[Amended 10-3-2007 by Ord. No. 113]
All of the required improvements specified in this article shall be constructed and installed by the developer at no expense to the Township and in accordance with Chapter 101, Improvement Design Standards, established by the Township and all other applicable Township, county and state regulations. Furthermore, all public and private improvements shall be constructed and installed in accordance with Chapter 101, Improvement Design Standards.
Public improvements, as defined in § 150-7, shall be provided in each new subdivision and land development, except those subdivisions classified as a plat adjustment, in accordance with Chapter 101, Improvement Design Standards, and in accordance with the design standards in Article VI of this chapter, subject to the following:
A.
Sanitary sewage facilities.
(1)
All subdivisions and land developments as further
provided in the following subsections shall be provided with sanitary
sewage facilities which are in accordance with Township Sewage Facilities
Plan and which have been approved by the Pennsylvania Department of
Environmental Protection, and the Township or authority or other appropriate
body responsible for the collection, conveyance, and treatment of
sanitary sewage.
(2)
Where the public sanitary sewer system is within 1,000
lineal feet of the nearest subdivision site boundary line, the subdivider
shall provide the subdivision with a complete sanitary sewer system
to be connected to the public sanitary sewer system.
(3)
Where the public sanitary sewer system is further
than 1,000 lineal feet to the nearest subdivision site boundary line,
and in the judgment of the Supervisors, extension of the sanitary
sewer system to the subdivision will not take place in the foreseeable
future, a sewage disposal system utilizing an interim treatment plant
may be permitted if approved by the Department of Environmental Protection.
If an interim treatment plat is permitted, equitable agreements, approved
by the Township Solicitor, shall be established concerning the operation
of the treatment plant.
(4)
If a sewage disposal system utilizing an interim treatment
plant is not feasible, a private sewage disposal system consisting
of septic tanks and tile absorption fields may be permitted if approved
in accordance with the regulations of the Department of Environmental
Protection.
B.
Stormwater management facilities. Every subdivision
or land development which will affect stormwater runoff characteristics
shall include facilities for the management of runoff to comply with
the Pennsylvania Storm Water Management Act of 1978, P.L. 864 No.
167,[1] and Chapter 144, Stormwater Management.
[1]
Editor's Note: See 32 P.S. § 680.1
et seq.
C.
Pedestrian and bicycle facilities
(1)
Sidewalks. Sidewalks adjacent to and on both sides of streets shall be required in all commercial subdivisions; residential subdivisions of 20 lots or more; land developments; and multiple-family developments; and when required by Chapter 175, Zoning. All sidewalks shall be installed in accordance with Chapter 101, Improvement Design Standards.
(2)
Bikeways. Where possible, bikeways should be separated from all other modes of travel. All bikeways shall be installed in accordance with Chapter 101, Improvement Design Standards.
[Amended 3-20-2019 by Ord. No. 133]
(3)
Pedestrian connections. All subdivisions and land
developments shall be required to provide pedestrian connections linking
pedestrian facilities to similar adjacent facilities.
[Amended 3-20-2019 by Ord. No. 133]
D.
Water. Every lot in a subdivision or land development
must have a suitable water distribution system.
(1)
When a public water distribution system is within
1,000 feet from the subdivision or land development, the applicant
shall supply the subdivision or land development with a water distribution
system that connects to the public water distribution system in accordance
with the provisions and specifications of the appropriate public water
provider.
(2)
When no public water distribution system exists within 1,000 feet from the subdivision or land development, the applicant shall supply acceptable evidence of the availability of private water for domestic and fire protection needs. The applicant may be required to make one or more test wells in the area to be developed if such evidence is deemed not acceptable. Copies of well logs from said test wells which are obtained shall include the name and address of the well driller and shall be submitted with the preliminary application. If a private water supply is permitted, it must comply with the standards of § 150-37 of this chapter and all requirements of the county and the Commonwealth of Pennsylvania.
E.
Gas. A gas distribution system shall be required in
accordance with the laws of the Commonwealth of Pennsylvania unless
the energy supply is to be all electric.
F.
Electricity. An electric distribution system shall be required in accordance with the laws of the Commonwealth of Pennsylvania. All such facilities shall be located underground in accordance with § 150-42 of this chapter.
G.
Telephone. A telephone distribution system shall be required in accordance with the laws of the Commonwealth of Pennsylvania. All such facilities shall be located underground in accordance with § 150-42 of this chapter.
A.
Imposition of fee and amount. As a condition precedent
to obtaining approval of any residential subdivision or residential
land development, the applicant/developer for such plan shall pay
to the Township a fee of $800 per dwelling unit.
B.
Permitted use of fee payment. Any fees collected hereunder
shall be used solely for the provision of park or recreational facilities
accessible to the new development.
C.
Creation of Parks and Recreation Capital Improvements
Fund.
(1)
The Township shall deposit such fees in an interest-bearing
account, which account will hold funds only for the park and recreational
facilities being added or improved pursuant to the Parks Plan. Interest
earned on such account shall become funds of such account.
(2)
The Township Manager shall establish the Parks
and Recreation Capital Improvements Fund. Recreation fees shall be
deposited into the fund. The fund shall be used solely for the purpose
of providing land and facilities for recreation uses in the Township.
D.
Dedication of land in lieu of fee.
(1)
The applicant/developer may provide the dedication
of land for open space and/or recreation facilities to the Township,
or to a homeowner's association or other responsible party in lieu
of the above-described fee for land development projects which have
20 acres in area or greater.
(2)
An applicant/developer may offer for public
dedication of land suitable for parks, playgrounds and other recreational
use and open space, or, upon agreement between the Township and the
developer, the construction of recreational facilities, the private
reservation of land or a combination thereof for park, recreation
and open space purposes. The determination as to whether dedication
of land shall be to the Township as public land, or to a private homeowners'
association or other responsible entity, shall be at the sole discretion
of the Board of Supervisors.
(3)
Such dedication and/or agreements are to service
the future population of the Township and to protect sensitive areas
such as steep slopes, floodplains, or special scenic areas. All such
requirements shall conform to the authority conferred in the Pennsylvania
Municipalities Planning Code (53 P.S. § 10101 et seq.) and
shall constitute a condition precedent to the preliminary or final
plan approval.
(4)
As a condition precedent to final approval of
any subdivision or land development intended for residential use greater
than 20 acres of land, the developer shall dedicate for public use
recreation open space meeting the design standards of § 150-29B(5)
of this chapter.
(5)
Every subdivision or land development for residential
purposes shall contain open space for recreational, scenic or aesthetic
purposes according to the following:
(a)
Area dedicated for common open space. No less
than 15% of the total site area shall be set aside for common open
space, and not less than 50% of the identified common open space shall
be contiguous and shall be developed as active or passive recreation
areas accessible to residents of the Township.
(b)
Minimum size: shall be 2,185 square feet (.050
acres) per dwelling unit.
(c)
Vehicular access: shall be easily and safely
accessible, have adequate ingress and egress including meeting applicable
site distance and other standard requirements, and have a minimum
of 250 feet of frontage on a public or proposed public street.
(d)
Location: shall be centrally located within
the development site, on one parcel of land with no intervening land.
(e)
Size and shape: size and shape shall be suitable
for development as a park, and no single side of the land shall amount
to more than 35% of the perimeter.
(f)
Maximum finished slope and land disturbance:
the land proposed for parks, playgrounds or other recreational use
shall have a slope from 0% to 4%. Land in its natural state shall
have a slope no greater than 8%.
(g)
Pedestrian access: shall be accessible to each
dwelling unit in the development via pedestrian easement or dedicated
right-of-way within which sidewalks shall be built by developer prior
to acceptance by the Township. Dedicated right-of-way for access shall
not be included in the calculation of the required open space area
and shall be graded in a manner suitable for pedestrian access.
(h)
Utilities and vegetation: shall be in reasonable
proximity to utilities including water, sanitary sewer, and electric
and shall have established vegetation thereon.
(i)
Use limitations: shall not be burdened with
an undue number of restrictions, such as mining conditions, overhead
or underground utilities, stormwater management facilities or liens
of other encumbrances which would prevent, limit or restrict its use
in any way. Not more than 15% of the land can be encumbered by utility
easements other than those servicing the parcel.
(j)
Wetlands: shall not include areas defined as
wetlands by either the Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection.
(k)
Floodplains: shall not include any areas defined
as floodplains including floodway and floodway fringe areas, by the
Federal Emergency Management Agency.
(l)
Timing of dedication: shall be deeded to the
Township, homeowners' association or other responsible party at the
time of recording of the final plat. Delivery of a deed or deeds describing
the land proposed for dedication shall be completed prior to recording
of the plan. For phased plans, all land to be set aside shall be situated
in the first phase, unless otherwise approved by the Board of Supervisors.
(m)
Conformity with Township Comprehensive Parks
Recreation and Open Space Plan. All land proposed for dedication as
recreation open space shall be suitable for the use intended and be
located and designed in accordance with the Plan.
(n)
Modifications. The Supervisors may waive any
of the above criteria if such land fits within the Township's Comprehensive
Plan for parks and greenways.
E.
Nonexemption from payment. Developments less than
20 acres of land will not be exempt from paying a fee to Middlesex.
F.
Establishing a fee amount and authorization to revise
fee amount. The fee per lot or dwelling unit in lieu of dedication
of land shall be $800, which amount may be revised from time to time
by resolution of the Board of Supervisors.
G.
Payment of fee. When a recreation fee is required,
final approval of a final application shall be conditioned upon the
execution of an agreement between the Township and the applicant,
on a form provided by the Township, providing for payment of the recreation
fee at the time of issuance of a building permit for development pursuant
to the final plat as approved, or the applicant shall pay the recreation
fees prior to release of the final plat for recording.
H.
Refunds. Upon request of any persons who paid any
fee under this section, the Township shall refund such fee, plus interest
accumulated thereon from the date of payment, if the Township had
failed to utilize the fee paid for the purposes set forth in the Pennsylvania
Municipalities Planning Code within three years from the date such
fee was paid. If the Township does not use the recreation fees to
provide land and facilities for recreation use within three years
from the date of receipt of the recreation fees, the Township shall
refund the recreation fees plus interest earned from the date of payment
approved.
