Township of Uwchlan, PA Article V Design Standards

§ 501 Application and general standards.

501.1 The standards and requirements contained in Article V are intended as the minimum for the promotion of the public health, safety, and general welfare and shall be applied as such by the Township Planning Commission and Board of Supervisors body in reviewing all subdivision and land development plans.

501.2 Whenever other Township ordinances and/or regulations impose more-restrictive standards and requirements than those contained herein, such other ordinances and/or regulations shall be observed; otherwise, the standards and requirements of this ordinance shall apply.

501.3 The standards and requirements of this ordinance may be modified by the Board of Supervisors, upon submission to the Township Planning Commission for review and recommendation, where such modifications achieve substantially the objectives of this ordinance and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the subdivision and land development plan.

501.4 Land subject to hazards to life, health, or property such as may arise from fire, floods, disease, or other causes shall not be subdivided for building purposes unless such hazards have been eliminated or unless the subdivision plan shall show adequate safeguards against them which shall be approved by the appropriate regulatory agencies.

501.5 Subdivision and land development plans shall give due recognition to the official plans of Uwchlan Township and of the county or to such parts thereof as may have been adopted pursuant to statute.

501.6 Land proposed for subdivision shall not be developed or changed by grading, excavating, or by the removal or destruction of the natural topsoil, trees, or other vegetative cover unless adequate provisions for minimizing erosion and sediment are provided under Title 25, Chapter 102, Rules and Regulations, Pennsylvania Department of Environmental Protection, and § 510 of this ordinance.

§ 502 Streets.

502.1 General standards.

a. The location and width of all streets shall conform to the Official Map or to such parts thereof as may have been adopted by the Township Board of Supervisors.

b. The proposed street system shall extend existing or proposed streets on the Official Map at the same width or larger but in no case at less than the required minimum width in § 502.3.

c. Where, in the opinion of the Township Planning Commission, it is desirable to provide for street access to adjoining property, street stubs and utilities shall be extended, by dedication, to the boundary of such property.

d. New minor streets shall be so designed as to discourage through traffic, but the subdivider shall provide for the extension and continuation of major and collector streets into and from adjoining properties.

e. Where a subdivision abuts or contains an existing street of improper width or alignment, the Township Planning Commission shall require the dedication of land sufficient to widen the street or correct the alignment.

f. Private streets (streets not to be offered for dedication) are prohibited unless they meet the construction standards in this ordinance.

502.2 Partial and half streets. New half or partial streets shall be prohibited except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be obtained. The subdivider shall provide the entire required cartway width within his property.

502.3 Street widths. Minimum street right-of-way and pavement widths shall be as shown on the official plans or, if not shown on such plans, shall be as follows:

	Street Type		Required Width (feet)
	Minor street
		Right-of-way	50
		Cartway	28
	Collector street
		Right-of-way	60(a)
		Cartway	38(a)
	Major street (Routes 100 and 113)
		Right-of-way	120
		Cartway	See note(b)
	Permanent cul-de-sac street
		Right-of-way	50
		Cartway	24(c)
	Service street (alley)
		Right-of-way	25
		Cartway	20
	Private street
		Right-of-way	See note(d)
		Cartway	24(e)

	NOTES:
	(a)	No on-street parking permitted.
	(b)	As specified in the official plans or as determined after consulting with the Township, the County Planning Commission and the Pennsylvania Department of Transportation.
	(c)	See § 502.10 for those culs-de-sac longer than 750 feet when permitted by the Board of Supervisors.
	(d)	Variable, depending on approvals.
	(e)	Face of curb to face of curb.
	Additional right-of-way and pavement widths may be required by the Township Planning Commission or Board of Supervisors for the purpose of promoting the public safety and convenience or to provide parking in commercial and industrial areas and in areas of high-density residential development.

502.4 Restriction of access.

a. Whenever a subdivision abuts or contains an existing or proposed street with an ultimate right-of-way of 50 feet or more or contains or abuts an existing or proposed collector street, the Township Planning Commission or the Board of Supervisors may require restriction of access to said street by:

(1) Provision of reverse-frontage lots.

(2) Provision of service streets along the rear of the abutting lots, together with prohibition of private driveways intersecting the major streets.

(3) Provision of marginal access streets, provided that the reserve strips establishing such marginal access streets shall be definitely placed within the jurisdiction of the Township under an agreement meeting the approval of the Township.

b. Except as specified under § 502.4.a(3) above, reserve strips shall be prohibited.

502.5 Street grades.

a. There shall be a minimum center-line grade of 1%.

b. Center-line grades shall not exceed the following:

(1) Minor street: 7%.

(2) Collector street: 7%.

(3) Major street: 5%.

(4) Street intersection: 5%.

c. Grades up to 10% may be permitted on a through minor street where access to the street is possible over streets with grades of 7% or less.

502.6 Horizontal curves.

a. Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.

b. To ensure adequate sight distance, minimum center-line radii for horizontal curves shall be as follows:

(1) Minor streets: 250 feet.

(2) Collector streets: 350 feet.

(3) Major streets: 500 feet.

c. A tangent of at least 100 feet shall be introduced between all horizontal curves on collector and major streets.

d. To the greatest extent possible, combinations of the minimum radius and maximum grade shall be avoided.

502.7 Vertical curves. At all changes of street grades where the algebraic difference exceeds 1%, the following stopping sight distance for crest and headlight stopping sight distances for sag vertical curves shall be provided:

a. Minor streets: 200 feet.

b. Collector streets: 300 feet.

c. Major streets: 400 feet.

502.8 Intersections.

a. Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 60° or more than 120°.

b. No more than two streets shall intersect at the same point.

c. Streets intersecting another street shall either intersect directly opposite to each other or shall be separated by at least 150 feet between center lines, measured along the center line of the street being intersected.

d. Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed 5% within 50 feet of the intersection of the nearest right-of-way lines.

e. Intersections with major streets shall be located not less than 1,000 feet apart, measured from center line to center line along the center line of the major street.

f. Street curb intersections shall be rounded by a tangent arc with a minimum radius of:

(1) Thirty feet for intersections involving only minor streets.

(2) Forty feet for all intersections involving a collector street.

(3) Fifty feet for all intersections involving only major streets.

(4) Ten feet for all intersections involving only service streets.

g. Street right-of-way lines shall be parallel to (concentric with) curb arcs at intersections.

502.9 Sight distance at intersections.

a. Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing objects other than utility poles, streetlights, street signs, or traffic signs shall be permitted which obscure vision above the height of 30 inches and below 10 feet, measured from the center-line grade of intersecting streets. Such triangles shall be established from a distance of:

(1) For minor streets, 150 feet from the point of intersection of the center lines, except that:

(2) Clear sight triangles of 250 feet shall be provided for all intersections with collector or major streets.

(3) Clear sight triangles for intersection with major streets shall be in accordance with minimum standards of PennDOT.

b. Wherever a portion of the line of such triangles occurs behind (i.e., from the street) the building reserve (setback) line, such portion shall be shown on the final plan of the subdivision and shall be considered a building setback (reserve) line.

502.10 Cul-de-sac streets.

a. Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.

b. Any temporarily dead-ended street shall be provided with a temporary all-weather turnaround within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.

c. Cul-de-sac streets, permanently designed as such, shall not exceed 750 feet in length for lots containing one acre or more and shall not be more than 500 feet in length for lots containing less than one acre. In any case, the minimum length of a cul-de-sac street shall be 250 feet. Both of these measurements shall be taken from the back curbline of the bulb of the cul-de-sac to the nearest curbline of the abutting street. No cul-de-sac street shall have access from another cul-de-sac street.

d. Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.

e. All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround. The minimum radius of the pavement edge or curbline shall be 40 feet, and the minimum radius of the right-of-way line shall be 50 feet.

f. Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, it shall be conducted away in an underground storm sewer.

g. The center-line grade on a cul-de-sac street shall not exceed 7%, and the grade of the diameter of the turnaround shall not exceed 5%.

h. On a cul-de-sac street, no part of a fifth lot and no more than four lots may have any frontage or driveway on the circumference of the turnaround or its reverse radius. Driveways that front on a cul-de-sac shall be located on the preliminary plan. Driveways shall be placed so as to facilitate snow removal.

i. No parking shall be permitted in the turnaround.

j. All non-through streets shall be provided with an authorized sign stating that no outlet exists.

k. For any cul-de-sac that serves 10 lots or fewer, the Board of Supervisors may approve a pavement width of not less than 24 feet with a minimum twenty-four-foot-wide street subbase and base course. It must be shown that the cul-de-sac will never be extended.

l. If a cul-de-sac is to be extended in the future, a Type II barricade or other approved structure must be erected at the end of the cul-de-sac.

502.11 Street names.

a. Proposed streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets.

b. In no case shall the name of a proposed street be the same as or similar to an existing street name in the Township and in the same postal district, irrespective of the use of the suffixes for street, road, avenue, boulevard, driveway, place, court, lane, etc.

c. All street names and numbers shall be subject to the approval of the Township.

502.12 Service streets (alleys).

a. Service streets may be permitted, provided that the subdivider produces evidence satisfactory to the Township Planning Commission or Board of Supervisors of the need for such service streets.

b. No part of any dwelling, garage or other structure shall be located within five feet of the right-of-way of a service street.

c. Dead-end service streets shall be avoided; but where this proves impossible, dead-end service streets shall terminate with a paved circular turnaround with a minimum radius to the outer pavement edge (curbline) of 50 feet.

d. Service street intersections and sharp changes in alignment shall be avoided, but where necessary corners shall be rounded as required in § 502.8.f and deflections in alignment in excess of 5° shall be made by horizontal curves.

502.13 Driveways.

a. Private driveways on corner lots shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines.

b. In order to provide a safe and convenient means of access, grades on private driveways shall not exceed 14%. Entrances should be rounded at a minimum radius of five feet or should have a flare construction that is equivalent to this radius at the point of intersection with the cartway edge (curbline).

c. All private driveways shall be paved with a minimum of two inches of bituminous material or the equivalent and have a base consisting of a minimum of six inches of stone. The driveway entrance from the street shall be installed as to permit the uninterrupted flow of stormwater within the road shoulder area through either a pipe or a swale situation.

d. The 14% maximum driveway slope shall be delineated to include the following criteria:

(1) A minimum driveway slope of 1% is required.

(2) The area of the driveway within the street right-of-way shall not exceed 5% in grade.

(3) The leveling area at the garage or parking area shall not exceed 4%.

(4) No portion of the driveway shall exceed 14%.

(5) No building permit for a structure involving a driveway shall be issued until an engineered profile is submitted for review and approval. In the case of a lot where it seems evident that there is no slope problem through satisfactory Township inspection of grade stakes showing finished road grade and first-floor elevation staked by an engineer or land surveyor, there is no need to submit such a profile.

(6) Where it is physically impossible or impractical to meet the 14% maximum grade, a waiver may be considered up to a maximum of 20% as long as the applicant can supply a minimum of two off-street parking spaces that do not interfere with pedestrian traffic, are located outside of the Township right-of-way, are on a slope not to exceed 5%, and are accessible by a portion of the driveway that does not exceed 7% in slope from the street.

e. Sight distance. See Appendix A.[1]

[1] Editor's Note: Appendix A is attached to this chapter.

§ 503 Blocks.

503.1 Layout. The length, width and shape of blocks shall be determined with due regard to:

a. Provision of adequate sites for buildings of the type proposed.

b. Zoning requirements.

c. Topography.

d. Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with major streets.

503.2 Length.

a. Blocks shall have a maximum length of 1,600 feet and a minimum length of 500 feet; provided, however, that the Township Planning Commission or Board of Supervisors may increase the maximum and/or decrease the minimum lengths of blocks if, in the opinion of either body, topography of the land in question and/or surface water drainage conditions warrant such a change.

b. In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.

c. Where practicable, blocks along major and collector streets shall not be less than 1,000 feet long.

503.3 Crosswalks and sidewalks.

a. Crosswalks shall be required wherever necessary to facilitate pedestrian circulation and to give access to community facilities.

b. Sidewalks shall be provided on both sides of all existing and proposed streets, within parking areas, and, where necessary for safety and convenience, to establish pedestrian connections to parking areas and green spaces or through blocks.

c. Maintenance of sidewalks and curbs, whether located within the public street right-of-way or not, is the responsibility of the owner of the property directly adjacent to the sidewalk. Sidewalks which are damaged or deteriorating and present a hazard to public safety shall be repaired at the owner's expense. A note shall be added to the record plan indicating the sidewalk maintenance responsibilities.

d. At the discretion of the Township, a system of bicycle, equestrian, and/or pedestrian trails for public use generally may be established and secured by dedication or easement. These trails may be required in any subdivision or land development.

e. Sidewalks shall be constructed in accordance with the standards of § 602.3 of this ordinance.

503.4 Depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where prevented by the size, topographical conditions or other inherent conditions of the property, in which case the Township Planning Commission or Board of Supervisors may approve a single tier of lots.

503.5 Commercial and industrial blocks. Blocks in commercial and industrial areas may vary from the elements of design detailed above as required by the nature of the use. In all cases, however, adequate provision shall be made for off-street parking and loading areas as well as for traffic circulation and parking for employees and customers.

§ 504 Lots and parcels.

504.1 General standards.

a. Insofar as practical, side lot lines should be at right angles to straight street lines or radial to curved street lines.

b. Where feasible, lot lines should follow Township boundaries rather than cross them in order to avoid jurisdictional problems.

c. Generally, the depth of residential lots should be not less than one nor more than 2 1/2 times their width.

d. Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, landscaping, etc.

e. If, after subdividing, there exist remnants of land, they shall be either:

(1) Incorporated in existing or proposed lots; or

(2) Legally dedicated to public use, if acceptable to the Township.

504.2 Lot frontage.

a. All lots shall front on a public street, existing or proposed, or on a private street if it meets the requirements of this ordinance.

b. Double- or reverse-frontage lots shall be avoided except where required to provide separation of residential development from major streets or to overcome specific disadvantages of topography or orientation.

c. All residential reverse-frontage lots shall have a rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed dwelling unit to the ultimate right-of-way, and shall have within such rear yard and immediately adjacent to the right-of-way a planting screen easement of at least 10 feet in width, across which there shall be no right of access.

504.3 Lot size. Lot dimensions and areas shall not be less than specified by the provisions of the Uwchlan Township Zoning Ordinance and shall further conform to Title 25, Chapter 17, Rules and Regulations of the Pennsylvania Department of Environmental Protection, and § 506 of this ordinance.

§ 505 Sanitary sewage disposal.

505.1 Each property shall be connected to a public sewer system, if accessible. Where the public sewer is not yet accessible but is planned for extension to the subdivision, the subdivider shall install sewer lines, including lateral connections, as may be necessary to provide adequate service to each lot when connection with the sewer system is made. The sewer lines shall be suitably capped at the limits of the subdivision, and the laterals shall be capped at the street right-of-way line. When capped sewers are provided, on-site disposal facilities shall also be provided. Design of capped sewer system shall be subject to approval by the Uwchlan Township Municipal Authority (UTMA).

505.2 Sanitary sewers shall be designed and constructed in strict accordance with Pennsylvania Department of Environmental Protection standards and UTMA specifications. A copy of the approval of such system shall be submitted with the final plan.

505.3 Sanitary sewers shall not be used to carry stormwater.

505.4 All lots which cannot be connected to a public or community sanitary sewage disposal system in operation at the time of construction of a principal building shall be provided with an on-site sanitary sewage disposal system meeting the design standards of Title 25, Chapter 73, Rules and Regulations of Pennsylvania Department of Environmental Protection, and Township standards.

505.5 If on-site sanitary sewage disposal facilities are to be utilized, the Township Planning Commission may require that the subdivider submit a feasibility report. Such report shall compare the cost of providing on-site facilities and the cost of public sanitary sewer system with a temporary sewage treatment plant. Based on the analysis of this report, the UTMA may require the installation of a public sanitary sewer system.

505.6 Where on-site sanitary sewage facilities are to be utilized, each lot so served shall be of a size and shape to accommodate the necessary length of tile fields at a safe distance from, and at a lower elevation than, the proposed building(s) in accordance with Township and state regulations and shall be so plotted.

505.7 The proposed method of sanitary sewage disposal shall be in accordance with the Township's officially adopted Act 537 Sewage Facilities Plan.

505.8 When, in accord with Title 25, Chapter 71, Section 71.16, Rules and Regulations of the Pennsylvania Department of Environmental Protection, the necessity for an Act 537 sewage facilities plan revision is determined, the procedure set forth in § 71.15 through § 71.17 of those Rules and Regulations shall be followed.

§ 506 Soil percolation test requirements.

506.1 Soil percolation tests shall be performed for all subdivisions wherein building(s) at the time of construction will not be connected to a public or community sanitary sewage disposal system in operation.

506.2 Soil percolation tests shall be made, in accordance with the procedure required by the Pennsylvania Department of Environmental Protection, by either a registered professional engineer or registered sanitarian and/or the Pennsylvania Sewage Facilities Act sewage enforcement officer at a rate of one per acre or part thereof for the property being subdivided.

506.3 The engineer, sanitarian and/or sewage enforcement officer shall enter the result of the test and all other information on five copies of the subdivision sewage disposal report form and shall submit these with the preliminary plans; provided, however, that where the approval of the proposed sanitary sewage disposal facilities is otherwise required by the Pennsylvania Department of Environmental Protection, two copies of the report of investigation and approval may be submitted in lieu of the subdivision sewage disposal report.

506.4 Where possible, soil percolation tests shall be performed near the site of the proposed on-site sanitary sewage disposal facilities and spaced evenly throughout the property.

506.5 The results of the soil percolation tests shall be analyzed in relation to the physical characteristics of the tract being subdivided and of the general area surrounding the tract being subdivided, and the final plan lot layout shall be based on this analysis.

§ 507 Water supply.

507.1 Whenever an existing public or approved community water system is geographically and economically accessible to a proposed subdivision, a distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrants located to meet the specifications of the Insurance Services Office of Pennsylvania and the Lionville Fire Company. A copy of the approval of such system by the appropriate public service or utility company shall be submitted with the final plan. Suitable agreements shall also be established for the design, specifications, construction, ownership, and maintenance of such a distribution system.

a. All off-site water systems shall be designed and constructed in accordance with the latest Aqua Pennsylvania, Inc., water system specifications, and all designs shall be approved by Aqua Pennsylvania, Inc., prior to the start of construction.

507.2 Where such systems are not accessible and where on-site sanitary sewage disposal systems are to be used, a community water supply system may be required. A community water supply system shall be approved by the Pennsylvania Department of Environmental Protection, and appropriate measures shall be provided to ensure adequate maintenance. Suitable agreements shall also be established for the construction, ownership and maintenance of such a distribution system.

507.3 Where individual on-site water supply system(s) are to be utilized, each lot so served shall be of a size and shape to allow safe location of such a system, and wells shall be placed uphill from sewage disposal systems and shall not be within 100 feet of any part of the absorption (tile) field of any on-site sanitary sewage disposal system nor within 50 feet from lakes, streams, ponds, quarries, etc.

507.4 Where individual on-site water supply system(s) are to be utilized, it is recommended that the subdivider provide at least one test well for each 10 proposed dwelling units. Such wells should be drilled, cased, and grout-sealed into bedrock at least 50 feet deep, having a production capacity of at least five gallons per minute of safe potable drinking water, as certified by a state or Township health officer.

507.5 All water systems (public, private or community) must provide 1,500 GPM at 30 psi for a two-hour duration.

507.6 Where public or community water systems are utilized, a separate water service must be installed for each unit or establishment within a commercial development or shopping center.

507.7 Fire hydrants are required in accordance with § 602.11 of this ordinance.

§ 508 Storm and surface drainage and stormwater management.

[Amended 12-9-2013 by Ord. No. 2013-07]

All subdivisions and land developments shall comply with the requirements of Chapter 214, Stormwater Management, of the Code as applicable, the provisions of which are incorporated herein by reference and made part hereof.

§ 509 Public use and service areas.

509.1 Public open spaces.

a. In reviewing subdivision and land development plans, the Township Planning Commission and Board of Supervisors will consider whether community facilities in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision or land development and shall make such report thereon as they deem necessary in the public interest.

b. Subdividers and the Township Planning Commission shall give consideration to providing facilities or reserving areas for facilities normally required in residential neighborhoods, including libraries, public buildings, parks, playgrounds and playfields. Areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed and shall be suitably prepared for this end use at the expense of the subdivider. Prior to the preparation of plans, subdividers of large tracts should review with the Township Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.

c. The subdivider shall provide suitable open space for parks, playgrounds and other recreation uses. Due consideration shall be given to preservation of natural features such as mature trees, woods, waterways and historic areas.

d. Open space and recreation area in every subdivision shall meet minimum standards for parks and recreation established by the National Recreation and Park Association, or as set forth below for the estimated population of the subdivision. The following minimum land area shall be provided within the subdivision, or, when such park and open spaces should more logically be located outside the subdivision, sufficient money shall be escrowed to purchase land and/or facilities at an appropriate location.

(1) Where the residential open space option or other land development option requiring open space is not proposed, the following applies:

	Density (dwelling units per acre)	Percent of Tract
	1 — 6	10%
	6.1 — 10	15%
	10.1 — 15	20%
	Over 15	25%

(2) The above figures apply in land subdivisions or developments which intend to provide housing for the following number of families by unit type.

	Unit Type	Open Space Required
	Single-family	20 units or more
	Townhouse and multifamily	Densities in excess of 4.0 and/or involving 20 or more units
	Mobile home park	Always required

(3) When mixed unit types are proposed within a development (ex: single-family and townhouses), open space shall be required where there are 20 or more total units and/or a density in excess of 4.0.

(4) The Board of Supervisors may consider a fee in lieu of the above open space requirements.

509.2 Utility easements.

a. In accord with the Pennsylvania Public Utility Commission order, all electric distribution lines are required to be installed underground in residential developments of five or more family units. This also applies to mobile home parks, apartment houses and townhouses. In compliance with these regulations and with the cooperation of local utility companies, the following procedure will be followed in reviewing plans subject to underground electric service:

(1) Upon filing of a preliminary plan for review, the subdivider will forward a copy to the appropriate utility company if the development would fall subject to the order. This would apprise the utility company of the project status and indicate that the subdivider would be contacting the utility in the near future.

(2) Upon receipt and review of preliminary plans, the subdivider is directed to contact the utility company and secure an approval of plans for the underground electric system. Receipt of a letter from the utility company indicating receipt of plans will be required prior to Township endorsement of any plan for recording. The responsibility for securing this approval and coordinating the plan with the utility company would be the subdivider's or his representative's.

b. Easements with a minimum width of 30 feet shall be provided for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and/or other utility lines intended to service the abutting lots. No structures or trees shall be placed within such easements.

c. Easements shall be centered on or adjacent to rear or side lot lines.

d. Setbacks. Any new dwelling unit shall be set back a minimum of 300 feet from any existing or proposed transmission pipeline right-of-way. Any new occupied commercial, industrial, educational or institutional building, or any change in use of any occupied commercial, industrial, educational or institutional building, other than a surface building affiliated with a transmission pipeline, shall be set back a minimum of 300 feet from any existing or proposed transmission pipeline right-of-way.

[Amended 1-11-2021 by Ord. No. 2021-02]

e. Consultation zone. Any application, other than those surface uses affiliated with transmission pipelines, for any new dwelling unit, any new occupied commercial, industrial, educational or institutional building, or any change in use of any occupied commercial, industrial, educational or institutional building, proposed within 1,000 feet on either side of the centerline of an existing or proposed transmission pipeline shall include written verification from the applicant that:

[Added 1-11-2021 by Ord. No. 2021-02[1]]

(1) The applicant has contacted the pipeline operator(s) and has provided the pipeline operator(s) with documentation detailing the proposed development activity and where the activity is to take place;

(2) The applicant has made sufficient access to the pipeline available to the pipeline operator(s) for routine maintenance and emergency operations; and

(3) The pipeline operator(s) has reviewed the documents for compatibility.

It shall be clear in the written notification submitted with the application that the pipeline operator(s) has received and acknowledged documentation showing the proposed activity and its location.

[1] Editor's Note: This ordinance also renumbered former § 509.2e through g as § 509.2f through h, respectively.

f. Subdividers are urged to avail themselves of the services provided by the various public utility companies in determining the proper locations for utility line easements.

g. Petroleum products or natural gas transmission lines shall be located in a fifty-foot-minimum right-of-way, such lines to be installed in the center of the right-of-way. The subdivider shall provide a fifty-foot right-of-way for all existing transmission lines within the subdivision.

h. Utility services for residential development not subject to the above-mentioned Pennsylvania Public Utility Commission's order are recommended to be provided through the use of underground facilities in accord with the standards and approval of the utility company having appropriate jurisdiction.

§ 510 Erosion and sediment controls and guidelines.

510.1 Earth disturbance activities and associated stormwater management controls are regulated herein and under existing state law and implementing regulations. These provisions shall operate in coordination with those state requirements; the requirements of this ordinance shall be no less restrictive in meeting the purposes of this ordinance than state law.

510.2 All earth disturbance activities of the following kinds shall be designed, implemented, operated and maintained in compliance with this ordinance:

a. Erosion and sediment control and stormwater management during earth disturbance activity (e.g., during construction).

b. Stormwater management and water quality protection measures after completion of an earth disturbance activity (e.g., after construction), including operations and maintenance.

510.3 No earth disturbance activity shall commence until the requirements of this ordinance have been fulfilled.

510.4 All best management practices (BMPs) proposed in accordance with this section shall conform to the State Water Quality Requirements or any more-stringent requirements as determined by the Township.

510.5 Post-construction water quality protection and the operation and maintenance of permanent stormwater BMPs shall be addressed as required by the Uwchlan Township Stormwater Management Ordinance, as may be amended from time to time.[1]

[1] Editor's Note: See Ch. 214, Stormwater Management.

510.6 Erosion and sediment control during earth disturbance activities:

a. No earth disturbance activity shall commence until approval by the Township of an erosion and sediment control plan to be submitted by an applicant for subdivision or land development plan approval at the time of preliminary and final plan submittals. The erosion and sediment control plan shall comply with the following reference publications, as amended.

(1) 25 Pa. Code, Chapter 102, Erosion and Sediment Control, Section 102.4(b)(5).

(2) PA DEP Erosion and Sediment Pollution Control Program Manual, March 2000, as amended.

b. The erosion and sediment control plan shall be prepared by a person trained and experienced in erosion and sediment control methods and techniques.

c. The erosion and sediment control plan shall encompass the minimum limit of disturbance necessary for access for grading and borrow material in order to construct in accordance with the BMPs (including sediment basins and sediment traps) the necessary erosion and sediment pollution controls. All plans shall adhere to applicable maximum area of disturbance criteria.

d. A copy of the erosion and sediment control plan approved by the Township as part of the final plan, and any required permit, shall be available at the project site at all times.

e. Subdivision and land development applicants shall also comply with PADEP regulations that require submittal of an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more, and that require implementation and maintenance of erosion and sedimentation control BMPs to minimize the potential for those activities which disturb less than 5,000 square feet, under 25 Pa. Code § 102.4(b).

f. Subdivision and land development applicants shall also comply with 25 Pa. Code, Chapter 92, and obtain a DEP "NPDES construction activities" permit for regulated earth disturbance activities. Evidence of any necessary permit(s) for regulated earth disturbance activity from the Southeast Regional DEP office or Chester County Conservation District must be provided to the Township prior to the commencement of any earth disturbance activity for which any such permit may be required.

g. Erosion and sediment controls must be constructed and functional before site disturbance begins.

h. All graded or earth disturbance shall be stabilized, whether temporary or permanent, within three days of the initial groundbreaking and weather permitting, and accepted material used for stabilization shall be watered, tended and maintained until growth is well established.

510.7 Until the site is stabilized, all erosion and sediment BMPs must be maintained properly. Maintenance must include inspections by the applicant/developer of all erosion and sediment BMPs after each rainfall event and on a weekly basis. All preventive and remedial work, including cleanout, repair, replacement, regrading, reseeding, remulching, and renetting, must be performed immediately. If erosion and sediment control BMPs fail to perform as expected, then immediate replacement BMPs or modifications of those controls previously installed is required.

510.8 Erosion and sediment control designs shall comply with the Township's Municipal Separate Storm Sewer System (MS4) NPDES II permit requirements, including the necessary total maximum daily load (TMDL) requirements for the Brandywine Creek and Schuylkill River basins. Stream and/or stormwater runoff from the site may be required to be tested, by the applicant, for all pollutants as listed in the approved TMDL plan. Any pollutant increases must be mitigated to return the site runoff to the original pollutant levels or below. Mitigation measures shall be proposed by the applicant and approved by the Township.

§ 511 Environmental hazards.

The applicant for subdivision and/or land development approval (except for a revision to existing lot lines) shall demonstrate that the subject property is free of or has been remediated of environmental contamination and/or hazardous materials or waste. Such demonstration shall be made as part of the environmental impact assessment report required by § 406.1.h(6) of this ordinance. No subdivision and/or land development shall be approved without compliance with this § 511. For purposes of this § 511 and § 406.1.h(6) of this ordinance, "hazardous materials" and "hazardous waste" shall mean garbage, refuse, sludge or other discarded material which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, has been demonstrated to: cause or significantly contribute to an increase in mortality or morbidity; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

§ 512 Tree protection and woodland management.

512.1 Tree protection. In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, care shall be exercised to protect remaining trees from damage. To the maximum extent practicable, the following procedures shall be utilized during construction in order to protect remaining trees:

a. Where existing trees are to remain, no change in existing grade shall be permitted within the dripline of the trees. Prior to any land disturbance, appropriate fencing four feet in height shall be placed at the dripline of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity and shall be inspected by the Township prior to initial land disturbance. Roots shall not be cut within the dripline of any trees to remain.

b. Trees within 25 feet of a building or bordering entrances or exits to building sites shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

c. No boards or other material shall be nailed or otherwise attached to trees during construction.

d. Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the driplines of trees to remain, except for mulched vegetative matter used to prevent soil compaction.

e. Tree trunks, limbs and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.

512.2 Woodland management planning. The applicant shall include, as part of preliminary and final plan submission, provision for the long-term management of any woodland area not subject to woodland disturbance and any area selected for introduction of new plantings. Such plan submission shall include a statement of woodland management objectives and shall demonstrate to the satisfaction of the Board of Supervisors the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive species, and means to minimize any future woodland disturbance. Applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania Forest Stewardship Program administered by the Pennsylvania Bureau of Forestry.