                                      2
                  Section 104   HARDSHIP                                                        2
                  Section 105   AMENDMENT                                                       2
                  Section 106   CONFLICT                                                        3
                  Section 107   VALIDITY                                                        3
                  Section 108   EFFECTIVE DATE  AND REPEALER                                    3

            ARTICLE 2 - DEFINITIONS                                                            4-6

            ARTICLE.3 - QUALIFICATION  S AND SPECIFICATIONS                                   7-12

                  Section 301   ELIGIBILITY                                                     7
                  Section 302   PERMITTED USES                                                  7
                  Section 303   DENSITY                                                         7
                  Section 304   DESIGN STANDARDS                                                8
                  Section 305   IMPROVEMENTS                                                    9
                  Section 306-  DEVELOPMENT IN STAGES                                          10
                  Section 307   MANAGEMENT OF COMMON OPEN SPACE, STREETS
                                   OR FACILITIES                                               10

            ARTICLE 4 - PLAN   SPECIFICATIONS                                                13-19

                  Section 401   APPLICATION FOR TENTATIVE APPROVAL OF
                                   PRELIMINARY PLANS                                           13
                  Section 402   TENTATIVE APPROVAL PROCEDURES                                  14
                  Section 403   APPLICATION FOR APPROVAL OF FINAL PLAN                         17
                  Section 404   FINAL APPROVAL PROCEDURES                                      17
                  Section 405   RECORDING AND ABANDONMENT                                      19

            ARTICLE 5    ADMINISTRATION                                                        20

                  Section 501 SUBDIVISION ADMINISTRATION                                       20
                  Section 502 ZONING ADMINISTRATION                                            20

            APPROVAL PAGE                                                                      21

                                               Property of CSC Library

      JL

                                PLANNED RESIDENTIAL DEVELOPMENT ORDINANCE

                            LAWRENCE PARK TOWNSHIP, ERIE COUNTY, PENNSYLVANIA

                                          ORDINANCE NO.

            AN ORDINANCE REGULATING THE SUBDIVISION OF:LAND WITHIN A PLANNED RESIDENTIAL
            DEVELOPMENT FOR THE PURPOSE OF SALE OR BUILDING DEVELOPMENT: DEFINING TERMS,
            PROVIDING REGULATIONS, REQUIREMENTS AND DESIGN STANDARDS: PRESCRIBING PRO-
            CEDURES FOR THE PRESENTATION AND APPROVAL OF SUCH LAND DEVELOPMENTS: AND
            PRESCRIBING PENALTIES AND VIOLATIONS.

            Ordained and enacted by the Board of Commissioners of Lawrence Park Township,
            Erie County, Pennsylvania under the provisions of Article VII of the Pennsylvania
            Municipalities Planning Code (Act 247 of July 31, 1968, as amended) hereinafter
            referred to as the "Pennsylvania Planning Code."

                                                ARTICLE 1
                                           GENERAL PROVISIONS

            Section 101 SHORT TITLE

            This Ordinance shall be known and may be cited as "LAWRENCE PARK TOWNSHIP PLANNED
            RESIDENTIAL DEVELOPMENT ORDINANCE".

            Section 102 PURP09E

            This Ordinance is adopted for the following purposes:

            To ensure that the provisions of the Lawrence Park Township Zoning Ordinance which
            are concerned with the uniform treatment of dwelling type, bulk, density and open
            space within each zoning district, shall not be applied to the improvement of land,
            Dy other than.lot-by-.lor- development, in a manner which would distort the objec-
            tives of that Ordinance.

            To encourage innovations in residential development and renewal so that the growing
            demand for housing may be met.by-greater variety in type, design and layout of
            dwellings and by the conservation and more efficient use of open space ancillary
            to said dwellings.

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

            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 enure to
            the benefit of those who need homes.

             To encourage more flexible land development which will respect and conserve natural
             resources such as streams, lakes, flood plains, groundwater, wooded areas, steeply-
             sloped areas, and areas of unusual beauty or importance to the natural ecosystem.

             To ensure that the provisions of the Lawrence Park Township Subdivision and Land
             Development Ordinance which are concerned with the uniform treatment of the sub-
             division of land and land development shall not be applied to the improvement of
             land, by other than lot-by-lot development, in a manner which would distort the ob-
             jectives of that Ordinance.

             In aid to these purposes, to provide a procedure which can 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 in a manner consistent with
             the preservation of the property values within existing residential areas, and to
             assure that the increased flexibility of regulations over land development esta-
             blished hereby is carried out pursuant to sound, expeditious and fair administra-
             tive standards and procedures.

             Section 103 COMPLIANCE

             No planned residential development or any lot, tract, or parcel of land within
             such development shall be 6ffect6d, no street, sanitary sewer, storm sewer, water
             main, or other facilities in connection therewith shall be laid out, constructed,
             opened or dedicated for public use and travel, or the common use of occupants of
             building abutting thereon, except in accordance with the provisions of this
             Ordinance. No lot in a planned residential development may be sold, no permit
             to erect, alter or repair any building in such development may be issued, unless
             and until a plan of such development shall have been approved and properly recorded,
             and until the improvements required by the Board of Commissioners in connection
             therewith shal-1 have either been constructed or guaranteed as herein provided.

             In addition to the provisions of this Ordinance, all requirements of the Lawrence
             Park Township Zoning Ordinance and the Lawrence Park Township Subdivision and Land
             Development Ordinance, which are not specifically altered or waived by this Ordi-
             nance, shall be complied with.

             Section 104 HARDSHIP

             Where, owing to special conditions, a literal enforcement of this Ordinance would
             result in  unnecessary hardship, the Board of Commissioners may make such reasonable
             exceptions thereto as will not be contrary to the public interest, and may permit
             the sale of a lot, issuance of a permit, or erection of a building subject to con-
             ditions necessary to assure adequate streets and other public improvements.

             Section 105   AMENDMENT

             This Ordinance as set forth herein may be amended, altered or revised by the Board
             of Commissioners from time to time after a public hearing is held pursuant to
             public notice. In case of an amendment other than that prepared by the Planning
             Co=i_ssion, -he Board of Cc=issioners shall subm-T+- each such auiendment to the
                          7
             Pf@inniing Commission and th'e-"C6u*'nty4'Pianning Department for recommendation at least
             thirty C30) days prior to date of the public hearing.

                                                       -2-

            Section 106 CONFLICT

            Whenever there is a difference between the minimum standards or dimensions speci-
            fied herein and those contained in other regulations, resolutions or ordinances
            of Lawrence Park Township, the highest standard shall govern.

            Section 107 VALIDITY

            Should any provision of this Ordinance be declared invalid by a court of competent
            jurisdiction, such decision shall not affect the validity of this Ordinance as a
            whole or of any other provision thereof.

            Section 108 EFFECTIVE DATE AND REPEALER

            The Ordinance shall become effective                    and shall remain in effect
            until modified or rescinded by the Board of Commissioners.

                                                   -3-

                                                ARTICLE 2
                                               DEFINITIONS

             nless otherwise expressly stated, the following terms shall, for the purpose of
             this Ordinance,-.have@tbe meaning indicated.
             U

             Words in the singular include the plural, and words in the plural include the
             singular. The word "person" includes a corporation, unincorporated, associated,
             and a partnership as well as an individual. The word "building" includes
             11structure" and shall be construed as if followed by the words "or part thereof."
             The word "street" includes "road," "highway," and "land;" and "watercourse" in-
             cludes "drain," "ditch," and "stream". The words "shall" or "will" are mandatory,
             and the words "may" and "should" are permissive.

             All words defined in the Lawrence Park Township Zoning Ordinance and in the
             Lawrence Park Township Subdivision and Land Development Ordinance shall be
             construed to be defined as such within this Ordinance.

             APPLICANT: A landowner or developer, as hereinafter defined, who has filed an
             ap'plication for devel6pbetit inc1tidihg -his* h@-ir-s,"�Ve't6ssot�":,and"as@.5!gns.

             AVERAGE GROSS RESIDENTIAL DENSITY: The number of dwelling units per acre in a
             planned residential development, computed by dividing the number of dwelling
             units which the applicant proposes to construct by the number of acres in the
             development which are planned to be devoted to residential and open space use.
             If the developer dedicates land for sites for schools or other public facilities,
             such land shall be included in the total land area used in computing maximum
             permissible average gross density.

             BOARD OF COMMISSIONERS: The duly elected governing body of Lawrence Park Town-
             ship, Erie County, Pennsylvania.

             COMMON OPEN SPACE: A parcel or parcels of land or an area of water, or a combi-
             nation of land and water within a development site and designed and intended for
             the use or enjoyment of residents of a planned residential development, not in-
             cluding streets, off-street parking areas, and areas set aside for public
             facilities.
             'C-0'UN*TY PLANNING DEPARTMENT: The Erie County Department of Planning, Erie County,
             Pennsylvania.

             DEVELOPMENT PLAN: The provisions for development of a planned residential develop-
             ment, including a plat of subdivision, all covenants relating to use, location
             and bulk of buildings and other structures, intensity of use or density of develop-
             ment, streets, ways and parking facilities, comm n open space and public facilities.

             DEVELOPER: Any landowner, agent of such landowner or tenant with the permission
             of such landowner, who makes or causes to be made a land development.

             EASEMENT: A right granted to use certain private land for a utility or physical
             access, which is not inconsistent with the general property rights of the owner.

                                                   -4-

            IMPROVEMENT OF LAND: Those physical additions and changes to the land that may be
            necessary to produce usable and desirable lots, including grading, water mains,
            sanitary sewers, storm sewers and drains, street shade trees, street signs and
            monuments, street paving and lights, and curbs and sidewalks.

            LAND DEVELOPMENT: (1) the improvement of one lot or two or more contiguous lots,
            tracts or parcels of land for any purpose involving (a) a group of two or more
            buildings, or (b) the division or allocation of land or space between or among
            two or more existing or prospective occupants by means of, or for the purpose of
            streets, common areas, leaseholds, condominiums, building groups or other features;
            (2) a subdivision of land.

            LANDOWNER: The legal or beneficial owner or owners of land including the holder
            of an option.or contract to purchase (whether or not such option or contract is
            subject to any condition), a lessee if he is authorized under the lease to exer-
            cise the rights of the landowner, or other persons having a proprietary interest
            in land, sHall be deemed to be a landowner.

            LOT: A parcel of land occupied or capable of being occupied by one or more struc-
            tures or dwelling units in a structure, providing the requirements of this Ordinance
            are met,

            MASTER PLAN: The Lawrence Park Township Comprehensive Plan Update which is the
            comprehensive general plan, or any of its parts, for the future growth, protection
            and development of Lawrence Park Township.

            PENNSYLVANIA PLANNING CODE: Pennsylvania Municipalities Planning Code, Act 247
            of July 31, 1968, and amendments to.same as may be adopted from time to time.

            PLANNED RESIDENTIAL DEVELOPMENT: An area of land, controlled by a landowner, to
            be developed as a si*ngle entity for a number of dwelling units, the development
            plan for which- does not correspond in lot size, bulk or type of dwelling, density,
            lot coverage- and required open space to the regulations established in any one
            residential district created, from time to time, under the provisions of a munici-
            pal zoning ordinance.

            PLANNING COMMISSION: The duly appointed Planning Commission of Lawrence Park
            Township, Erie County, Pennsylvania.

            PLAT: The map or plan of a subdivision or land development, whether preliminary
            or final.

            PUBLIC NOTICE: Notice published once each'week for two successive weeks in a news-
            paper of general circulation in the municipality. Such notice shall state the time
            and place of the hearing and the particular nature of the matter to be considered
            at the hearing. The first publication shall be not more than thirty (30) days or
            less than fourteen (14) days from the date of the hearing.

            RIGHT-OF-WAY: Land dedicated for use as a public street, alley or crosswalk,
            which may also be used by sewer, water, storm sewer, electric, gas, telephone
            and cable systems.

                                                    -5-

            STREET: A general term used to describe a right-of-way, municipally or privately
            owned, serving as a means of vehicular and pedestrian movement and access to adja-
            cent properties, furnishing space for sewers, public utilities, and shade trees.
            The streets are classified by function as follows:

                 1.  Local Street: A street used as the principal means of access to
                     adjacent properties serving only a comparatively small number of
                     dwellings.

                 2.  Collector Street: A street or road connecting local streets to each
                     other, to community facilities, and to primary or major thoroughfares,
                     serving only the neighborhood traffic.

                 3.  Primary or Major Thoroughfares: A street connecting district centers,
                     servicing large volumes of through, fast traffic, preferably located-
                     outside or bounding the residential neighborhoods.

                 4.  Others:

                     a.  Alley: (or Service Drive) A strip of land over which there is
                         a right-of-way, municipally or privately owned serving as a
                         secondary means of access to two or more properties.

                     b.  Cul-de-sac: A residential  street with one end open for public
                         vehicles and pedestrian access and the other end terminating
                         in a vehicular turnaround.

                     c.  Crosswalk: A right-of-way which cuts across a block to furnish
                         access for pedestrians to adjacent streets or properties.

                     d.  Marginal Access Street: A street parallel and adjacent to pri-
                         mary or major thoroughfares providing access to abutting pro-
                         perties and control of intersections with major thoroughfares.

            SECTION; A  geographical area or tract which is part of a proposed planned residen-
            tial development which will be developed according to a timetable for development
            over a period of years included by the applicant in the development plan.

            STA.GE; A section or sections of which an applicant proposes to commence develop-
            me nt at a given time, as part of a timetable for development of a planned residen-
            tial development over a period of years.

            TOWNSHIP: Lawrence Park Township, Erie County, Pennsylvania.

                                                   -6-

                                               ARTICLE 3
                                   QUALIFICATIONS AND SPECIFICATIONS

            Section 301 ELIGIBILITY

            To develop land as a planned residential development shall be considered a possi-
            bility rather than a right of the applicant, landowner or developer. A proposed
            planned residential development shall be considered at the discretion of the Board
            of Commissioners, which may or may not approve the proposal. If the proposal is
            not approved by the Board of Commissioners, the land shall be developed in strict
            conformance with all the provisions of the lawrence Park Township Zoning Ordinance
            and the Lawrence Park Township Subdivision and Land Development Ordinance.

            No application for approval of a planned residential development shall be con-
            sidered unless the following conditions are met.

            The planned residential development shall be served by the public sewage disposal,
            water supply and storm water disposal systems of the Township which shall be guar-
                                                                                            V.
            anteed by the applicant and implemented at the time construction of structures in
            the devel6pm4i:it-c&@mences.

            The proposed planned residential development shall be consistent with the Master
            Plan and located within an R-2 Residential District as designated in the Lawrence
            Park Township Zoning Ordinance.

            Section 302 PERMITTED USES

            A planned residential development may include residential uses, with dwelling
            units in detached, semi-detached, attached or multi-storied structures with
            single family, two family and multi-family dwellings in singles, sets or combi-
            nations thereof. To the extent they are designed and intended primarily to
            serve the residents of the planned residential development, recreational, commer-
            cial,*educational and institutional uses may also be permitted.

           _Sqq@@on 303 DENSITY

            The maximum allowable average gross residential density for a planned residential
            development shall be six (6) dwelling units per acre, except that higher densities
            may be permitted in accordance with the bonus provisions contained in this section.
            In no event shall the average gross residential density exceed nine (9) dwelling
            units per acre.

            No more commercial development shall be allowed than expert market analysis shows
            to the satisfaction of the Board of Commissioners will be needed to serve the
            resident.population of the planned residential development. In no case shall it
            exceed one Cl) acre of commercial development per one hundred (100) dwelling units
            or fraction thereof in the planned residential development.

            Not less than'twenty-five (.25) percent of the total area of the planned residential
            dew@lopmerkt shall be designated as and devoted to common open space.

                                                   -7-

            For the maximum average gross residential density to exceed six (6) dwelling units
            per acre, the minimum land in common open space of twenty-five (25) percent shall
            be increased five (5) percent per each dwelling unit increase:

                  Maximum Average Gross Residential Densj:.Lj    Minimum Common Open Space

                     six (6) dwelling units per acre             twenty-five (25) percent
                     seven (7) dwelling units per acre           thirty (30) percent
                     eight (8) dwelling units per acre'          thirty-five (35) percent
                     nine (9) dwelling units per acre            forty (40) percent

            Section  304 DESIGN STANDARDS

            The following requirements within Article 4 of the Lawrence Park Township Sub-
            division and-Land Development Ordinance may be altered or waived in the design
            of a planned residential development.

                  (Section 403) "Permanent culs-de-sac should be avoided."

                  (Section 405) "All blocks in a subdivision shall have a maximum length of
                  fourteen hundred (1400) feet. Such blocks containing individual lots shall
                  be at least two (2) lot depths in width."

                  (Section 406) "Lot dimensions shall conform to the requirements of the
                  Lawrence Park Township Zoning Ordinance....   The subdividing of the land
                  shall be such as to provide, by means of a public street, each lot with
                  satisfactory access to an existing public street."

                  (Section 408) "The minimum building setback shall conform with the pro-
                  visions of the Lawrence Park Township Zoning Ordinance."

            The following requirements shall be complied with in the design of a planned resi-
            dential development in addition to the requirements of Article 4 of the Lawrence
            Park Township Subdivision and Land Development Ordinance.

                     All housing shall be designed with regard to the topography and natural
                     features of the site. The effects of nrevailir- win@is, seasonal temper-
                     atures and hours of sunlight on the physical"layout and'-foirm'of-the pro-
                     posed buildings shall be taken into account, as well as renewable energy
                     sources.

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

                     Variations in setbacks shall be provided where necessary to create a
                     more aesthetic layout.

                     Housing and other facilities near the periphery of the planned residen-
                     tial development shall be designed so as to provide a harmonious transi-
                     tion with neighboring developed areas.

                 -  Any shopping area, recreational area and/or facilities, and institutional
                    facilities within the planned residential development shall be located so
                    as not to disturb nearby residential areas.

                 -  No structure shall be within twenty (20) feet of a right-of-way.

                 -  No structure shall be within fifty (50) feet of the property lines of the
                    development and a planting strip of appropriate height for effective
                    screening shall be provided along all property lines at the periphery of
                    the development where necessary to protect the privacy of neighboring
                    residents.

                 -  Existing trees shall be preserved wherever possible. The protection of
                    trees shall be a factor in determining the location of open space,
                    buildings, underground services, sidewalks, walkways, playgrounds, streets,
                    parking areas and finished grade levels.

                 -  The development shall be designed and programmed so as to minimize earth-
                    moving, erosion, and the destruction of natural.amenities.

                 -  Refuse stations shall be located so as not to be-offensive to residents
                    within or near the development.

                 -  If the Township or a public agency such as a school district determines
                    that land for institutional facilities (for example a fire station, police
                    station, or school) will be needed as a result of the construction of the
                    planned residential development, the developer can be required to set aside
                    such land for eventual acquisition by the Township or public agency. If
                    such land is not acquired by the appropriate body by the date of the sale
                    or rental of 51 percent of the total dwelling units in the planned residen-
                    tial development, then at the option of the developer, the land may be used
                    for residential purposes subject to the provisions of this Ordinance. If
                    the developer chooses t@ dedicate such land, he can benefit from an increase
                    in permitted dwelling units as specified in the definition of "average gross
                    residential density."

            Section 305 IN.TROVEMENTS

            The following requirements shall be complied with in the construction of a planned
            residential development in addition to the requirements of Article 5 of the Lawrence
            Park Township Subdivision and Land Development Ordinance.

                 -  All utility lines shall be installed underground, if deemed feasible by
                    the Board of Commissioners and the municipal Engineer.

                 -  Adequate lighting shall be installed along all streets, sidewalks and
                    walkways, and around and in all parking areas, shopping areas, recrea-
                    tional areas and/or facilities, and institutional facilities within the
                    planned residential development. Said lighting shall be spaced accordingly
                    and connected by underground lines. Appropriate lighting fixtures shall be
                    provided to identify all steps, ramps and signs.

                                                    -9-

                    Shade trees of deciduous hardwood types with minimum diameter of two (2)
                    inches shall be planted by the developer along all streets with two (2).
                    trees for each forty (40) feet of street length (one tree for each side
                    of the street). Off-street parking areas shall be planted with two (2)
                    trees for each four (4) parking spaces. Shade trees may be placed in
                    arrangements rather than limited to linear placement. Existing trees
                    within streets and parking areas which are to be retained by the developer
                    shall count as a portion of this requirement.

                    Sidewalks shall be constructed by the developer along both sides of all
                    streets and around all parking areas. Paved walkways shall be provided
                    to connect any shopping area, recreational area and/or facilities, and
                    institutional facilities within the planned residential development to
                    the sidewalk system.

            Section 306 DEVELOPMENT IN STAGES

            A planned residential development may be constructed section by section in stages
            if the following criteria are met:

                 -  At least twenty-five (25) percent of the dwelling units in the plan given
                    preliminary approval are included in the first, second and subsequent
                    stages.

                 -  At least fifty (50) percent of the dwelling units in any stage are rented,
                    leased or sold before any commercial development shown in that stage shall
                    be completed.

                 -  Specific gross residential density may be varied from stage to stagel pro-
                    vided however that the average gross residential density for the entire
                    planned residential development complies with Section 303 of this Ordinance.

            Section 307 MANAGEMENT OF COMMON OPEN SPACE, STREETS OR FACILITIES

            There shall be provisions which ensure that common open space and private streets,
                ys,_,crq,@@�wal@@ (4nd,sidew lks,,4vd,,  pr                     L
                                                          q pi;,iyaLe -sti:,ee,L@) ,.-Qi:- s tree t parking
            a@eas, and areas set aside for utility or institutional facilities shall continue
            as such and be properly maintained. The developer shall either: dedicate such land
            to public use if the-Township or another public agency has indicated it will accept
            such dedicatipn, or retain owneiship and responsibility for maintenance of such
            common open space, street or facility, or provide for and establish one or more
            organizations for the ownership and maintenance of all space, streets or facilities.
            Each such organization shall be a non-prcfit homeowners association, unless the
            developer demonstrates that a community trust is a more appropriate form of organi-
            zation. If a homeowners' association or community trust is formed, it shall be
            governed according to the following regulations:

                    A copy of the approved Declaration Plan required by the Pennsylvania Unit
                    Property Act of 1963 as amended shall be submitted to the Board of
                    Commissioners.

                                                   _10-

                     The organization is organized by the developer and operating with financial
                     subsidization by the developer, if necessary, before the sale of any lots
                     within the development.

                     Membership in the organization is mandatory for all landowners, landlords,
                     home owners and purchasers of housing units therein and their successors.

                     The organization shall be responsible for maintenance of and insurance and
                     taxes on a common open space, street or facility.

                     The members of the organization shall share equitably the costs of main-
                     taining a common open space, street or facility, in accordance with-pro-
                     cedures established by them.

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

                     In the event that the organization established to own and maintain a common
                     open space, street or facility, or any successor organization, shall at any
                     time after establishment of the planned residential development fail to main-
                                           st
                     'tain'the said"space, "Irdet or Ya'cilit'y in reasbriable order and condition in
                     accordance with the development plan, the Township may serve written notice
                     upon the organization or upon the residents and owners of the planned resi-
                     dential development setting forth the manner in which the organization has
                     failed to maintain the space, street or facility in reasonable condition,
                     and this notice shall include a demand that the deficiencies of maintenance
                     be cured within thirty (30) days thereof, and shall state the date and place
                     of a hearing thereon which shall be held within fourteen (14) days of the
                     notice.

                     At the 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 cured. If the deficiencies set forth in the original notice or
                     in the modifications thereof shall not be cured within said thirty (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 space, street or facility from becoming a public nuisance, may
                     enter upon the space, street,or facilityrand ma
                                                                      intain .@,the same f or a period
                     of one (1) year. This entry and maintenance shall not vest in the public
                     any rights to use the space,  street or facility except when the same is
                     voluntarily dedicated to the  public by the residents and owners.

                     Before the expiration of said year, the Township shall, upon its initiative
                     or upon the request of the organization theretofore responsible for the
                     maintenance of the space, street or facility, hold a public hearing upon
                     notice to the organization, or to the residents and owners of the planned
                     residential development, to be held by the Board of Commissioners, at which
                     hearing the organization or its residents and owners of the plainned residen-
                     tial development shall show cause why the maintenance by the Township shall
                     not, at the election of the Township, continue for a succeeding year.

                    If the Board of Commissioners shall determine that the organization is
                    ready and able to maintain the space, street or facility in reasonable
                    condition, the Township shall cease to maintain them at the end of said
                    year. If the Board of Commissioners shall determine the organization is
                    not ready and able to maintain the space, street or facility in a reason-
                    able condition, the Township may, in its discretion, continue to maintain
                    them during the next succeeding year-and subj,ect,to a similar hearing and
                    determination in each year thereafter. The decision of the Board of Com-
                    missioners in any such case shall constitute a final administrative decision
                    subject to judicial review.

            The cost of the maintenance by the Township shall be assessed ratably against the
            properties within the planned residential development that have a right of enjoy-
            ment of the space, street or facility, and shall become a tax lien on those proper-
            ties. The assessments or charges shall be subordinate in lien to the lien of any
            mortgage or mortgages on the property which is subject to such assessments or
            charges regardless of when the mortgage or mortgages were created or when the
            assessments or charges accrued; provided that such subordination shall apply only
            to assessments or charges that have become payable prior to the passing of title
            under foreclosure of such mortgage or mortgages, and the transferee shall not be
            liable for payment of any assessments or charges accruing prior to said foreclosure,
            'but nothing herein shall"be held to affect the rights herein given to enforce the
            collection of these assessments or charges accruing after sale under foreclosure-
            of such mortgage or mortgages; and provided, further, that such charges accruing
            after sale shall also be subordinate in lien to the lien of any further mortgage
            or mortgages which are placed on property subject to the assessment or char  ges,
            with the intent that no such charges shall be at any time prior in lien of such
            mortgage or mortgages whatsoever on such property. The Township, at the time of
            entering upon the space, for the purpose of maintenance, shall file a notice of
            such lien in the Office of the Prothonotary of Erie County, upon the properties
            affected by such.lien within the planned residential development.

                                                  -12-

                                               ARTICLE 4
                                          PLAN  SPECIFICATIONS

            Section 401 APPLICATION FOR TENTATIVE APPROVAL OF PRELIMINARY PLAN

            The application for tentative approval of a planned residential development shall
            be executed by or on behalf of the landowner and filed with the Township   Secre-
             ary. An initial deposit in the amount of@$200 shall be paid upon filing of the
            application to be applied against the total expenses of processing the application.
            t

            Additional deposits shall be made from time to time as may be required by the Town-
            ship to be applied against the expenses of processing the application not to exceed
            actual expenses incurred by the Township, the municipal Engineer and the municipal
            Solicitor.'

            The application for tentative approval shall include documentation illustrating
            compliance with all of the standards for planned residential development in Article
            3 of this Ordinance, and where necessary the Township shall order such documentation
            to aid them in their review.

            The following documentation shall be required in the application for tentative appro-
            val of a planned residential development in addition'to the documentation required
            in Section 602 of the Lawrence Park Township Subdivision and Land Development
            Ordinance.

                    The location and size of the area involved, and the nature of the
                    landowner's interest in the planned residential development;

                    The proposed use areas, the average gross residential density and the
                    density of each proposed type of residential use area;

                    The location, function, size, ownership, and manner of maintenance of
                    the common open space.

                    The use and the approximate height, bulk, and location of buildings
                    and other structures.

                    Information showing the feasibility of proposals for water service,
                    and sanitary sewage and storm water disposition;

                    Utility systems;

                    The substance of covenants, grant of easements, or other restrictions
                    to be imposed upon the use of land, buildings and structures including
                    proposed grants and/or easements for public utilities, private streets,
                    alleys or crosswalks, and areas set aside for utility or institutional
                    facilities.

                    The provision for parking of vehicles and location, rights-of-way
                    and access easements, sidewalks and walkways, and cartway widths of
                    proposed streets, alleys, and crosswalks.

                                                  -13-

                    In the case of plans which call for development in stages, a schedule
                    showing the time within which applications for final approval of all
                    sections of the planned residential development are intended to be
                    filed, and which shall be updated annually on the anniversary of sub-
                    mission for final approval.

                    A written statement by the developer setting forth the reasons why,
                    in his opinion, the planned residential development would be in the
                    public interest and would be consistent with the Master Plan.

            Section 402 TENTATIVE APPROVAL PROCEDURES

            The following requirements within Section 302 of the Lawrence Park Township Sub-
            division and Land Development Ordinance are hereby altered or waived in the
            tentative approval procedures for a planned residential development.

                 "The Board of Commissioners shall take action at a regular meeting within
                  ninety (90) days after the'receipt of the Planning Commission report...
                  The decision of the Board of Commissioners shall be communicated to the
                  subdivider personally or mailed to his last known. address not later than
                  fifteen (15) days following the decision ... Before acting on a Preliminary
                  Plan, the Board of Commissioners may arrange for a public hearing thereon."

            The following requirements shall be complied with in the tentative approval pro-
            cedures for a planned residential development in addition to the requirements of
            Section 302 of the Lawrence Park Township Subdivision and Land Development Ordinance.

                 -  Within sixty (60) days after the filing of an application for tentative
                    approval of a planned residential development pursuant to this Ordinance,
                    a public hearing pursuant to public notice on said application shall be
                    held by the Board of Commissioners. The President, or in his absence
                    the Vice-President, of the Board of Commissioners or its designated
                    agency may administer oaths and compel the attendance of witnesses. All
                    testimony by witnesses at any hearing shall be given under oath and every
                    party-of record at a hearing shall have the right to cross-examine
                    witnesses.

                 -  A stenographic record of the hearing shall be caused to be made by the
                    Board of Commissioners whenever such records are requested by any party
                    to the proceedings; but the costs of making and transcribing such a
                    record shall be borne by those who wish to obtain such copies. All ex-
                    hibits accepted in evidence shall be identified and duly preserved or,
                    if not accepted in evidence, shall be properly identified and the reason
                    for the exclusion clearly noted in the record.

                 -  The Board of Commissioners may continue the hearing from time to time,
                    and may refer the matter back to the Planning Commission for an addi-
                    tional report. However, in any event, the public hearing or hearings
                    shall be concluded within sixty (60) days after the date of the first
                    public hearing.

                                                   -14-

                    The Board of Commissioners within thirty (30) days following the con-
                    clusion of the public hearing provided for in this Ordinance, shall,
                    by official written communication, to the landowner, either:

                          Grant tentative approval of the development plan as submitted; or

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

                          Deny tentative approval to the development plan.

                          Failure to act within.said period shall be deemed to be a grant of
                          tentative approval of the development plan as submitted. In the
                          event, however, that tentative approval is granted subject to condi-
                          tions, the landowner may, within thirty (30) days after receiving a
                          copy of the official written communication, notify the Board of
                          Commissioners of his refusal to accept all said conditions, in which
                          case, the Board of Commissioners shall be deemed to have denied ten-
                          tative approval of the development plan. In the event the landowner
                          does not, within said period, notify the Board.of Commissioners of
                          his refusal to accept all said conditions, tentative Approval of the
                          development plan, with all said conditions, shall stand as granted.

                    The grant or denial of tentative approval by official written communication
                    shall include not only conclusions but also findings of fact related to the
                    specific proposal and shall set forth the reasons for the grant, with or
                    without conditions, or for the denial, and said communication shall set
                    forth with particularity in what respects the development plan would or
                    would not be in the public interest including but not limited to findings
                    of fact and conclusion on the following:

                          In those respects in which the development plan is or is not consis-
                          tent with the comprehensive plan for the development of the Township;

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

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

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

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

                                                   -15-

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

                     In the event a development plan is granted tentative approval, with or
                     without conditions, the Board of Commissioners may set forth in the offi-
                     cial written communication the time within which an application for final
                     approval of the development plan shall be filed or, in the case of a
                     development plan which provides for development in sections by stages
                     over a period of years, the periods of time within which applications for
                     final approval of each section thereof shall be filed. Except upon the
                     consent of the landowner, the time so established between grant of tenta-
                     tive approval and on application for final approval shall not be less than
                     three (3) months and, in the case of a development in sections by stages
                     over a period of years, the time between application for final approval of
                     each section of a plan shall not be less than twelve (12) months.

                     The official written communication shall be certified Uy the Township
                     Secretary and shall be filed--at-,the-Towns hip Building, and a certified
                     copy shall be mailed to the landowner. Where tentative approval has
                     been granted, the same shall be noted on the Official Zoning Map.

                     Tentative approval of a development plan shall not qualify a plat of the
                     planned residential development for recording nor authorize development
                     or the issuance of any building permits. A development plan which has
                     been given tentative approval as submitted, or which has been given ten-
                     tative approval with conditions which have been accepted by the landowner
                     (and provided that the landowner has not defaulted or violated any of
                     the conditions of the tentative approval), shall not be modified or re-
                     voked nor otherwise impaired by action of the Township pending an appli-
                     cation or applications for final approval, without the consent of the
                     landowner, provided an application for final approval is filed or, in
                     the case of a development in sections by stages over a period of years,
                     provided applications are filed, within the periods of time specified
                     in the official written communication granting tentative approval.

                     In the event that a development plan is given tentative approval and
                     thereafter., but prior to final approval, the landowner shall elect to
                     abandon said development plan and shall so notify the Board of Commis-
                     sioners in writing, or in the event the landowner shall fail to file
                     application or applications for final approval within the required per-
                     iod of time or times, as the case may be, the tentative approval shall
                     be deemed to be revoked and all that portion of the area included in the
                     development plan for which final approval has not been given shall be
                     subject to those local ordinances otherwise applicable thereto as they
                     may be amended from time to time, and the same shall be noted on the
                     Official Zoning Map and in the files of the Township Secretary.

                                                    -16-

     V-
             Section 403 APPLICATION FOR APPROVAL OF FINAL PLAN

             The application for final approval of a planned residential development shall be
             executed by or on behalf of the landowner and filed with the Township Secretary.
             An initial deposit in the amount of $200 (two hundred dollars) shall be paid upon
             filing of the application to be applied against the total expenses of processing
             the application. Additional deposits shall be made from time to time as may be
             required by the Township to be applied against the expenses of processing the
             application, not to exceed the actual expenses incurred by the Township, the
               icipal Engineer, and the municipal Solicitor.

             An application for final approval may be for all the land included in a development
             plan, or to the extent set forth in the tentative approval, a section thereof.
             Said application shall be made to the Township and within the time or times speci-
             fied by the official written communication granting tentative approval. .

             The following documentation shall be required in the application for final approval
             of a planned residential development in addition to the documentation required in
             Section 603 of the Lawrence Park Township Subdivision and Land Development Ordinance.

                 -  All the documentation required in Section 401 of this Ordinance.

                 -  All changes, corrections and refinements, if any, to the tentatively
                    approved Preliminary Plan.

                 -  Certification that the design of sewage disposal and water supply
                    systems has been approved by the proper agencies.

                 -  Certification of an approved Soil Erosion and Sedimentation Control Plan.

                 -  Certification of an approved Storm Water Managerhent Plan.

                 -  Certification as may be required for the installation of underground
                    utility lines.

                 -  Certification of an approved DeclarAion Plan.

             Section 404 FINAL APPROVAL PROCEDURES

             The following requirements within Section 303 of the Lawrence Park Township Sub-
             division and Land Development Ordinance are hereby altered or waived in the final
             approval procedures for a planned residential development.

                 "The Board of Commissioners shall take action at a regular meeting by resolu-
                   tion within ninety (90) days after the receipt of the signed Plan from the
                   Planning Commission. The decision of the Board of Commissioners shall be
                   communicated to the subdivider personally or mailed to his last known address
                   not later than fifteen (15) days following the decision. Before acting on
                   the Final Plan, the Board of Commissioners may arrange for a public hearing
                   thereon."

                                                   -17-

           The following requirements shall be complied with in the final approval procedures
           for a planned residential development in addition to the requirements of Section
           303 of the Lawrence Park Township Subdivision and Land Development Ordinance.

                    If the application for final approval is in compliance with the tentatively
                    approved development plan, a public hearing maynot be. held unless deemed
                    necessary by the Board of Commissioners.
                                                        1@
                    If the application for final approval has been filed, together with all
                    drawings, specifications, documents and certificates in support thereof
                    and with the official written communication of tentative approval, in
                    conformance with all the requirements of this Ordinance, the Board of
                    Commissioners shall grant the development plan final approval within
                    thirty (30) days of such filing. The grant of final approval shall have
                    the effect of amendment to the Lawrence Park Township Zoning Ordinance.

                    If the application for final approval contains variations from the develop-
                    ment plan given tentative approval, the Board of Commissioners shall refuse
                    to grant final approval and shall, within thirty (30) days from the filing
                    of the application for final approval, so advise the landowner in writing
                    of said *i@gfu'sal,' setting "forth in said 'notice the,reasons why one or more
                    of said variations are not in the public interest. In the event of such
                    refusal, the landowner may either:

                         Refile his application for final approval without the variations
                         objected, or

                         File a written request with the Board of Commissioners that it hold
                         a public hearing on his application for final approval. (If the
                         landowner wishes to take either such alternate action he may do so
                         at any time within which he shall be entitled to apply for final
                         approval, or within thirty (30) additional days if the time for
                         applying for final approval shall have already passed at the time
                         when the landowner was advised that the development plan was not in
                         substantial compliance. In the event the landowner shall fail to
                         take either of these alternate actions within said time, he shall be
                         deemed to have abandoned the development plan.) Any such public
                         ,hearing shall-be.,held pursuant-to public,notice-within thirty (30)
                         days after request for the hearing is made by the landowner, and
                         the hearing shall be conducted in the manner prescribed in Section
                         402 of.this Ordinance for public hearings on applications for ten-
                         tative approval. Within thirty (30) days after the conclusion of
                         the hearing, the Board of Commissioners shall by official written
                         communication either grant final approval to the development plan
                         or deny final approval. The grant or denial of final approval of
                         the development plan shall, in cases arising under this section,
                         be in the form of and contain the findings required for an applica-
                         tion for tentative approval set forth in Section 402 of this Ordi-
                         nance. A grant of final approval shall have the effect of amend-
                         ment to the Lawrence Park Township Zoning Ordinance.

            Section 405 RECORDING AND ABANDONMENT

            The following requirements shall be complied with in the recording of an approved
            planned residential development in addition to the requirements of Section 304 of
            the Lawrence Park Township Subdivision and Land Development Ordinance.

                 -  Upon the filing of record of the development plan, the zoning and sub-
                    division regulations otherwise applicable to the land included in such
                    plan shall cease to apply thereto. Pending completion within two (2)
                    years of said planned residential development or of that part thereof,
                    as the case may be, that has been finally approved, no modification
                    of the provisions of said development plan, or part thereof, as finally
                    approved, shall be made except with the consent of the landowner.

                 -  In the event that a development plan, or a section thereof, is given
                    final approval and thereafter the landowner shall abandon such plan or
                    the section thereof that has been finally approved, and shall so notify
                    the Board of Commissioners in writing; or, in the event the landowner
                    shall fail to commence and carry out the planned residential development
                    within two (2) years after final approval has been granted, no develop-
                    ment or further development shall take place on the property included in
                    the development plan until after the said property is resubdivided, and
                    is reclassified by enactment of an amendment to the Lawrence Park Township
                    Zoning Ordinance.

                                                  _19-

                                               ARTICLE 5
                                            ADMINISTRATION

           Section 501 SUBDIVISION ADMINISTRATION

           The landowner, and homeowners association if any, of a planned residential develop-
           ment shall comply with Sections 305, 306, 307, 702, 703, 704 and 705 of the Lawrence
           Park Township Subdivision and Land Development Ordinance in the construction of a
           recorded development plan and in the maintenance of common open space, streets or
           facilities.

           Section 502 ZONING ADMINISTRATION

           The landowner,and homeowners association if any, of a planned residential develop-
           ment shall comply with Sections 503, 504, 505, 508 and 509 of the Lawrence Park
           Township Zoning Ordinance in the construction of a recorded development plan.

                                                 -20-

                                                  APPROVAL PAGE

             Recommendation of approval by the    Lawrence Park Township Planning Commission this
                     day o                    1984.

             Chairman                                         Member

             Member                                           Member

             Member                                           Member

             Member

             ATTEST:   Planning Commission Secretary

             Approved and adopted by the Board of Commissioners of Lawrence Park Township this
                    day of                    19-.

             President                                        Member

             Member                                           Member

             Member

             ATTEST:
                       Township Secretary

                                                       -21-

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