A.
Minimum standards. The standards and requirements
contained in this article shall apply as minimum design standards
for subdivisions and/or land developments in the Township.
B.
Compliance with Chapter 195, Zoning, Zoning Hearing Board, and Board of Supervisors (conditional use) decisions. Whenever Chapter 195, Zoning, provides that the use proposed by the applicant for subdivision or land development approval shall constitute a use by special exception or conditional use or when a variance from the terms of Chapter 195, Zoning, is required to develop in accordance with the plan, the applicant shall obtain such special exception or variance approval from the Township Zoning Hearing Board or conditional use approval by the Board of Supervisors prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception or variance by the Township Zoning Hearing Board or conditional use approval by the Board of Supervisors.
A.
Purpose. The purpose of good subdivision and site
design is to create a functional and attractive development, to minimize
adverse impacts and to ensure a project will be an asset to a community.
To promote this purpose, the subdivision and/or land development shall
reflect and consider the following standards which are designed to
result in a well-planned community without adding unnecessarily to
development costs.
B.
Site design standards.
(1)
The location and design of the subdivision and/or
land development should conform to the Township Comprehensive Plan
with respect to design standards, streets, traffic circulation, public
sites, proposed utilities, natural features, etc.
(2)
Land shall be subdivided or developed only in conformance
with all other ordinances and regulations in effect in the Township.
(3)
Development of the site shall be based on a site analysis.
The site analysis shall show the physical, biological and cultural
attributes of the site. To the maximum extent practicable, subdivisions
and/or land development shall be designed and located to preserve
the natural features of the site, to avoid areas of environmental
sensitivity and to minimize negative impacts and alterations of natural
features.
[Amended 12-7-2009 by Ord. No. 2009-05]
(4)
Subdivision and/or land development design shall consider the natural features and overlays as specified in Articles XV, XVI and XVII of Chapter 195, Zoning.
[Amended 12-1-2008 by Ord. No. 2008-17]
(5)
Subdivisions and/or land developments shall be designed
to avoid adversely affecting groundwater and aquifer recharge; to
reduce cut and fill; to avoid unnecessary impervious coves; to prevent
flooding; to provide adequate and safe access to lots and sites; and
to mitigate adverse effects of noise, odor, traffic, drainage and
utilities on neighboring properties.
[Amended 12-7-2009 by Ord. No. 2009-05]
(6)
Land subject to hazards of life, health or property
that may arise from fire, floods, disease, or excessive noise, or
considered uninhabitable for other reasons, may not be developed unless
the hazards have been removed or the plans show adequate safeguards
against them.
[Amended 12-1-2008 by Ord. No. 2008-17]
(7)
A land development must be coordinated with existing
land development in the neighborhood so that the entire area may be
developed harmoniously within the permitted uses of each zoning district.
[Amended 12-1-2008 by Ord. No. 2008-17]
(8)
All portions of a parcel being subdivided or developed
shall be taken up in lots, streets, public lands or other proposed
uses so that remnants and landlocked areas are not created.
(9)
Provide
documentation that all of the design standards of this section have
been reviewed and addressed.
[Added 12-7-2009 by Ord. No. 2009-05]
C.
Exemptions.
Provisions of this section shall not pertain to subdivisions and/or
land developments which qualify as a minor subdivision or which involve
fewer than three acres.
[Added 12-7-2009 by Ord. No. 2009-05]
A.
Purpose. The specific purpose of these provisions
is:
(1)
To regulate the subdivision of land within any designated floodplain district in order to promote the general health, welfare and safety of the community. Development within a floodplain area is permitted only in accordance with Article XV of Chapter 195, Zoning.
(2)
To require that each subdivision lot in floodplain
areas includes a safe building site with adequate access; and that
public facilities which serve such uses be designed and installed
to minimize flood damage.
(3)
To protect individuals from buying lands which are
unsuitable for use because of flooding by prohibiting the improper
subdivision and/or development of unprotected lands within the designated
floodplain districts.
B.
Municipal liability. The grant of a permit or approval
of a plan for any proposed subdivision and/or land development to
be located within any identified floodplain area or district shall
not constitute a representation, guaranty or warranty of any kind
by the municipality or by any official or employee thereof of the
practicability or safety of the proposed use, and shall create no
liability upon the municipality, its officials or employees.
D.
Preliminary plan requirements. The following information
shall be required as part of the preliminary plan and shall be prepared
by a registered engineer or surveyor:
(1)
Name of the engineer, surveyor or other qualified
person responsible for providing the information required in this
section.
(2)
A map showing the location of the proposed subdivision
and/or land development with respect to any identified floodplain
area or district, including information on the one-hundred-year-flood
elevations.
(3)
Where the subdivision and/or land development lies
partially or completely within any identified floodplain area or district
or where such activities border on any identified floodplain area
or district, the preliminary plan map shall include the following
information:
(4)
All such maps shall show contours at intervals required by § 173-13B(31) of this chapter and identify accurately the boundaries of the identified floodplain areas or districts.
E.
Final plan requirements. The following information
shall be required as part of the final plan and shall be prepared
by a registered engineer or surveyor:
(1)
All information required for the submission of the
preliminary plan, incorporating any changes requested by the Township.
(2)
A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any identified floodplain area or district. All such maps shall show contours at intervals required by § 173-15B(28) of this chapter and identify accurately the boundaries of the floodplain areas.
(3)
Submission of the final plan shall also be accompanied
by all required permits and related documentation from the PADEP,
and any other commonwealth agency or local municipality where any
alteration or relocation of a stream or watercourse is proposed. In
addition, documentation shall be submitted indicating that all affected
adjacent municipalities have been notified of the proposed alteration
or relocation. The Department of Community and Economic Development
and the Federal Insurance Administrator shall also be notified whenever
any such activity is proposed.
F.
Design standards and improvement in designated floodplain
districts.
(1)
General.
(a)
Where not prohibited by this or any other laws
or ordinances, land located in any identified floodplain area or district
may be developed with the provision that the developer construct all
buildings and structures to preclude flood damage in accordance with
this and any other laws and ordinances regulating such development.
(b)
If the Township determines that only a part
of a proposed plan can be safely developed, it shall limit development
to that part and shall require that development proceed consistent
with this determination.
(c)
When a developer does not intend to develop
the plan himself and the Township determines that additional controls
are required to ensure safe development, it may require the developer
to impose appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on every recorded plan.
(2)
Streets. The finished elevation of proposed streets
shall not be more than the one foot below the regulatory flood elevation.
The Township may require profiles and elevations of streets to determine
compliance with the requirements. Drainage openings shall be sufficient
to discharge flood flows without unduly increasing flood heights.
(3)
Sanitary sewer facilities. All sanitary sewer systems,
whether public or private, shall be floodproofed up to the 1 1/2
feet above the regulatory flood elevation. The installation of sewage
disposal facilities requiring soil absorption systems shall be prohibited
where such systems will not function due to high groundwater, flooding
or unsuitable soil characteristics or if these systems are within
designated floodplain areas or districts. The Township may require
that the developer note on the face of the plan and in any deed of
conveyance that soil absorption fields are prohibited in such area
or district.
(4)
Water facilities. All water systems, whether public
or private, shall be floodproofed up to 1 1/2 feet above the
regulatory flood elevation.
(5)
Other utilities and facilities. All other public and
private utilities and facilities, including gas and electric, shall
be elevated or floodproofed up to 1 1/2 feet above the regulatory
flood elevation.
A.
General. All streets proposed to be constructed within
the Township shall conform to the following general design requirements:
(1)
The Township encourages creative design methods to
minimize the number of access points onto Township and state roads
for the safety and convenience of public travel. Whenever possible,
the Township strongly encourages the use of shared driveways, service
roads and other methods to minimize the number of road access points.
(2)
Proposed streets shall be planned with regard to the
existing street system, public convenience in terms of fire protection
and pedestrian traffic, probable volumes of traffic, existing and
proposed use of land on abutting properties and future development
extensions of the street system.
(3)
The arrangement of streets shall provide for the continuation
of existing or platted streets and for proper access to adjoining
undeveloped parcels suitable for future development. Right-of-way
access for future streets is required where practicable.
[Amended 12-1-2008 by Ord. No. 2008-17]
(4)
Streets shall be logically related to topography so
as to produce reasonable grades, satisfactory drainage and suitable
building sites.
(5)
The finished elevation of proposed streets shall not
be more than one foot below the regulatory flood elevation. The Township
may require profiles and elevations of streets to determine compliance
with this requirement.
(6)
The streets must be properly located and constructed
with regard to the proposed traffic functions, including the minimization
of through traffic on minor streets and the protection of major street
capacities from excessive marginal access.
(7)
The arrangement, character, extent, width, grade and
location of all streets and highways must conform to the Comprehensive
Plan and/or Official Map, as amended.
B.
Road classifications. All Township roads are grouped
into the following classifications based upon function:
(1)
Freeway. A freeway is a limited access roadway.
(2)
Highway. A highway is usually a state or interstate
highway which provides intermunicipal up to interstate traffic of
substantial volumes. A highway usually accommodates operating speeds
up to 55 miles per hour (mph).
(3)
Arterial. An arterial is a high-volume street that
should have no access other than by way of a collector street. Its
function is to conduct traffic between communities and activity centers
and to connect communities to highways and freeways. The design speed
is typically 45 mph or more. (See Illustration 1.[1])
[1]
Editor's Note: Illustration 1 is included at the end of this chapter.
(4)
Collector. As the principal traffic artery within
residential or commercial areas, the collector carries relatively
high traffic volumes and conveys traffic from arterial streets to
lower-order streets. Its function is to promote the free flow of traffic.
Consequently, the Township does not encourage parking or residences
along a collector. The collector's secondary function is to serve
abutting land uses. A collector street may also accommodate public
transit such as buses. The design speed is typically 40 mph. (See
Illustration 1.)
(5)
Subcollector. The subcollector provides passage to
access streets and conveys traffic to collectors. Like the access
street, the subcollector provides frontage and access to residential
lots but also carries some through traffic to lower-order (access)
streets. The subcollector is a relatively low-volume street. The design
speed is typically 30 mph. (See Illustration 1.)
(6)
Access street. The access street is designed to conduct
traffic between dwelling units and higher-order streets. As the lowest-order
street in the hierarchy, the access street carries no through traffic
and includes short streets, culs-de-sac and courts. Subcollectors
usually serve more dwellings and carry a small volume of through traffic
to one or more access streets. The design speed is typically 20 mph.
(See Illustration 1.)
(7)
Alley (service street). Alleys are special-purpose
service roads that provide secondary means of access to lots.
(8)
Nonresidential street. These streets serve nonresidential
areas such as retail, office or industrial. The design speed is typically
40 mph.
(9)
Roadway subcollectors. Following is an illustrative
figure classification of roads in the Township:
[Amended 12-1-2008 by Ord. No. 2008-17]
Table 1. Classification of Roadways
| ||
---|---|---|
FUNCTIONAL CLASSIFICATION OF ROADWAYS
| ||
Road Number/Name
|
Classification
| |
I-81/Interstate 81
|
Freeway
| |
U.S. 22/Allentown Boulevard
|
Highway
| |
PA 39/Linglestown/Hershey Road
|
Highway
| |
PA 443/Fishing Creek Valley Road
|
Arterial
| |
S.R. 2003/Oak Grove Road
|
Arterial
| |
T-561/Blue Ridge Avenue
|
Arterial
| |
T-601/Old Jonestown Road (East of PA 39)
|
Arterial
| |
Various/Fairville/Piketown/Sleepy Hollow/Pine
Tree
|
Arterial
| |
S.R. 2023/Red Top Road
|
Collector
| |
S.R. 2026/Green Hill Road
|
Collector
| |
T-465/Manor Drive/Sandy Hollow Road
|
Collector
| |
T-520/Clover Lane
|
Collector
| |
T-601/ Jonestown Road (West of PA 39)
|
Collector
| |
NOTE:
All other Township roads are classified as subcollector,
access, alley or nonresidential.
|
C.
Street and right-of-way widths. Following are the
minimum street and right-of-way widths. A minimum four-foot shoulder
shall be provided on each side of the road when curbing is not provided.
Required widths may be increased or decreased by the Township based
upon projected traffic counts and needs of public health, safety and
convenience.
Table 2. Street and Right-of-Way Widths
| |||
---|---|---|---|
Classification
|
Minimum Right-of-Way Width
(feet)
|
Minimum Roadway Width
(feet)
| |
Highway
|
As determined after consultation with the Township
Board of Supervisors and PennDOT
| ||
Arterial
|
As determined after consultation with the Township
Board of Supervisors and PennDOT
| ||
Collector
|
50
|
28A
| |
Subcollector
|
50
|
28
| |
Access
|
50
|
26B
| |
Nonresidential
|
50
|
30
|
NOTES:
AIf residences front
on the collector, then the pavement width can be increased up to 36
feet to provide two travel lanes and two parking lanes.
| |||
---|---|---|---|
BThe width of access
roads can be reduced to 20 feet if on-street parking will not be required.
The developer must provide "no parking" signs and adequate off-street
parking areas that will accommodate four parking spaces per unit.
|
(1)
For access streets, a twenty-six-foot-wide pavement
provides two travel lanes or one travel lane with two parking lanes.
For subcollectors, a twenty-eight-foot-wide pavement provides two
travel lanes and one parking lane.
[Amended 12-1-2008 by Ord. No. 2008-17]
(2)
Additional street width and right-of-way may be required
when determined to be necessary by the Township in specific cases
for:
(a)
Public safety and convenience.
(b)
Parking in commercial and industrial areas and
in areas of high-density development.
(c)
Widening of existing streets where the width
does not meet the requirements of the above table.
(d)
To accommodate installation of utilities, to
accommodate ponding of runoff, to provide storage of plowed snow,
to provide emergency parking, to accommodate temporary roadway adjustments
during maintenance and accidents and to accommodate future improvements.
(3)
The applicant shall certify, prior to final approval
of a subdivision or land development plan, that title to any street
rights-of-way are free and clear of all liens and encumbrances and
that no prior right-of-way has been granted to any utility or any
other person.
(4)
When the subdivision or land development is proposed
to front on an existing Township street, the required additional right-of-way
shall be dedicated for the lots or land development proposed, and
the dedication shall not be required for the remaining portion of
the property except where the remaining portion of the property is
less than one required lot width. The required right-of-way for all
of the property fronting the existing street shall be shown on the
plan and the signed dedicatory statement shall be shown on the final
plan.
(5)
In the case of a plan for a land development fronting
on an existing or proposed public street, the Township may require
the developer to improve the portion of the roadway on which the proposed
development fronts to meet the minimum roadway standard as specified
above. This shall include shoulders, embankments, gutters, berms,
sidewalks and/or curbing.
D.
Street design.
(1)
Horizontal curves.
(a)
Where connecting street lines deflect from each
other at any one point, the lines must be connected with a true, circular
curve. (See Table 3 for the minimum radius of the center line for
the curve.)
Table 3. Minimum Radius
| ||
---|---|---|
Type of Street
|
Minimum Radius
(feet)
| |
Collector
|
450
| |
Subcollector and nonresidential
|
250
| |
Access
|
100
|
(b)
Straight portions of the street must be tangent
to the beginning or ending of curves. Except for access streets, there
must be a tangent of at least 100 feet between reverse curves. For
curves on freeways, arterials and collector streets, proper superelevation
must be provided as required by the Township and the Pennsylvania
Department of Transportation. Broken-back curves shall be avoided.
(c)
Proper sight distance must be provided with
respect to horizontal alignment, measured along the center line, from
height of eye (3.5 feet above grade) to the height of an object on
the roadway (0.5 feet). See Table 4 for the minimum stopping sight
distances which must be maintained.
Table 4. Minimum Stopping Sight Distance
| ||
---|---|---|
Design Speed
(miles per hour)
|
Minimum Stopping Sight Distance
(feet)
| |
60
|
650
| |
55
|
550
| |
50
|
475
| |
45
|
400
| |
40
|
325
| |
35
|
250
| |
30
|
200
| |
25
|
150
| |
20
|
125
|
(2)
Vertical curves.
(a)
Changes in grade in excess of 1% shall be joined
by vertical curves. Proper sight distance must be provided with respect
to vertical alignment by using the following K values in Table 5,
where:
[Amended 12-1-2008 by Ord. No. 2008-17]
K = L/A
| |
---|---|
L = length of curve.
| |
A = Algebraic difference of percent grade.
|
Table 5. K Values
| |||
---|---|---|---|
K Value
| |||
Design Speed
|
Sag
|
Crest
| |
60
|
136
|
151
| |
55
|
115
|
114
| |
50
|
96
|
84
| |
45
|
79
|
61
| |
40
|
64
|
44
| |
35
|
49
|
29
| |
30
|
37
|
19
| |
25
|
26
|
12
| |
20
|
17
|
7
|
(b)
Sight distance shall be measured along the center
line, from height of eye (3.5 feet) to height of an object on the
roadway (0.5 feet).
(3)
Grades.
(a)
The center-line grades of streets must meet
the following requirements:
[Amended 12-1-2008 by Ord. No. 2008-17]
Table 6. Grades of Streets
| |||
---|---|---|---|
Type of Street
|
Minimum Grade
|
Maximum Grade
| |
Collector
|
1%
|
6%
| |
Subcollector and nonresidential
|
1%
|
8%
| |
Access
|
1%
|
10%
|
(b)
In all grades exceeding 1%, vertical curves
must be used and must be designed for proper sight distance.
(c)
Crown. The slope of the crown on streets shall
be at least 1/4 inch per foot but not more than 3/8 inch per foot
as directed by the Township Engineer. This applies only to straight
sections of road. Where a curve is superelevated to reduce lateral
vehicular acceleration as required by the design speed of the road,
the crown requirement is eliminated.
(d)
Slope of embankments. Embankment slopes shall
be a maximum 3:1 fill and 2:1 cut or be designed in accordance with
Roadside Design Guide by the American Association of State Highway
and Transportation Officials (AASHTO), current edition. Slopes shall
be suitably planted with perennial grasses or other vegetation to
prevent erosion.
E.
Intersection design.
(1)
Angle of intersections. Intersections must be as nearly
at right angles as possible. However, in no case should they deviate
from the standards in Table 7.
Table 7. Angle of Intersections
| |||||
---|---|---|---|---|---|
Type of Intersection
| |||||
Highway with Highway
|
Arterial with Arterial
|
Highway with Arterial
|
All Others
| ||
Angle of intersection of street center lines
|
90º
|
90º
|
90º
|
75º to 105º
|
(2)
Intersection grades. Intersections must be approached
on all sides by leveling areas. These leveling areas must have a minimum
length of 50 feet (measured from the intersection of the center lines)
within which no grade may exceed a maximum of 4%.
(3)
Intersection curve radii.
(a)
Design of curb or edge of pavement must take
into account such conditions as types of turning vehicles (including
buses and emergency vehicles), likely speeds of traffic, angle of
turn, number of lanes and whether parking is permitted. However, curb
or edge of pavement radii must not be less than the following:
[Amended 12-1-2008 by Ord. No. 2008-17]
Table 8. Curb/Edge of Pavement Radii
| ||
---|---|---|
Type of Intersection
|
Minimum Simple Curve Radii of Curb or
Edge of Pavement
(feet)
| |
All intersections with freeways, highways, and
arterials
|
40 or more, as determined after consultation
with the Pennsylvania Department of Transportation and/or the Township
| |
Collector with subcollector or nonresidential
|
35
| |
Subcollector collector with subcollector or
nonresidential
|
35
| |
Access with collector, subcollector, nonresidential
|
35
|
(b)
Three-centered compound curves equivalent to
the above minimum simple curves are permitted and encouraged where
applicable. In the design of compound curves, the ratio of the flatter
radius to the sharper radius should not exceed 1.5. Sudden changes
between curves of widely different radii or between long tangent and
sharp curves shall be avoided.
(4)
Distance between intersections. The required distance
between intersections shall be in accordance with the following in
Table 9:
Table 9. Distance Between Intersections
| ||||||
---|---|---|---|---|---|---|
Type of Intersection
| ||||||
Collector with Collector
|
Collector with Subcollector or
Nonresidential
|
Subcollector or Nonresidential
with Subcollector or Nonresidential
|
Subcollector or Nonresidential
with Access
|
All Others
| ||
Minimum distance between center lines
of intersections
|
600 feet
|
350 feet
|
250 feet
|
125 feet
|
800 feet
|
(5)
Multiple intersections. Intersections involving the
junction of more than two streets shall be prohibited.
(6)
Clear sight triangles.
(a)
Proper sight lines must be maintained at all
street intersections. Measured along the center line of the street,
there shall be a clear sight triangle with sides in accordance with
Table 10. D is measured from the intersection of the street center
lines along the center line of each street.
[Amended 12-1-2008 by Ord. No. 2008-17]
Table 10. Clear Sight Triangles
| ||
---|---|---|
Type of Street
|
Clear Sight Triangle Side
(feet)
| |
Highway or arterial collector
|
150
| |
Subcollector, access or nonresidential
|
75
|
(b)
No building, structure, planting or other obstruction
higher than three feet above the roadway grade shall be permitted
within the clear sight triangle. However, posts, utility poles and
trees not exceeding one foot in diameter may be permitted if not obstructing
the view of traffic.
(7)
Intersection safe stopping sight distance. All intersections
shall be designed to provide adequate sight distance with regard to
both horizontal and vertical alignment in accordance with A Policy
on Geometric Design of Highways and Streets, AASHTO, current edition.
F.
Street construction.
[Amended 12-1-2008 by Ord. No. 2008-17]
(1)
All street materials, construction procedures and
testing requirements shall conform to the current editions of PennDOT
Publications 408, 418, 203, 236M Standards for Roadway Construction
(RC) Series 10-104, Publication 111 Traffic Standards - Signing (TC)
Series 7700 and Traffic Standards Signs (TC) Series 7800, current
edition, including all supplemental specifications, circular letters
and amendments. All streets and related features shall be constructed
to the line, grade and dimensions shown on the plans, profiles, cross
sections and typical sections.
(2)
The pavement base and wearing surface shall be constructed
in accordance with the pavement sections in the following Table 11:
Table 11. Minimum Pavement Section
| ||||
---|---|---|---|---|
Material Specifications
| ||||
Street Classification
|
Subbase Material
|
Base Material
|
Binder Course
|
Wearing Course
|
State Route
|
As determined by the Board of Supervisors after
consultation with the Township Engineer and the Pennsylvania Department
of Transportation (PennDOT)
| |||
Arterial, collector and nonresidential
|
Subbase (No. 2A crushed aggregate), 6 inches
depth
|
SAMD HMA base course, PG 64-22, 0.3 to <
3 million ESALs, 25.0 mm mix, 5 inches depth
|
SAMD HMA binder course, PG 64-22, 0.3 to <
3 million ESALs, 12.5 mm mix, 2 inches depth**
|
SAMD HMA wearing course, PG 64-22, 0.3 to <
3 million ESALs, 9.5 mm mix, 1 1/2 inches depth, SRL*
|
Subcollector, access and alley
|
Subbase (No. 2A) crushed aggregate), 6 inches
depth
|
SAMD HMA base course, PG 64-22, 0 to < 0.3
million ESALs, 25.0 mm mix, 4 inches depth
|
SAMD HMA binder course, PG 64-22, 0.3 to <
3 million ESALs, 12.5 mm mix, 2 inches depth, or bituminous surface
treatment (PennDOT Pub. 408, Section 480)**
|
SAMD HMA wearing course, PG 64-22, 0.3 to <
3 million ESALs, 9.5 mm mix, 1 1/2 inches depth, SRL*
|
* Skid resistance level (SRL) determination.
| ||||
** Bituminous surface treatment or binder course
(as appropriate) must be installed before the first frost of the winter
season unless the road is overlaid with HMA wearing course.
| ||||
Two-Way Average Daily Traffic
|
SRL
|
Alternates
| ||
20,000 and above
|
E
|
None
| ||
5,001 to 20,000
|
H
|
Blend of E/M, blend of E/G
| ||
3,001 to 5,000
|
G
|
Blend of H/H, blend of E/L
| ||
1,001 to 3,000
|
M
|
Blend of H/L, blend of G/L, blend of E/L
| ||
0 to 1,000
|
L
|
Any
|
Blends are 50% by weight of each aggregate.
Blend the aggregates using an approved method.
|
A pavement design, in accordance with PennDOT
Publication 242, shall be required for all facilities or developments
that will generate a total of 100 or more equivalent 18-kip single-axle
loads (ESALs) in a given weekday in all directions. The pavement design
requirements will be determined by the Transportation Engineer and
will take into account the supporting road networks' capacity to handle
additional heavy vehicle loading. No proposed pavement section determined
by the pavement design may be less than the minimum requirements of § 1-73-25F(2).
|
A pavement design, in accordance with PennDOT
Publication 242, may be submitted for facilities or developments that
will generate less than 100 or more equivalent 18-kip single-axle
loads (ESALs) in a given weekday in all directions. The pavement design
requirements will be determined by the Transportation Engineer and
will take into account the supporting road networks' capacity to handle
additional heavy vehicle loading. The design will assume 300,000 equivalent
18-kip single-axle loads (ESALs) over 20 years. Also, the California
bearing ratio (CBR) determined in laboratory testing shall not exceed
a value of 10.
|
(3)
A pavement design, in accordance with PennDOT Publication 242, shall be required for all facilities or developments that will generate a total of 100 or more equivalent 18-kip single-axle loads (ESALs) in a given weekday in all directions. The pavement design requirements will be determined by the Transportation Engineer and will take into account the supporting road networks' capacity to handle additional heavy vehicle loading. No proposed pavement section determined by the pavement design may be less than the minimum requirements of § 173-25F(2).
(4)
A pavement design, in accordance with PennDOT Publication
242, may be submitted for facilities or developments that will generate
less than 100 or more equivalent 18-kip single-axle loads (ESALs)
in a given weekday in all directions. The pavement design requirements
will be determined by the Transportation Engineer and will take into
account the supporting road networks' capacity to handle additional
heavy vehicle loading. The design will assume 300,000 equivalent 18-kip
single-axle loads (ESALs) over 20 years. Also, the California bearing
ratio (CBR) determined in laboratory testing shall not exceed a value
of 10.
(5)
Stakeout.
(a)
All property pins or monuments will be witnessed
with suitable four-foot-high stakes before the beginning of construction.
(b)
All streets prior to being rough cut shall be
laid out in accordance with approved design plans, using hubs and
stakes set at fifty-foot intervals to provide both horizontal and
vertical control.
(6)
Excavation.
(a)
This work shall include excavation for roadways,
shoulders, ditches, drainage structures and stream channels.
(b)
During construction, excavation shall be graded
to drain to E & S controls and adequate receiving drainage facilities.
(c)
All suitable excavated materials as determined
by the Township may be used for the construction and preparation of
the roadway embankments, subgrade, shoulders, driveway approaches,
ditches, structures, stream channels and required backfilling.
(7)
Embankment.
(a)
Placement of embankment shall be in layers not
exceeding eight inches prior to compaction.
(b)
Material for the construction of embankment
shall consist of all excavation on the project except such materials
as may be determined to be unsuitable under PennDOT Publication 408,
current edition, and when required will include borrow excavation.
(8)
Subgrade.
(a)
Prior to preparation of the subgrade, install
all required underground utilities and storm drainage within the cartway.
Compact trench backfill in layers (eight-inch maximum).
(b)
No subbase or base course shall be placed on
wet, frozen or unsuitable material. Damaged areas of unsuitable material
shall be promptly and satisfactorily reshaped and recompacted or removed
and replaced. Unsuitable material includes sod, stumps, spongy soil
and excess rock.
(c)
Where necessary as determined by the Township
based on field conditions, provide proper underdrain to address springs,
spring-like conditions or spongy areas.
(d)
All large rocks, boulders or ledges shall be
broken off six inches below the improved subgrade surface.
(e)
All surface irregularities exceeding 1/2 inch
shall be corrected by loosening the surface and removing or adding
material as required. The corrected area and surrounding surface shall
be compacted by rolling.
(f)
Completed subgrade shall be maintained and protected
in advance of the succeeding operation.
(g)
Subgrade shall be inspected and approved by
the Township before placing of the base course.
(h)
Use all means necessary to control dust on and
near the work and on and near all off-site borrow areas if such dust
is caused by the contractor's operations during performance of the
work or is a result of the condition in which the contractor leaves
the site. Thoroughly moisten all surfaces as required to prevent dust
from being a nuisance to the public, neighbors and concurrent performance
of other work on the site.
(9)
Base course.
(a)
Base course material shall not be placed on
soft, muddy or frozen areas. Unsatisfactory base conditions shall
be corrected.
(b)
All foreign material shall be removed from the
base course prior to placing binder course.
(c)
The base shall be compacted with a vibrating
tamper or vibrating roller.
(d)
The base shall have binder applied as soon as
possible to avoid damage to the base.
(e)
The base course shall be inspected by the Township
prior to the placing of binder course.
(10)
Wearing course.
(a)
Wearing course shall not be installed until
a minimum of 75% of units within the current phase are completely
constructed, including all landscaping.
(b)
Base course and subsequent pavement layers shall
be inspected by the Township prior to placing the next appropriate
layer.
(c)
Provide bituminous tack coat as required.
(d)
Surface course shall be sealed using AC-20 where
it comes in contact with other structures, including curbs, inlets
and manholes.
(e)
Paving notches shall conform to PennDOT RC-28.
(11)
Shoulders. Shoulders shall be provided where
curbing is not required and shall conform to the same standards as
the adjoining road pavement section. Shoulders shall be provided by
approval of the Township Engineer and shall be consistent with the
"intended use" of the shoulder.
(12)
Curbs.
(b)
Other curbs shall only be installed at the discretion
of the Township, and the curb detail must be approved by the Township
Engineer.
(c)
Terminal concrete curb ends shall have an exposed
face of two inches and be tapered two feet.
(d)
Backfill must be placed within 48 hours after
form removal and this backfill shall be compacted in place along the
rear face to within six inches of the top of the curb.
(e)
When curbing is to be removed to construct a
driveway or access drive, the length of curbing to be removed shall
be carried to the nearest expansion joint or saw cut if the joint
is located more than five feet from the end of the curb removal. Curb
replacement shall be formed and shaped to the required driveway width.
The driveway or access drive shall be depressed to a height of 1 1/2
inches above the finishing paving grade in accordance with RC-64M.
Sawcutting of existing curbs along the road surface is not an allowable
substitute for a depressed curb per RC-64M.
(f)
No partial breaking out of the curb shall be
permitted without approval by the Township.
(g)
Curbs shall be inspected by the Township after
the forms have been placed, just prior to the pouring of concrete
and after completion of all work.
(h)
Curb cuts are permitted to allow overland flow
through swales for the purpose of disconnecting impervious surfaces.
Special design consideration is needed for swales at driveways and
sidewalks.
(13)
Underdrain.
(a)
Underdrain or combination storm sewer and underdrain
shall conform to PennDOT RC-30.
(b)
Underdrain or combination storm sewer and underdrain
shall be provided where directed by the Township and completed prior
to base course construction. At a minimum, underdrain or combination
storm sewer and underdrain shall be provided in all cut areas.
(14)
Sidewalks.
(a)
Sidewalks shall have a minimum of four inches
of Class A cement concrete and four inches of compacted stone base
(2A).
(b)
Sidewalks shall have a minimum depth of six
inches where traversed by a residential driveway and a minimum depth
of eight inches where traversed by a commercial driveway.
(c)
The minimum sidewalk width shall be five feet.
[Amended 6-4-2012 by Ord. No. 2012-08]
(d)
Sidewalks shall have a one-fourth-inch-per-foot
slope towards the street.
(e)
Curb ramps must be installed in accordance with
ADA requirements, including detectable warning surfaces consisting
of truncated domes per PennDOT RC-67M.
(f)
Alternate sidewalk material will be permitted
only where specifically authorized by the Township.
G.
Other street designs.
[Amended 9-16-1996 by Ord. No. 1996-10; 1-20-1997 by Ord. No. 1997-1; 12-1-2008 by Ord. No. 2008-17]
(1)
Temporary culs-de-sac.
(a)
Temporary culs-de-sac shall be permitted in
order to permit future street extensions into adjoining parcels that
are included in subsequent phases of the current plan. These temporary
culs-de-sac must be indicated on the plans and be constructed to the
same standard with right-of-way as required for a permanent cul-de-sac,
minus the curbing at the terminus of the cul-de-sac. However, curbing
may be required for drainage control. The temporary cul-de-sac shall
be removed by the developer extending the existing street. Dead-end
streets without culs-de-sac shall be prohibited.
(2)
Permanent culs-de-sac.
(a)
Culs-de-sac shall not be approved whenever a
through street or loop street is practicable. Culs-de-sac shall be
approved only where they are clearly the only practical design of
the subdivision.
(b)
Where the right-of-way approaches or abuts the
tract boundary, a fifty-foot right-of-way width shall be extended
to the adjacent property to permit future extension of the street
at full width unless future extension is clearly impractical, unnecessary
or undesirable.
(c)
Culs-de-sac shall be provided with a minimum
twenty-foot-wide by fifteen-foot-deep, as measured from the right-of-way,
snow dump area enclosed by an easement. If the cul-de-sac has curbing,
then the snow dump shall include a depressed curb. Any sidewalk that
will be driven upon to access the snow dump area shall be a minimum
eight inches in depth concrete.
(d)
The Township encourages cul-de-sac design to
include a curbed interior planting island, in which native vegetation
or landscaping has been retained or planted. The minimum radius of
the cul-de-sac shall be designed to adequately maneuver emergency,
maintenance, school bus and moving van vehicles. The minimum road
width shall be 20 feet. Traffic flow shall be in one direction in
a counterclockwise manner. The applicant must provide adequate traffic
signs. Interior planting islands shall be included within the right-of-way
area offered for dedication to the Township. Consequently, a maintenance
guarantee must be submitted for review, noted on the plan, and approved
by the Township. The applicant must provide off-street parking for
four vehicles per unit served by the cul-de-sac and provide "no parking"
signs.
(e)
The minimum cul-de-sac length is 250 feet. Culs-de-sac
shall not exceed 1,000 feet in length except for culs-de-sac serving
less than 15 dwelling units, which shall not exceed 1,500 feet.
(f)
Culs-de-sac shall not serve more than 25 units.
Emergency access must be provided for culs-de-sac serving more than
15 units.
(g)
Culs-de-sac shall be provided with a vehicular
turnaround having a right-of-way diameter not less than 116 feet and
a cartway diameter not less than 96 feet.
(3)
Single-access streets.
(a)
Single-access streets shall be approved only
where they are clearly the only practical design of the subdivision.
(b)
Where the single-access street right-of-way
approaches or abuts the tract boundary, a minimum fifty-foot-wide
right-of-way width shall be extended to the adjacent property to permit
future extension of the street at full width unless future extension
to the single-access street is clearly impractical, unnecessary or
undesirable.
(c)
The maximum center-line distance from a through
street to the vehicular turnaround of a cul-de-sac shall not exceed
1,000 feet in length except for single-access streets serving less
than 15 dwelling units where the maximum center-line distance may
not exceed 1,500 feet, unless a cul-de-sac intersects with the "loop"
of a loop street.
(d)
The maximum center-line distance from a through
street to the intersection of a loop road with itself shall not exceed
1,000 feet in length except for single-access streets serving less
than 15 dwelling units, where the maximum center-line distance may
not exceed 1,500 feet.
(e)
Where a cul-de-sac intersects with the "loop"
of a loop street, the maximum center-line distance along the cul-de-sac
to the vehicular turnaround shall not exceed 1,000 feet in length
except for single-access streets serving less than 15 dwelling units,
where the maximum center-line distance may not exceed 1,500 feet and
the maximum center-line distance from a through street to the intersection
of a loop road with itself shall not exceed 1,000 feet in length except
for single-access streets serving less than 15 dwelling units, where
the maximum center-line distance may not exceed 1,500 feet.
(f)
The minimum single-access street length is 250
feet.
(g)
The minimum center-line distance of a loop road
is 250 feet.
(h)
The maximum center-line distance of a loop road
between the center line intersection with itself and the terminus
is not defined.
(i)
Single-access streets shall not serve more than
25 units. Emergency access must be provided for single-access streets
serving more than 15 units.
H.
Boulevard entrances.
[Added 12-1-2008 by Ord. No. 2008-17[3]]
(1)
Width. The minimum full-depth pavement width shall
be 20 feet on each side of the interior island.
(2)
Right-of-way. The right-of-way width shall extend
to a point 10 feet beyond the edge of curbing, to allow room for potential
sidewalks.
(3)
Terminus. The boulevard shall terminate at a point
clearly designed to allow for uninterrupted access by emergency vehicles
without crossing into oncoming traffic lanes.
(4)
Interior island. The Interior island shall be a minimum
ten-foot width, curbed and included within the right-of-way area offered
for dedication. However, provide a note on the plan and a suitable
maintenance agreement requiring maintenance by other than the Township.
I.
One-way street.
[Added 12-1-2008 by Ord. No. 2008-17]
(1)
No parking shall be permitted on either side of a
one-way street, and the street shall be signed as such. The minimum
pavement width shall be 20 feet.
J.
Street names and signs.
(1)
Proposed public streets which are obviously in alignment
with other existing named streets shall bear the names of the existing
streets.
(2)
In no case shall the name of the proposed street duplicate
an existing public street name in the Township or in the postal district,
irrespective of the use of the suffix "street," "road," "avenue,"
"boulevard," "drive," etc.
(3)
All public street names shall be subject to the approval
of the Board upon recommendation of the Planning Commission, the Fire
Company, the post office and the Dauphin County Emergency Management
Agency.
(4)
Street name signs shall be placed at all existing
and proposed intersections and shall be visible from both directions.
All intersections shall have both street names on all sign posts.
[Amended 5-19-2003 by Ord. No. 2003-5; 12-1-2008 by Ord. No.
2008-17]
(5)
Street signs shall be installed and approved prior
to occupancy of the first dwelling on the new street.
[Added 12-1-2008 by Ord. No. 2008-17]
(6)
The type of sign, location and installation shall
meet the current federal MUTCD (Manual on Uniform Traffic Control
Devices) Section 2D.43 standards and be approved by the Township Engineer
and meet the following standards (as of 4/3/12):
[Added 12-1-2008 by Ord. No. 2008-17; 6-4-2012 by Ord. No. 2012-09]
(a)
Size: 48 inches maximum width by nine inches
in depth. Lettering for post-mounted signs: six inches, all uppercase,
with four-inch suffix "St., "Ave." etc.
(b)
For overhead street name signs: lettering should
be composed of uppercase letters at least 12 inches in height and
lowercase at least nine inches.
(c)
Post material: Type B breakaway system as approved
by PennDot and listed in Publications 408, 108, and 111.
(d)
Sign material: Class 3 reflective sheeting on
aluminum blank as approved by PennDOT and listed in Publication 35.
(e)
Color: white legend and border on green background.
(f)
Height: seven feet from the ground to the bottom
of the sign.
(g)
Font: Clearview Highway.
K.
Streetlights.
(1)
For the safety, convenience and attractiveness of
land developments or subdivisions with six or more lots, on-site or
public streetlights shall be installed.
(2)
Standards. Streetlights shall be installed to meet
the American National Standard RP-8, Roadway Lighting, developed by
the Illuminating Engineering Society of North America (IES). In addition,
streetlights shall meet the following footcandles. The most restrictive
standard shall apply.
Type of Street
|
Footcandles
| |
---|---|---|
Local streets
|
.372
| |
Collector streets
|
.5557
| |
Major or arterial streets
|
.836
|
(3)
Where electric service is supplied by underground
methods, the subdivider shall provide and install conduits where necessary
to accommodate the installation of a streetlighting system, prior
to the installation of streets, curbs, sidewalks and driveways. Installation
and location of conduits shall comply with the specifications of the
appropriate public utility.
L.
Driveways.
(1)
Private driveways shall be provided for all residences
and shall provide safe access to Township and state roads, not impede
the flow of stormwater runoff and assure sufficient area for and access
to off-street parking.
(2)
At the discretion of the Board, shared driveways may
be permitted for use by a maximum of four adjacent lots, each of which
shall have the required street frontage for the applicable zoning
district or as required for interior lots. An ownership and maintenance
agreement for the driveway, approved by the Township Solicitor, shall
be required. Shared driveways shall not be less than 12 feet in width
and they shall be located in a right-of-way at least 25 feet wide.
(3)
Grade. The driveway within the legal right-of-way
of any Township or state road shall not exceed a grade of 5%. The
remaining driveway beyond the right-of-way shall not exceed a grade
of 12%.
(4)
Material. The minimum required paved area of a single-family
or two-family residential driveway shall consist of one of the following
materials and be in accordance with § 195-138 of the West Hanover
Township Zoning Ordinance:
[Amended 1-20-1997 by Ord. No. 1997-1; 12-1-2008 by Ord. No. 2008-17]
(a)
Bituminous surface constructed with six inches
of 2A subbase and Superpave asphalt mix design, hot mix asphalt wearing
course, PG 64-22, 0.3 to < 3 million ESALs, 9.5 mm mix, 2.5 inches
depth, SRL-L (minimum).
(b)
Brick paver designed for single-axle trucks.
Construction specifications must be submitted and approved by the
Township.
(c)
Reinforced pavement systems, such as geoblocks,
designed for single-axle traffic. Construction specifications must
be submitted and approved by the Township.
(d)
At a minimum the pavement within the right-of-way
shall match the existing road pavement.[4]
[4]
Editor's Note: Former Subsection L(5), Material,
added 1-20-1997 by Ord. No. 1997-1, which immediately followed this
subsection, was repealed 12-1-2008 by Ord. No. 2008-17. This ordinance
also provided for the redesignation of former, Subsection L(6) through
(11) as Subsection L(5) through (10), respectively.
(5)
Width. No driveway shall be less than 12 feet wide
within the limits of the legal right-of-way.
(6)
Drainage. The gutter line, wherever possible, shall
be maintained as a paved swale and shall have a minimum depth of four
inches and a minimum width of 24 inches. Where required by the Township,
culverts or pipes shall be installed under driveways to provide unobstructed
flow of water in swales and shall be approved by the Township Engineer.
Also, driveway longitudinal drainage shall be provided as needed.
[Amended 12-1-2008 by Ord. No. 2008-17]
(7)
Angle of intersection. The desirable intersection
angle of the center line of the driveway and the street shall be 90º.
However, when 90º is not practicable, the minimum angle between
the driveway and the street shall be not less than 75º.
(8)
Curbs. All driveways in curb areas must have a depressed
curb at the driveway entrance in accordance with RC-64M, PennDOT Publication
72.
(9)
For new or expanded driveways not associated with
new home construction, a zoning permit is required prior to the start
of construction of any driveway. The Township will inspect the proposed
driveway location to determine whether a drainage pipe or other facility
is required to provide proper drainage. If a drainage pipe is required,
it shall be as required by the Township and shall be installed by
the applicant. The applicant shall also be responsible for any additional
grading required by the Township to maintain proper drainage.
[Amended 12-1-2008 by Ord. No. 2008-17]
A.
Curbs.
(1)
Curbs must be installed in residential developments
with greater than six lots which have a typical lot width of 100 feet
or less at the street line, or in commercial and industrial areas
at the discretion of the Township. Curbs must be installed on both
sides of the interior streets and on the side of streets which bound
the development. Curbs may also be required in developments where
lot widths are greater than 100 feet if the character of the neighborhood
is such that they are considered necessary to control stormwater runoff,
prevent erosion, prevent deterioration of streets or provide safety.
(2)
Parking
lot curbs may have depressed sections to allow stormwater into rain
gardens. Bumper stops shall be provided for each parking space where
large sections of depressed curbs are used for sheet flow off a parking
area onto infiltration areas.
[Added 7-6-2010 by Ord. No. 2010-07[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection A(2) as Subsection A(3).
(3)
Refer to § 173-25F(12) for curb construction specifications.
B.
Gutters. In areas where curbing is not required, suitable
gutters, swales or ditches must be installed to avoid erosion and
must be of sufficient cross section to permit the unimpeded flow of
stormwater. The Township may require the installation of curbs and/or
gutters in any development where the evidence indicates that such
improvements are necessary for proper drainage.
[Amended 7-20-1998 by Ord. No. 1998-7]
A.
Requirements. In addition to § 195-126 of Chapter 195, Zoning, sidewalks shall be installed as follows:
(1)
In residential developments with greater than six
lots, which have a typical lot width of 100 feet or less, at the street
line.
(2)
Sidewalks shall be required in developments where
lot widths at the street line are greater than 100 feet and the character
of the neighborhood is such that they are considered necessary.
(3)
Sidewalks shall be required in circumstances where
it would be desirable to link sidewalks in existing, adjoining or
proposed developments.
(4)
Sidewalks shall be required in circumstances where
it would be desirable to connect sidewalks to community facilities
such as schools, bus stops, shopping areas, restaurants and recreation
areas.
[Amended 7-6-2010 by Ord. No. 2010-12]
(5)
Sidewalks
and pedestrian pathways shall be required in areas where they would
provide safer avenues of personal exercise (walking, jogging, bicycling,
etc.) within a neighborhood or extended community, and not purely
as a destination between two points.
[Added 7-6-2010 by Ord. No. 2010-12]
(6)
Sidewalks
and pedestrian pathways shall be required in areas where they would
reduce future dependency on motorized vehicles for local travel within
the nearby community.
[Added 7-6-2010 by Ord. No. 2010-12]
B.
Placement.
(1)
All sidewalks must be constructed no closer than one
foot to the street right-of-way line and extended toward the curb
or gutter line. A grass-planting strip, not less than two feet in
width, shall be provided between the curb or roadway edge and the
sidewalk.
(2)
Sidewalks must be installed on both sides of the interior
streets and on one side of streets which bound the developments.
(3)
The Township may waive requirements for sidewalks
on one or both sides of the street where pedestrian interior pathways,
in the judgment of the Township, better serve the needs of the subdivision
or land development.
C.
Construction specifications.
[Amended 7-6-2010 by Ord. No. 2010-12]
(1)
Sidewalks shall be constructed in accordance with § 173-25F(14) of this article. Pervious concrete should be considered as a materiel of choice where expected lot impervious coverage is greater than 25%.
(2)
Pedestrian
bridges, when not part of a roadway bridge, shall be approved by the
Township Engineer.
D.
Maintenance. Maintenance of sidewalks shall be the
responsibility of the property owner.
E.
Pedestrian pathways.
[Amended 7-6-2010 by Ord. No. 2010-12]
(1)
Pedestrian pathways, in accordance with § 195-88E of Chapter 195, Zoning, shall be provided to provide improved circulation or access within or between developments and to schools, playgrounds, parks, shopping centers, restaurants, transportation, open spaces and other facilities.
(2)
Pedestrian
path easements must be at least 10 feet in width and have a travel
surface of a least five feet in width. A minimum ten-foot right-of-way
shall be provided for pedestrian paths which may be located along
the rear or side property lines.
(3)
All
pedestrian paths shall be constructed of a stone subbase and a paved
walking surface, with adequate stormwater drainage along side and
under the path, in accordance with the Township pedestrian path plan
and/or the discretion of the Township Engineer. (See Exhibits X, XI,
XII for examples.[1]) Pervious pavement should be considered as a material
of choice.
[1]
Editor's Note: Exhibits X, XI and XII are included at the
end of this chapter.
A.
Specifications. Monuments and markers must be constructed
as follows:
Table 12. Monument and Marker Specifications
| |||
---|---|---|---|
Material
|
Minimum Size
| ||
Monument
|
Concrete
|
4 inches by 4 inches by 30 inches
| |
Marker
|
Iron pipes or iron or steel bars
|
15 inches by 3/4 inch (diameter)
|
B.
Placement and marking. Monuments and markers must
be placed by a registered engineer or surveyor so that the scored
or marked point coincides exactly with the point of intersection of
the lines being monumented. They must be set so that the top of the
monument or marker is level with the surface of the surrounding ground.
The monument must be permanently marked on top.
C.
Location of monuments. Monuments must be set:
(1)
At the intersection of lines forming angles in the
boundaries of the original tract of the development or subdivision.
(2)
On the right-of-way lines of the streets at the following
locations:
(a)
At least one monument at each intersection.
(b)
At changes in direction of street lines, excluding
curb arcs at intersections.
(c)
At each end of curbed street line, excluding
curb arcs at intersections.
(d)
An intermediate monument wherever topographical
or other conditions make it impossible to sight between two otherwise
required monuments.
(e)
At such other places along the line of streets
as may be determined by the Township to be necessary so that any street
may be readily defined in the future.
(3)
The concrete monuments must be installed and inspected
by the Township prior to final plan approval. However, a modification
of requirements can be requested to post financial security in lieu
of installing monuments if it is determined that the monuments would
be disturbed by construction activities.
(5)
Removal. Any monuments or markers that are removed
must be replaced by a registered engineer or surveyor at the expense
of the lot owner or person removing them.
[Amended 3-21-2005 by Ord. No. 2005-3]
A.
For earth disturbance activities of 5,000 square feet
or more, an erosion and sedimentation control plan must be submitted
to and approved by the Dauphin County Conservation District in accordance
with Chapter 102 regulations, Section 102.4.b.
B.
For earth disturbance activities of one acre or more,
an NPDES general permit or individual permit must be obtained from
the Dauphin County Conservation District and/or Pennsylvania Department
of Environmental Protection.
C.
During
construction, any earth disturbance activities of one acre or more
shall be required to meet the same stormwater peak flow requirements
as post-construction stormwater.
[Added 6-4-2012 by Ord. No. 2012-10[1]]
E.
The above approvals and/or permits must be obtained
prior to approval of the final subdivision or land development plan
and prior to the commencement of earth disturbance activities.
F.
Besides
subdivision and land development, erosion and sedimentation control
permits may also be required for installation of stormwater facilities,
forestry activities, large individual residential construction, land
clearing, and other earth disturbance.
[Added 7-6-2010 by Ord. No. 2010-09]
G.
Any earth
disturbance activity which requires a permit which results in either
soil piles or barren ground shall require piles or barren ground to
be seeded within 20 days of formation, if no land development activities
are present on the site.
[Added 7-6-2010 by Ord. No. 2010-09]
A.
The applicant must determine if wetlands exist on
the property in the proposed subdivision or land development. The
applicant must also determine if any wetlands will be impacted off-site
from the property. This determination shall be made in accordance
with the current requirements of the Department of Environmental Protection
(DEP) and the United States Army Corps of Engineers (USCOE).
B.
If there are no wetlands on the property and no wetlands
will be impacted off-site, then the following certification note must
be placed on the plan:
"I, (signature of consultant and date), hereby
certify that there are no wetlands on the subject property, the proposed
project will not impact off-site wetlands, and wetland permits are
not required from the state or federal government."
|
C.
If there are wetlands on the property and/or wetlands
will be impacted off-site, then the following is required:
(1)
A wetland study must be submitted to the Township
prepared in accordance with the current requirements of the DEP and
USCOE and the following:
(2)
A drawing (scale one inch equals 100 feet), on a sheet
or series of sheets no larger than 17 inches by 22 inches in size,
containing the following information:
(a)
The outline of the property and area being studied.
(b)
Wetlands from the National Wetlands Inventory
(NWI) and Dauphin County Soil Survey, delineated.
(c)
The extent and type of hydric soils, delineated
and identified using the Hydric Soils of Dauphin County.
(d)
The extent of hydrophytic plans delineated and
identified.
(e)
Streams, watercourses and floodplains delineated
and the hydrology of the area.
(f)
Wetland delineation.
(g)
Drawing scale.
(h)
Property tax number.
(3)
A copy of any required completed permit applications
such as a water obstruction and encroachment permit or general permit
from the DEP and a Section 404 permit from USCOE.
(4)
Wetlands shall be verified by a site visit.
D.
The following certification notes shall be placed
on the subdivision or land development plan sheet that will be recorded
and the notes shall also be placed on the plan included in the wetlands
study:
(1)
"I, (signature of consultant and date), hereby certify
that a wetlands study was conducted in accordance with Township, state
and federal requirements and this plan accurately depicts the extent
of those wetlands."
(2)
"I, (signature of applicant and date), hereby certify
that I am in receipt and aware of the results of the wetlands study."
E.
Any approval by the Township shall be contingent on
full compliance with any requirements of any regulatory agency, and
no action by the Township shall be relied on in lieu of a permit issued
by the appropriate agency.
A.
The Township may require that any subdivision of more
than six lots, and which includes a new public road, be provided with
underground water storage reservoirs for fire protection.
B.
A maximum of one ten-thousand-gallon reservoir per
up to 10 lots may be required. Reservoirs shall be located in the
public right-of-way or on private lots with easements to be approved
by the Township Solicitor. Reservoir locations shall be approved by
the Township and Fire Company. Fire protection reservoirs shall be
public improvements and shall be maintained by the Fire Company.
C.
Reservoirs shall be fiberglass or other approved material
installed to the standards required for oil storage tanks. Design
and installation shall be approved by the Township and the Fire Company.
D.
Reservoirs shall have a standpipe and a fill valve
designed and installed to specifications approved by the Fire Company.
E.
Reservoirs shall be included among the improvements
which require Township inspection during construction. Inspections
shall be conducted by the Township and the Fire Company. Before acceptance
of improvements by the Township and issuance of occupancy permits,
reservoirs shall be inspected and tested by the Fire Company and an
approval issued, in writing, by them.
F.
Where a proposed subdivision includes an existing
or proposed pond, a dry hydrant may be required by the Township. Hydrants
shall be installed at the edge of the right-of-way of a street and
shall be of a material and shall have a connection approved by the
Fire Company.
A.
Each new dwelling created within the Township shall
be individually self-sufficient for water supply, and the water supply
system shall be public, community or individually owned, maintained
and operated by the owners of each dwelling. Individual or community
wells may be located within the undivided open space, with appropriate
easements, at the discretion of the Township.
B.
The provisions of this section are intended to ensure
that each dwelling unit and each commercial or industrial building
in all subdivisions and land developments hereafter granted approval
shall have an adequate supply of potable water for domestic use and,
where feasible, for fire protection.
C.
Water facilities feasibility report.
(1)
A feasibility report concerning the availability and/or
adaptability of water facilities in or near a proposed land development
shall be prepared and submitted to the Township in the following cases:
(2)
This report shall be prepared by a professional engineer
licensed in the State of Pennsylvania. Two copies of the report shall
be submitted in conjunction with the preliminary plan. The Township
Codes and Zoning Officer shall distribute one copy of the report to
the Township Engineer for his review and recommendation. Water facilities
will be provided in accordance with the water facilities feasibility
report. Where there is a choice, the desired alternatives in descending
order are public, community and private.
(3)
The feasibility report shall consist of an examination
of the possible use of an on-site water supply system(s) and the impact
of such system(s) on groundwater supplies, or connection to an existing
water supply system or the construction of a central community system.
The report shall include the distance from the nearest public water
system and the capacity of the existing system to accommodate the
proposed land development, where applicable.
D.
On-lot water supply. Where there is no existing public
water supply and the feasibility report indicates that connection
to a public water supply system and a central community system is
not feasible, each lot in the development must be provided with an
individual on-lot water supply system in accordance with minimum standards
approved by the Pennsylvania Department of Environmental Protection.
The Board of Supervisors shall approve the use of individual on-lot
water supply systems (wells) when:
(1)
This report indicates that justification of the project
necessitates consideration of this type of water supply.
(2)
The anticipated water supply yield is adequate for
the type of development proposed.
(3)
The installation of such systems will not endanger
or decrease the groundwater supplies to adjacent properties.
E.
Public water supply.
(1)
Where there is an existing public water supply system within 500 feet of a proposed subdivision of two lots or within 1,000 feet of a proposed land development with 5,000 square feet or more of existing and/or proposed impervious coverage, or a subdivision of three lots or more, and such existing system has adequate planned capacity and is willing to serve that subdivision or land development, a complete water supply system connected to the existing public water supply system must be provided. Fire hydrants must be installed in accordance with § 173-32F(5).
(2)
Where plans approved by a public water supplier provide
for the installation of such public water supply facilities within
four years, the developer shall provide a complete water supply system
ready to be connected to the proposed water main supply system.
(3)
Where connection to a public water supply is possible
or feasible, the plan for the installation of such water supply system
must be prepared for the development with cooperation of the appropriate
water utility company and approved by the Township Engineer. Upon
completion of the water supply system, a reproducible as-built plan
of the system must be filed with the Township.
F.
Central community water supply.
(1)
The design and installation of central community water
supply systems shall be subject to the approval of the Board and of
the Pennsylvania Department of Environmental Protection (PADEP), and
such system shall be further subject to satisfactory provisions for
its maintenance. Standards and materials for the construction of any
central water supply system shall meet or exceed those requirements
described in the Public Water Supply Manual of the PADEP and shall
be subject to the approval of the Township Engineer. Where a permit
is required by said Department, it shall be presented as evidence
of such review and approval before construction commences.
(2)
Ownership and maintenance of central community water supply and distribution systems shall be the responsibility of an organization formed and operated in accordance with the provisions of § 173-34 of this chapter.
(3)
Wherever a central community water supply system is
proposed for a development, a distribution system shall be designed
to furnish an adequate supply of water to each lot, with adequate
water main sizes and fire hydrant locations to meet the specifications
of the Middle States Department Association of Fire Underwriters.
(4)
The developer shall be required to show proof through
a water feasibility study that the central community water system
will have an adequate supply of potable water for domestic or other
proposed use and that each unit or building will have an adequate
supply for purposes of fire protection and that such system meets
the minimum standards controlling water storage and production capabilities
for domestic and fire use. A technical study shall be submitted for
Township and Township Fire Company or Public Safety Advisory Board
review which shall include information as described in the Public
Water Supply Manual of the Pennsylvania Department of Environmental
Protection as well as other information as may be required by the
Township Fire Company or PADEP.
[Amended 7-6-2010 by Ord. No. 2010-06]
(5)
Wherever a central community water system is provided,
fire hydrants suitable for the coupling of equipment serving the Township
shall be installed as specified by the Insurance Services Offices
of Pennsylvania. Location of hydrants shall be approved by the Township
upon review and recommendation by the Township Fire Company or Public
Safety Advisory Board.
[Amended 7-6-2010 by Ord. No. 2010-06]
(a)
Generally, all fire hydrants will be located
on an eight-inch line or a looped six-inch line. Where a dead-end
line is required to contain a fire hydrant, the portion of the line
between the main loop and the hydrant shall be an eight-inch minimum
diameter.
(b)
Fire hydrants shall be spaced in a development
so that all proposed building(s) will be no more than 600 feet from
the hydrant measured along traveled ways.
(c)
All central water systems must provide a minimum
of 500 gpm at a residual pressure of 20 pounds per square inch for
a two-hour period.
A.
Each new dwelling created within the Township shall
be individually self-sufficient for sewage disposal and the sewage
disposal system shall be public, community or individually owned,
maintained and operated by the owners of each dwelling. Individual
or community sewage facilities may be located within the undivided
open space, with appropriate easements, at the discretion of the Township.
B.
All final plan submission shall include completed
Sewage Facilities Planning Modules for land development provided by
PADEP. The final plan review process shall not commence until completed
Planning Modules have been submitted, including test pit and percolation
test information for each proposed lot. The commencement of the final
plan review process shall thus coincide with the commencement of the
Planning Module review process.
(1)
Planning Module review shall be in accordance with
the Pennsylvania Sewage Facilities Act of 1965, P.L. 1535, No. 537,
as amended;[1] PADEP's Chapter 71 regulations, Administration of Sewage
Facilities; the Township's 537 Plan; and this and other Township ordinances.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
C.
The Planning Module, copies of Form A, Notification
of Potential Effect of Proposed Action on Archaeological and Historical
Resources, and all related correspondence to and from the Pennsylvania
Historic and Museum Commission (PHMC) shall be forwarded to the Township
Historical Commission and the Planning Commission. Such copies shall
be forwarded to the Township within one week of sending or receipt
of these materials by the applicant.
D.
Measures to mitigate the impact of the proposed development
upon archaeological and historic resources, agreed to with PHMC, shall
be reviewed by the Township during the plan process, shall meet the
requirements of Township ordinances and shall be subject to review
and approval by the Board.
E.
The developer shall provide the most advanced and
highest type of sanitary sewage disposal facility consistent with
existing physical, geographical and geological conditions of the site,
and in conformance with all applicable Township, state, county and
federal ordinances and/or regulations.
F.
Based upon the results of the Planning Module, public,
community or individual sewage service facilities must be provided.
G.
On-lot sewage disposal systems.
(1)
Where public sanitary sewers are not feasible, the
use of on-lot sewage disposal systems shall be permitted. The use
of such on-lot systems is governed by regulations of the PADEP and
enforced by the Township Sewage Enforcement Officer (SEO).
(2)
Prior to the approval of any plan showing on-lot sewage
disposal systems, the developer shall have had soils testing performed
on each lot to determine the suitability for such systems, and shall
have secured the approval of the Township SEO and/or PADEP through
the use of a Planning Module for Land Development. Each on-lot sewage
disposal system must be inspected and approved by the Township SEO
and/or PADEP.
(3)
An individual sewage disposal system shall be located
on the lot which it serves, or within adjacent open space that is
designated for that purpose.
H.
Public sanitary sewers.
(1)
A subdivision of three or more lots or land development
that is proposed within the Ultimate (twenty-year) Service Area designated
within the Act 537 Plan shall connect to the public sanitary sewer
system.
(2)
If connection to a public sanitary system is proposed,
a written application requesting the allocation and reservation of
sanitary sewer capacity for the development must be submitted with
the preliminary plan (where such reservation is required).
(3)
The design and construction of the public sanitary
sewer system shall be in accordance with the following:
(a)
Construction of the system shall be at the developer's
own expense and shall not commence until application has been made
to, and written authorization to proceed with such construction has
been obtained from, the Township. The plan for the installation of
a sanitary sewer system must be prepared for the development and approved
by the Township Water and Sewer Authority and the DEP, when applicable.
All construction shall be in conformance with such approved plans
and specifications. Upon completion of the sanitary sewer installation,
a reproducible as-built plan of the system must be filed with the
Township.
(b)
Pipe sizes for sanitary sewer mains and sewer
laterals and locations for manholes shall meet current Township Water
and Sewer Authority specifications. The Township Water and Sewer Authority
must inspect the sewer line before it is covered.
(c)
Sanitary sewers shall not be used to carry stormwater.
I.
Community sewage systems.
(1)
Community sewage systems shall be permitted if it
can be shown that such an approach would provide more reliable and
effective treatment of waste than individual on-lot systems or a community
system is required as part of open space planning.
(2)
Community sewage systems may be installed only in subdivisions of six lots or more. The maximum permitted building density, as required by provisions of Chapter 195, Zoning, shall not be permitted to be altered by installation of a community sewage system.
(3)
Systems shall be approved by and permission to construct
any facility shall be received from the DEP prior to construction.
(4)
The community sewage system shall be located on a
separate lot under the ownership of an organization approved by the
Township. The lot shall be used solely for the community service system
and for no other purposes except passive or active recreation, silviculture,
horticulture and similar uses. The area of the lot shall be of sufficient
size to accommodate the system, the required area for a complete alternate
or replacement system and all required setbacks.
(5)
All facilities shall be set back a minimum of 100
feet from the property lines of the tract, private lots or from buildings.
The limits of spray fields of a spray irrigation system shall be set
back a minimum of 200 feet from property lines of the tract, private
lots or from buildings, or the requirements of PADEP, whichever is
greater.
(6)
A Level Three planting screen in accordance with Chapter 195, Zoning, shall be provided to buffer the facility from private lots and adjacent tracts.
(7)
Ownership and maintenance of all systems and property shall be the responsibility of an organization formed and operated in accordance with the provisions of § 173-34 of this chapter.
(8)
The Township shall have the right to professionally
inspect and test community service systems at any time. The Township
may require the owner to provide the results of regular professional
testing of the system when the Township deems necessary. The costs
of inspections and testing shall be the responsibility of the owner.
J.
All sewage service facilities shall be constructed
and maintained in compliance with the Township's Sewage Facilities
Plan.
A.
Ownership standards. Facilities to be held in common,
such as central community water supply or community sewage service
systems, shall be held using one of the following methods of ownership
subject to the approval of the Board:
B.
Homeowners' association regulations. The following
regulations shall be considered minimum standards governing the homeowners'
association:
(1)
Bylaws describing the formation and the duties of
the association, including the responsibilities for maintenance of
the common open areas, shall be defined and presented to the Township
for review and approval as part of the final plan submission.
(2)
Membership shall be mandatory by all residents served
by the facility. Membership and voting rights shall be defined.
(3)
Rights and duties of the Township and members of the
association, in the event of a breach of the covenants and restrictions,
shall be defined.
(4)
The bylaws shall include a statement which grants
to the association the legal authority to place liens on the properties
of members who are delinquent in the payment of their dues. The bylaws
shall also grant the Township such power, but not the duty, to maintain
the common facilities, and to assess the cost of the same as provided
within the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
Maintenance standards.
(1)
The common facility shall be operated and maintained
by a professional organization specializing in the required services
and approved by the Board. The agreement between the association or
condominium and the professional organization shall be subject to
review by the Township Solicitor and approval by the Board.
(2)
The Township shall, upon request, be given access
to all records of the association or condominium and all records of
the professional organization relating to the common facility.
(3)
Delinquency. In the event that the association or
condominium established to own and maintain the common facility, or
any successor organization, shall at any time after the establishment
of the common facility fail to maintain said facility in reasonable
working order and condition in accordance with established standards,
guidelines and agreements, the Board may serve written notice upon
the association or condominium and/or the residents served by the
common facility, stating:
(4)
Public hearing. At such a hearing, the Board may amend
the terms of the original notice concerning the deficiencies and may
give an extension of time within which they shall be corrected. If
the deficiencies or any modifications thereof were not corrected within
30 days of the notice of delinquencies referred to above or within
any extension, the Township may enter upon the common facility and
maintain the same for a period of one year. Said maintenance by the
Township shall not constitute a taking of said common facility, nor
vest in the public any rights to use the same. Maintenance of the
common facility shall include all activities related to operation
of the facility, including but not limited to administration, assessing
and collecting of fees, testing and necessary improvements.
(5)
Burden of proof. Before the expiration of said year,
the Township shall, upon its initiative or upon request of the association
or condominium, call a public meeting upon notice to the association
or condominium and to the residents served by the facility. At the
hearing, the association or condominium or the residents shall show
cause why such maintenance by the Township shall not, at the option
of the Township, continue for a succeeding year. If the Board shall
determine that the association or condominium is ready, willing and
able to maintain said common facility in reasonable working order
and condition, the Township shall cease to maintain the common facility
at the end of said year. If the Board shall determine that the association
or condominium is not ready, willing and able to maintain said common
facility in a reasonable working order and condition, the Township
may, in its discretion, continue to maintain said common facility
during the next succeeding year and, subject to a similar hearing
and determination, in each year thereafter.
(6)
Any and all costs to the Township incurred as a result
of maintenance of the common facility and any additional penalties
or fees set by the Township shall be paid by the association or condominium
and the residents served by the facility. Any invoices from the Township
for such costs which remain unpaid following a period of 45 days,
shall be subject to an increase of 1.5% per month (18% annually) and
a lien which shall be filed against the premises of the owner or resident
in the same manner as other municipal claims.
A.
Underground wiring.
(1)
All electric, telephone, television and other communication
facilities, both main and service lines servicing new developments,
shall be provided by underground wiring within easements or dedicated
public rights-of-way unless special conditions require otherwise.
Utilities shall be installed in accordance with the prevailing standards
and practices of the utility or other companies providing such services.
(2)
Lots which abut existing easements or public rights-of-way
where overhead electric or telephone distribution supply lines and
service connections have been previously installed may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities' overhead lines shall be
installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
(3)
Where overhead lines are permitted as the exception,
the placement and alignment of poles shall be designed to lessen the
visual impact of overhead lines as follows: Alignments and pole locations
shall be carefully routed to avoid locations along horizons; clearing
swaths through tree areas shall be avoided by selective cutting and
a staggered alignment; trees shall be planted in open areas and at
key locations to minimize the view of the poles and the alignments;
and alignments shall follow rear lot lines and other alignments where
possible.
(4)
Year-round Level Three screening in accordance with Chapter 195, Zoning, of any utility apparatus appearing above the surface of the ground, other than utility poles, shall be required.
(5)
All underground utilities shall be put in place, connected
and approved before the streets are constructed, where such utilities
lie under the proposed cartway, and before any person is permitted
to occupy any building to be served by such utility.
B.
Underground utility notifications. In accordance with
the provisions of PA Act 38, as amended,[1] any applicant shall contact all applicable utilities and
accurately determine and show the location and depths of all underground
utilities within the boundaries of the tract proposed for development
and in the vicinity of any proposed off-site improvement, prior to
excavation. A list of all the applicable utilities, their telephone
numbers and the PA One Call Service Number shall appear on the cover
page of plans submitted for review.
[Amended 7-6-2010 by Ord. No. 2010-08]
[1]
Editor's Note: See 73 P.S. § 176
et seq.
C.
Aboveground
utilities. Not withstanding vertical separation distance required
by the utilities, no line shall sway closer than 15 feet above the
ground directly below the wire at any point along the line.
[Added 7-6-2010 by Ord. No. 2010-08]
A.
Width and location. Easements with a minimum width
of 20 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 and for access to facilities.
Easements with a minimum width of 20 feet shall be provided for pedestrian
paths. Also, easements shall be provided for all stormwater management
facilities. Whenever possible, such easements shall be centered on
the side or rear lot lines or along the front lines.
B.
Petroleum, gas and electric transmission lines. Where
any petroleum, petroleum products, natural gas or electric transmission
line traverses a subdivision or a land development, the developer
shall confer with the applicable transmission or distribution company
to determine the minimum distance which shall be required between
each structure and the center line of such transmission line. Additionally,
a letter from the owner of the transmission line stating any conditions
on the use of the parcel and the right-of-way width, or a copy of
the recorded agreement which shall contain the above data, shall be
required to be submitted with a preliminary plan application.
C.
Watercourse, drainage channel, stream, pond or lake.
A drainage easement shall be provided where a subdivision and/or land
development is traversed by a watercourse, drainage channel, stream,
pond or lake. The easement width shall be determined by the Township
Engineer and it shall conform substantially with the line of the watercourse,
drainage channel, stream, pond or lake, and its width shall be adequate
to preserve the unimpeded flow of natural drainage or for the purpose
of widening, deepening, relocating, improving or protecting such drainage
facilities or for the purpose of installing a stormwater sewer. Under
no circumstances shall the easement be less than 20 feet.
[Amended 3-5-2001 by Ord. No. 2001-3; 9-2-2008 by Ord. No.
2008-06]
A.
Purpose. All residential subdivisions or land development
plans submitted after the effective date of this chapter shall provide
for suitable open space and/or recreation land in the Township in
order to:
(1)
Ensure adequate recreational areas and facilities
to serve the future residents of the Township in accordance with the
Township's Comprehensive Recreation, Park, and Open Space Plan and
the Township Ped/Path Plan.
(2)
Maintain compliance with Township recreational standards
and similar guidelines as developed by the National Recreation and
Parks Association.
(3)
Reduce increasing use pressure on existing recreational
areas and facilities in the Township.
(4)
Ensure that all present and future residents have
the opportunity to engage in many and varied recreational pursuits.
B.
Exemptions from dedicating public land for public
recreation:
(1)
Any single- and/or multifamily residential subdivision
or land development plan for which preliminary or final plan has been
submitted prior to the effective date of this chapter which is ultimately
approved and development is substantially completed within five years
of approval.
(2)
Any residential subdivision or land development plan,
whether single, and/or multifamily, that contains less than 50 dwelling
units may be exempted by the Board of Supervisors from dedicating
land for recreational purpose, but shall pay the fee-in-lieu of land
dedication as provided by this chapter. Requests for the exemption
of land dedications shall be in writing to the Board of Supervisors.
(3)
Any nonresidential land development plan is exempted
from dedicating land for recreational purposes and shall be exempt
from paying the fee-in-lieu of land dedication. Mixed use developments
shall have the nonresidential component of the development exempt
from dedicating land for recreational purposes, and exempt from paying
the fee-in-lieu of dedicated land. The residential component of the
mixed use development shall be required to dedicate land and/or pay
the fee-in-lieu.
(4)
Minor subdivisions involving lot add-ons and yard
extensions with no new residential development shall be exempt from
land dedication. Requests for the exemption of land dedications shall
be in writing to the Board of Supervisors.
C.
Land requirements for public park and recreation land
(determining "N").
(1)
The amount of land in acres required to be provided
for recreational purposes for residential subdivisions or land development
plans not exempted from the provisions of this article is based on
the planned level of service (LOS) standard defined in the "Methodology
Report" of the West Hanover Township Recreation, Park and Open Space
Plan. The minimum land required to be dedicated for public parks shall
be calculated as follows:
(a)
Single-family residential developments. In the
case of a single-family subdivision or land development project, the
applicant shall provide a minimum of 0.06 acres (approximately 2,613.60
square feet) of public recreation land for each building lot or dwelling
unit.
(b)
Multifamily residential developments. In the
case of a multifamily land development project, the applicant shall
provide a minimum of 0.06 acres (approximately 2,613.60 square feet)
of public recreational land for each dwelling unit in the multifamily
development.
(c)
In mixed development projects involving any
combination of single-family, multifamily and/or nonresidential developments,
the applicant shall calculate the recreation land area requirements
for the residential component only in the calculation of land area
("N").
(2)
Land to be dedicated for public use shall conform to standards of the West Hanover Township Comprehensive Park, Recreation and Open Space Plan and/or Ped/Path Plan guidelines and § 173-37D of this chapter.
(3)
Such land set aside for recreation uses shall be suitable
to serve the purpose of active and/or passive recreation by reason
of its size, shape, location and topography in accordance with the
guidelines established in the Comprehensive Park, Recreation and Open
Space Plan and/or Ped/Path Plan and shall be subject to the approval
of the Board of Supervisors upon recommendation of the West Hanover
Township Parks and Recreation Board.
D.
Recreation land area and location criteria. The Township
Parks and Recreation Board, Planning Commission and the Board of Supervisors,
in exercising their duties regarding the approval of subdivision and
land development plans, shall consider the following criteria in determining
whether to approve the proposed location of public recreation land
within the applicant's subdivision or land development plans:
(1)
Recreation areas and ped/path system land.
(a)
Site or sites shall be in conformance with the
Township's Comprehensive Park, Recreation and Open Space Plan and/or
Ped/Path Plan.
(b)
Site or sites to be used by the public shall
be easily and safely accessible from all areas of the development
to be served, have good ingress and egress and have access to a public
road; however, no public road shall traverse the site or sites.
(c)
Site or sites shall have suitable topography
and soil conditions for use and development as a recreation area.
(d)
Recreation areas shall consist of one contiguous
tract of land with a minimum size of two acres.
(e)
Site or sites necessary for public park use
shall be suitable for development as a particular type of park may
warrant. The Township will categorize park sites using the standards
established by the National Recreation and Parks Association, as amended,
and the Township's Park and Recreation Plan [e.g., Park, Recreation,
Open Space and Greenway Guidelines (1996), Park Planning Guidelines
(2000)].
(f)
Applicants designing and developing public recreation
areas shall consider standards established by the National Recreation
and Parks Association or similar standards and provide evidence as
to how these standards were incorporated into the reservation and
design of public park land.
(g)
Site or sites for public use shall be easily
accessible to essential utilities, such as water, sewer and electric.
(h)
Site or sites designed for play fields and general
recreational uses shall meet minimum size requirements for usable
acreage with respect to National Recreation and Parks Association
standards with 75% of such area having a maximum slope of 5%.
(i)
If the site or sites have been disturbed or
altered prior to dedication, the applicant shall improve it (e.g.,
grading, topsoil replacement, seeding, etc.) as near as possible to
the condition acceptable to the Township for use as public parkland.
E.
Dedication of public recreational land to the Township.
(1)
The West Hanover Township Board of Supervisors shall
determine whether the land to be dedicated for public use is suitable
for public dedication and use. Prior to Board of Supervisor approval
of public recreation areas to be dedicated to the Township, the Township
Park and Recreation Board shall make its recommendation in writing
to the Board of Supervisors as whether the dedication should be accepted
by the Township based on the following standards:
(a)
Recreation land dedicated to the Township shall
serve a valid public purpose and shall be suitable for recreational
purposes by reason of size, shape, location topography and access.
(b)
Recreation land dedicated to the Township shall meet the recreation land criteria of § 173-37D(1) of this chapter and other relevant recreational guidelines adopted by reference or adopted by the Township in the West Hanover Township Comprehensive Recreation, Park and Open Space Plan, as amended.
(2)
When the Board of Supervisors deems it to be in the
public interest to accept dedicated land, such acceptance shall be
by means of a signed resolution to which the property deed and description
of the dedicated recreation area shall be attached.
F.
Private reservation of recreational land.
(1)
As provided in § 173-37G of this chapter, the Board of Supervisors may accept the private reservation of recreation areas as a percentage of the required acreage of park and recreation land in lieu of public land dedication. The private land set aside for these purposes shall be suitable in size, dimensions and topography in relation to the relation to the proposed use and shall meet all the requirements of § 173-37D(1) of this chapter.
(2)
The applicant shall satisfy to the Board of Supervisors
that adequate provisions are in place to assure permanent retention
of all parkland and that all future maintenance of such parkland or
common areas is appropriately addressed by the owner of the property
or a bona fide organization or by providing for and establishing an
organization responsible for the ownership and maintenance of recreation
areas.
(3)
Such organization shall not be dissolved nor shall
it dispose of the private recreation area by sale or otherwise, except
to an organization conceived and established to own and maintain the
recreation area, without first offering to dedicate the same to the
Township.
G.
Fee in lieu of public park and recreation land dedication.
(1)
In accordance with § 173-37B(2) and (3) of this chapter or upon recommendation of the West Hanover Township Park and Recreation Board, or where the Board of Supervisors agrees with the applicant that because of size, shape, location, access, topography or other physical features; or there is nonconformance with the Township's Park and Recreation Plan; or that it is impractical to dedicate recreation land to the Township or set aside recreation land as required by this article, the Board of Supervisors shall require a payment of a fee in lieu of dedication of such land. The fee in lieu of land dedication shall be based on the fair market value (FMV) of improved buildable lots on the property.
[Amended 5-3-2010 by Ord. No. 2010-05]
(2)
Standards for determining the fair market value (FMV)
of buildable lots.
(a)
Where a fee contribution is made in lieu of
required land dedication, the value or amount of such contributions
shall be based upon "fair market value" (FMV) of buildable residential
land at the time of the filing of the final plan with the Township
or the first final plan phase of a subdivision or land development
plan consisting of multiple phases.
[Amended 5-3-2010 by Ord. No. 2010-05]
(b)
The Board of Supervisors shall determine the
"fair market value" (FMV) based upon a written appraisal report prepared
by the developer or applicant and signed by an appraiser licensed
as such in the Commonwealth of Pennsylvania and certified by such
appraiser to be a fair and reasonable appraisal of such land. The
FMV appraisal report shall be submitted with the final plan application.
The appraisal shall be made prior to the filing of the final plan
or final plan phase. However, in no case shall a FMV appraisal be
conducted more than 120 days from the date of plan submission to the
Township. If more than one year lapses from the filing of the final
plan, the applicant/developer shall submit a new appraisal.
(c)
Fair market value (FMV) shall be based upon
an appraisal of a buildable acre of land, where "buildable" is defined
for this purpose as a typical area of land within the subdivision
or land development with a slope of less than 7%, and not located
in an area subject to flooding, containing stormwater management facilities,
easements, or other similar environmental restrictions; and as though
approved utilities are present.
[Amended 5-3-2010 by Ord. No. 2010-05]
(d)
In accordance with § 173-37G(2)(b) above, the approved FMV for a buildable acre shall be adjusted with each phased final plan submission to keep current with actual land value if the subdivision and land development is planned in development phases over multiple years as permitted by this chapter.
[Amended 5-3-2010 by Ord. No. 2010-05]
(e)
The Township, upon the recommendation of the
Board of Supervisors, may refuse to accept any FMV appraisal from
any developer or applicant for good cause shown. If the applicant
or developer and the Township are unable to agree upon a FMV appraisal,
the appraisal shall be submitted to and recertified by another professional
appraiser licensed as such in the Commonwealth of Pennsylvania and
chosen mutually by the Township and the applicant or developer. The
appraisal certified by the second appraiser shall be presumed fair
and reasonable and shall be the final FMV appraisal. In the event
that a second appraiser is chosen, fees for the services of said appraisal
shall be paid equally by the Township and the applicant or developer.
[Amended 5-3-2010 by Ord. No. 2010-05]
(3)
Determining the amount of fee in lieu of land dedication. The amount of fee to be paid in lieu of dedication of land shall be based on the results of the applicant's FMV appraisal report and the following formula, where "N" equals the required number of acres of parkland as per § 173-37C of this chapter:
[Amended 5-3-2010 by Ord. No. 2010-05]
"N" x (FMV of one buildable acre) = Fee
| |
Examples:
| |
SF Residential Development with 72 homes on
72 lots
| |
(4.32 acres required) x (FMV per acre of $25,000)
= $108,000
| |
MF Residential with 48 units
| |
(2.88 acres) x (FMV per acre of $25,000) = $72,000
|
(4)
Any fees authorized under this subsection shall, upon
its receipt by the Township, be deposited in an interest bearing account,
clearly identifying the specific recreation facilities for which the
fee was received. Interest earned on such accounts shall become funds
of that account. Fees-in-lieu of public park and recreation land shall
be paid in one lump sum prior to recording the phase of the final
plan for which the fees are calculated. Funds from such accounts shall
be expended only in properly allocable portions of the cost to construct
the specific recreation facilities for which the funds were collected.
(5)
Upon request of any person who paid any fee under this subsection,
the Township shall refund such fee, plus interest accumulated thereon
from the date of payment, if the Township has failed to utilize the
fee paid for the purposes set forth in this section.
[Amended 8-20-2018 by Ord. No. 2018-07]
H.
Use of fee-in-lieu of public park and recreation land dedication.
Upon agreement by the applicant, the Township may accept fees-in-lieu
of public or private park and recreation land dedication. See Exhibit
XIII.[1] The fees paid from the subdivision and/or land development
should be used for recreational purposes, which are reasonably accessible
to the inhabitants of the development that is the source of the fees-in-lieu
of land dedication. In addition, if determined by the Board of Supervisors
that the neighborhood area for which the fees were collected is adequately
served by recreation land and facilities, the fees may be used for:
[Amended 5-21-2018 by Ord. No. 2018-06; 8-20-2018 by Ord. No. 2018-07]
(1)
Acquisition of land and development of facilities at a centralized
"community-wide park" as recommended in the Comprehensive Recreation,
Park and Open Space Plan of 2000, as amended, provided that the development
is within the borders of the Township.
(2)
Acquisition of land and development of facilities for a "community-wide
ped/path system" as planned in the West Hanover Township Ped/Path
Plan, as amended; provided that the development is within the radius
of the ped/path system as specified in the West Hanover Township Ped/Path
Plan, as amended.
(3)
Acquisition of land and development of existing facilities within
a "neighborhood park or community park" as recommended by West Hanover
Comprehensive Recreation, Park and Open Space Plan of 2000 as amended;
provided that the development is within the radius recommended in
the West Hanover Comprehensive Recreation, Park and Open Space Plan
of 2000, as amended.
(4)
Improvement of planned and existing single common
community recreation facilities unique to the Township (e.g., movie
screens, rinks, swimming pools, specialized fields and other recreational
facilities).
(5)
Operating and maintaining parks or recreational facilities.
[1]
Editor's Note: Exhibit XIII is on file in the Township offices.
I.
Combination option for land dedication, facility improvements
and fees. Upon agreement by the applicant, the Township may accept
the construction of recreational facilities, the payment of fees-in-lieu
thereof, the private reservation of permanent recreational areas,
the dedication of land located in other areas of the Township, or
a combination of the above.
J.
Timing of land dedication and payment of fees in lieu
of land dedication and/or required improvements.
(1)
The process for dedicating public recreation areas,
establishing fees-in-lieu of land dedication, the construction of
recreational facilities, the private reservation of permanent recreational
areas, the dedication of land located in other areas of the Township,
or a combination of the above may begin during the preapplication
and preliminary plan stages of the plan review process.
(2)
The transfer of all land to be dedicated or reserved
shall be concluded immediately following final plan approval or approval
of the first final phase of a subdivision or land development plan
consisting of multiple phases. On the approved final plan, or the
approved first final plan phase of a subdivision or land development
plan consisting of multiple phases, the applicant shall include an
irrevocable statement of dedication guaranteeing that the required
park and recreation land described on the subdivision will be dedicated
to the Township.
(3)
Where land dedication or private reserves are required,
the proposed deed(s) or dedication shall include the legal description
of the area and shall be submitted to the Township Solicitor for review
and approval during the final plan review process. Title to the land
to be dedicated shall be good and marketable and free of all liens
and encumbrances, construction debris, or other defects. Following
the approval by the Solicitor of the legal documents related to the
land dedication and all other aspects of the plan, the Board shall
accept the land dedication and approve the final subdivision and land
development and proceed with the recording of the plan.
(4)
Fees to be paid in lieu of land dedication and any
other combination of fees and agreed-upon recreational facility improvements
shall be agreed to in writing prior to final plan approval or approval
of the first final plan phase of a subdivision or land development
plan consisting of multiple phases. If the fees are to be paid in
phases by approved final plan phase, a new appraisal for land fair
market value (FMV) shall be submitted with each final plan phase.
(5)
Where a fee-in-lieu of land dedication is accepted,
the total fees determined in accordance with this chapter shall be
paid to the Township prior to any recording of the final plan or recording
of the first final plan phase of a subdivision or land development
plan consisting of multiple phases. Upon approval by the Board of
Supervisors, a final plan shall be contingent upon paying all fees
in lieu, prior to the recording of the plan.
(6)
Where a combination of land, fees and improvements is agreed upon by the applicant, all requirements of § 173-37J(1), (2), and (3) shall be met and the applicant shall describe in writing the recreational improvements the applicant will make to the land to make it suitable for its intended purposes, such as grading, landscaping, facility construction, etc. Any agreed-upon park and recreation improvements shall be itemized, addressed in a manner consistent with other public improvements and processed in accordance with the Township's public improvement guaranty procedures.
[Added 9-2-2008 by Ord. No. 2008-06]
A.
Purpose. All residential subdivisions and/or land
development plans submitted after the effective date of this chapter
shall provide for suitable open space land in the Township in order
to:
(1)
Provide open space to serve the future residents
of the Township in accordance with the Township's Comprehensive Plan
and the Township Ped/Path Plan.
(2)
Protect groundwater recharge areas to maintain
adequate water supply for future generations of the Township.
(3)
Connect developments for the benefits of wildlife
and nature trails.
(4)
Protect stream corridors, wildlife corridors,
environmentally sensitive areas and open space corridors and to discourage
forest fragmentation.
B.
Exemptions from dedicating land for open space. The
following shall be met in order to qualify:
(1)
Any single- and/or multifamily residential subdivision
or land development plan for which preliminary or final plan has been
submitted prior to the effective date of this chapter which is ultimately
approved and development is substantially completed within five years
of approval.
(2)
Minor subdivisions involving lot add-ons and
yard extensions with no new residential development shall be exempt
from open space land dedication.
C.
Land requirements for open space.
(1)
The amount of land in acres required to be provided
for open space for both residential subdivisions or land development
plans and nonresidential land developments not exempted from the provisions
of this article can be found in the West Hanover Township Zoning Ordinance,
§ 195-86, Determining open space, conservation features
percentage, density and minimum lot size calculations.
(2)
Land to be dedicated for open space shall conform
to standards of § 195-88, Requirements, and be defined by
metes and bounds descriptions which tie to a known point, and deeded
as a conservation easement.
(3)
Such land set aside for open space shall be
suitable to serve the purposes listed in § 195-87, Permitted
uses, and Article XVI, Environmental Protection Overlay District.
D.
Open space location criteria. The Township Planning
Commission and the Board of Supervisors, in exercising their duties
regarding the approval of subdivision and land development plans,
shall consider the following criteria in determining whether to approve
the proposed location of open space land within the applicant's subdivision
or land development plans:
(1)
Open space features intended or designated to
be used for recreation purposes shall be easily and safely accessible
from all areas of the development to be served, have good ingress
and egress and have access to a public road or sidewalk; however,
no public road shall traverse the site or sites. The Township shall
consider the requirements of § 195-87 and Article XVI if
the open space will have recreational uses.
E.
Dedication of open space to the Township.
(1)
The West Hanover Township Board of Supervisors
shall determine whether the land to be dedicated is suitable for public
dedication and use. Prior to Board of Supervisor acceptance of open
space areas to be dedicated to the Township, the Township Planning
Commission shall make its recommendation in writing to the Board of
Supervisors as to whether the dedication should be accepted by the
Township based on § 195-83, Purpose, and § 195-85,
Open space areas defined, and Article XVI, Environmental Protection
Overlay Districts.
(2)
When the Board of Supervisors deems it to be
in the public interest to accept dedicated land, such acceptance shall
be by means of a property deed prepared by the applicant/developer
which upon review by the Township Solicitor shall be recorded with
the final plan.
F.
Private reservation of open space.
(1)
The applicant shall satisfy to the Board of
Supervisors that adequate provisions are in place to assure permanent
retention of all permanent open space, and that all future maintenance
of such open areas is appropriately addressed by the owner of the
property or a bona fide organization or trust, or by providing for
and establishing an organization responsible for the ownership and
maintenance of these open space areas. Ownership and maintenance requirements
shall conform to § 195-90, Methods of ownership and maintenance,
and § 195-91, Maintenance standards.
(2)
Such bona fide organization shall not be dissolved
nor shall it dispose of the open space by sale or otherwise, except
to an organization conceived and established to own and maintain that
area, without first offering to dedicate the same to the Township.
A.
The purpose of this section is to conserve existing
trees and natural vegetation on the development site in order to protect
the Township's water and soil resources. It is the intent of this
purpose to further meet the following objectives.
(1)
To preserve the existing natural systems and features
of the Township, particularly existing plant communities, habitats
and wildlife.
(2)
To maintain visual buffers of natural vegetation between
areas of new development and adjacent roads and properties.
(3)
To buffer the impacts of man-made developments from
air pollution, noise pollution, bright lights and glare.
(4)
To assist in the control of surface stormwater runoff
across lawn and other open areas by preserving existing vegetation,
hedgerows and buffer areas of natural vegetation to slow and retain
such surface runoff.
(5)
To preserve the rural character of the Township by
preserving interconnected buffer areas of natural vegetation between
developed areas.
(6)
To minimize erosion and stabilize sloped areas on
the development site.
(7)
To protect mature trees as assets of the site.
(8)
To minimize the cost of providing and maintaining
new landscaping.
B.
Conservation of existing trees and vegetation.
(1)
The character and extent of existing trees and vegetation
on a site shall be fully and accurately described on the plan.
(2)
Existing native trees and vegetation within a proposed
development shall be preserved to the maximum extent possible. Proposed
site improvements shall be located, designed and constructed to minimize
the loss of existing trees and vegetation, particularly native woodlands,
hedgerows and specimen trees.
(3)
The subdivision shall be designed to preserve existing
native trees and vegetation along roadways, property lines and lines
occurring within a site such as streams, swales, stone fences and
hedgerows. Such lines and the native vegetation associated with them
shall be preserved as buffers between adjacent properties and between
areas being subdivided within a property. Preservation shall include
ground, shrub, understory and canopy vegetation.
(4)
Trees, with a caliper of six inches or more as measured
at a height of 41/2 feet above existing grade, shall not be removed
unless they are located:
(5)
Where existing trees are removed along the street right-of-way, supplemental planting of street trees shall be required in accordance with Article XIX, § 195-123B, of Chapter 195, Zoning.
(6)
In areas where trees are retained, the original grade
level shall be maintained, if possible, so as not to disturb trees.
(7)
No clearing or earth disturbance (except for soil
analysis for proposed sewage disposal systems) shall be permitted
on a site before the completion of subdivision and land development
agreements. The determination of sight distance along roadways shall
be made graphically and not by clearing on-site prior to final plan
approval.
(8)
During construction, no clearing shall be permitted
on a site beyond that minimally necessary for the specific construction
activity to be undertaken.
(9)
Areas of a site which are to be preserved and areas
which do not need to be disturbed for construction of required subdivision
site improvements (roads, utilities, stormwater management facilities,
etc.) shall be protected with a limit of disturbance line.
(a)
The limit of disturbance line shall be indicated
on the improvements plan.
(b)
No construction activity, grading or disturbance
shall be permitted beyond the limit of the disturbance line.
(c)
Limit of disturbance lines shall also be indicated
for the protection of individual specimen trees, groups of trees and
other natural features to be retained or preserved with a development.
(d)
Limit of disturbance lines shall be clearly
marked in the field prior to the start of construction activities.
The lines shall be indicated by use of snow fencing, flagged stakes
or other means acceptable to the Township for the specific condition
or feature to be protected. The lines shall be maintained throughout
the period of construction activity.
A.
The length, width and shape of blocks shall be determined
with due regard to:
(1)
Provisions of adequate sizes for buildings of the
type proposed.
(2)
Topography.
(3)
Requirements for safe and convenient normal and emergency
vehicular and pedestrian circulation, including the avoidance of unessential
intersections with major public streets.
(4)
Thoughtful and innovative design to create an attractive
community.
B.
There shall be no minimum or maximum requirements
for length of blocks, except that the length(s) proposed shall not
result in inappropriate traffic patterns, unnecessary disturbance
to topography or other natural constraints, or any other conditions
deemed unsatisfactory and/or unsafe by the Township.
C.
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse frontage lots
are required along a major public street, or where prevented by the
size, topographical conditions or other inherent conditions of property,
in which case the Township may approve a single tier of lots.
A.
Environmental self-sufficiency. Each new dwelling
created within the Township shall be individually self-sufficient
for both water supply and sewage disposal.
B.
General standards.
(1)
The size, shape and orientation of lots shall be appropriate to the type of development and use contemplated. The average length to width ratio for new lots shall be no greater than 4 to 1. Regarding flag lots, only the "flag" area and not the "pole" portion shall be required to meet this standard. Flag lots are not permitted except in accordance with § 195-88L of Chapter 195, Zoning.
(2)
Insofar as practical, side lot lines shall be at right
angles to straight public street lines or radial to curved public
street lines.
(3)
Lot area and bulk regulations shall not be less than specified by the provisions of Chapter 195, Zoning, for the area in which the development is located.
(4)
Depth and width of lots intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for a well and on-site sewage disposal, on-site parking, loading and unloading, setbacks and landscaping as required by Chapter 195, Zoning.
(5)
If, after subdividing, there exist substandard remnants
of land, they shall be incorporated in existing or proposed lots,
or dedicated to public use, if acceptable to the Township. Agreements
dedicating such remnants of land shall be approved by the Township
Solicitor.
C.
Lot frontage.
(1)
Minimum lot frontage, width and area shall be controlled by the provisions of Chapter 195, Zoning.
(2)
All lots shall have direct access or access held in fee simple to a public or private street and shall have frontage as required by provisions of Chapter 195, Zoning.
(3)
Lots utilizing driveways shall, in general, not have
direct vehicular access onto freeway, highway, arterial or collector
streets. Reverse frontage lots shall be used, wherever practical,
along such streets in order to limit traffic hazards and to provide
for the efficient movement of traffic.
(4)
Double or reverse frontage lots shall be avoided except
where required to prevent access onto arterial and collector streets
or to overcome specific disadvantages of topography.