All subdivision and land development plans approved
by Township Council shall comply with the following standards. The
standards outlined herein shall be considered minimum requirements
for the promotion of the public health, safety and general welfare.
[Amended 4-10-1961 by Ord. No. 125; 5-27-1982 by Ord. No.
311; 9-25-1989 by Ord. No. 454; 3-26-1990 by Ord. No. 463]
A. General standards.
(1) An easement for all roads shall be conveyed to the
Township. Where a subdivision or land development abuts an existing
road which the Township does not own in fee simple, if the applicant
owns the underlying fee in the road or a portion thereof, the applicant
may offer to dedicate such easement to the Township in the same manner
as new roads in a subdivision or land development are offered for
dedication.
(2) Proposed roads shall be coordinated with existing
Township roads and county and state roads and highway plans. Roads
shall be designed to provide adequate vehicular access to all lots
with regard to topographic conditions, projected volumes of traffic
and further subdivision possibilities in the area.
(3) If a portion of a tract of land is not subdivided
or developed, suitable access and road openings for future subdivision
or land development shall be provided.
(4) In the R-4B Residence District, the main access road
or roads in the development shall be public roads, shall comply with
all Township specifications and shall be offered to the Township by
deed of dedication. Access roads to units in the development from
the main access road, driveways and parking areas in R-4B Residence
Districts shall remain private.
(5) Proposed roads which are in alignment with existing
and named roads shall bear the names of the existing roads. In no
case shall the name of proposed road duplicate or be similar to an
existing road name. All road names shall be subject to the approval
of the Township Council. Road name signs, approved by the Township
Council, shall be provided at all intersections.
(6) Where a subdivision abuts a railroad right-of-way,
roads crossing the railroad shall be kept to a minimum and shall be
located to facilitate grade separation.
(7) Roads shall be designed according to the volume of
average daily traffic and defined as follows:
(a)
Major roads.
[1]
Urban extension. Primarily designated for the
movement of heavy and mixed traffic volumes; not interrelated to adjacent
land use; access is almost always limited.
[2]
Urban minor arterial. Principally designated
for the movement of heavy and mixed traffic volumes; residential land
us is not encouraged along these roadways; access to abutting land
uses should be controlled, but not limited.
[3]
Urban collector. Principally designated for
the collection and/or distribution of moderate to heavy traffic volumes
to the intersecting street system; residential land use is not encouraged
along these roadways.
(b)
Minor roads.
[1]
Local primary. Principally designated for the
collection and/or distribution of moderate traffic volumes; all types
of adjoining land use can be considered.
[2]
Local secondary. Primarily designated for serving
adjacent land use and adjoining development. All types of land use
can be served, but industrial and commercial development are not encouraged
along these roadways.
[3]
Local: other.
[a] Local loop. Exclusively designated
to serve adjacent land use; predominant land use is residential.
[b] Local cul-de-sac. Exclusively designated
to serve adjacent land use; predominant land use is residential.
(8) Township Council shall, in the interest of highway
safety and the safety of the area residents and in order to promote
orderly community development, require the owner/developer of any
large commercial complex, such as shopping centers, industrial parks
or plants, housing projects, apartment complexes, major educational
or recreational facilities and other significant traffic generators,
to have prepared a traffic study by a competent traffic engineer registered
in the Commonwealth of Pennsylvania and to meet with a representative
of the Township Engineer's office and the Pennsylvania Department
or Highways to achieve a high level of design from the standpoint
of traffic.
B. General design standards.
(1) Roads shall be finished graded to their full width,
and improved to the grades and dimensions shown on the plans, profiles
and cross-sections submitted by the developer and approved by Township
Council.
(2) All roads shall be constructed in accordance with
Township road specifications.
(3) Roads shall be designed to conform with the natural
features of the land to reduce excessive cuts and fills.
(4) Road cuts shall be provided with side slopes no steeper
than one-foot vertical to each 1 1/2 foot horizontal, and the same
shall apply to fill slopes. Such slopes shall be suitably planted
with perennial grasses or other vegetation to prevent erosion.
(5) All unpaved portions of roads shall be planted with
perennial grass seed at the same time and with the same varieties
as the front lawns of improved lots.
(6) Hedges, fences and walls or other obstructions shall
not be planted or placed in the area between the paved cartway and
the road line.
(7) Whenever standards for required road improvements
are not specified herein, the applicable standards of the American
Association of State Highway and Transportation Officials (AASHTO),
contained in A Policy of Urban Highways and Arterial Streets (1973
edition), as it may be amended from time to time, shall govern and
all work shall be performed in the manner prescribed therein.
C. Road grades.
(1) The minimum grades on all roads shall be 1%.
(2) The maximum grades on all roads, all vertical curves
and the grade of all roads at the approach to an intersection shall
be in conformance with AASHTO standards.
(3) No cul-de-sac or turnaround area shall have a grade
which exceeds 5%.
D. Road alignment.
(1) The minimum radius at the center line of all roads
and the super-elevation for horizontal curves for all roads and the
super-elevation for horizontal curves for all roads shall be in conformance
with AASHTO standards.
(2) Proper sight distance with respect to both horizontal
and vertical alignment shall also be in conformance with AASHTO standards.
E. Intersections.
(1) No more than two roads shall intersect at the same
point.
(2) Right-angle intersections shall be used whenever possible.
The minimum angle of intersection of the road center lines shall not
be less than 75°.
(3) Road curb intersections shall be rounded by a tangential
arc with a minimum radius of 20 feet for minor roads and 30 feet for
intersections which include a major road or a local primary secondary
road.
(4) Radius corners shall be provided on the road lines
substantially concentric with the curb radius.
(5) There shall be provided and maintained at all intersections
clear sight triangles based upon the posted speed of vehicles on the
through road and in conformance with AASHTO standards for corner sight
distance. Sight distances shall be indicated on the plans. The Township
shall be provided with easements for all clear sight triangles. Plantings
no higher than one and 1 1/2 feet shall be permitted in the area of
the clear sight triangle. No hedge, fence, wall or other obstruction
that would obscure the vision of a motorist shall be permitted in
the area of the clear sight triangle and the grant of easement to
the Township shall so provide. The grant of easement shall further
provide that the Township has the right, but not the responsibility,
to enter upon such easements to remove obstructions or plantings that
obscure the vision of motorists.
(6) Intersections involving urban extension or urban minor
arterial roads with urban collector local primary roads shall be located
not less than 1,000 feet apart, measured from center line to center
line. Intersections involving minor roads with major or local primary
roads shall be located not less than 800 feet apart, measured from
center line to center line.
(7) Two roads intersecting from opposite sides shall intersect
at their center line or their center lines shall be offset at least
200 feet.
(8) Intersections shall be graded to permit proper drainage
in conformance with AASHTO standards.
F. Road widths.
(1) The widths of roads and the widths of cartways where
there is parking on both sides of the road, parking on one side of
the road and no parking on the road shall be as follows:
|
|
|
Cartway Widths
|
|
|
---|
Road Type
|
Range of
Average Daily
Traffic
|
Road
Widths
(feet)
|
With Parking
Both Sides
(feet)
|
Parking
on 1 Side
(feet)
|
Without
Parking
(feet)
|
Design
Speed
(mph)
|
---|
Urban
|
Extension
|
25,000 to 40,000
|
150
|
92 to 116
|
80 to 104
|
68 to 92
|
60
|
Minor arterial
|
10,000 to 25,000
|
100
|
68 to 78
|
58 to 68
|
48 to 58
|
50
|
Collector
|
5,000 to 10,000
|
80
|
40
|
32
|
24
|
40
|
Local
|
Primary
|
1,500 to 5,000
|
70
|
38 to 40
|
30 to 32
|
22 to 24
|
30
|
Secondary
|
500 to 1,500
|
60
|
36 to 40
|
28 to 32
|
20 to 24
|
30
|
Loop
|
500
|
50
|
32
|
26 to 28
|
20 to 24
|
25
|
Cul-de-sac
|
300
|
50
|
32
|
26 to 28
|
20 to 24
|
25
|
(2) Provisions for additional cartway widths may be required
by the Township Council in specific cases for:
(a)
Public safety and convenience;
(b)
Access to off-street parking in commercial and
industrial areas and in areas of high-density residential development.
(3) Where a subdivision or land development contains an
existing road with inadequate road or cartway widths, additional road
and cartway widths in conformance with the above standards shall be
required.
(4) Where a subdivision fronts on an existing road having
a right-of-way of less than the minimum width required in this chapter,
a road line shall be established. The distance of the road line from
the center line of the existing road shall be 1/2 of the width of
the required minimum road width, if possible, and the subdivider may
dedicate sufficient land to accomplish this standard.
(5) Cartways shall be measured from the face of one curb
measured perpendicularly across the road to the face of the other
curb. If the road has no curbs, the road shall be measured from the
edge of the flexible pavement structure on the other side of the road.
Any flexible stone base beyond the edge of the flexible pavement structure
shall not be considered when measuring the width of a road with no
curbs. Where dished gutters are used, the width of such gutters shall
not be used to calculate the width of the cartway.
G. Culs-de-sac and turnarounds.
(1) Dead-end roads are prohibited, except where designated
as temporary turnarounds because of authorized stage development or
when designed as culs-de-sac.
(2) All temporary turnarounds and culs-de-sac shall not
exceed 500 feet in length and shall furnish access to not more than
10 dwelling units in the case of residential development or 400,000
square feet of building area in the case of commercial or industrial
development.
(3) All culs-de-sac shall be provided at the closed end
with a paved turnaround. The minimum radius to the pavement edge or
curbline shall be 40 feet, and the minimum radius to the road line
shall be 60 feet.
(4) Temporary turnarounds.
(a)
A temporary turnaround permitted at the end
of a road because of authorized staged development shall have a minimum
turning radius of 40 feet for the cartway and shall be constructed
of temporary all-weather material. Curbs and gutters need not be constructed
around the temporary turnaround.
(b)
The turnaround shall be completely within the
subdivision or land development and the use of such turnaround shall
be guaranteed to the public until such time as the road is extended;
(c)
A road ending in a temporary turnaround which
has not been extended within three years from the date of final subdivision
approval, shall be constructed to full specifications of a permanent
cul-de-sac, including installation of curbs and gutters. Township
Council may approve the continuance of a temporary turnaround beyond
the three-year period if it finds that staged development is continuing
and it is likely that the road will be extended. The financial security
furnished the Township shall include the estimated costs of completing
the temporary turnaround to full specifications.
(d)
When a road is extended and the temporary turnaround
is no longer necessary, all evidence of the turnaround shall be eliminated.
(5) When a subdivision or land development contemplates
the extension of an existing cul-de-sac, the cul-de-sac may be extended
provided:
(a)
The developer, when extending the cul-de-sac,
eliminates all evidence of the turnaround, including its curbs, gutters
and the paved portions thereof which are beyond the cartway of the
proposed road;
(b)
The developer extends the driveways of all lots
abutting the turnaround to the cartway of the proposed road, grades
the paved portion of the turnaround which has been eliminated and
plants such area with the same variety of perennial grass seed as
exists on the front lawns of the lots abutting the turnaround; and
(c)
The developer constructs curbs, gutters, driveway
aprons and inlets where necessary for proper drainage, where the cul-de-sac
has been eliminated.
Streetlights shall be provided at the intersection
of roads with roads and driveways leading from land developments,
at the intersection of roads with urban extension and urban minor
arterial roads, and at such intersections as Township Council shall
deem necessary in the interest of public safety. Streetlights shall
be of such intensity as approved by Township Council.
[Amended 1-8-1990 by Ord. No. 460]
A. Public water shall be required in subdivisions and
land developments in accordance with the following:
(1) Single-family residential developments:
(a)
Public water shall be required in all single-family residential developments containing lots less than 40,000 square feet unless the developer can demonstrate that public water is not required by virtue of the provisions set forth in Subsection
A(1)(c) below. Notwithstanding the provisions in Subsection
A(1)(c) below, public water shall be required where public water is made available to the site by the Township, at the Township's sole discretion and expense.
(b)
Public water shall also be required in all single-family
residential developments containing lots of 40,000 square feet or
more where:
[1]
Public water is available to the site; or
[2]
The development contains from five to nine dwelling
units and the distance from the development to the nearest accessible
public water line is 1/10 of a mile; or
[3]
The development contains 10 to 19 dwelling units
and the distance from the development to the nearest accessible public
water line 1/5 of a mile; or
[4]
The development contains from 20 to 29 dwelling
units and the distance from the development to the nearest accessible
public water line is 2/5 of a mile; or
[5]
The development contains from 30 to 39 dwelling
units and the distance from the development to the nearest accessible
public water line is 3/5 of a mile; or
[6]
The development contains from 40 to 74 dwelling
units and the distance from the development to the nearest public
water line is 4/5 of a mile; or
[7]
The development contains 75 or more dwelling
units and the distance from the development to the nearest accessible
public water line in one mile; or
[8]
The nearest accessible public water line is farther than the distances set forth in Subsection
A(1)(b)[2] through
[7] hereof and the Township, at its sole discretion, constructs or has constructed at Township expense the public water line to the points referenced in Subsection
A(1)(b)[2] through
[7] above.
(c)
Public water shall not be required in any single-family
residential development where it can be demonstrated by the developer
that an on-site water system can supply an adequate and safe supply
of water to the residential development in conformance with all regulations
of the Department of Environmental Protection, that the cost of installing
the on-site water system will be less expensive than providing public
water such that there will be an appreciable cost saving to future
purchasers of lots in the residential development and that the public
safety in terms of fire protection will not be adversely affected
by the installation of an on-site water system.
(2) Public water shall be required in all other subdivisions
and land developments. Wherever a public or community water system
is provided, applicants shall present evidence to the Township Council
that the subdivision or land development is to be supplied by a certificated
public utility, a bona fide cooperative association of lot owners
or by a municipal authority or utility. A copy of a certificate of
public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable evidence.
B. The design and installation of the public water distribution
system shall be subject to the approval of the appropriate operating
authority of the water system.
C. Where public water is not required, each lot in a
subdivision shall be provided with an individual water supply system
in accordance with all applicable standards of the Pennsylvania Department
of Environmental Protection. Common wells supplying water to more
than one lot shall be prohibited.
D. Fire hydrants shall be provided as an integral part
of any public system. Hydrants shall be located in such a manner as
to provide complete accessibility and to minimize the possibility
of damage from vehicles of injury to pedestrians. Fire hydrants shall
be installed under the direction of the Township Fire Marshal, who
shall fix the location of such hydrants. In fixing the locations of
fire hydrants, the Township Fire Marshal shall be guided by the standards
established by the Pennsylvania Insurance Service Organization.
Measures used to control erosion and reduce
sedimentation shall, as a minimum, meet the standards and specifications
of the Delaware County Soil and Water Conservation District, the Pennsylvania
Department of Environmental Protection and applicable Township ordinances.
[Amended 8-13-2001 by Ord. No. 615
Open space shall be in accordance with §
210-41, Recreational facilities and open space.
[Amended 8-13-2001 by Ord. No. 615; 9-25-2023 by Ord. No. 854]
A. The public dedication of suitable land shall be provided for the
use intended; and, upon agreement with the applicant or developer,
the construction of recreational facilities, the payment of fees in
lieu thereof, the private reservation of the land, or a combination,
for park or recreation purposes as a condition precedent to final
plan approval shall be required in accordance with the provisions
of this section.
B. The following general provisions shall apply:
(1) Each subdivision and/or land development proposed to be improved
for a residential dwelling unit shall set aside land to be used for
park or recreational purposes in an amount which shall equal at least
2,200 square feet of land for each residential dwelling unit in the
proposed development; or make a payment of a fee in lieu of the public
dedication of land in the amount as determined from time to time by
resolution of the Township Council, in accordance with the Recreation
and Open Space Plan, dated March 28, 2022, as may be amended or updated
from time to time.
(2) Each subdivision and/or land development proposed to be improved
for use other than for a residential use (nonresidential use) shall
set aside land to be used for park or recreational purposes in an
amount which shall equal at least 500 square feet of land per 1,000
square feet of nonresidential building area; or make a payment of
a fee in lieu of the public dedication of land in the amount as determined
from time to time by resolution of the Township Council, in accordance
with the Recreation and Open Space Plan, dated March 28, 2022, as
may be amended or updated from time to time.
(3) The provisions of this section shall not apply to a development plan approved and developed pursuant to the planned residential development provisions of Article
XI of Chapter
275, Zoning; or approved and developed pursuant to the cluster subdivision option provisions of Chapter
275, Zoning, in the R-1 Residential District or R-2 Residential District; or approved and developed pursuant to the open space requirements for townhouses and/or apartments in the R-4 or R-5 District; or that is pending, whether preliminary or final, at the time of enactment of this section.
C. If it is determined that the land proposed to be dedicated is not
suitable for the use intended by reason of its size, shape and/or
location or if park or recreational lands are already available and
accessible to the proposed development, or if the Township and the
applicant or developer agree otherwise, the applicant or developer
shall either make payment of a fee in lieu of dedication of land or
provide sufficient and suitable land for dedication within the Township,
but which is not part of the proposed development. Such determination
shall also be made in accordance with the following provisions:
(1) Where the open space requirement is 2.00 acres or less, the fee option
shall be preferred; however, the set-aside of less than 2.00 acres
of land may be acceptable to the Township if that land is contiguous
to an existing area of permanent open space, has been identified by
the Township for acquisition, or is otherwise deemed acceptable by
Council.
(2) Where the land to be set aside is less than the amount required,
the Township may accept payment of a fee in lieu of the balance of
the requirement.
D. The determination of the suitability of land which is acceptable
for dedication, or use for park or recreational purposes, shall include
its overall size, shape, location, and natural features, and shall
also be based on the following additional criteria:
(1) The dedicated land must be easily accessible to all inhabitants of
the development by virtue of at least one side of each parcel of dedicated
land abutting an existing or proposed public street for a minimum
distance of 50 feet.
(2) The park or recreational land shall be located so that it serves
all inhabitants of the subdivision and/or land development.
(3) The shape of the land shall be suitable to accommodate those park
or recreational activities appropriate to the location and needs of
the inhabitants of the development.
(4) Any parcel of park or recreation land to be dedicated to the Township
shall be comprised of at least one acre in size and no less than 50
feet in width.
(5) The parcels to be dedicated, comprising the intended park or recreational
land, shall be contiguous.
(6) Soils and drainage shall be suitable for the intended park or recreational
uses and shall conform to all Township ordinances.
(7) Such land, taken in the aggregate, shall have an average slope of
less than 8%, and shall have no more than 20% of the land contained
within the boundaries of a floodplain, or steep slope area greater
than 15%, or a combination of floodplain and steep slope.
(8) Vehicular parking shall be in accordance with Article
XXXI of the Middletown Township Zoning Ordinance, and shall be designed, constructed, and maintained such
that any site can be adequately served and accessed.
(9) Provisions shall be made for trails, footpaths, and other pedestrian
circulation systems and accessways.
E. In the event any applicant or developer of land proposes to dedicate
land and/or construct recreational facilities, the applicant or developer
shall make provision for such dedication and/or the permanent ownership
and maintenance of such facilities, as applicable. Acceptable means
of such provisions include:
(1) The proposed recreational facilities and/or improvements are not
duplicative of those park and/or recreational facilities already available
to the inhabitants of the proposed subdivision and/or land development.
(2) The proposed recreational facilities and/or improvements will be
properly owned, managed, and maintained by a responsible entity such
as a homeowners' association, the governing documents for which shall
be acceptable to the Township Solicitor.
(3) The proposed park and/or recreational area shall be subject to a
declaration of covenants, easements, and restrictions which shall
be acceptable to the Township Solicitor.
(4) The proposed park or recreational area shall be suitably landscaped
as depicted on a landscape plan which shall be submitted as part of
the applicant's or developer's subdivision and/or land development
plan and which shall be reviewed by the Township as part of the applicant's
or developer's final plan.
(5) Land to be publicly dedicated to the Township shall be by fee-simple
deed of special warranty. At the time of dedication, title to said
land shall be good and marketable, free and clear of all liens and
encumbrances. The applicant or developer shall supply a title report
evidencing the foregoing to the Township prior to final approval of
the subdivision and/or land development plan. The executed deed of
dedication shall be delivered to the Township at the time of final
subdivision and/or land development approval and prior to the signing
of the approved plan by the Township Council and recorded at the time
of recording of the final plan. All costs associated with said dedication
shall be borne by the applicant or developer.
(6) If public dedication of the land is rejected by the Township, the
land may alternatively be conveyed to a legally constituted homeowners'
association or retained by and managed by such private ownership or
other such suitable entity, all subject to approval by the Township
Council and upon the condition that the use remains open to the residents
of the proposed development. In the event that the recreational land
is to be privately owned, adequate provision shall be made for its
maintenance and the posting of adequate financial security in accordance
with Section 509 of the Pennsylvania Municipalities Planning Code. The Township may further require such limited rights of
entry onto the proposed land for maintenance and similar purposes,
should the owner(s) of said land fail to do so, and such failure shall,
in the opinion of the Township, pose a threat to the health, safety
and welfare of the Township or its residents.
F. All moneys paid to the Township pursuant to the provisions of this
section shall be placed in a Park and Recreation Development Fund
as established by Township Council clearly identifying the specific
recreational facilities for which the fee was received. Said fund
shall be used by the Township for the acquisition and improvement
of park or recreational sites and land in accordance with the Township
Open Space and Recreation Plan, recognizing that funds shall be expended
only on properly allocated portions of the cost incurred to acquire
land or construct the specific recreational facilities for which the
funds were collected.
[Amended 12-14-1981 by Ord. No. 296]
A. The Township shall have the right to inspect erosion
and sediment control facilities and all roads, curbs, stormwater management
facilities and other public improvements during the course of construction
in all subdivisions and land developments.
B. The Township shall also have the right to make a final
inspection of all public improvements prior to acceptance of such
improvements by the Township.
C. In the event that any work on a public improvement
is not constructed in accordance with Township ordinances, resolutions
or specifications and the approved final plan or is not performed
in a good and workmanlike manner, the Township Engineer shall have
the right to require the developer, at his own expense, to correct
all faulty construction. The Township shall also have the right to
refuse to accept any public improvement offered for dedication which
is not constructed in accordance with Township ordinances, resolutions
or specifications and the approved final plan or is not performed
in a good and workmanlike manner.
D. When work in public improvements is covered prior
to the Township having an opportunity to inspect, the developer shall
uncover the work at his own expense so that the Township Engineer
can make the inspection.