A.
Evaluating plans. The design standards and improvements
required in this Article shall be the minimum requirements applied
by the Planning Commission and the Board of Supervisors in evaluating
plans for any proposed subdivision or land development.
B.
Additional improvements. Additional or higher-type
improvements may be required in specific cases where, in the determination
of the Board of Supervisors, they are clearly necessary to protect
the public health and safety.
[Amended 1-29-2002 by Ord. No. 2002-313; 5-27-2008 by Ord. No. 2008-378]
In addition to standards set forth in this article,
the Township Standard Construction Documents apply to any required
improvement in the Township, regardless of whether the improvement
is or is not publicly dedicated. These standards shall be provided
to the developer, contractor or party constructing said improvement(s)
prior to commencement of construction. These standards are made a
part hereto of this ordinance as Appendix F[1] and shall be modified from time to time by resolution
passed by the Palmer Township Board of Supervisors.
[1]
Editor's Note: Appendix F, and subsequent
amendments thereto, is on file in the Township offices.
A.
Land shall be suited to the purpose for which it is
to be subdivided or developed.
B.
Hazardous conditions. Land subject to hazardous conditions
(such as open quarries, unconsolidated fill, floods, excessive erosion
or unsafe water supply) shall not be subdivided until the hazards
have been eliminated or overcome by adequate safeguards provided by
the developer and approved by the Board of Supervisors. See the floodplain
requirements of the Township Zoning Ordinance.
C.
Comprehensive Plan. The subdivision or land development
should generally be designed in consideration of any applicable provisions
of the Township Comprehensive Plan.
E.
Nearby development. A subdivision or land development
and its street pattern shall be coordinated with existing or approved
nearby developments or neighborhoods so that the area as a whole may
be developed harmoniously and to prevent serious conflicts between
neighboring development.
F.
Safety. No subdivision or land development shall occur
in such a way that would significantly threaten the public health
and safety, including hazards of toxic substances, groundwater pollution,
traffic hazards and explosive and fire hazards.
A.
Access to proposed subdivisions and land developments.
All proposed subdivisions and land developments shall have adequate
and safe access to the public street system.
B.
Streets and topography. Proposed streets shall be
adjusted to the contour of the land so as to produce usable lots and
streets of reasonable gradient. See the steep slope regulations in
Article XVI of the Zoning Ordinance.
C.
Street continuations.
(1)
Where deemed appropriate by the Board of Supervisors,
stub streets shall be extended to the boundary of the tract being
subdivided or developed so as to eventually provide for proper circulation
of traffic within the Township and abutting municipalities. Also,
where a stub street exists on an abutting lot, that stub street shall
be extended into the proposed development unless the Board of Supervisors
determines that such extension would not serve a valid traffic purpose.
D.
Intersections.
(1)
The center lines of streets shall intersect at right
angles unless existing conditions dictate otherwise. In such case,
the intersection shall be as nearly at right angles as possible but
not less than 75º at intersections.
(2)
Minimum offset distance.
(a)
Intersections of more than two streets at one
point shall be avoided. Where streets intersect other streets, the
intersecting street shall be aligned with any street intersecting
on the other side or be offset by the minimum distance stated in this
subsection. This minimum offset and the minimum distance between center
lines of parallel or approximately parallel streets intersecting a
cross street from opposite directions shall be:
(b)
The distances of this subsection shall be measured
between the intersections of the center lines of the legal rights-of-ways
of the streets.
(3)
At street intersections, the property line shall be
rounded by arcs with the radii listed below. For streets other than
local streets, the Township may require a larger radius. (See chart
below and above figures.)
|
Type of Street
|
Minimum Radius of Arc at Intersection
of Cartway Edge or Curbline
(feet)
|
Minimum Radius of Arc at Intersection
of Right-of-Way
(feet)
|
|---|---|---|
|
Minor arterial
|
40
|
30
|
|
Collector
|
35
|
25
|
|
Local
|
25
|
15
|
E.
Minor arterial street frontage. Where a subdivision
or land development abuts or contains an existing or proposed minor
arterial street, as the Board of Supervisors determines is reasonable,
feasible and necessary to avoid increased traffic congestion and further
traffic safety, based upon recommendations of the Planning Commission,
the Township Engineer, any comments from PennDOT and any professional
traffic studies that have been submitted, the Board of Supervisors
shall require one or more of the following methods of layout and site
design:
(1)
The use of a marginal access or frontage streets or
access only onto side or interior streets to collect traffic from
numerous driveways and direct it to a select few number of entrances
to the minor arterial street.
(2)
The minimization of the number and length of driveway
cuts or street intersections onto an arterial or collector street,
which may include requiring the use of shared driveways between adjacent
uses or lots.
(3)
The restriction of ingress and egress involving left-hand
turns onto or off of the minor arterial street.
(4)
The prohibition of driveways from individual dwellings
entering directly onto a minor arterial street. If there is no alternative
to this, each driveway entering onto a minor arterial street shall
have adequate turnaround space for vehicles provided within the lot
so that vehicles do not back onto the street.
F.
Street design standards.
(1)
Minimum street design standards shall be as shown
in Table 10.1, unless a more restrictive requirement is established
by PennDOT.
|
TABLE 10.1 DESIGN STANDARDS FOR STREETS
(All Dimensions in Feet Unless Specified)
| |||
|---|---|---|---|
|
Type of Street
| |||
|
Design Specifications
|
Minor Arterial
|
Collector
|
Local and Marginal Access
|
|
Right-of-way width
|
805
|
605
|
50
|
|
Cartway width
| |||
|
With on-street parking and 4 lanes
|
605
|
605
|
NA
|
|
4 lanes without on-street parking
|
445
|
445
|
NA
|
|
With on-street parking and 2 lanes
|
405
|
365
|
306
|
|
2 lanes without on-street parking
|
345
|
305
|
266
|
|
Acceleration/Deceleration lane width (where
deemed necessary by the Board of Supervisors)
|
12
|
12
|
NA
|
|
Minimum sight distance1
|
475
|
300
|
200
|
|
Minimum tangent between reverse curves2
|
200
|
100
|
100
|
|
Minimum center-line radii for horizontal curves
|
4003
|
300
|
150
|
|
Maximum grade4
(percent)
|
6
|
8
|
10
|
|
NOTES:
| |||
|
1 Horizontal sight
distances shall be measured from a point 3.5 feet above the road surface
to a point six inches above the road surface and shall be based upon
standards of the American Association of State Highway and Transportation
Officials (AASHTO).
| |||
|
2 All tangents shall
be measured along the street center line.
| |||
|
3 Larger radii may
be required as determined by the Township Engineer.
| |||
|
4 Minimum grades
for all streets shall be 1.0%, unless a lesser grade is determined
to be acceptable by the Township Engineer.
| |||
|
5 Larger widths may
be required by PennDOT or the Township, as needed for turning lanes
and on-street parking.
| |||
|
6 Except up to 36
feet where the Board of Supervisors determines such width is needed
for on-street parking where townhouses are proposed along the street.
| |||
|
KEY:
NA = Not applicable.
| |||
(2)
Whenever street lines are deflected in excess of one
degree, connection shall be made by horizontal curves.
(3)
Vertical curves shall be used at changes of grade
exceeding 1%. The minimum length of the vertical curve shall be determined
by multiplying the absolute difference in change of percent in grade
by the following factors:
(4)
All approaches to an intersection of two streets shall
have a leveling area not greater than four-percent grade for a distance
of 25 feet measured from the nearest right-of-way line of the intersecting
street. The profile of the higher order street shall be maintained.
(a)
If two streets have the same classification
(such as both being collector streets), then the profile of the street
with the higher traffic volume shall be maintained. The Planning Commission
may require submission of traffic volume data to support such choice.
(5)
The maximum grade across the turnaround in a cul-de-sac
shall not exceed 5%.
(6)
To provide for adequate drainage, the minimum grade
of any street gutter across an intersection shall be not less than
2.0%, unless inlets connected to storm drain lines are provided to
collect gutter flow on the upstream sides of the intersection.
G.
Easements. Easements shall be provided adjacent to
street rights-of-way, tract boundaries and lot lines and other required
areas, within the following standards:
(1)
Drainage, sanitary or domestic water easements shall
be provided as indicated and required by the plans. The minimum width
of easement shall be 20 feet (which might include 10 feet on each
side of abutting lots within a subdivision) with an additional width
of five feet for each additional utility.
(2)
Utility easements of a minimum of 10 feet in width shall be provided adjacent to all street rights-of-ways and all lot lines. Such lines are intended for, but not limited to electricity, telephone and television cable lines so that each lot or dwelling unit can be served. For natural gas distribution lines, see § 165-66.
I.
Cul-de-sac streets.
(1)
Cul-de-sac streets shall be permitted with a maximum
length of 1,000 feet and a minimum length of 250 feet and must be
provided with a turnaround with a minimum cartway radius of 40 feet
to the outside curb, except that such radius may be 35 feet if permitted
by PennDOT at such time to qualify for liquid fuels reimbursement.
The maximum radius of a cul-de-sac shall be 60 feet. Such maximum
and minimum length shall be measured from the intersecting street's
right-of-way line and the center of the cul-de-sac bulb. The same
width between the edge of the cartway and the edge of the right-of-way
shall be maintained around the cul-de-sac as is required along the
main stem of the street. (See Figure below.)
(2)
The circular paving of the cul-de-sac shall be connected
to the approach paving by an arc having a radius of not less than
25 feet (see Figure below).
(3)
The Board of Supervisors, upon the recommendation
of the Planning Commission, may permit acceptable alternative turnaround
designs, including turnarounds of acceptable radii incorporated into
a parking court or a landscaped island (with an acceptable system
for maintenance) within a cul-de-sac.
(4) 
No street shall dead-end without an approved turnaround
at the end of the street. Temporary stub streets shall be required
to include at least a temporary cul-de-sac, if the stub would be longer
than 150 feet or serve more than three dwellings or lots.
(5)
See also the design standards in Table 10.1.
(6)
A cul-de-sac street, or a combination of cul-de-sac
streets connected so as to effectively form a system with only one
point of entry, shall serve a maximum of 20 dwelling units.
J.
Maintenance. As a condition for final plan approval,
the developer must enter into a legally binding agreement which shall
state who is to be responsible for the improvement and maintenance
of any street not offered for dedication. If an association of lot
owners is to be made responsible, such association must be legally
organized prior to plan approval by an agreement approved by the Township.
K.
Street design and traffic improvements.
(1)
In general. Streets shall be graded, improved and
surfaced to the grades and dimensions shown on approved plans, profiles
and cross sections and in conformance to the Township street improvement
standards.
(2)
Right-of-way grading.
(a)
The entire right-of-way shall be graded to the
approved cross section. All trees, stumps and other material deemed
unsuitable by the Township Engineer shall be removed. The excavation
shall be backfilled and suitably compacted to the satisfaction of
the Township Engineer.
(b)
The entire street structure shall be crowned
in conformance with the Township street and improvement specifications.
(c)
A proper super-elevation (banked curves) shall
be provided on arterial and collector streets and when required by
the Township Engineer. Additional provisions shall be provided to
prevent hazardous surface cross drainage.
(3)
Grading beyond right-of-way.
(a)
The subdivider or developer may be required
to grade beyond the right-of-way line in order to provide continuous
slope from the right-of-way line to the proposed elevation of the
abutting property.
(b)
Such grading beyond the right-of-way shall maintain
the original conditions of slope and contours except where stormwater
runoff designs dictate or warrant improvement or alteration of the
original slope and contours.
(c)
Approved plans, either preliminary or final,
showing proposed grading, shall be a covenant running with the land,
unless altered by written permission from the Board of Supervisors
in conjunction with the Northampton County Conservation District.
(d)
In areas of earth excavation or earth fill,
such grading shall be done to a maximum slope of three feet horizontal
to one feet vertical.
(4)
Drainage of streets.
(a)
Parallel- and cross-drainage facilities shall
be properly located, designed and installed to maintain proper drainage
of the completed streets.
(b)
Proper design and construction in accordance with those requirements may require the use of curb and gutter or paved drainage swales to prevent erosion. Drainage facilities shall be designed in accordance with requirements of § 165-63.
(c)
The minimum diameter of any cross-drainage or
culvert pipe shall be 15 inches.
(d)
Open pipe ends must be fitted with concrete
end walls or wing walls or prefabricated end sections and with protective
safety gratings.
(e)
No open pipes shall be allowed to end within
the Township street right-of-way, except in cases where new driveways
must cross existing deep roadside swales adjacent to existing Township
streets. In the case of these exemptions to the standard, the pipe
shall be located as far off the edge of pavement as possible (at least
20 feet from the street center line).
(f)
Energy dissipators shall be placed at the outlets
of all pipes where flow velocities exceed maximum permitted channel
velocities.
(g)
Bridges and culverts shall be designed to support
expected loads in accordance with applicable federal and/or state
standards, to accommodate expected stormwater flows and to be constructed
to adequate width in accordance with PennDOT standards. The applicant
shall apply for and obtain a DER permit when required.
(h)
Consideration shall be given for subgrade drainage
of those soils subject to frost heave. Design of the roadbed in such
locations may require parallel drainage facilities and/or underdrains
to properly stabilize the subgrade. The Board of Supervisors may require
that such drainage facilities be provided. The design of such subgrade
drainage facilities shall be subject to the review and approval of
the Township Engineer.
(k)
A set of approved design plans shall be maintained
on file at the site during construction, as record drawings.
L.
Private streets. Any private street or accessway that
will eventually serve traffic from three or more dwelling units or
two or more industrial, commercial uses and/or institutional uses
shall be designed and constructed to Township construction standards,
including the provision of a street right-of-way.
M.
Required traffic improvements.
(1)
Purpose. In recognition of the provisions of the Article
V-A and Sections 503(2)(ii) and (3) of the Pennsylvania Municipalities
Planning Code,[2] this section is primarily intended to ensure that streets
bordering a subdivision or land development are coordinated and of
such widths and grades and in such locations as deemed necessary to
accommodate prospective traffic and to facilitate fire protection
and to ensure that the access into and out of subdivisions and land
developments is sufficiently safe.
[2]
Editor's Note: See 53 P.S. § 10503(2)(i)
and (3) and also 53 P.S. § 10501-A et seq.
(2)
Process. This Subsection M shall be carried out through determinations of the Board of Supervisors, after considering any recommendations of the Planning Commission, the Township Engineer, the applicant, the applicant's professional representatives, any comments from PennDOT that may be provided regarding a state road and any professional traffic studies that may have been submitted.
(3)
On-site/abutting traffic improvements. If, in the
determination of the Board of Supervisors, there is a reasonable relationship
between the need for an on-site improvement of a street and the traffic
created by a proposed subdivision or land development, the applicant
for such subdivision or land development shall be required to complete
the needed improvement or fund his/her fair share of the cost of such
traffic improvement and to dedicate sufficient street right-of-way
for needed improvements.
(a)
Widening of abutting street. An applicant for
any land development or major subdivision shall be required to widen
the cartway and any shoulders of abutting streets to Township standards
(or other specifications approved by the Board of Supervisors or PennDOT)
and to a width determined to be adequate by the Board of Supervisors.
[1]
The applicant shall only be responsible for
improvements from the center line of the street right-of-way inward
toward the project's lot lines, unless the Board of Supervisors determines
that improvements on the other side of the center line are essential
for public safety.
(b)
Such improvements and right-of-way shall be
required unless the Board of Supervisors determines:
[1]
That there is not a reasonable relationship
between the improvements and the traffic created by the proposed development;
[2]
That widening of right-of-way or other improvements
are not needed or that a lesser improvement is sufficient;
[3]
That PennDOT specifically refuses in writing
to allow such improvement to a state road in the foreseeable future,
in which case the Township may still require that abutting right-of-way
be dedicated to the Township or reserved for future dedication if
needed in the future.
(c)
Any improvement to a state street shall meet
all PennDOT standards.
(4)
Types of required traffic improvements.
(a)
The following shall be the definition of "on-site
improvement" (unless this definition is amended by state law): "all
street improvements constructed on the applicant's property, or the
improvements constructed on the property abutting the applicant's
property necessary for the ingress or egress to the applicant's property."
(b)
On-site improvements may include, but are not
limited to, a new or upgraded traffic signal, land dedication to improve
an abutting intersection, realignment of an abutting curve in a road
or the widening of the abutting cartway and right-of-way.
(c)
The Township shall not require an applicant
to fund or complete a road improvement that is an "off-site improvement"
as defined by the Pennsylvania Municipalities Planning Code,[3] unless the Board of Supervisors determines that such improvement
is clearly essential for the physical safety of the occupants/residents
of the proposed development (such as for emergency vehicle access).
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
(5)
Funding. In place of completing a required street
improvement as a condition of final approval, an applicant may enter
into a legally binding development agreement with the Township for
the applicant to fund the improvement or his/her fair share of such
improvement, as determined by the Board of Supervisors.
(6)
Accounting. Any such funds may be placed in escrow
until such time as sufficient funds are available for a more comprehensive
improvement, with interest being used toward the cost of the improvement.
Any such funds received under this subsection shall be accounted for
separately.
(7)
Staging. Any completion or funding of a required road
improvement may occur in stages in relationship to the stages of the
development, if so stated in a legally binding development agreement
and/or as a condition of final plan approval.
A.
Residential.
(1)
Maximum length. Residential blocks shall not exceed
1,500 feet in length in subdivisions using an average lot size of
one acre or larger and shall not exceed 1,200 feet in length in subdivisions
having an average lot size less than one acre.
(2)
Minimum length. Residential blocks shall have a minimum
length of 250 feet.
(3)
Blocks shall be of sufficient width to permit two
tiers of lots except where access is limited by virtue of an adjoining
arterial street or by virtue of topographic limitations.
B.
Nonresidential. Nonresidential blocks shall not be
less than 800 feet in length.
A.
Lots shall conform to the applicable minimum lot sizes,
lot widths, setback and all other requirements as set forth in the
Township Zoning Ordinance.
B.
All lots shall front on a public or private street
improved to meet Township standards or for which such improvements
have been insured by the posting of an acceptable performance guaranty
under this ordinance.
C.
The depth-to-width ratio of a lot shall generally
not be greater than three to one (3:1).
D. 
Side lines of lots shall abut and be approximately
at right angles to straight streets and on radial lines to curved
streets. Pointed or very irregularly shaped lots shall be avoided.
(See figures below.)
E.
Double-frontage lots.
(1)
Double-frontage lots shall not be created, except
as needed to avoid direct vehicular access onto a minor arterial street,
or a collector street intended to carry high volumes of through traffic,
by individual driveways.
(2)
Planting strips.
(a)
On any double-frontage or reverse-frontage lots,
each lot shall include a fifteen-foot-deep planting strip along one
of the streets, with vehicle access across this strip clearly prohibited
by notes on any approved plan.(See figures below.)
(c)
This planting strip shall be placed along the
street that the Planning Commission determines will eventually serve
the most through traffic. (For example, if a lot abuts a collector
and a local street, the planting strip shall be placed along the collector
street and the lot shall only have vehicular access onto the local
street.)
F.
If remnants of land (other than rights-of-way) exist
after subdividing, they shall be incorporated into existing or proposed
lots. No lot shall be created that would abut a minor arterial street
that would not be suitable for a use permitted in that zoning district.
G.
Bus stops.
(1)
Residential land developments or subdivisions that
involve 15 or more dwelling units shall contact the School District
to seek to establish one or more acceptable and safe locations for
a school bus stop.
(2)
A major subdivision or land development may be required
by the Planning Commission to contact the local public transportation
agency to seek an appropriate location for a public bus stop.
A.
Purposes. The purposes of these regulations shall
be to:
(1)
Provide adequate open spaces, recreational lands and
recreational facilities primarily to serve new inhabitants of new
developments, for both active and passive recreation.
(2)
Recognize and work to carry out the Palmer Township
Park, Recreation and Open Space Plan.
(3)
Recognize the rationale for these common open space
and fee-in-lieu-of-land requirements, as described in the Park, Recreation
and Open Space Plan and associated memoranda to the Township from
the Township's professional recreation planning consultants.
B.
Applicability. Subdivision and land development applications
submitted and/or approved prior to this section becoming effective
shall be bound by the previous language of section. This new section
shall apply to any subdivision or land development for which a preliminary
plan or a combined preliminary/final plan is submitted after the effective
date of this amendment, except that this section shall not apply to:
(1)
Submittals that the Planning Commission determines
only involve clearly minor adjustments or corrections to a preliminary
plan that was duly submitted and actively under consideration or approved
prior to the effective date of this amendment.
(2)
Planned residential development (PRD) only to the extent of active recreational facilities (see § 165-62J) being provided by the developer in said PRD. In such an event, for all such facilities so provided, credit for the value thereof is to be given against the recreational fee schedule set forth in § 165-62E hereof. If no such facilities are provided by the developer in said PRD, then the provisions of the aforesaid § 165-62E are fully applicable to a PRD.
[Amended 4-8-1996 by Ord. No. 263]
(3)
Any plan that only involves changes that do not increase
the number of lots.
C.
Limitations on use of recreation fees.
(1)
Uses and accounting. Any fees collected under this
section shall be placed within an interest-bearing account and shall
be accounted for separately from other Township funds. Such fees shall
only be used for the following: acquisition of public open space for
recreation, development of public recreation facilities, landscaping
of public open space and closely related legal, engineering, construction
document preparation and design work fees.
(2)
Locations. The Township should identify the location
at which fees from a subdivision or land development are intended
to be expended. Such location should be reasonably accessible to inhabitants
of the development that paid the fee. If such location is not specifically
identified or if the Board of Supervisors determines that circumstances
have changed, then such fees shall be used for the acquisition of
land or development of facilities at a community-wide park in the
northern portion of the Township or at Riverview Park or at another
recreation area intended to serve the entire Township.
D.
Land dedication.
[Amended 2-15-2000 by Ord. No. 283]
(1)
Amounts of land. Any applicant for any residential subdivision or land development shall dedicate common open space that consists of land suitable for passive and active recreation, at a rate of 2,000 square feet per dwelling unit or lot, unless the Board of Supervisors determines that such land in that location would not be reasonable or efficient, in which case recreation fees in lieu of land shall be required under Subsection E.
(2)
The land and fee requirements of this section shall
be based upon the maximum number of new dwelling units granted final
approval within a subdivision or land development. In the case of
a subdivision of single-family detached dwellings, the fee shall be
based on the number of newly created lots.
E.
Land or fees for residential development.
[Amended 2-15-2000 by Ord. No. 283]
(1)
If the Board of Supervisors determines that a land dedication within a proposed subdivision or land development would not be reasonable or efficient, the applicant shall be required to pay fees in lieu of dedicating open space. A notation stating that such fees are required shall be stated on the final record plan. This fee shall be made at a rate as set from time to time by resolution of the Township Board of Supervisors. NOTE: The current Fee Schedule is available at the Township Municipal Building. A general guide for future increases may be increases in the consumer price index. See § 165-62I regarding timing of fees.
(2)
The Township should consider the following standards
when determining whether or not common open space proposed for dedication
is reasonable or efficient:
(a)
Whether common open space in that location would
be suitable for active or passive recreation. (Active recreation would
take place on slopes less than six-percent and support the construction
of recreational facilities. Passive recreation would take place on
land that would accommodate the construction of trails, picnic areas
and other pedestrian amenities.)
(b)
Whether common open space could be added to
an existing recreation area that is adjacent or a potential future
recreation area on an adjacent property.
(c)
Whether the proposed land would meet the requirements
of this section.
(d)
Whether the area surrounding the proposed development
has sufficient existing recreation and open space land and whether
it is possible for pedestrians and bicyclists to safely reach those
lands.
(e)
Any relevant policies of the Township Park,
Recreation and Open Space Plan.
(f)
Whether the proposed open spaces would preserve
important natural features (such as woodlands or creek valleys) that
might otherwise be negatively altered.
(g)
Whether the area will involve a significant
concentration of homes without large yards.
(h)
Any recommendations that may be received from
the Recreation Commission, Planning Commission, the Township Engineer,
the Township staff or the School District.
F.
Land to be dedicated.
[Amended 2-15-2000 by Ord. No. 283]
(1)
Land required to be dedicated shall be suitable, prior
to dedication, for its intended purpose, in the determination of the
Board of Supervisors, after providing the Recreation Commission with
an opportunity for a review.
(2)
The applicant shall state what improvements, if any, that he/she intends to make to the land to make it suitable for its intended purpose, such as rough grading, drainage improvements, landscaping, clearance of undesirable vegetation or development of rough trails. The applicant shall not be required to actually construct or install active recreation facilities as part of land dedication except as part of any agreement under Subsection J, Fee modification process. Open space shall be free of construction debris, excavated materials and solid waste prior to dedication.
(3)
Ownership. Required common open space shall be deeded
to the Township, unless the Board of Supervisors agrees to allow a
dedication to any of the following: the Easton Area School District,
Northampton County, a property-owner/condominium association or an
environmental organization or other entity acceptable to the Board
of Supervisors. In the case of a rental development, the Township
may permit the common open space to be retained by the owner of the
adjacent residential buildings.
(4)
Homeowner association. If required common open space
is to be owned by a homeowner association, such organization shall
require all property owners within the development to annually contribute
to the maintenance of the common open space. Such provisions regarding
required common open space shall be subject to acceptance by the Board
of Supervisors, based upon the review by the Township Solicitor and
generally follow as a model the provisions of Section 705(f) of the
Pennsylvania Municipalities Planning Code regarding homeowners associations.[1]
[1]
Editor's Note: See 53 P.S. § 10705(f).
(5)
Any required common open space dedication shall include
deed restrictions to permanently prevent the development of buildings,
except buildings for noncommercial recreation or to support maintenance
of the land for recreation.
(6)
Priority shall be given to dedication of land in approximate
locations identified by the Township Park, Recreation and Open Space
Plan. The Township may accept the dedication of common open space
that is not contiguous to the development that it relates to, provided
that the applicant proves to the satisfaction of the Township that
the land would clearly serve a valid common open space purpose.
(7)
A minimum of 50% of the required common open space
to be dedicated shall be usable for active recreation. Areas intended
for active recreation shall be well-drained, of less than six-percent
average slope and not require filling in of a wetland for use.
(8)
Land used to meet the minimum required amounts of
common open space shall exhibit the following conditions:
(a)
Has adequate access for its maintenance and
for pedestrians. Note, a minimum of two access points shall be required
from a public street or land shall adjoin and become part of an existing
open space area that is accessible from a public street. The width
of street frontage shall not be less than the minimum lot width as
established in the zoning district for which the land to be dedicated
is located; and
(b)
Is suitable for both active and passive recreation;
and
(c)
Is not located within a stormwater detention
basin; and
(d)
Is not required to be provided under another
section of this ordinance or another Township ordinance; and
(e)
Is not located within 15 feet of any principal
building; and
(f)
Is not located within 15 feet of a parking area
of six or more parking spaces (other than parking areas specifically
developed to serve the open space); and
(g)
Would not result in a total contiguous tract
of common open space of less than 1/2 acre (including any preexisting
adjacent common open space); and
(h)
Is not within the right-of-way of overhead high-voltage
electrical lines; and
(i)
Fifty percent of land required to be dedicated
has a usable shape for active recreation; and
(j)
Has a minimum width of the lot width established
for the zoning district in which the land to be dedicated is located,
except for developed pathways and except for portions of the open
space needed for maintenance access.
(9)
Residual land. If only a portion of a larger tract
of land is currently proposed to be subdivided or the applicant owns
one or more adjacent tracts that not currently proposed to be subdivided,
the applicant shall provide a sketch of a possible future land dedication
on these adjacent lands in case they would be developed in the future.
This is intended to encourage long-term coordination of open space.
(10)
Coordination with future adjacent dedication.
The Board of Supervisors may require that a required land dedication
within a property currently being subdivided shall be placed along
an adjacent undeveloped property so that in the future open spaces
on both sides of the property line may be combined.
(11)
Configuration and general siting of land.
(a)
Open space shall be configured to serve and
be accessible to all residents of the development.
(b)
Common open space shall be arranged to take
maximum advantage of the natural and physical characteristics of the
site, to provide buffer yard provisions for adjacent parcels and to
place common open space within easy access and view of a majority
of dwelling units.
(c)
Lands able to support the construction of active
recreation facilities as described above must be incorporated into
the required open space of the development as follows:
[1]
Land shall be centrally located so as to conveniently
serve all residents of the development and shall consist of one parcel
of land. Note, active recreational areas shall not be within 100 feet
of a residential building or residential lot.
[2]
Land shall be accessible from a public street
or shall become part of an existing park or common open space that
is accessible by a public street. In addition, the active area shall
be access to sewer, water and public utilities.
(d)
Environmentally sensitive areas such as wetlands,
one-hundred-year floodplains, rock outcroppings, and sloping areas
over 15% may count toward 25% of the required percentage of passive
common open space. Such environmentally sensitive areas listed above
can be included as part of the lands to be dedicated but shall be
provided above and beyond the acreage required in Section D.
(e)
Land dedicated for passive common open space
shall be able to support the construction or location of pedestrian
trails and amenities along the pathway such as benches and picnic
areas.
G.
Fees for business development.
[Amended 2-15-2000 by Ord. No. 283]
(1)
Purpose. The purpose of these regulations shall be
to recognize that the development of commercial and industrial uses
creates significant demand for many types of Township recreation facilities,
such as athletic fields, volleyball courts and picnic areas.
(2)
Any new commercial or industrial subdivision or land
development shall be required to dedicate 5% of the buildable area
of the tract for recreational purposes. The land to be dedicated shall
not include wetlands, slopes over six-percent, floodplain areas, or
stormwater detention or management areas. Note, the applicant may
pay a recreation fee in lieu of land dedication in an amount as set
from time to time by resolution of the Township Board of Supervisors.
NOTE: The current Fee Schedule is available at the Township Municipal
Building. This fee may be revised by resolution of the Board of Supervisors.
No land shall be required for dedication or fee shall be charged for
a change in use of or expansion of an existing building.
H.
Combination of land and fees. Upon mutual agreement
of the Board of Supervisors and the applicant, the Township may accept
a combination of common open space and fees in lieu of land to meet
the requirements of this section for a residential subdivision or
land development. This combination shall be based upon the common
open space requirement that applies to a certain number of dwelling
units and the fee-in-lieu-of-land requirement that applies to the
remaining number of dwelling units.
I.
Timing of fees. Fees required under this section shall
be due and payable upon the receipt of the signed and sealed final
plan from the Township and, in any case, shall be paid prior to recording
of the final plan, except as follows:
(1)
The payment of fees may be delayed for up to six months
after the recording of the final plans if the applicant provides financial
security acceptable to the Township to ensure the payment of the fees
at such time.
[Amended 2-15-2000 by Ord. No. 283]
J.
Fee modification process.
(1)
An applicant may seek a modification or reduction
of requirements of this section by offering in writing, in a contractually
binding form to:
(a)
Construct substantial, permanent recreation
facilities within the proposed subdivision or land development;
(b)
Construct substantial, permanent recreation
facilities on existing public open space; or
(c)
Donate or sell appropriate land at a reduced
market value to the Township or the county for public recreation,
provided that the applicant proves by evidence from qualified professionals
that such market value is in fact reduced by an amount greater than
or equal to the value of the modification.
(d)
Should the applicant/developer agree to construct recreation facilities, as described in Subsection J(1)(a) and (b) above, 100% of the facilities shall be constructed within six months from their receipt of the signed and sealed final plan from the Township, unless otherwise agreed to by the Township.
[Added 2-15-2000 by Ord. No. 283]
(e)
As part of the contractual binding form, the
applicant shall provide construction drawings, technical specifications
and cost estimate. Note, the construction of facilities shall be at
a minimum equal to the amount of the fee that would have been generated
from in-lieu-of land dedication.
[Added 2-15-2000 by Ord. No. 283]
(2)
The Township may accept such modification if the applicant
clearly proves to the satisfaction of the Board of Supervisors, after
providing the Recreation Commission with an opportunity for a review,
that such alternative will be substantially equivalent to the value
of the land and/or facilities needed to meet the majority of the recreation
needs that can be expected to be generated within the Township from
the inhabitants of the development. Such modification shall be based
upon an estimate of the market value of the improvements by the applicant's
engineers, which shall be subject to acceptance by the Board of Supervisors.
(3)
The applicant must prove to the satisfaction of the
Planning Commission and the Board of Supervisors the cost value of
the proposed permanent recreational facilities in order for the same
to be credited against the applicable recreation fees. Permanent recreation
facilities may include playground equipment, courts, ball fields,
picnic areas, pavilions, bike paths, parking areas, and other facilities
related to or accessory to use by the public as recreational facilities,
as so determined by the Planning Commission and the Board Supervisors.
[Added 4-8-1996 by Ord. No. 263]
K.
Timing of land dedication.
[Added 2-15-2000 by Ord. No. 283]
(1)
Land required to be dedicated shall be due upon the
receipt of the signed and sealed final plan from the Township and,
in any case, shall be dedicated prior to recording of the final plan.
In the event that the subdivision is proposed in phases, the applicant
can choose to dedicate the full area of land required for the total
tract as shown in the preliminary plan or dedicate the open space
required for the approved phase. If the development or subdivision
occurs in phases, the following calculation shall be used:
|
Required Phase I Open Space
|
=
|
Phase I Units or Lots
Total Units or Lots
|
x [(Total Required Open Space) + (.1
x Total Required Open Space)]
|
|
Total Required open space = 2,000 square
feet total number of units in all phases
| |||
(2)
Should the applicant/developer elect to dedicate open space by phase, each open space area to be dedicated shall be contiguous to the open space area proposed for each subsequent phase. It is the specific intent of this subsection not to promote location of small isolated pockets of open space within a subdivision. Further, acceptable mechanisms of ownership shall be established as required in Subsection F.
A.
General provisions.
(1)
Stormwater runoff from any subdivision or land development
(including during construction and earthmoving) shall not occur at
a peak rate (measured in cubic feet per second) that is greater after
development than occurred prior to development.
(2)
Control of runoff from a site shall occur using appropriate
means of detention of the water on the site and/or other approved
types of stormwater management, within the requirements of this ordinance.
(3)
Runoff that is detained shall be held and released
at a predetermined controlled rate by appropriately installed devices.
The release shall be in the same manner as the natural or predevelopment
means of discharge from a site (such as point discharge or sheet flow).
(4)
Stormwater runoff shall not be increased or redirected
in such a way that it results in hazards to persons or property or
interferes with the normal movement of vehicles.
(5)
All stormwater management methods are subject to approval
by the Township Engineer.
(6)
Stormwater shall be directed away from buildings and
on-lot septic systems.
(7)
All stormwater management plans shall take into account
and provide for existing flow from upstream areas within the entire
watershed.
(8)
The existing points of natural drainage discharge
onto adjacent property shall not be altered nor shall the concentration
of water runoff be increased because of development without the written
approval of all affected landowners.
(9)
No stormwater runoff or natural drainage water shall
be so diverted as to overload existing drainage systems or create
flooding or the need for additional drainage structures on other private
properties or public lands, without complete approval of provisions
being made by the developer for properly handling such conditions,
including water runoff impoundments, if necessary.
(10)
All lots shall be laid out and graded to prevent
cross-lot drainage and to provide positive drainage away from proposed
building locations and any primary or alternate septic system locations.
(11)
See regulations concerning setbacks from swales and slopes of swales in §§ 190-150 and 152 of the Township Zoning Ordinance.
(12)
An adequate storm sewer system consisting of
inlets and other underground drainage structures with approved outlets
shall be constructed where the runoff of stormwater and the prevention
of erosion cannot be accomplished satisfactorily by surface drainage
facilities, as determined by the Board of Supervisors, based upon
the recommendation of the Township Engineer.
(13)
Outlet locations shall be approved by the Township
Engineer.
(14)
Sequence of construction. No substantial grading
shall occur and no building permits shall be issued for any building
unless any detention basin, siltation basin or improved major swale
approved to handle the resulting runoff is in place. Any detention
basin shall be seeded and stabilized and have an installed outlet
structure prior to the construction of any streets or buildings within
that drainage basin.
B.
Calculations of stormwater runoff.
(1)
Stormwater calculations shall be submitted in a clear
and legible manner for any lot or tract that would result in an increase
of 3,000 square feet or greater of total impervious cover.
(2)
These calculations shall follow a method preapproved
by and acceptable to the Township Engineer. The following methods
are recommended:
(3)
Rainfall data shall be from the National Weather Service
or PennDOT, for the Lehigh Valley.
(4)
The stormwater calculations shall include the following:
(a)
Pre- and postdevelopment drainage maps, showing
existing and proposed grades and including any off-site tributary
area.
(b)
Pre- and postdevelopment runoff calculations.
(c)
Detention-basin design calculations (as applicable).
(d)
Pipe and swale sizing calculations.
(e)
All other information that is needed to construct
proposed stormwater drainage facilities, including, but not limited
to, slopes, proposed elevations and typical cross sections and details.
(f)
Such information as the Township Engineer determines
is needed to determine compliance with this ordinance.
(g)
If the development occurs in phases, the entire
system shall be shown.
(5)
Where crop farming or disturbed earth exists on the
site prior to development, meadow in good condition shall be used
as the starting base for the calculation.
C.
Design storms. The following shall apply unless superseded
by PennDOT or other stricter standards:
(1)
At a minimum, the applicant shall prove to the satisfaction
of the Township Engineer that no increase in peak stormwater discharge
will leave the tract during earthmoving, construction or after development
than occurred prior to any of these activities, under the following
conditions and storm frequencies (considered individually), unless
any more restrictive requirements of an applicable official stormwater
management plan approved by DER and the county pursuant to State Act
167 of 1978, as amended, exist:[2]
[2]
Editor's Note: See 32 P.S. § 680.1
et seq.
(2)
If using the SCS calculation method, a twenty-four-hour
Type II storm shall be used in the calculations required by this subsection.
(3)
Storm sewer piping, roadside swales and inlet systems
shall be designed for a twenty-five-year storm. A twenty-four-hour
Type II rainfall shall be used if using the soil complex method. The
openings of culverts and under bridges shall be designed for a fifty-year,
twenty-four-hour Type II rainfall (except within the one-hundred-year
floodplain). Bridges shall be designed with one foot of freeboard.
(4)
Within the one-hundred-year floodplain, any stormwater
management structures and systems shall be designed to handle a one-hundred-year
storm. A twenty-four-hour Type II storm shall be used if using the
soil complex method.
(5)
The stormwater management plan shall show that a one-hundred-year,
twenty-four-hour storm can be safely conveyed without jeopardizing
any existing or proposed principal building on the site or any existing
principal building downstream of the site. For downstream properties,
the applicant shall study areas where the development could have significant
impact, considering the size of drainage areas and the amount of runoff
from the development.
D.
Design submission.
(1)
All plans showing the proposed storm drainage construction
must be accompanied by a complete design stamped and signed by a Pennsylvania-registered
engineer.
(2)
When subdivisions or land developments are submitted
to the Township for approval in sections, a complete general storm
sewer design for the proposed subdivision or land development shall
be submitted at the preliminary plan level. The proposed design must
take into account the entire tract and the watershed.
(3)
All stormwater controls shall be designed to function
adequately after the completion of each phase of a development. This
may require the use of temporary structures, which shall be shown
on submitted plans.
(4)
A development shall be required to include the construction
of stormwater controls in areas of future phases of a development
prior to construction of earlier phases if the Township Engineer determines
that is necessary to make sure that the system will work after the
completion of each phase. This shall, for example, include the extension
of the main outfall line.
(5)
A set of approved design plans shall be maintained
on file at the site during construction, as record drawings.
(6)
Drainage structures that are located on state highway
rights-of-way shall be found to be acceptable to PennDOT, and PennDOT
approval shall be a condition of any final approval of the Township.
E.
County watershed plans. For areas of a development
that are located within a watershed for which a stormwater management
plan has been approved by DER and the county (pursuant to the State
Act 167 Storm Water Management Act), where specifically provided under
state law, such Act 167 plan shall supersede any conflicting parts
of this section. (NOTE: The Act 167 plans primarily establish differing
detention levels for different areas.) Where necessary for public
safety, the Board of Supervisors may require adjustments to such Act
167 plan provisions, within the limitations of the Act 167 plan.
F.
Joint storm drainage facilities.
(1)
Stormwater management facilities may be planned and
constructed in coordination by two or more developments, provided
that all other parts of this section are complied with.
(2)
The Township may require a development to contribute
its fair share of the costs of a comprehensive regional or subregional
stormwater system in place of requiring an on-site detention basin.
G.
Methods of detention and flow delay. The following
methods of detention or flow-delay devices may be found to be acceptable
by the Township Engineer:
(1)
Wet or dry ponds and detention basins.
(2)
Roof storage and increased roof roughness.
(3)
Parking lot detention.
(4)
Infiltration trenches.
(5)
Porous pavements, grassed channels and vegetated strips.
(6)
Cisterns, underground reservoirs or covered ponds.
(7)
Increasing the roughness coefficients on the development's
surface area.
(8)
Decrease percentage of impervious area.
(9)
Groundwater recharge.
(10)
Routing flow over lawns in swales within stormwater
easements.
(11)
Detention storage within the storm sewer.
(12)
Another method that may be approved by the Township
Engineer.
H.
Rooftop storage. If a roof is to be used for detention,
a condition of such use shall be that the applicant shall submit appropriate
calculations and a signed statement from a registered architect or
registered engineer that the structure will be able to support the
roof loadings. This statement shall be required prior to issuance
of the building permit.
I.
Parking lot storage. A maximum of 30% of paved parking
lot may be found acceptable as a stormwater detention but not retention
facility. Ponding shall be arranged so that pedestrians may cross
the parking lot relatively dryly. There shall be a maximum designed
depth of six inches, and the pavement shall be designed to withstand
the effects of ponded water. The area used for the storage shall be
the least used portions of the parking.
J.
Groundwater recharge. In general, all runoff control
measures shall be designed to encourage groundwater recharge, if suitable
subsurface conditions are present. However, in any such recharge,
proper precautions shall be taken to prevent pollution of the groundwater,
prevent the formation of sinkholes and to promote safety.
K.
Detention basin standards.
(1)
For the purpose of this section, a retention basin
shall be required to meet the same standards as a detention basin.
(2)
Emergency spillways. All detention basins shall be
designed with an emergency spillway.
(a)
These spillways at a minimum shall be able to
handle a one-hundred-year postdevelopment peak discharge of the principal
pipe barrel and the emergency spillway.
(b)
Whenever possible, the emergency spillway for
detention basins shall be constructed on undisturbed ground. If the
emergency spillway cannot be constructed on undisturbed ground, it
shall be constructed of suitable material adequately compacted in
accordance with specifications preapproved by the Township Engineer.
(c)
Emergency spillways shall be constructed of
reinforced concrete, mortared-in-place riprap or concrete rubble.
All emergency spillways shall be constructed so that the detention
basin berm is protected against erosion.
(d)
The emergency spillway shall be a minimum of
two feet below the adjacent berm elevation. The emergency spillway
shall convey the one-hundred-year storm at a maximum depth of one
foot over the spillway. The downstream slope of the spillway shall,
as a minimum, extend to the toe of the berm embankment. The edge of
the basin grading shall be within the subject property.
(e)
All detention basin outflow structures shall
be designed with trash racks over the outflows.
(3)
Slope of detention basin embankment. The maximum inside
slope of earthen detention basin embankments shall be four horizontal
to one vertical. The maximum outside slope shall be three to one (3:1).
The top or toe of any slope shall be located a minimum of five feet
from any property line. Whenever possible, the side slopes and basin
shape shall be amenable to the natural topography. Straight side slopes
are prohibited.
(4)
Width of berm. The minimum top width of detention
basin berms shall be 10 feet, unless the Township Engineer determines
that a greater width is needed for maintenance and/or structural purposes.
(5)
Slope of basin bottom. In order to ensure proper drainage
of the detention basin, a minimum grade of 2% shall be maintained
for all sheet flow. A minimum grade of 1% shall be maintained for
all channel flow, provided that a synthetic low-flow channel of suitable
materials is provided.
(6)
Antiseep collars. Antiseep collars shall be installed
around the principal pipe barrel within the normal saturation zone
of the detention basin berms. Antiseep collars shall not be required
on basins designed to have a depth of water of less than three feet.
The antiseep collars and their connections to the pipe barrel shall
be watertight. The antiseep collars shall extend a minimum of two
feet beyond the outside of the principal pipe barrel. The maximum
spacing between collars shall be 10 times the minimum projection of
the collar measured perpendicular to the pipe.
(7)
Fencing.
(a)
The Township may require an applicant to surround
a detention basin with galvanized vinyl-clad chain link metal fencing
or an alternative type of fence acceptable to the Township if any
of these conditions are present:
[1]
The maximum depth of water in the basin after
a twenty-five-year storm is greater than 30 inches.
[2]
The basin is intended to hold water for periods
of longer than three hours after the rainfall subsides.
[3]
The basin is to be dedicated to the Township,
and the Board of Supervisors requests fencing.
[4]
The earthen inside slopes of the detention basin
will be steeper than four horizontal to one vertical.
(b)
Fencing of a detention basin under the above
subsection shall not be required if the nearest residential district,
school, day-care center, existing residence or recreation facility
is at least 1,500 feet away in walking distance from the basin.
(8)
Landscaped screening of detention basins.
(a)
A detention basin shall be screened from view
of existing residences, a residential zoning district or a public
street, unless the basin would meet both of the following conditions:
[1]
It would have an average inside slope of less
than five to one (5:1) on the outside of the basin, and both the inside
and outside would be planted in grass and intended to be mowed or
would be designed to closely resemble a natural pond.
[2]
It would not be surrounded by a primarily metal
fence.
(9)
Multiple basins. The use of multiple detention basins
should be investigated over the use of one larger storage facility.
(10)
All outflow structures from storage facilities
shall be equipped with a regulatory device that will permit modification
to regulate the amount of outflow. Suitable antivortex and/or velocity
retarders shall be used.
(11)
An outflow control structure shall be provided
at the outlet of all detention basins. This structure shall be constructed
of metal or concrete and shall be designed so that the rate of outflow
is controlled by the pipe barrel through the basin berm when the depth
of water within the basin exceeds the height of the structure. A trash
rack or similar device shall be provided to prevent debris from entering
the outflow structure. The crest elevation shall be set at a minimum
of 12 inches below the emergency spillway.
(12)
Retention basins. Aeration devices may be required,
dependent upon the quality of the influent and detention time.
(13)
Recreation. When reasonable, efforts should
be made to allow suitable recreational uses of portions of detention
areas. This might include designing a detention basin so that only
a portion would be wet after a minor storm, and the remainder would
be well-drained during all except the most serious storms. These areas
may be acceptable at the discretion of the Township as part of any
recreation land that may be required under any other Township ordinance.
(14)
Detention basins shall not be placed within
an existing sinkhole or a location known to be highly vulnerable to
sinkholes, without a suitable liner. The Board of Supervisors may
require a clay liner where deemed necessary, based upon the recommendations
of the Township Engineer and the Township staff. If such liner is
required, it shall have a permeability rate of at least 1 x 10-6 centimeters per second.
L.
Construction standards. Construction and materials
of storm drainage and control facilities (including pipes), erosion
control facilities and all other required improvements shall be in
accordance with the approved plans and any accompanying specifications.
The construction details and standards of the following publications,
or their successor publications, in their most recent revision shall
be used:
(1)
County Erosion and Sedimentation Control Handbook.
(2)
PennDOT, Form 408, specifications.
(3)
PennDOT, RC Series, Roadway Construction Standards.
(4)
In cases where the above documents conflict with Township
specifications, the Township's specifications shall supersede, except
in areas of PennDOT jurisdiction.
M.
Storm sewers.
(1)
The construction of new storm sewers or the connection
into acceptable existing storm sewers shall be required or allowed
by the Board of Supervisors if the Board of Supervisors determines,
on the basis of the recommendation of the Township Engineer, that
this is the most feasible and reasonable option.
(2)
Any storm sewers shall be constructed to Township
specifications and shall not interconnect with sanitary sewers.
N.
Drainage pipe, culvert and catch basin design.
(1)
The minimum diameter of any cross-drainage or culvert
pipe shall be 15 inches.
(2)
Open pipe ends must be fitted with concrete end walls
or prefabricated end sections.
(3)
Drainage pipes shall have a minimum slope of 0.5%,
and drainage swales and gutters 2.0%. As a minimum, the tops of all
pipes should be at the same elevation when changing pipe sizes.
(4)
Manholes or inlets shall be used at all changes in
horizontal alignment, at changes of vertical grade and at all pipe
intersections. No run of pipe shall exceed 400 feet in length without
appropriate measures to allow cleanout. Trash racks shall be placed
on all stormwater entrance structures.
(5)
Bridges and culverts shall be designed and constructed
in accordance with applicable PennDOT standards. The applicant shall
apply for and receive any required DER permits.
(6)
Grating. Appropriate safety grates shall be attached
to all catch basins, stormwater inlets, pipe openings and other stormwater
receiving structures, as needed, to ensure that maximum openings do
not exceed 25 square inches. Along streets, bikeways and pedestrian
paths, bicycle-safe grates as specified by PennDOT shall be used as
needed.
(7)
Storm sewer outfall. Storm sewer outfalls shall be
designed, with respect to the elevation of the invert or other features,
so that when the receiving watercourse is within a twenty-five-year
storm, the storm sewer will continue to drain the area it is designed
to serve.
(8)
Street construction; inlet spacing.
(a)
To minimize sheet flow of stormwater across
lots located on the lower side of streets and to divert flow away
from building areas, the cross section of the street as constructed
shall provide for parallel ditches or swales or curbing on the lower
side which shall discharge only at drainage easements.
(b)
Inlet spacing shall be designed such that in
a twenty-five-year storm, one traffic lane of at least 10 feet in
width shall be free from stormwater.
O.
Stormwater easements.
(1)
Where a subdivision or development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the high-water line of such watercourse attributable to a flood of one-hundred-year frequency, in order to preserve the unimpeded flow of natural drainage and to provide for future possible widening, deepening, relocating, improving or protecting of such drainage facilities. See also setbacks from waterways and drainage swales in §§ 190-150 and 190-152 of the Zoning Ordinance.
(2)
Obstructions; maintenance easements. Structures and
other obstructions to flow (except fences made of such materials and
so placed as to not obstruct flow) shall be prohibited within stormwater
easements. Such easements shall grant the Township the right to enter
the easement to accomplish maintenance work, although the Township
assumes no responsibility for such work.
(3)
It shall be the responsibility of the applicant to
obtain all stormwater easements on, over or through other properties
that are needed to carry out the proposed storm management plan.
(4)
Areas where stormwater easements have or will be granted
shall not be obstructed during or after construction.
P.
Surface waters.
(1)
All natural streams, channels, swales, drainage systems
and/or areas of concentration of surface water shall be maintained
in their existing condition unless alteration is approved by the Township
Engineer. The applicant shall be responsible to obtain all necessary
DER permits. (See Chapter 105 of Title 25 of the state regulations.)
(2)
Creek alignments. Any change to the alignment of a
watercourse or any blocking, impeding or redirecting of a watercourse
shall only occur with written approval of DER and the Township Engineer.
Q.
Ownership and maintenance of stormwater facilities.
A system for the ownership and maintenance responsibilities of all
temporary and permanent stormwater facilities and erosion and sedimentation
control facilities that is satisfactory to the Board of Supervisors
shall be established prior to final plan approval, including:
(1)
Description of temporary and permanent maintenance
requirements.
(2)
Identification of responsible individual, corporation,
association or other entity for ownership and maintenance of both
temporary and permanent stormwater management and erosion and sedimentation
control facilities.
(3)
Establishment of suitable easements for access to
all facilities.
(4)
Where the grading and storm drainage plan proposes
Township ownership and/or maintenance, a description of the methods,
procedures and the extent to which any facilities shall be turned
over to the Township, including a written approval and agreement from
the Township indicating acceptance of responsibilities as proposed,
shall be incorporated as an integral part of the plan.
(5)
The Township may, at the complete discretion of the
Board of Supervisors, accept or not accept an offer by the applicant
for Township ownership of stormwater facilities. If the Township accepts
ownership and maintenance responsibilities for stormwater facilities,
the applicant shall be required by the Board of Supervisors to fund
a dedicated account to fund the first 25 years of such maintenance.
This funding shall be based upon a reasonable estimate by the Township
staff or the Township Engineer.
(6)
Stormwater facilities shall be designed to require
minimal maintenance and shall have suitable access for maintenance.
(7)
All storm drainage facilities shall be properly maintained
by the party designated as responsible on the final subdivision plan,
unless the Board of Supervisors agrees to accept a change in the party
responsible or the party owning the facility.
(8)
Should a facility not be maintained in proper working
order, the Board of Supervisors may, after due notice to the responsible
party, arrange for the needed maintenance to be accomplished with
all such expenses charged to the responsible party. These expenses
shall be collectible as municipal claims are now collected by law.
(9)
The Township Engineer and code enforcement staff shall
have the right to enter private property to inspect storm drainage
facilities. Reasonable effort should be made to contact the property
owner prior to any such inspection.
(Hereafter in this section referred to as "sewage.")
A.
In general. All subdivisions and land developments
shall be served with an adequate sewage disposal system (either on-lot
or centralized systems) that will meet current DER rules and regulations,
the State Sewage Facilities Act[1] and Township standards.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
B.
Public sewage service. Connection to the public sewage
system shall be required, except where the applicant proves to the
satisfaction of the Board of Supervisors, based upon review by the
Sewer Authority staff, that such connection is not possible or is
cost-prohibitive.
(1)
See also § 190-157 of the Township Zoning Ordinance regarding future connections to the public sewage system.
(2)
Any connection to the public sewage system shall meet
the applicable standards of the Township Sewer Authority.
(3)
Where extension of public sewage service is required,
the developer shall be required to extend the sanitary sewage lines
and all lateral extensions necessary to serve each lot.
(4)
Where public sewage service is required, the developer
shall at a minimum provide an easement(s) suitable for the future
extension of sewage lines to serve adjacent properties, unless the
developer shows that such extensions would not be physically possible.
C.
Nonpublic central sewage service. Nonpublic central
sewage service shall only be permitted where the applicant proves
to the satisfaction of the Board of Supervisors that all three conditions
apply:
D.
Capped sewers.
(1)
Where sanitary sewage service is not yet accessible
but is planned to be extended in the future to the subdivision or
land development, the subdivider or developer shall install both capped
sewers and each use shall also be served by an approved on-lot septic
system.
(a)
If both capped sewers and an on-lot septic system
is provided to a lot, then an alternative septic field location is
not required.
(b)
Such dry sewer lines shall be suitably capped
at the limits of the subdivision, and the laterals shall be capped
at the street right-of-way.
(c)
Such dry capped sewer lines shall be constructed
so that they can be connected into the public sewage system in the
future. All such improvements shall be subject to design approval
and construction inspection by the Township Sewer Authority and shall
meet applicable DER and Sewer Authority rules and regulations.
E.
On-lot sewage service.
(1)
Where the Board of Supervisors deems that it would
be impossible or cost-prohibitive to connect to the public sewage
system, on-lot systems may be used and shall be constructed in accordance
with DER regulations.
(2)
The Township Sewage Enforcement Officer's site and
soils investigation and favorable report are required prior to approval
of the preliminary plan for a subdivision or land development proposed
to use on-lot septic systems.
(3)
Any use with an on-lot septic system and that does
not have capped sewers shall include a suitable land area set aside
in open space for a second septic system that could be used if the
first system failed. The applicant shall provide a written and signed
statement from a state-certified Sewage Enforcement Officer, stating
that the alternate location would meet state requirements as the location
for an on-lot septic system.
A.
In general. All subdivisions and land developments
shall be served with an adequate water supply system (either on-lot
or centralized system) that will meet DER and Township requirements.
B.
Central water service.
(1)
Proposed extensions of central water systems shall
meet all applicable procedures, reviews and requirements of the appropriate
Municipal Authority or public utility and shall be approved by such
agency prior to final plan approval.
(2)
All lots and principal buildings within a subdivision
or land development shall be required to be served by the public water
system or by an existing central water supplier in their respective
franchise/service areas, unless the Board of Supervisors determines
that such connection is not possible or is cost-prohibitive, based
upon the review of such water supplier.
(3)
A new nonpublic water supply system serving two or
more principal uses or lots shall only be permitted where it is not
possible or cost-prohibitive to extend service from an existing central
water system. Any new central water system shall be required to provide
adequate water pressure and provide a system to ensure long-term professional
operations and maintenance, in the determination of the Township.
The Township may require that a subdivision or land development of
12 or more dwelling units or of nonresidential lots with an average
lot area of 30,000 square feet or less include the development of
a central water system.
(4)
Where public water service is required, the developer
shall at a minimum provide an easement(s) suitable for the future
extension of waterlines to serve adjacent properties, unless the developer
shows that such extensions would not be physically possible.
C.
On-lot water supply system.
D.
Fire hydrants. All subdivisions and land developments
that will be served by public water service shall provide fire hydrants
as needed with appropriate water pressure so that all dwelling units
and principal buildings are within 600 feet of an active fire hydrant.
A.
All electric power, telephone, cable television and
natural gas distribution lines within new subdivisions and land developments
shall be placed underground, except where the Board of Supervisors
determines it is not feasible, and in accordance with the current
standards of the utility serving the subdivision or development.
B.
Any natural gas distribution lines shall be placed
beneath the cartway of a street.
C.
In extending lines to new subdivisions and/or land
developments within the Township, each cable operator shall accept
from the developer only those easements which provide nonexclusive
rights to operate a cable system within such subdivision and/or land
development. No such easement shall prevent any other cable operator
authorized to operate within the Township, then or in the future,
from using such easement to extend other and further lines to such
subdivision and/or land development. In each new subdivision and each
new land development, the developer shall, upon notifying public utilities
of the opportunity to serve such subdivision or land development,
also notify all cable operators licensed to operate a cable system
in the Township of the opportunity to install cable facilities to
serve the subdivision or land development. Each owner of a separate
tract of land of record in such subdivision or land development and
all persons within the Township shall have the right to freely choose
any cable operator permitted in the Township to serve such person
with such cable operator's cable system.
[Added 8-15-2005 by Ord. No. 2005-360]
D.
Changes required by public improvements. The cable
operator shall, upon reasonable notice and at its reasonable expense,
temporarily disconnect, relocate or remove from the street or other
public place any of its property when required by the Township by
reason of traffic conditions, public safety, street vacation, street
construction, installation of sewers, drains, water pipes, or any
other type of structure or improvements by public agencies.
[Added 8-15-2005 by Ord. No. 2005-360]
E.
Requests for removal or change. The cable operator
shall, on the request of any person holding a building moving permit,
temporarily raise or lower its wires to permit the moving of said
building. The expense of such temporary removal, raising or lowering
of wires shall be paid by the person requesting the same, and the
cable operator shall have the authority to require such payment in
advance. The cable operator shall be given not less than 15 days'
advance written notice of any move contemplated to arrange for temporary
wire changes.
[Added 8-15-2005 by Ord. No. 2005-360]
A.
Access. A state highway occupancy permit is required
for all entrances of access drives or driveways onto a state road.
B.
Location. Except for streets and driveways that are
aligned to intersect directly across from each other, the minimum
distance between an access drive or driveway to a street intersection
on the same side or opposite side of a street shall be as follows:
|
Distance Between Center Lines of Access
Drive or Driveway and Nearest Intersecting Street By Type of Intersecting
Street
| |||
|---|---|---|---|
|
Type of Subdivision or Land Development
|
Minor Arterial
(feet)
|
Collector
(feet)
|
Local
(feet)
|
|
Single-family detached dwellings or garden apartments
|
150
|
100
|
75
|
|
Residential, other than single-family detached
dwellings or garden apartments
|
150
|
75
|
50
|
|
Nonresidential or mixed
|
300
|
200
|
100
|
C.
Sight lines at intersections of driveways or access drives with streets. See § 190-194 of the Township Zoning Ordinance.
D.
Grades. Grades of access drives or driveways shall
not exceed 14% (except 10% for an access drive) when connecting to
a local or collector street and 7% when connecting onto an arterial
street; however, the initial 20 feet from the edge of the cartway
shall not exceed 5%.
E.
Drainage. The developer shall make adequate provisions
to maintain uninterrupted parallel drainage along a public street
where intersected by an access drive or driveway. Access drives and
aisles within parking lots shall be graded and drained to keep the
primary travel lane free of stormwater.
See Article XVII of the Township Zoning Ordinance.
[Amended 1-29-2002 by Ord. No. 2002-313]
A.
Sidewalks built to Township specifications shall be required in all subdivisions and land developments. See Chapter 160, Streets and Sidewalks, of the Township Code.
(1)
Defer. The Board of Supervisors may, after receiving
the recommendation of the Planning Commission, defer a requirement
for sidewalks on one or both sides of a street if a development would
include an acceptable system of internal pathways or be within in
a clearly industrial area or where all of the lots in a residential
subdivision would be both greater than one acre in lot area and have
greater than 150 feet of street frontage.
B.
Pathway or bikeway.
(1)
If deemed necessary for the convenient and safe circulation
of bicycles and pedestrians, the Board of Supervisors, upon the recommendation
of the Planning Commission, may require that a major subdivision or
land development include the granting of an easement for a pathway
or bikeway.
(2)
A bikeway or pathway may be required to have a width
of up to eight feet and may be required to be illuminated and/or paved
to Township standards.
(3)
A bikeway or pathway may be included within the required
minimum area of an abutting lot.
C.
Location of sidewalks.
(1)
Sidewalks, where required or provided, shall be located
within the street right-of-way, unless otherwise approved by the Board
of Supervisors. A standard street cross-section diagram is available
from the Township Engineer.
(2)
A grass planting strip may be required by the Township
between the curb and sidewalk. Such planting strip shall have sufficient
width for street trees, unless the Township permits the street trees
to be planted in another location. Any strip between the curbing and
the sidewalk shall not be paved except at driveway entrances.
D.
Width. Sidewalks shall be a minimum width of five
feet along minor arterial streets and four feet along all other streets,
except where the Board of Supervisors determines there is a need for
a five-foot-wide sidewalk (such as near a school or park).
E.
Handicapped access. All sidewalks and curbs at the
intersection of two or more public streets shall include a sloped
curb cut suitable for use by wheelchairs.
G.
Driveway aprons. See Township specifications.
A.
The developer shall be required to provide streetlights
when the Board of Supervisors, upon the recommendation of the Planning
Commission, deems them necessary to provide safe traffic or pedestrian
circulation. Streetlights shall be required to be provided at intersections
involving a collector or arterial street, at sharp curves in streets
and at very isolated areas of a development.
B.
Such lights shall meet design standards established
by the Township and the public utility. The Planning Commission may
approve alternative pole designs that still meet electric company
standards.
C.
The Board of Supervisors may require a developer to
establish a homeowner or condominium association to fund the maintenance
of and electricity for streetlights in a development.
A.
The developer shall provide the subdivision or land
development with adequate Township-approved street signs at the intersection
of all streets and with any other signs required or fund such signs
if provided by the Township.
B.
Sign style, color and lettering shall be subject to
the approval of the Board of Supervisors.
C.
Street names are subject to the approval of the Board
of Supervisors and United States Postal Service and shall continue
the name of any street with the same alignment and shall not duplicate
or be closely similar to the name of another street within the Township
or the zip code.
The developer shall be required to provide or
fund traffic regulatory signs that shall meet current design standards
as established by PennDOT.
A.
Street trees and species for paved-area trees.
(1)
Street trees are required to be planted under this
section within all land developments and major subdivisions. Street
trees shall not be required for frontage along a single-family detached
residential lot with a lot area of greater than two acres or a clearly
agricultural lot with a lot area of greater than two acres.
(a)
The Planning Commission or Township Shade Tree
Commission may approve other species of trees than those listed below
if the applicant provides reference information that proves to the
satisfaction of either Commission that the trees would be sturdy,
attractive, resistant to disease and suitable for the proposed site.
Trees with a shorter height at maturity shall be used under utility
lines.
(b)
The following variety of species shall be used
for required trees:
|
Number of Required Trees
|
Minimum Number of Species
|
Maximum Percent of Any 1 Species
|
|---|---|---|
|
1 to 9
|
1
|
100
|
|
10 to 24
|
2
|
50
|
|
25 to 44
|
3
|
40
|
|
45 to 99
|
4
|
30
|
|
100 or more
|
5
|
20
|
(c)
The following species of deciduous trees shall
be used to meet Township requirements, including paved-area landscaping
required by the Township Zoning Ordinance. The species of tree shall
be suitable to the site. Only trees marked with an asterisk (*) are
permitted to be used where the root system will be restricted (such
as street trees).
|
Small and Medium-Sized Trees
| ||
|
*
|
Acer bungeranum - trident maple
| |
|
*
|
Acer campestre - hedge maple
| |
|
*
|
Acer ginnala - Amur maple
| |
|
*
|
Acer tartaricum - Tartarian maple
| |
|
*
|
Amelanchier arborea - shadblows serviceberry
| |
|
*
|
Amelanchier X grandiflora (many cultivars) -
serviceberry
| |
|
*
|
Amelanchier laevis - Alleghany serviceberry
| |
|
*
|
Carpinus betulus - European hornbeam
| |
|
*
|
Carpinus caroliniana - American hornbeam
| |
|
Cercis canadensis - American redbud
| ||
|
Chinonanthus virginicus - white fringe-tree
| ||
|
Cornus florida - flowering dogwood
| ||
|
Cornus kousa - Kousa dogwood
| ||
|
*
|
Cornus mas - Conelian dogwood
| |
|
Cotinus coggygria - smoketree
| ||
|
*
|
Crataegus curg-galli, Inermis - thornless hawthorn
| |
|
Crataegus mongyna - single-seed hawthorn
| ||
|
Crataegus phaenopyrum - Washington hawthorn
| ||
|
Crataegus laevigata, Crimson King or Superba
- English hawthorn
| ||
|
Crataegus lavallei - Lavalle hawthorn
| ||
|
Crataegus toba - Toba hawthorn
| ||
|
Crataegus viridus cultivar Winterking - winterking
hawthorn
| ||
|
Halesia carolina - Carolina silverbell
| ||
|
*
|
Macckia amurensis - Amur maackia
| |
|
Magnolia soulangeana - saucer magnolia
| ||
|
Magnolia virginiana - sweetbay magnolia
| ||
|
Magnolia stellata - star magnolia
| ||
|
*
|
Malus floribunda - Japanese flowering crabapple
| |
|
*
|
Malus cultivars that are disease resistant,
Adams, Baskatong, Bob White, Evelyn, Liset, Madonna, Ormiston Roy,
Professor Spengei, Red Jewel, Sentinel, Sugar Tyme, Strawberry Parfait,
Donald Wyman and Centurion - crabapple
| |
|
*
|
Malus sieboldii X Zumi calocarpa - Zumi crabapple
| |
|
*
|
Ostrya virginiana - hophornbeam
| |
|
Oxydendrun arboreum - sourwood
| ||
|
*
|
Prunus accodlade - flowering cherry
| |
|
*
|
Prunus sargentii - Sargent cherry
| |
|
*
|
Prunus serrulata varieties - Japanese flowering
cherry
| |
|
Prunus virginiana varieties - chokecherry
| ||
|
*
|
Prunus yedoensis - Yoshino cherry
| |
|
*
|
Sorbus alnifolia - mountain-ash
| |
|
Sorbus aucuparia - European mountain-ash
| ||
|
*
|
Sorbus amurensis - Amur mountain-ash
| |
|
Styrax japonica - Japanese snowbell tree
| ||
|
*
|
Syringa reticulata - Japanese lilac tree
| |
|
Large-Sized Trees
| ||
|
Acer nigrum - black maple
| ||
|
Acer platanoides - Norway maple
| ||
|
Acer pseudo-platanus - sycamore maple
| ||
|
*
|
Acer rubrum - American red maple
| |
|
Acer saccharum - sugar maple
| ||
|
Aesculus carnea cultivar Briotti -
| ||
|
horsechestnut
| ||
|
Aesculus hippocastanum - common horsechestnut
| ||
|
Betula nigra - river birch
| ||
|
Betula platyphylla - white birch
| ||
|
*
|
Celtis jessoensis - Jesso hackberry
| |
|
*
|
Celtis laevigata - hackberry
| |
|
*
|
Celtis occidentalis - common hackberry
| |
|
Cercidiphyllum japonicum - Katsura tree
| ||
|
Cladrastis lutea - yellowwood
| ||
|
*
|
Corylus colurna - Turkish filbert
| |
|
*
|
Eucommia ulmoides - hardy rubber tree
| |
|
Fagus grandiflora - American beech
| ||
|
Fagus sylvatica - European beech
| ||
|
*
|
Fraxinus americana - white ash
| |
|
*
|
Fraxinus pennsylvania (seedless variety) - green
ash
| |
|
*
|
Ginko biloba - maiden hair tree (male only)
| |
|
Gymnocladus dioicus - Kentucky coffee-tree (male
only)
| ||
|
*
|
Koelreuteria paniculata - golden rain tree
| |
|
*
|
Liquidambar styraciflua - sweetgum
| |
|
*
|
Cornus mas - Conelian dogwood
| |
|
Cotinus coggygria - smoketree
| ||
|
*
|
Crataegus curg-galli, Inermis - thornless hawthorn
| |
|
Crataegus mongyna - single-seed hawthorn
| ||
|
Crataegus phaenopyrum - Washington hawthorn
| ||
|
Crataegus laevigata, Crimson King or Superba
- English hawthorn
| ||
|
Crataegus lavallei - Lavalle hawthorn
| ||
|
Crataegus toba - Toba hawthorn
| ||
|
Crataegus viridus cultivar Winterking - winterking
hawthorn
| ||
|
Halesia carolina - Carolina silverbell
| ||
|
*
|
Macckia amurensis - Amur maackia
| |
|
Magnolia soulangeana - saucer magnolia
| ||
|
Magnolia virginiana - sweetbay magnolia
| ||
|
Magnolia stellata - star magnolia
| ||
|
*
|
Malus floribunda - Japanese flowering crabapple
| |
|
*
|
Malus cultivars that are disease resistant,
Adams, Baskatong, Bob White, Evelyn, Liset, Madonna, Ormiston Roy,
Professor Spengei, Red Jewel, Sentinel, Sugar Tyme, Strawberry Parfait,
Donald Wyman and Centurion - crabapple
| |
|
*
|
Malus sieboldii X Zumi calocarpa - Zumi Crabapple
| |
|
*
|
Ostrya virginiana - hophornbeam
| |
|
Oxydendrun arboreum - sourwood
| ||
|
*
|
Prunus accodlade - flowering cherry
| |
|
*
|
Prunus sargentii - Sargent cherry
| |
|
*
|
Prunus serrulata varieties - Japanese flowering
cherry
| |
|
Prunus virginiana varieties - chokecherry
| ||
|
*
|
Prunus yedoensis - Yoshino cherry
| |
|
*
|
Sorbus alnifolia - mountain-ash
| |
|
Sorbus aucuparia - European mountain-ash
| ||
|
*
|
Sorbus amurensis - Amur mountain-ash
| |
|
Styrax japonica - Japanese snowbell tree
| ||
|
*
|
Syringa reticulata - Japanese lilac tree
| |
|
Large-Sized Trees
| ||
|
Acer nigrum - black maple
| ||
|
Acer platanoides - Norway maple
| ||
|
Acer pseudoplatanus - Sycamore maple
| ||
|
*
|
Acer rubrum - American red maple
| |
|
Acer saccharum - Sugar maple
| ||
|
Aesculus carnea cultivar Briotti -
| ||
|
horsechestnut
| ||
|
Aesculus hippocastanum - common horsechestnut
| ||
|
Betula nigra - river birch
| ||
|
Betula platyphylla - white birch
| ||
|
*
|
Celtis jessoensis - Jesso hackberry
| |
|
*
|
Celtis laevigata - hackberry
| |
|
*
|
Celtis occidentalis - common hackberry
| |
|
Cercidiphyllum japonicum - Katsura tree
| ||
|
Cladrastis lutea - yellowwood
| ||
|
*
|
Corylus colurna - Turkish filbert
| |
|
*
|
Eucommia ulmoides - hardy rubber tree
| |
|
Fagus grandiflora - American beech
| ||
|
Fagus sylvatica - European beech
| ||
|
*
|
Fraxinus americana - white ash
| |
|
*
|
Fraxinus pennsylvania (seedless variety) - green
ash
| |
|
*
|
Ginko biloba - maiden hair tree (male only)
| |
|
Gymnocladus dioicus - Kentucky coffeetree (male
only)
| ||
|
*
|
Koelreuteria paniculata - golden rain tree
| |
|
*
|
Liquidambar styraciflue - sweetgum
| |
|
*
|
Liriodendron tulipifera - tulip poplar
| |
|
*
|
Metasequoia glyptostroboides - dawn redwood
| |
|
*
|
Nyssa sylvatica - black gum
| |
|
*
|
Phellodendron amurense - Amur corktree
| |
|
Platanus X acerifolia cultivar Bloodgood - Bloodgood
London plane-tree
| ||
|
*
|
Prunus sargentii - Sargent cherry
| |
|
*
|
Pyrus calleryanna (not Bradford) - Callery pear
selections
| |
|
*
|
Quercus acutissima - sawtooth oak
| |
|
*
|
Quercus alba - white oak
| |
|
*
|
Quercus bicolor - swamp white oak
| |
|
*
|
Quercus cerris - Turkey oak
| |
|
*
|
Quercus coccinea - scarlet oak
| |
|
*
|
Quercus imbricaria - Shingle Oak
| |
|
*
|
Quercus macrocarpa - bur oak
| |
|
*
|
Quercus montana - chestnut oak
| |
|
*
|
Quercus palustris - pin oak
| |
|
*
|
Quercus phellos - willow oak
| |
|
*
|
Quercus robur - English oak
| |
|
*
|
Quercus rubra (borealis) - red oak
| |
|
*
|
Quercus shumardii - Shumard oak
| |
|
*
|
Quercus velutina - black oak
| |
|
*
|
Sophora japonica - Japanese pagoda tree
| |
|
*
|
Taxodium distichum - bald cypress
| |
|
Tilia americana - American linden
| ||
|
*
|
Tilia cordata - little leaf linden
| |
|
*
|
Tilia X euchlora (ungrafted only) - Crimean
linden
| |
|
*
|
Tilia petiolaris - pendant silver linden
| |
|
*
|
Tilia tomentosa - silver linden
| |
|
*
|
Ulmus parvifolia - Chinese lacebark elm
| |
|
*
|
Zelkova serrata - Japanese zelkova
|
(d)
Evergreens. The Township may permit the following
types of evergreen trees to be substituted for deciduous street trees
if needed to buffer a residential area from a high-traffic road and
if such trees are located to avoid sight distance hazards:
|
Cedrus altlantica - atlas cedar
| |
|
Chamaecyparis obtusa - Hinoki cedar
| |
|
Chamaecyparis pisifera - Hinoki false cypress
| |
|
Chamaecyparis thyoides - Atlantic white cedar
| |
|
Cupressocyparis leylandii - Leyland cypress
| |
|
Ilex opaca - American holly
| |
|
Picea abies - Norway spruce
| |
|
Picea omorika - Serbian spruce
| |
|
Picea orientalis - Oriental spruce
| |
|
Picea pungens - Colorado spruce
| |
|
Pinus bungeana - lace bark pine
| |
|
Pinus densiflora - Japanese red pine
| |
|
Pinus nigra - Austrian pine
| |
|
Pinus strobus - eastern white pine
| |
|
Pseudotsuga menziesii - Douglas fir
| |
|
Pseudotsuga taxifolia - Douglas fir
| |
|
Sciadopitys verticillat - Japanese umbrella
pine
| |
|
Taxus species - yew varieties
| |
|
Thuja occidentalis culitivars Nigra, Emerald
or Techy - dark-green arbor vitae
| |
|
Tsuga canadensis - Canada hemlock
| |
|
Tsuga caroliniana - Carolina hemlock
|
(e)
Prohibited trees. The following trees shall
not be planted within the street right-of-way and shall not be used
to meet any Township requirement. Such trees may be planted by a property
owner on private property if such tree is in addition to Township
requirements.
|
Acer negundo - box elder
| |
|
Acer saccharinum - silver maple
| |
|
Ailanthus altissima - tree-of-heaven
| |
|
Catalpa speciosa - catalpa
| |
|
Elaeagnus species - Russian olive
| |
|
Ginkgo - female only
| |
|
Maclura pomifera - Osage-orange
| |
|
Morus species - mulberry
| |
|
Populus species - poplar
| |
|
Salix species - willow
| |
|
Ulmus americana - American elm
| |
|
Ulmus pumila - Siberian elm
|
(3)
Minimum size. The trunk diameter (measured at a height
of six inches above the finished grade level) shall be a minimum of
two inches.
(4)
Planting and maintenance.
(a)
Trees shall be planted and staked in conformance
with good landscaping practices.
(b)
Trees adjacent to or within parking areas shall
be properly protected from damage by vehicles by raised curbs or similar
devices or sufficient setback.
(c)
Required trees shall be properly maintained
and shall not be removed by the developer without being replaced by
another tree that meets the requirements of this section.
(5)
Required number of street trees.
(a)
Within and abutting all land developments and
major subdivisions, along any street or any access drive serving more
than one commercial, industrial or institutional principal use, an
average of one deciduous street tree shall be required for every 50
feet of distance along the street right-of-way line on each affected
side of the street.
(b)
In a residential subdivision or land development,
if dwellings do not front onto the street right-of-way, evergreen
trees meeting the requirements of this section may be substituted
for deciduous trees.
(6)
Spacing. The trees required under this section shall
be generally spaced throughout the development but may be clustered
at locations acceptable to the Shade Tree Commission. If trees are
to be planted on both sides of a street, the trees should be planted
so that the trees alternate and are not lined up exactly with the
tree on the other side of the street.
(7)
Location of street trees. The proposed location of
street trees shall be shown on plans and shall be subject to approval
of the Board of Supervisors. The street trees shall be located within
the street right-of-way.*
(a)
If a street is curbed, the trunk of street trees
required under this section shall be set back a minimum of two feet
from the curbline.* The tree should be within a vegetated open unpaved
area with a minimum width of four feet.
(b)
If a street is not curbed, then the trunk of
the street tree shall be planted at least five feet from the edge
of the cartway and the shoulder of a street.*
(c)
Where trees are to be planted between the curb
and the sidewalk, special consideration shall be given to the species
of trees that are planted.
|
*NOTE: Unless the Board of Supervisors approves
or requires another location (such as outside of the right-of-way)
or another location is needed to ensure adequate sight distance.
|
(8)
Other requirements. The street trees required under
this section shall be in addition to any trees required under other
Township regulations, including the parking lot landscaping requirements
of the Zoning Ordinance.
(9)
Credit for existing trees. If existing healthy street
trees are to be preserved that would, in the determination of the
Shade Tree Commission, generally meet the intent and requirements
of this section, they may serve as a credit towards the number of
street trees required to be planted.
B.
Ground cover. Exposed ground surface in all parts
of the subdivision shall be paved or covered with stone screenings
or other solid material or protected with a vegetative growth that
is capable of preventing soil erosion and the emanation of dust during
dry weather.
C.
Buffer yards. See the requirements for buffer yards in § 190-194 of the Township Zoning Ordinance.
D.
Preservation of existing trees.
(1)
Applicability.
(a)
If tree cutting and related development activity are not regulated by the tree preservation requirements of the Township Subdivision and Land Development Ordinance ("SALDO") of 1994, as amended, then see the tree preservation requirements of § 190-164 of the Zoning Ordinance. (The tree provision provisions in this SALDO and the Zoning Ordinance are identical, as of 1994.)
(b)
If these SALDO provisions apply, then waivers
or modifications may be granted by the Board of Supervisors for just
cause without having to meet requirements for a zoning variance.
(2)
The provisions of this Subsection D shall not apply to the following activities:
(a)
Bona fide tree nurseries for replanting, bona
fide Christmas tree farms or commercial orchards.
(b)
Forestry, commercial, which is regulated as a distinct land use. (See § 190-210 of the Zoning Ordinance.)
(c)
Cutting of trees on a lot of less than two acres
that has a primarily residential use, after a certificate of occupancy
has been granted.
(d)
Cutting of trees of less than six inches diameter.
[NOTE: Except trees that were required to be planted by any Township
ordinance, such as § 165-164E(10) below, shall not be cut
down unless replaced by a closely similar tree.]
(3)
Purposes. The purpose is to protect wildlife and bird
habitats, encourage groundwater recharge, avoid thermal pollution,
decrease air pollution, maintain the attractive character of areas,
maintain and increase property values, protect water quality and conserve
energy and, through these purposes, to serve the public health, safety
and general welfare.
(4)
Measurement. For the purposes of this section, the
"width of trees" shall be the diameter of the trunk at a height of
4.5 feet above the average surrounding original ground level.
(5)
Tree removal. The burden of proof shall be upon the applicant to show that tree cutting or removal will be held to a reasonable minimum. Except as exempted within Subsection D(1), Applicability, above, trees with a trunk diameter of six inches or greater may only be cut down, killed or effectively destroyed if such trees meet one or more of the following standards:
(a)
In addition to other provisions of this section,
a maximum of five trees with a trunk diameter of six inches or more
on a lot may be cut down in a one-year period.
(b)
The thinning of woods is specifically permitted,
provided that selective cutting is used instead of clear-cutting,
and provided that a maximum of 15% of trees six inches or more in
diameter in a lot are cut down, and provided that the tree cutting
is clearly intended to promote the healthy development of the remaining
trees.
(c)
Trees may be cut down if the applicant proves
that it is necessary to allow reasonable development of the lot as
part of an approved development plan or building permit (after considering
reasonable alternatives, such as adjusting the location of a building,
street or driveway). For example, trees may be cut down where necessary
in the following situations:
[1]
The trees would be located within 10 feet of
an existing or proposed uncurbed vehicle cartway or stormwater detention
basin or paved area or streetlight or fire hydrant.
[2]
The trees would be located within three feet
of an existing or proposed vehicular cartway, parking area, vehicle
shoulder, utility corridor, sidewalk or driveway.
[3]
The trees would be located within 25 feet of
a proposed on-site sewage system or the structural walls of the new
or expanded structure.
[4]
The trees would be located within the area of
proposed use that needs to be kept open, such as the fairway of a
golf course.
[5]
The locations of the trees would be affected
by unavoidable significant grade changes.
[6]
The trees would be an unresolvable hazard to
a public utility.
(d)
Trees may be cut down if they are clearly a
hazard to the public safety, such as being a sight distance hazard,
an obstruction to a traffic signal or stop sign or a danger to existing
buildings.
(e)
Trees may be cut down if they are dead, mostly
dead or clearly not healthy, such as trees that are diseased, unresolvably
pest-infected or clearly near the extreme end of their life span.
(f)
Trees may be cut down if the majority of their
root system would need to be destroyed or the root system would need
to be covered by paving or significant grade changes.
(6)
Protection of trees during construction.
(a)
Reasonable efforts shall be taken during any
construction to ensure that trees protected by this section are not
intentionally or accidentally injured or effectively destroyed, including
root compaction by equipment and materials, mechanical damage or change
in grade level.
(c)
A tree protection area shall be designated on
development plans. This area to be protected shall include the outer
limits of land areas (the dripline) under the branches of trees.
(d)
Fencing. The tree protection area shall be separated
from all construction, storage and vehicle areas by a substantial
temporary fence with a minimum four-foot height. Such fence may include
snow fencing or wood planks or strong wires or ropes attached to metal
posts or a similar secure method. The fence shall be kept in good
repair. Such fence shall be removed only after completion of the work.
Trees that are to be removed may also be used as a temporary buffer
to protect trees to be preserved.
(e)
The following shall not occur within the defined
tree protection area:
[1]
Paving (other than sidewalks*). (*NOTE: Where
practical, sidewalks should but are not required to curve around and/or
be placed as far from the trunk as possible or be placed outside of
the dripline of a tree. )
[2]
Storage of building materials, equipment, debris
or fill.
[3]
Movement of motorized vehicles or equipment.
[4]
Grade changes or unnecessary compaction of soil.
(f)
If vehicles will need to cross through areas
of trees, a defined, fenced path shall be established. The tree protection
area should be noted with prominent signs, such as "Tree Protection
Area - Please Keep Out." Such fences and signs shall be removed upon
completion of the work.
(g)
Root and limb protection. The cutting of root
systems of trees to be protected shall be minimized. When activity
must occur under the dripline of a tree to be protected, tunneling
is recommended instead of trenching. Limbs should be trimmed or tied
back if likely to be damaged during construction.
(h)
A concrete washout area shall not be located
in close proximity to the tree protection area.
(i)
Layout. Buildings and other features of a development
shall be laid out to maximize the preservation of healthy mature trees.
For example, building and paving areas should be designed so that
trees are located within islands of sufficient size.
(j)
Replacement of trees.
[1]
If tree(s) that were required by the Township
to be protected and preserved are killed, removed or otherwise destroyed,
then the Township shall require the applicant or developer to replace
such tree(s) with approved species of trees with a minimum trunk diameter
of four inches measured at one foot above the average grade level.
[2]
This replacement provision shall not limit the
Township's ability to also seek fines or other enforcement actions
and remedies under this ordinance or the Zoning Ordinance.
(7)
If the Township Shade Tree Commission should ever
become inactive, then any responsibilities stated for such Commission
in the Zoning Ordinance or Subdivision and Land Development Ordinance
shall be assumed by the Planning Commission.
E.
Natural and historic feature preservation. Substantial
and sensitive natural features and historic structures and important
archaeological sites worthy of protection, as determined by the Board
of Supervisors upon the advice of the Planning Commission, shall be
respected, incorporated into and protected in any subdivision or land
development. These features include but are not limited to natural
drainage channels, waterways and falls, large trees or groves, highly
scenic views and important community landmarks.
A.
Monuments.
(1)
Location. Permanent reference monuments shall be located
at each intersection of street center lines of street(s) constructed
by the developer, at the beginning and ending of all street curves
and at exterior corners of the subdivision. With the approval of the
Township Engineer, the subdivider may install monuments on only one
side of the street, provided that enough monuments are set to permit
a surveyor to stake out accurately any building lot shown on the record
plan.
(2)
Type. Reference monuments shall be constructed of
steel-reinforced portland cement concrete or other material approved
by the Township Engineer.
(3)
Placement. Reference monuments shall be placed so
that the top of the monument is as shown in the accompanying sketch.
B.
Lot pins. All lot corner markers shall be permanently
located and shall be at least a three-fourths-inch metal pin or pipe
with a minimum length of 20 inches, located in the ground to existing
grade.
A.
Curbs shall be provided along both sides of all public
streets and all private streets.
B.
Waiver. Curbs may be waived by the Board of Supervisors
along single-family detached residential lots that have
a lot area of greater than two acres or clearly agricultural lots
that have a lot area of greater than two acres.
C.
If curbs are waived, appropriate stabilized drainage
channels designed to handle a twenty-five-year storm shall be required
along all streets, within the street right-of-way or drainage easements.
D.
Rolled curbs are not permitted.
E.
All required curbs shall meet Township specifications.
A.
Any land development or subdivision that will involve the disturbance of more than 5,000 square feet of earth, or as otherwise provided under state regulations, shall be required to submit to the County Conservation District and the Plans Administrator an erosion and sedimentation control plan that shows how the project will comply with applicable DER erosion and sedimentation control regulations. (See Title 25, Chapter 102, as amended.) These DER regulations are hereby made a part of this ordinance by reference. Any violation of such regulations or any violation of an approved erosion and sedimentation control plan shall also be a violation of this ordinance.
B.
Compliance with the submitted erosion and sedimentation
control plan (and any revisions officially filed with the Township)
shall automatically be a condition of any final plan approval and
any building permit.
C.
The County Erosion and Sediment Control Handbook,
or its successor publications, shall be used as a resource in soil
protection planning and in the review of such plans.
D.
The landowner, developer and builder shall all be
responsible for carrying out the requirements of the erosion and sedimentation
control plan during earthmoving activities.
E.
All areas of the subdivision shall be stabilized by
seeding or planting. Slopes steeper than 15% shall be further protected
by mulching, which shall be adequately tied down.
