A.
The principles, standards and requirements of this
article shall be applied by the Mahoning Township Planning Commission
and Supervisors in evaluating and reviewing proposed subdivision and
land development plans and shall be considered minimum standards.
Where deemed appropriate or necessary to protect the public health,
safety or welfare, the Planning Commission may recommend and the Supervisors
may require more restrictive standards. Whenever other applicable
regulations impose more restrictive standards, those regulations shall
apply.
B.
The use of land in any proposed subdivision or land
development shall comply with the provisions of the Mahoning Township
Zoning Ordinance,[1] which was enacted on September 20, 2004, or as may hereafter
be amended, and any other ordinances or regulations hereafter enacted
by the Township.
C.
Land deemed by the Township to be uninhabitable because
of the hazards it presents for life, health or property, such as areas
of excessive slope, unstable soils or soils of inadequate weight-bearing
strength, or sites susceptible to severe flooding (i.e., floodway
sites), or those with very poor access, shall not be plotted for residential
occupancy, nor for such other uses as may increase danger to health,
life or property or aggravate the flood hazard.
D.
All subdivisions and land developments and all areas
contained therein shall be so planned as to take advantage of the
natural contour of the land in order to maximize natural drainage,
wind shelter and sun exposure. Grading, disruption of topsoil and
destruction of natural vegetation and other natural environmental
conditions shall be minimized to the extent possible to achieve these
goals.
E.
Every precaution shall be taken to preserve those
natural and historic features determined to be worthy of preservation
by the Township, including but not limited to, large trees or stands
of trees, watercourses, historic areas and structures, and scenic
vistas.
F.
New subdivisions and land developments shall be coordinated
to the extent possible with all existing or proposed developments
on adjacent properties.
A.
Blocks.
(1)
The length, width and shape of blocks shall be determined
with due regard to the provision of adequate sites for the type of
buildings proposed, applicable zoning requirements, topography and
the requirements for safe and convenient vehicular and pedestrian
circulation. In general, blocks shall not be less than 500 feet in
length nor exceed 1,600 feet.
(2)
Where deemed appropriate by the Township, a walkway,
with a right-of-way width of not less than 12 feet and a surfaced
width of not less than five feet, may be required to afford pedestrian
access to schools, playgrounds, shopping centers or other places of
public assembly. The surface of such walkway shall be determined on
a case-by-case basis.
(3)
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse frontage lots
are necessary; in the case of residential cluster development layouts;
or where topographic conditions or other property limitations effectively
prevent such design.
B.
Lots.
(1)
All lots shall conform to the minimum area and width
requirements contained in the Mahoning Township Zoning Ordinance[1] and to the related requirements of the Pennsylvania Sewage
Facilities Act and all other applicable state and local sewage and
water regulations.
(2)
Lot size, dimension and the placement of lots within
blocks shall be such that they provide the largest amounts of usable
open space for the users thereof; the most economical provision of
services; and the most advantageous relationship with the site's natural
topography and vegetation.
(3)
All lots shall abut a public street or shall have access to a public street via a private street or right-of-way no less than 50 feet in width, except in the case of a lot being added to and becoming a part of an adjacent existing lot with road frontage. (See also § 211-25B(6) below.)
(4)
In general, side lot lines should be at right angles
or radial to street lines. Lots located on cul-de-sac turnarounds
or curves in the road or lots of unusual shape may have lot widths
of less than those required in the Township Zoning Ordinance, provided
that the average of the front and rear lot line is equal to or greater
than the required lot width. In no case, however, shall the front
lot line have a width less than 50 feet.
(5)
Double frontage lots shall be avoided, except where
essential to provide separation between residential developments and
collector or arterial streets or to overcome topographic or orientation
disadvantages. Where double frontage lots are permitted, a buffer
yard with suitable screen planting, at least 10 feet in width, shall
be required along the side of the property adjacent to the thoroughfare
or other inharmonious use, across which there shall be no right of
access.
(6)
A parcel being subdivided for the purpose of being
added to an existing, adjacent lot of record shall not be subject
to the minimum lot size or soils testing requirements of this chapter,
provided that a note indicating the parcel's addition status is placed
on the plot plan and the existing lot and the addition are combined
into a single deed of record. The plan note shall also include a reference
to the deed book and page number of the existing parcel. If both parcels
are described separately in the same deed, then notes shall be placed
on the plan and in the deed indicating the total acreage of the combined
parcels and that both lots are to be considered as one for subdivision
purposes. In this manner the purchaser is precluded from subsequent
conveyance of the acquired addition without prior approval under the
terms and conditions of this chapter.
A.
Street system classifications. (For roadway classifications
based on function, see Appendix A of this chapter.[1])
(1)
The State Highway System includes all public streets
and highways operated and maintained by the Pennsylvania Department
of Transportation (PennDOT).
(2)
The Municipal Street System includes all public streets and roads owned and maintained by Mahoning Township. Subdividers or developers proposing public dedication of streets within a subdivision or land development shall submit road design and construction plans which meet the Township's minimum specifications as a part of the preliminary or final plan submission process, as applicable. In instances where the Township agrees to accept a road constructed within a subdivision or land development, a deed dedicating the street and its right-of-way to the municipality shall be recorded with the final plan or shall be recorded upon completion of the street construction and approval by the Township Engineer, as applicable. (See also § 211-41 of this chapter.)
(3)
Private streets include all streets not dedicated, accepted and maintained as public streets. Private streets may be permitted where the conditions set forth in § 211-26D(3) can be met.
[1]
Editor's Note: Appendix A, Mahoning Township Road System Table, is included at the end of this chapter.
B.
Access permit requirements.
(1)
In order to protect public safety, the Township may
limit access onto a public street or highway to specific locations
and may require such locations to be shown on the plot plan.
(2)
A highway occupancy permit must be issued by the Pennsylvania Department of Transportation (PennDOT) before construction of access onto any state highway can be initiated. Where any such access is proposed as part of a subdivision or land development proposal, the subdivider shall submit a copy of the PennDOT highway occupancy permit to the Township along with his preliminary or final subdivision or land development plans, as applicable. Where the location of such access is not known at the time of subdivision plan submission, a note shall be placed on the plans indicating the need to obtain this permit prior to the initiation of driveway construction. (See also § 211-26J.)
(3)
A driveway or access drive permit must be issued by
the Township before construction of access onto a Township street
can be initiated.[2] In instances where new street intersections are proposed as part of a subdivision or land development proposal, the subdivider shall include a copy of the Township driveway or access drive permit as a part of his preliminary or final plan submission, as applicable. Where the location of specific driveway access is not known at the time of subdivision plan submission, a note shall be placed on the plans indicating the need to obtain such permit prior to the initiation of driveway construction. (See also § 211-26J.)
C.
General street system standards.
(1)
All subdivision or land development plans shall extend
or continue existing public rights-of-way at a width no less than
the minimum specified by this chapter.
(2)
Local streets within a new development or subdivision
shall be laid out to discourage through traffic. However, provision
for the extension and continuation of streets into and from adjoining
areas may be required.
(3)
Where a subdivision or land development abuts or contains
an existing or proposed arterial or collector street, the Township
may require marginal access streets, reverse frontage lots or such
other treatment as will provide protection for abutting properties,
reduction in the number of intersections with the arterial or collector
street, and separation of local and through traffic.
(4)
Where the lots in a development are large enough for
resubdivision, or if a portion of the tract is not subdivided, suitable
access and street openings for such an eventuality shall be provided.
D.
Street design standards. (See also Illustrations I
and II of Appendix B.[3]) Minimum design standards for streets serving residential,
commercial, institutional and industrial development are shown on
Table 1 and are further detailed in the following subsections. (See
also PennDOT's Publication 70M, Guidelines for the Design of Local
Roads and Streets, most current edition.)
(1)
Provision for additional street right-of-way may be
required by the Township for public safety and convenience or for
access to off-street parking in commercial and industrial areas and
in areas of high-density residential development.
(2)
In addition to the minimum street grade and alignment
standards shown in Table 1 below, the following requirements shall
also be applied:
(a)
Whenever street lines deflect from each other
at any point, connection shall be made by horizontal curves with minimum
center line radii no less than those shown on Table 1.
(b)
Vertical curves shall be used in changes of
grade exceeding 1%. The minimum length of all vertical curves for
local streets and minor collector streets shall be 200 feet and 400
feet for major collector streets.
(c)
Proper sight distance shall be provided with
respect to both horizontal and vertical alignments, as established
in Table 1.
(d)
Street grades shall be as established in Table
1.
(e)
Street crown grades shall be 1/4 inch to 3/8
inch per foot for paved streets and 3/8 inch to 1/2 inch per foot
for stabilized streets, except where superelevated curves are used.
Shoulder grades shall not exceed 3/4 inch per foot.
(3)
The following standards shall apply to the design
and use and maintenance of private streets.
(a)
Private streets shall be designed in accordance
with the standards and specifications contained in Table 1 of this
chapter.
(b)
A survey of the center line of the private street
shall be shown on the subdivision or land development plans along
with a notation identifying the street and its right-of-way as being
private.
(c)
The subdivider shall include a use and maintenance
agreement in each deed, lease or conveyance prescribing the width
of the street right-of-way, its location, and setting forth an arrangement
between the subdivider and buyer or lessee for improvement and maintenance
of the private roadway. A copy of any such agreement shall be submitted
to the Township for review and approval along with the preliminary
or final subdivision or land development plans, as applicable.
(d)
Where an existing private street or right-of-way
is proposed to provide access to a new subdivision, the subdivider
shall prepare a use and maintenance agreement and have it signed by
all property owners using the existing roadway if such an agreement
is not included in their existing deeds.
[1]
Where such an agreement is secured, it shall
be recorded with the final plan and shall describe the width of the
street right-of-way, its location in accordance with the standards
of this chapter, and shall set forth arrangements for maintenance
of the private roadway. A copy of any such agreement shall be submitted
to the Township for review and approval along with the preliminary
or final subdivision or land development plans, as applicable.
[2]
Where such an agreement cannot be secured, despite a bona fide effort on the part of the subdivider, the Township may consider the proposed subdivision or land development plans with a use and maintenance agreement signed by all users of the private street in the new subdivision or land development. A copy of any such agreement shall be submitted to the Township for review and approval along with the preliminary or final subdivision or land development plans, as applicable. The approved agreement shall then be incorporated into each deed, lease or conveyance for the development. [See also § 211-26G(6) for applicable construction standards for private streets.]
|
Table 1
| |||
|---|---|---|---|
|
Minimum Design Standards for Public and
Private Streets
| |||
|
Minor Collector Streets1
|
Local Streets
|
Private Streets2,3
| |
|
General
| |||
|
Minimum right-of-way width
|
50 feet
|
50 feet
|
50 feet
|
|
Minimum cartway width (with curbs; no on-street
parking)
|
32 feet
|
24 feet
|
—
|
|
Minimum cartway width (without curbs; no on-street
parking)
|
24 feet
|
20 feet
|
18 feet
|
|
Minimum shoulder width (each side, where no
curbs are used)
|
6 feet
|
5 feet
|
4 feet
|
|
Cul-de-sac turnaround
| |||
|
Right-of-way diameter
|
—
|
125 feet
|
100 feet
|
|
Cartway diameter
|
—
|
100 feet
|
80 feet
|
|
Maximum grade
|
—
|
3%
|
3%
|
|
Street grades
| |||
|
Maximum grades4
|
7%
|
8%
|
10%
|
|
Minimum grades
|
0.5%
|
0.5%
|
0.5%
|
|
Minimum sight distance at road intersections5
| |||
|
Minimum center line horizontal curve radius6
| |||
|
NOTES:
| |
|
1
|
For the purposes of determining appropriate
design standards, streets serving 20 or more lots or dwelling units
or those with an ADT of between 501 and 5,000 vehicles per day shall
be considered to be minor collector streets. Further, streets serving
industrial or commercial developments shall be designed to meet the
criteria for minor collector streets.
|
|
2
|
These standards shall apply to private streets
serving three or four lots or dwelling units. Private streets serving
one or two lots or dwelling units need only provide a minimum right-of-way
width of 50 feet.
|
|
3
|
Private streets serving five or more lots or
dwelling units shall be designed to the standards outlined for local
streets.
|
|
4
|
Street grades may also be calculated utilizing
PennDOT's Publication 70M, Guidelines for Local Roads and Streets,
most current version, and shall be based on the roadway's functional
classification and design speed.
|
|
5
|
Sight distance shall be calculated utilizing
Title 67 (Transportation), Chapter 441, Access to Highways, and shall
be based on the roadway's functional classification and design speed.
Sight distance shall be measured at a height of 3 1/2 feet above
road surface.
|
|
6
|
Curve radii shall be calculated utilizing PennDOT's
Publication 70M, Guidelines for Local Roads and Streets, most current
edition, and shall be based on the roadway's functional classification
and design speed.
|
[3]
Editor's Note: Appendix B is included at the end of this chapter.
E.
Intersections.
(1)
Streets shall be laid out to intersect as nearly as
possible at right angles, and no street shall intersect any other
at less than 60°. Multiple intersections involving the junction
of more than two streets shall be avoided where at all possible.
(2)
Where the grade of any public or private street at
the approach to an intersection exceeds 6%, a leveling area shall
be provided having a grade no greater than 4% for a distance of 25
feet measured from the nearest right-of-way line of the intersecting
street.
(3)
The maximum grade within any intersection shall not
exceed 4% in any direction.
(4)
The edge of pavement radius for the intersection of
two local streets shall be 35 feet, 50 feet for the intersection of
a local and collector street, and 50 feet for the intersection of
two collector streets or a collector street and an arterial highway.
Curb radii for the intersection of two local streets shall be 15 feet,
25 feet for the intersection of a local and collector street, and
35 feet for the intersection of two collector streets or a collector
street and an arterial highway. The curb radii for driveway intersections
for single-family residential uses shall be no less than 10 feet and
no less than 15 feet for multifamily residential and nonresidential
uses.
(5)
Clear sight triangles shall be provided at all street
intersections. At all street and/or driveway intersections, no significant
obstructions or plantings measuring higher than 36 inches or hanging
lower than nine feet above road grade shall be permitted within this
area. The area required for such clear sight triangles shall be as
provided below and shall be measured from the point of intersection
of the street and/or driveway center lines. (Sight distance shall
be measured at a height of 3 1/2 feet above road surface.)
(a)
Streets. For the intersection of two local streets,
the minimum distance required shall be 75 feet; for the intersection
of a local street and a collector street, the minimum distance shall
be 150 feet; and for the intersection of two collector streets or
a collector street and an arterial highway, the minimum distance required
shall be 200 feet or as may be required otherwise by PennDOT where
state routes are involved.
(b)
Driveways. For the intersection of a street
and a driveway, the minimum distance between center lines shall be
50 feet where the street involved is a local street; 75 feet where
a collector street is involved; and 100 feet or as may be required
otherwise by PennDOT where the street involved is classified as a
state route or arterial highway.
(6)
Streets intersecting on opposite sides of a street
shall be laid out directly opposite each other or, where permitted
by the Township, shall be separated by at least 200 feet between center
lines.
(7)
Streets intersecting on the same side of a local street
shall be separated by intervals of no less than 600 feet, measured
from center line to center line, and no less than 800 feet when involving
collector streets or arterial highways.
F.
Cul-de-sac streets. Cul-de-sac streets may only be
utilized in Mahoning Township where through streets cannot be provided.
When utilized, such streets must be designed to protect public safety
and simplify maintenance. The standards set forth in Table 1 above
shall apply to the design of cul-de-sac streets in addition to the
following requirements.
(1)
Cul-de-sac streets shall be a minimum of 250 feet
in length and shall not exceed 1,600 feet in length nor serve more
than 20 lots or dwelling units, whichever is less. Additional length
may only be approved by the Township where such length is deemed to
be in the best interest of the municipality and where it is determined
that such extension will cause no jeopardy to public safety.
(2)
All cul-de-sac streets shall be provided with a turnaround
area which shall be graded and surfaced in the same manner as the
street. Center islands shall be avoided in the design of turnaround
areas, and parking shall also be prohibited in these areas.
(3)
Circular turnarounds shall be designed to include
two at-grade storage or pull-off areas intended to facilitate snow
removal and road maintenance. Such areas shall be part of the right-of-way
of the street and shall each be 50 feet in width and 50 feet in depth
measured from the edge of the cul-de-sac cartway. They shall be situated
at "12 o'clock" and "3 o'clock" at the head of the turnaround. No
parking, driveways, trees or plantings, or utility poles or boxes
shall be permitted in these areas. (See Illustration III of Appendix
B[4] for an illustration of this requirement.)
[4]
Editor's Note: Appendix B is included at the end of this chapter.
(4)
Any street dead-ended for access to an adjoining property
or because of authorized, staged development shall be provided with
a temporary turnaround with a stabilized surface and an outside diameter
of at least 100 feet. (The specific time period allotted for such
temporary construction shall be set forth in an agreement between
the Township and developer.)
G.
Street construction standards. (See also Illustrations
I and II of Appendix B.[5]) Minimum construction standards for public and private
streets serving residential, commercial, institutional and industrial
development are shown on Table 2 and are further detailed in the following
subsections.
(2)
Streets shall be surfaced to the grades and dimensions shown on plans, profiles, and cross sections submitted by the subdivider or developer and approved by the Township. Before finalizing street installation, the subdivider shall install any required utilities and provide adequate drainage facilities for the street in accordance with the requirements of §§ 211-26H, 211-31 and 211-32 of this chapter.
(3)
The pavement subbase, base and wearing surface shall
be constructed to the specifications contained in Table 2. (See also
PennDOT's Publication 70M, Guidelines for the Design of Local Roads
and Streets, most current edition.) All components of the pavement
structure shall meet the requirements specified in the most current
version of PennDOT's Publication 408 specifications.
(4)
The subbase shall extend six inches beyond the required
cartway width on each side of the proposed street in order to provide
additional support and structural integrity for the cartway wearing
surface. The subbase shall be composed of crushed stone (2A or equivalent)
or other material approved by the Township Supervisors and shall be
constructed to the depth set forth in Table 2. Subbase material shall
not, however, be placed on soft, muddy or frozen areas. Unsatisfactory
subbase conditions developing ahead of the base and paving operations
shall be corrected by scarifying, reshaping and recompacting, or by
replacement, as determined appropriate by the Township Engineer. Where
the subbase cannot be outletted, underdrains shall be used.
(5)
Street shoulders shall be composed of materials approved
by the Township Supervisors and shall be constructed to a compacted
depth equal to the depth of the base and wearing surface of the street.
The finished surface elevation of the shoulder shall meet the finished
elevation of the edge of the cartway. (See Table 1 for minimum width
requirements.)
(6)
In instances where access to a subdivision is proposed
via a private street or right-of-way, the following construction standards
shall apply.
(a)
Private streets serving one or two lots or dwelling
units need not be constructed to meet specific standards but shall
provide a minimum right-of-way width of 50 feet.
(b)
Private streets serving three or four lots or
dwelling units shall be constructed to the private street standards
outlined in Table 2.
(c)
Private streets serving five or more lots or
dwelling units shall be constructed in accordance with the standards
for local streets contained in Table 2.
(d)
All private streets being offered for dedication
to the Township shall be constructed in accordance with the standards
for local streets contained in Table 2.
(e)
Existing private streets proposed as access
to a new subdivision or development must be constructed with a stabilized
all-weather driving surface in accordance with the standards of this
chapter. An independent engineering analysis, paid for by the subdivider
or developer, may be required by the Township to evaluate the capability
of the existing road to accommodate the projected additional use generated
by the proposed development.
(f)
Where additional development is proposed utilizing an existing private street or right-of-way, the total number of lots or dwelling units served by the private roadway shall determine the applicable construction standards. It shall be the responsibility of the subdivider or developer to improve the condition of the existing private street where such improvement is deemed appropriate by the Township. [See also § 211-26D(3)(d) regarding the use and maintenance of private streets.]
|
Table 2
| |||
|---|---|---|---|
|
Construction Standards for Public and
Private Streets
| |||
|
Street Type1
|
Course
|
Type of Material2
|
Depth of Material After Compaction3, 4
(inches)
|
|
Minor Collector Streets
|
Wearing surface
Base/binder course
Subbase
|
Superpave asphalt mixture design, 9.5 mm, PG
64-22, Wearing Course, (ESAL Loading based on anticipated values),
SRL-M, 1 1/2 inches depth
Superpave asphalt mixture design, 25.0 mm, PG
64-22, Base Course, (ESAL Loading based on anticipated values), 4
1/2 inches depth
No. 2A stone, 8 inches depth5
|
3 1/2
4
6
|
|
Local Streets
|
Wearing surface
Base/binder course
Subbase
|
Superpave asphalt mixture design, 9.5 mm, PG
64-22, Wearing Course, (ESAL Loading based on anticipated values),
SRL-M, 1 1/2 inches depth
Superpave asphalt mixture design, 25.0 mm, PG
64-22, Base Course, (ESAL Loading based on anticipated values), 3
inches depth
No. 2A stone, 6 inches depth5
|
1 1/2
4 1/2
6
|
|
Private streets
(serving 3 or 4 lots or dwelling units)6
|
Wearing surface
Base
Subbase
|
——
2A stone or equivalent
Subbase5
|
——
4
6
|
|
NOTES:
| |
|
1
|
Minor collector and arterial streets shall be
designed and constructed in accordance with all applicable PennDOT
standards. For the purposes of determining appropriate construction
standards, streets serving 20 or more lots or dwelling units or those
with an ADT of between 501 and 5,000 vehicles per day shall be considered
to be minor collector streets. Further, streets serving industrial
or commercial developments shall be constructed to meet the criteria
for minor collector streets.
|
|
2
|
All components of the pavement structure shall
meet the requirements specified in the most recent version of PennDOT's
Publication 408. (See also Publication 70M, Guidelines for the Design
of Local Roads and Streets, most current version.)
|
|
3
|
Compaction shall be by ten-ton vibratory roller
or equivalent.
|
|
4
|
The depth of all materials may be modified by the Township Supervisors based on the soil types and drainage patterns of the area. In wet or poorly-drained areas, the Township may also require a pavement base drain. [See also § 211-26G(4).]
|
|
5
|
The subbase shall consist of crushed stone or other material approved by the Township Supervisors. [See also § 211-26G(4).]
|
|
6
|
Private streets serving one or two lots or dwelling
units need not be constructed to meet specific standards. Private
streets serving five or more lots or dwelling units shall be constructed
to the standards set forth for local streets. All private streets
being offered for dedication to the Township shall be constructed
to the standards for local streets.
|
[5]
Editor's Note: Appendix B is included at the end of this chapter.
H.
Curbs and drainage swales.
(1)
Curbs. Curbs shall be provided in all developments
except as determined unnecessary by the Township Supervisors because
of unique topography or to control stormwater runoff. For local streets,
curbs may be either the vertical or mountable type. No mountable curbs
may, however, be used for collector or arterial streets. The transition
from one type of curb to another shall be effected only at a street
intersection. Where required, curbs shall be constructed of concrete,
and may include precast curb and gutter products as approved by the
Supervisors, and shall include a minimum seven-inch reveal. Concrete
curbs shall be provided with expansion joints every 20 feet. Curbs
shall also conform to all PennDOT and Township standards in effect
at the time of subdivision or land development plan submission.
(2)
Drainage swales. In areas where curbing is not required
or a waiver is granted by the Township Supervisors, stabilized drainage
swales shall be provided along all new streets to avoid erosion and
control runoff. These drainage swales, along with other drainage facilities,
shall be designed to handle the runoff from the proposed development
and areas of the drainage basin already accommodated. At a minimum,
all erosion and sedimentation control standards set forth in Title
25, Chapter 102 of the Pennsylvania Code; the Rules and Regulations
of the Department of Environmental Protection; the most current edition
of the Erosion and Sediment Pollution Control Program Manual; and
the following specifications shall be met.
(a)
The side slope shall be a maximum of 2:1 horizontal
to vertical ratio, 3:1 or flatter slope being desirable, with a maximum
swale velocity of less than or equal to five feet per second.
(b)
There shall be a rounded area with a width of
two feet at the point of intersection of the shoulder and side slope.
(c)
The minimum depth of the swale shall be one
foot below the outer edge of the shoulder.
(d)
The bottom of the swale shall have a rounded
area with a width of four feet.
(e)
The minimum and maximum gradient of the drainage
swale shall be 0.75% and 12%, respectively.
(f)
The swale shall be sodded, seeded or otherwise
stabilized to avoid erosion problems as follows: Any portion of a
swale which exceeds a five-percent gradient shall have its bottom
rounding area lined with stone to a depth below the finished grade
equal to 1 1/2 times the average size of the largest stone used.
For swales of five-percent gradient, at least 25% of the stone used
shall be eight inches or larger, 75% may be less than eight inches
in size. For swales of twelve-percent gradient, at least 25% of the
stone used shall be 19 inches or larger in size. Drainage swales having
a gradient between 5% and 12% shall use stones which are proportionately
larger than the eight-inch stone used for the five-percent gradient
swale.
(3)
Drainage pipes. Where a new driveway is proposed to
cross a drainage swale adjacent to a public or private street, a drainage
pipe of adequate size and length, with adequately engineered end sections,
shall be installed by the property owner underneath the driveway to
handle the runoff. Where such intersections are to be created along
a municipally-owned or private street, Township officials shall determine
the appropriate pipe size and length as a part of the local driveway
permit process. Where a state-owned street is involved, PennDOT shall
make the necessary determinations. (See also Township Driveway and
Access Drive Ordinance.[6])
I.
Street verge.
(1)
Sidewalks. Sidewalks may be required by the Township
Supervisors where, in their opinion, the type of development proposed
or the character of the neighborhood warrants. Sidewalks shall be
at least four feet in width, shall be constructed of reinforced concrete
at least four inches in depth, and shall be laid on at least four
inches of compacted gravel or stone. Sidewalks shall be scored in
five-foot blocks with expansion joints generally every 20 feet, or
as otherwise appropriate. Where driveways cross over sidewalks, sidewalks
shall be a minimum of six inches in depth with welded wire fabric
reinforcement. Precast concrete sidewalks may also be approved for
use by the Township. Sidewalks to be located within a state right-of-way
shall be designed and constructed in accordance with PennDOT standards
and specifications.
(2)
Street signs. Street signs shall be placed at all
intersections at the expense of the subdivider or developer. The type,
design, height and installation arrangements for such signs shall
be subject to approval by the Township Supervisors. Street signs shall
be erected prior to the development of lots within a subdivision or
land development.
(3)
Street names. Names proposed for new streets shall
not duplicate or resemble closely the name of any other existing street
in the Township in order to facilitate and simplify emergency dispatching
and response. Proposed streets in obvious alignment with others already
existing and named shall be given the name of the street they continue.
All proposed street names shall be subject to approval by the Township,
county emergency personnel, and the local post office, where necessary.
(4)
Street trees. Street trees shall be permitted to be
located between the sidewalk and the building line of all new lots.
No trees shall, however, be planted within the right-of-way of any
public or private street, nor shall they be located within the clear
sight triangle of any street or driveway intersection. At maturity,
no part of any street tree shall be closer to a street or property
line than five feet.
(5)
Streetlights. Where deemed necessary by the Township for safety reasons, a streetlight shall be installed at one corner of every intersection in a proposed development. Additional streetlights may be required at intervals determined appropriate by the applicable utility provider. Design, height and installation arrangements shall be subject to approval by the Township Supervisors. [See also § 211-44G(1) of this chapter for additional requirements.]
J.
Driveways and/or access drives.
(1)
All proposed lots or land developments shall be situated
or laid out so that safe access onto a public or private road can
be provided. The Driveway and Access Drive Design Standards[7] set forth in the Township Driveway and Access Drive Ordinance,
as well as PennDOT's driveway standards contained in Chapter 441 of
Title 67 (Transportation) of the Pennsylvania Code, shall be utilized
for the design and construction of driveways and/or access drives.
(2)
In a situation where significant potential safety
hazards exist, such as excessive slope or areas of extremely limited
sight distance, the Township may require, prior to granting final
subdivision approval, that:
(b)
The specific driveway or access drive location be shown on the plot plans (see also § 211-26B); or
(c)
A deed restriction be placed on the future use
of the lot, requiring that the provisions of the Township Driveway
and Access Drive Ordinance be complied with when a driveway or access
drive is proposed for construction.
(3)
Driveways or access drives serving five or more lots, uses or dwelling units shall be designed and constructed in accordance with the standards for local streets set forth in Tables 1 and 2 of Article V of this chapter.
(4)
All driveways and/or access drives shall meet the curb radii requirements set forth in § 211-26E(4) of this chapter.
(5)
All driveways and/or access drives shall meet the clear sight triangle requirements set forth in § 211-26E(5) of this chapter.
(6)
Where a lot fronts on both a local street and a collector
street or arterial highway, driveway access shall be from the local
street.
All subdivision and land development proposals
meeting the thresholds set forth in this section shall be required
to provide open space and/or recreation area(s) for the use and enjoyment
of the occupants of their development in accordance with the following
standards:
A.
Where a proposed subdivision or land development of
a tract contains 20 or more lots or dwelling units, whether such total
is proposed initially or occurs over time as part of a phased development,
the Township shall require the reservation and/or dedication of up
to 10% of the total area of the proposed development (or as may be
required otherwise in this chapter or in the Mahoning Township Zoning
Ordinance[1]) for the common use of all residents of the development.
Such reservation may be waived by the Township where the minimum lot
size in a subdivision or land development exceeds 1 1/2 acres.
B.
Any open space required by the Township shall be suitable
for varied outdoor uses, including recreational activities. Such open
space shall be located so as to be easily and safely accessible from
all areas of the subdivision and shall be free of safety and health
hazards. Open space may also be designed and situated to provide connection
to other existing or proposed open space or recreation areas, and
may include segments of the site containing unique characteristics
or physical features, such as rock outcroppings, virgin or important
tree stands, or other environmentally sensitive natural attributes.
Portions of the area to be used for recreational purposes shall have
suitable physical characteristics for varied recreational use, including
well-drained soils, gentle topography and suitable shape and size,
but shall not include area being used for stormwater management purposes.
C.
Where open space/recreation area is required by the
Township, the subdivider or developer shall submit, with his subdivision
or land development plan, a proposal indicating the type of recreation
or related facilities to be installed or constructed in such area.
Or, upon agreement of the developer, the Township may accept the payment
of fees in lieu of said construction or installation from the developer.
Such fees shall bear a reasonable relationship to the use of the open
space and facilities by future inhabitants of the development and
shall be used only for the purpose of providing park or recreation
facilities accessible to the development. All fees collected by the
Township shall be set aside for construction of specific recreation
facilities identified as part of the approved subdivision. The Township
shall utilize any such fees within three years from the date they
were paid or the developer may request a refund. The Township may
also require the developer to complete installation of such recreation
facilities during the initial phases of his development to ensure
their availability to residents as soon as possible.
D.
Where open space/recreation area is provided, the
subdivider shall submit, with his subdivision or development plans,
a proposal which provides for the maintenance and ultimate ownership
of such space. Where such open space is not dedicated to the Township
or where such dedication is not accepted by the Township, an agreement
which assigns maintenance responsibilities for the open space and/or
recreational facilities shall be approved by the Township, recorded
with the final plan, and referenced in the deeds of each parcel within
the development.
All subdivisions and land developments shall
be provided with adequate sewage facilities. It shall be the responsibility
of the developer to make the necessary arrangements and/or conduct
the appropriate tests to determine that such facilities can or will
be provided to handle the sewage generated by his development in accordance
with the following standards.
A.
General requirements.
(1)
In general, the type of sewage facilities to be provided
shall be determined by the Township, giving consideration to the following
order of preference:
(a)
Connection to a public sanitary sewer or other
community sewerage system designed and constructed in accordance with
the requirements of the Pennsylvania Department of Environmental Protection
(PA DEP), particularly where public sanitary sewers are available
within 3,000 feet of the proposed property line of the development;
(b)
Provision by the developer of a complete private
sanitary sewer or community sewerage system using a treatment plant,
designed and constructed in accordance with the requirements of the
Pennsylvania DEP;
(c)
Individual on-lot sewage systems designed and
constructed in accordance with the requirements of the Pennsylvania
DEP.
(2)
The judgment of the Township as to the method of sewage
disposal to be used will be made after study and review of a sewage
feasibility report submitted by the developer. The submission of such
a report may be waived by the Township where it is deemed unnecessary.
When required, however, such report shall be prepared by a registered
professional engineer or other individual of demonstrated qualifications.
In such cases, the Township may also require a written review and/or
recommendation from the Mahoning Township Authority.
B.
Planning requirements. Documentation which demonstrates
that the subdivider/developer has adequately planned for sewage disposal
within the proposed subdivision or land development shall be submitted
with the initial plan (the preliminary or final submission, as applicable)
or the subdivider/developer shall provide the Township with written
documentation from the Pennsylvania DEP or a designated local agency
that the proposed subdivision/land development has received an exemption
from the sewage planning process. Unless such an exemption is granted,
the subdivider/developer shall submit the appropriate DEP planning
module component(s) to the Township along with plans for the proposed
subdivision or land development. No final subdivision or land development
plan shall be considered complete or filed with the Township until
the applicant has provided the appropriate sewage facilities planning
documentation.
C.
Individual on-lot sewage systems.
(1)
All proposed subdivisions and land developments shall
have appropriate soils testing performed by the municipal Sewage Enforcement
Officer or a qualified soils scientist in accordance with Pennsylvania
DEP standards, unless connection to or provision of a sanitary sewer
or community sewerage system is proposed by the developer. The location
of all pit and percolation test sites shall be marked on the subdivision
or land development plan where individual on-lot sewage systems are
to be utilized.
(2)
For single lot subdivisions or for residual parcels
created by the subdivision of other land, where the subdivider provides
written documentation to the Township which demonstrates that the
proposed subdivision or residue is not intended for development, the
Township may waive the requirement for soils testing. (All appropriate
Pennsylvania DEP sewage planning requirements shall, however, still
be met, including approval of nonbuilding waiver request forms, where
applicable.) In such cases, plot plans shall be stamped or marked
by the Township indicating that approved lots are "Not For Development."
Prior to development, all such plans shall be resubmitted to the Township
for approval and the requirements of this section shall be met in
full at that time.
(3)
Where soils testing indicates that the soils of a
site, lot or parcel will not accommodate an individual on-lot sewage
system, the Township may approve a proposed subdivision, provided
that the plot plans indicate which lot(s) has failed the soils testing.
Further, these plans shall be stamped or marked by the Township indicating
that such approved lots are "Not For Development" and that prior to
development plans for these lots shall be resubmitted to the Township
for approval.
D.
Sanitary sewer or community sewerage systems.
(1)
Where an existing sanitary sewer or community sewerage
system is to be extended to serve a proposed subdivision or development,
the developer shall supply the Township with the following data and
documentation as part of the plan submission process:
(a)
For preliminary plan consideration, the applicant
shall supply the Township with: 1) a service availability letter from
the Mahoning Township Authority indicating its ability and intent
to serve the subdivision or development; and 2) preliminary design
plans prepared by a registered professional engineer and approved
by the Authority.
(b)
For final plan consideration, the applicant
shall provide the Township with: 1) a developer's agreement executed
by both the developer and the Mahoning Township Authority; and 2)
final design plans prepared by a registered professional engineer
and approved by the Authority. Following construction of the extension,
the developer shall provide the Township with an approved inspection
report from the Mahoning Township Authority indicating that such construction
was completed satisfactorily.
(2)
Where construction of a new sanitary sewer or community sewerage system, either public or private, is proposed or required, the subdivider or developer shall provide the Township with preliminary or final design plans, as applicable, prepared by a registered professional engineer, and a letter of certification indicating that the proposed facility has been designed in accordance with the standards of the Pennsylvania Department of Environmental Protection (PA DEP) and a copy of the DEP-approved water quality permit for the facility. Following construction of a privately-owned community sewerage system, the developer shall provide the Township with documentation from the Pennsylvania DEP or other qualified engineer/inspector, approved by the Township, which indicates that the facility was installed in accordance with the terms of the water quality permit. (The Township reserves the right to retain an independent registered professional engineer to certify that the sewerage facility has been properly constructed or installed. In this case, the subdivider or developer shall reimburse the Township for all reasonable expenses charged by the engineer for such inspection in accordance with the procedure established in § 211-61A of this chapter.)
(3)
A plan addressing the maintenance of all private sanitary
sewer or community sewerage systems shall be made by the developer
and furnished to the Township and the Pennsylvania DEP for review
and approval as a part of the preliminary or final subdivision or
development plan submission process, as applicable.
(4)
Where a public sanitary sewer system is not available to a subdivision or land development at the time of plan submission but is planned for construction at or near the development site within five years and will have the capacity to serve the development, the subdivider or developer shall install sewer lines, including lateral connections, to provide adequate service to each lot when connection to the public system is made. The sewer lines shall be capped at the limits of the subdivision, and the laterals shall be capped at the street right-of-way. When capped sewers are provided, individual on-lot sewage systems shall also be permitted. The installation of such sewer lines and laterals shall also be subject to the inspection process set forth in Subsection D(2) above.
All subdivisions and land developments shall
be provided with a safe, adequate and potable water supply. It shall
be the responsibility of the subdivider or developer to provide such
service or assure that each lot to be developed or each dwelling unit
proposed in his development can be provided with water utilizing one
of the following methods.
A.
Public water systems.
(1)
Subdivisions and land developments shall be connected
to an existing public water system where a system of satisfactory
quantity is available within 3,000 feet of the proposed development
and connection to such system is feasible. If it is not feasible to
connect to an existing public system, the Township may require installation
of a community water system where a subdivision or land development
contains 25 or more lots or dwelling units. In such instances, the
Township may require the developer to submit a feasibility study prepared
by a registered professional engineer or other qualified individual
to show that the use of a public or community water system is not
feasible.
(2)
If water is to be provided by means other than by
private wells owned and maintained by the individual owners of lots
within the subdivision or development, the developer shall present
evidence to the Township that water is to be supplied to the subdivision
by a certified public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation, authority or utility.
A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement, or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable evidence.
(3)
Where an existing water system is to be extended to
serve a proposed subdivision or development, the developer shall supply
the Township with the following data and documentation as part of
the plan submission process:
(a)
For preliminary plan consideration, the applicant
shall supply the Township with: 1) a service availability letter from
the Mahoning Township Authority indicating its ability and intent
to serve the subdivision or development; and 2) preliminary design
plans prepared by a registered professional engineer and approved
by the Authority.
(b)
For final plan consideration, the applicant
shall provide the Township with: 1) a developer's agreement executed
by both the developer and the Mahoning Township Authority; and 2)
final design plans prepared by a registered professional engineer
and approved by the Authority. Following construction of the extension,
the developer shall provide the Township with an approved inspection
report from the Mahoning Township Authority indicating that such construction
was completed satisfactorily.
(4)
Where a new public water system (either public or privately-owned) is proposed to serve a subdivision or development, the system shall be designed and constructed in accordance with the regulations of the Pennsylvania Department of Environmental Protection (PA DEP). The developer shall supply the Township with a copy of the appropriate Pennsylvania DEP approval letter and permit for construction and operation of the new water system as a part of the preliminary or final plan submission process, as applicable. Following construction of the new water system, the developer shall provide the Township with documentation from the Pennsylvania DEP or other qualified engineer/inspector, approved by the Township, which indicates that the system was installed in accordance with the terms of the state permit. (The Township reserves the right to retain an independent registered professional engineer to certify that the system has been properly constructed or installed. In this case, the subdivider or developer shall reimburse the Township for all reasonable expenses charged by the engineer for such inspection in accordance with the procedure established in § 211-61A of this chapter.)
(5)
A plan addressing the maintenance of all privately-owned
public water systems shall be made by the developer and furnished
to the Township and the Pennsylvania DEP for review and approval as
a part of the subdivision or development plan submission process.
(6)
Fire hydrants with sufficient pressure shall be provided
by the developer as an integral part of any public water supply system
and shall be placed at such locations as are deemed appropriate, based
on the type of development proposed, but shall be no more than 1,200
feet apart. In addition, the Township may request that plans involving
the provision of fire hydrants be reviewed by the local Fire Department
to determine the suitability and adequacy of the proposed units and
their placements.
B.
Nonpublic water systems.
(1)
Where a proposed subdivision or land development involves
the conveyance of lots served by a nonpublic water supply system or
the development of a tract upon which an on-site well is to be provided
to serve all or parts of the development, the subdivider or developer
shall provide the Township with a letter or permit from the Pennsylvania
DEP which approves the construction and operation of the proposed
system. This documentation shall be supplied to the Township as a
part of the preliminary or final subdivision or land development plan
submission, as applicable.
(2)
A plan addressing the maintenance of the proposed
nonpublic water supply system shall be made by the developer and furnished
to the Township and the Pennsylvania DEP as a part of the preliminary
or final subdivision or development plan submission, as applicable.
C.
Individual on-lot wells.
(1)
Where neither a public or nonpublic water supply system
is proposed by a developer to serve his development, individual on-lot
wells shall be installed by each property owner. Where groundwater
problems are known to exist, or where anticipated levels of development
may result in water supply problems, the Township may require the
developer to demonstrate that a reliable, safe and adequate groundwater
supply exists to support the water usage demands of the proposed subdivision
without detrimental effects upon existing adjacent water wells. (Supporting
documentation must be provided by a qualified engineer or other professional
of demonstrated capability; i.e., a hydrogeologist or hydrologist.)
The standards set forth in the Safe Drinking Water Act[1] and other appropriate Pennsylvania DEP regulations shall
apply in such instances.
[1]
Editor's Note: See 35 P. S. § 721.1.
(2)
Individual on-lot wells shall be located at least
100 feet from the drain field of any individual on-lot sewage system.
A.
Plans for the location and installation of other utilities,
including but not limited to electric, gas, streetlight supply, cable
television and telephone, shall be approved by the Township and the
applicable utility company. The location, width and purpose of all
utility easements shall be indicated on the subdivision or development
plans. Utility easements shall have a minimum width of 15 feet and,
where feasible, shall be located within the street right-of-way. Otherwise,
such easements shall be located along rear or side lot lines to the
extent possible. (Local utility companies shall be consulted by the
developer when designing or locating easements.)
B.
Letters from all appropriate utility companies indicating
their ability to supply service for the proposed subdivision or land
development shall be provided to the Township by the developer as
a part of the subdivision or land development plan submission.
C.
All utilities shall be installed underground in accordance
with the Pennsylvania Underground Utilities Act (Act 287 of 1974,
as amended by Act 187 of 1996). Utilities need not be installed underground,
however, where a variance to the requirements of Act 287 has been
granted by the Pennsylvania Public Utilities Commission.
D.
Underground installation of the utility distribution
and service lines shall be completed prior to street paving and storm
drainage or curbing installation. All street rights-of-way and other
easements where utility lines are to be installed shall be graded
to within six inches of final grade before trenches are excavated.
E.
All natural gas lines shall be installed in accordance
with the ASA Code B31, 80 of 1958, as amended. The minimum separation
distance from a natural gas line to a dwelling unit or structure shall
be as required by the applicable transmission or distributing company.
F.
All proposed dwelling units or structures shall be
located at least 100 feet from the center line of any petroleum or
petroleum products transmission line which traverses the proposed
subdivision or land development, measured at the point of closest
proximity.
G.
The Township may require the installation of utilities
prior to final plan approval where the cost of installation, including
the cost of excavation for underground utilities, will not be completely
paid by the utility company. In each case, the Township shall consider
the procedures of the applicable utility company involved for the
extension of utility service to lots within a new subdivision or land
development. The Township may only permit the developer to delay the
installation of utilities where the full cost of such installation
is included as part of the developer's approved improvement agreement.
A.
Erosion and sedimentation control. Effective soil
conservation measures shall be planned and implemented for all subdivisions
and land developments in accordance with the Rules and Regulations
of the Pennsylvania Department of Environmental Protection (PA DEP)
(PA Code, Title 25, Chapter 102 — Erosion Control/Earthmoving,
or as may hereafter be amended) and the following criteria:
(1)
No changes shall be made in the contour of the land;
no grading, excavating, removal or destruction of the topsoil, trees
or other vegetative cover of the land shall be commenced unless adequate
provisions are made by the landowner for minimizing soil erosion and
sedimentation. (All earthmoving activities in Montour County require
erosion and sedimentation pollution control plans to be submitted
for review and approval by the Montour County Conservation District
prior to any such disturbance.)
(2)
For the purposes of this chapter, a complete erosion
and sedimentation control plan as outlined in the most current edition
of the Erosion and Sediment Pollution Control Program Manual developed
by the Bureau of Water Quality Management of the Pennsylvania DEP
shall be prepared by an individual of demonstrated capability for
subdivisions or land development proposals, where:
(a)
More than one acre will be disturbed to develop
the site (including construction of the dwelling, driveway and sewage
system, etc.);
(b)
Site improvements are involved;
(c)
Major earthmoving activities are proposed;
(d)
Disturbances are proposed for areas of steep
or severe slope or for areas adjacent to streams or water bodies;
(e)
The proposal involves any commercial, institutional
or industrial use;
(f)
The site is located within the Mahoning Creek/Sechler
Run Watershed; or
(g)
Such is deemed appropriate by the Township.
(3)
When required, erosion and sedimentation control plans shall be submitted by the developer to the Township along with preliminary or final subdivision or land development plans, as appropriate. A copy of the plan shall then be forwarded by the Township to its Engineer, the Montour County Conservation District and, as necessary, to the Pennsylvania DEP for review and acceptance prior to approval of the proposed subdivision or land development. [See also § 211-20B(2)(b) for review procedures.]
(4)
Where appropriate, a notice may be required to be
placed on all final subdivision and land development plans indicating
that future property owners or developers must meet the erosion and
sedimentation control requirements of the Pennsylvania DEP before
lot development is initiated.
(5)
Whenever sedimentation results from stripping vegetation,
grading regrading or other activity, it shall be the responsibility
of the person, corporation or other entity causing such sedimentation
to remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense according to the time frame
specified by the Township. (All state-mandated permits shall be obtained
by the contractor before initiating work in a stream or watercourse.)
(6)
Where construction activities associated with a subdivision
or land development propose to disturb one acre or more of land (or
as may hereafter be amended by state or federal statutes) with a point-source
discharge, the developer shall apply for and obtain a National Pollutant
Discharge Elimination System (NPDES) permit for his site runoff and
discharge from the Montour County Conservation District prior to initiating
such activities. A copy of this permit shall be submitted to the Township
as a part of the subdivision or land development plan submission.
Developments involving five or more acres, regardless of point-source
discharge, shall also require the developer to obtain an NPDES permit
from the County Conservation District.
B.
Grading. In order to provide suitable building sites,
the following standards shall be met:
(1)
All lots, tracts or parcels shall be graded to provide proper drainage away from buildings without creating ponding problems, and all land within a development shall be graded to drain stormwater water as provided in § 211-32 of this chapter.
(2)
Grading shall not divert water onto adjacent properties
without the express permission of the landowner and the Township.
(3)
Grading equipment shall not enter or cross any wetland,
stream or watercourse without first obtaining the necessary approval
or permit from the Pennsylvania DEP, U.S. Army Corps of Engineers
or other agencies, as appropriate.
(4)
All excavation and fill activities shall adhere to
the following standards:
(a)
Cut and fill slopes shall not be steeper than
3:1 unless stabilized by a retaining wall or cribbing.
(b)
Adequate provisions shall be made to prevent
surface water from damaging the cut face of excavations or the sloping
surface of fills.
(c)
Cut and fill slopes shall not endanger adjoining
properties and shall be graded or tapered so that the bottom edge
of the slope is no closer than 10 feet to any property line.
(d)
Fills shall be placed, compacted and stabilized
to minimize sliding or erosion.
(e)
Fills shall not encroach on natural wetlands,
watercourses nor constructed channels.
(f)
Fills placed adjacent to natural watercourses
or constructed channels shall have suitable protection against erosion
during periods of flooding and shall be subject to all applicable
municipal floodplain management regulations and all floodplain requirements
of the Pennsylvania DEP, Federal Emergency Management Agency (FEMA),
and U.S. Army Corps of Engineers. No fill shall be placed in any designated
floodway.
(5)
Grading shall not accelerate stormwater runoff rates
without provision for adequate erosion protection.
The management of stormwater from a site, both
during and after any subdivision or land development, shall be accomplished
in accordance with the standards and provisions of this chapter and
any Pennsylvania Stormwater Management Act (Act 167 of 1978, or as
may hereafter be amended) watershed plan or ordinance that may be
adopted and implemented hereafter. The provisions of this section
are intended to provide protection against uncontrolled stormwater
runoff, and to assure that downstream property owners and watercourses
are not adversely affected by increases in stormwater runoff resulting
from a subdivision or land development. [In addition, all permitting
requirements established in the Federal Clean Water Act relating to
stormwater discharges shall be met. See Subsection A(4) below.]
A.
General requirements.
(1)
A stormwater management plan meeting the criteria
outlined in this section shall be prepared by a registered professional
engineer, hydrologist or other professional of demonstrated capability
for all subdivision or land development proposals, where:
(a)
Disturbance activities that could affect earth
resources (such as the creation of impervious surfaces, earth disturbances,
or timber harvesting) are proposed that may affect stormwater runoff;
or streets or other related improvements are proposed which will increase
the total impervious area of the tract;
(b)
Slopes of the site or adjacent areas could affect
stormwater runoff as the lots within the proposed subdivision are
developed; or
(c)
Areas of poor drainage or stormwater runoff
problems are known to exist within or directly adjacent to or immediately
downgradient from the proposed subdivision.
(2)
All subdivision and land development proposals shall
meet the requirements of any watershed stormwater management plan
or stormwater management ordinance in effect in the Township (including
the Mahoning Creek/Sechler Run Watershed Management Plan) or as may
hereafter be enacted.
(3)
Stormwater management plans shall be submitted by the developer to the Township along with preliminary and final subdivision or development proposals, as appropriate. A copy of the plan will then be forwarded by the Township to its Engineer, the Montour County Conservation District and, as necessary, to the Pennsylvania DEP, for review and acceptance prior to approval of the proposed development. All such plans shall meet the minimum standards suggested by the Conservation District. [See also § 211-20B(2)(b) for review procedures.]
(4)
Where construction activities associated with a subdivision
or land development propose to disturb one acre or more of land (or
as may hereafter be amended by state or federal statutes) with a point-source
discharge, the developer shall apply for and obtain a National Pollutant
Discharge Elimination System (NPDES) permit for his proposed stormwater
discharge from the Montour County Conservation District prior to initiating
such activities. A copy of this permit shall be submitted to the Township
as a part of the subdivision or land development plan submission process.
Developments involving five or more acres, regardless of point-source
discharge, shall also require the developer to obtain an NPDES permit
from the County Conservation District.
B.
Performance standards. In order to improve the quality
and general utility of stormwater management plans, subdivisions and
land developments shall be planned, designed, and constructed in accordance
with the following principles:
(1)
Stormwater management control facilities shall be
incorporated into the overall design of any subdivision or land development
or improvement in such a way that they may serve multiple purposes,
such as wildlife areas, recreation areas, fire protection ponds, etc.
(2)
The natural infiltration and water resource potential
of the proposed development site shall guide design, construction
and vegetation decisions. Runoff in excess of natural conditions from
roofs and other surfaces which are unlikely to contain pollutants
shall be recharged to the groundwater table or stored for nonpotable
water uses to the maximum extent possible.
(3)
Improvements to manage drainage and stormwater runoff
within a subdivision or land development shall be designed to increase
the amount of water which infiltrates into the soil where possible
and to control the rate of runoff released off site through temporary
storage of stormwater on site. Such improvements may include, but
are not limited to, deed covenants which restrict the allowable amount
of impervious surface for each lot, the provision of drainage easements,
seepage pits, swales, infiltration swales/trenches and detention or
retention basins.
(4)
Existing trees and shrubs shall be preserved and protected
to the maximum extent possible.
(5)
All natural streams, channels, drainage swales and
areas of surface water concentration shall be maintained in their
existing condition except where changes can be justified on the basis
of other design standards.
(6)
Stormwater management facilities shall be designed
so that the peak rate of runoff from any subdivision or development
after development shall be no greater than the peak rate of runoff
from the site prior to development, unless this general performance
standard is specifically modified by a watershed stormwater management
plan.
C.
Design standards. It shall be the developer's responsibility
to provide sufficient plans, documentation and other technical data
to demonstrate that the capacity of his proposed stormwater management
facilities will adequately control runoff from his development. The
following general and technical standards shall be applied when designing
such facilities:
(1)
General design criteria.
(a)
In calculating the predevelopment runoff rate,
the following assumptions shall apply:
[1]
Woodland shall be used as the existing condition
for those portions of the site having trees greater than six inches
in diameter measured breast high (DBH) or where trees existed for
at least 18 months prior to the development application.
[2]
Meadow shall be used for all other areas, including
areas which are presently covered by impervious surfaces, unless modified
by the Township upon recommendation of its Engineer.
(b)
Calculations for the design of stormwater management
facilities shall also assume that all driveways, traffic areas and
driving surfaces within the development or subdivision will be paved
or covered with an impervious surface.
(c)
The design for all proposed stormwater management improvements shall be reviewed and approved by the Township and its Engineer prior to construction of any such proposed improvements. The applicant and/or owner shall reimburse the Township for any and all engineering review charges by the Township Engineer in accordance with the procedure set forth in § 211-61A of this chapter.
(d)
Stormwater runoff shall not be concentrated
onto adjacent properties unless written approval is given by the property
owner and the applicable municipality. When stormwater drainage is
to be directed into an adjacent municipality, all provisions for accommodating
such drainage shall be submitted to the governing body of that municipality
for review prior to approval of the subdivision or land development
proposal.
(e)
Storm sewers and related installations shall
be required by the Township when stormwater runoff cannot be satisfactorily
handled within the street right-of-way, as determined appropriate
by PennDOT or the Township Engineer, as applicable.
(f)
Where existing storm sewers are reasonably accessible
and of adequate capacity, subdivisions and land developments may connect
to the existing system, subject to approval of the authority or municipality
having jurisdiction over the existing system.
(g)
Where a subdivision or land development is traversed
by a watercourse, drainageway, channel or stream, or such plans propose
stormwater management facilities, a drainage easement conforming substantially
with the line of such watercourse shall be provided. The drainage
easement shall be of such width (minimum 20 feet) as will be adequate
to preserve the unimpeded flow of natural drainage; or for the purpose
of widening, deepening, relocating, maintaining, improving or protecting
such drainageway; or for the purpose of protecting such watercourse
for the purpose of stormwater management or installation of a storm
sewer. Any change proposed in the existing drainageway shall be subject
to the approval of the Pennsylvania DEP and the U.S. Army Corps of
Engineers.
(h)
All storm drainage facilities constructed along
or crossing public streets or rights-of-way shall conform to all applicable
requirements of the PennDOT related to such drainage facilities.
(2)
Technical design criteria: stormwater detention/retention.
(a)
Proposed stormwater detention facilities shall
be designed to reduce postdevelopment peak runoff rates to predevelopment
condition rates for the two-, ten-, twenty-five- and one-hundred-year
design storms. These design storms shall be routed through stormwater
detention systems using the modified Puls procedure.
(b)
The Soil Conservation Service Unit Hydrograph
Method or Technical Release 55 should be used to complete hydrologic
computations that are required for the design of stormwater detention
basins. Rainfall data for the TR-55 and the SCS Unit Hydrograph Method
shall be obtained from the NOAA Atlas 14 Precipitation Frequency Estimates
for (Figure 2 in Appendix C[1] of this chapter).
[1]
Editor's Note: Appendix C is included at the end of this chapter.
(c)
All stormwater detention basins shall be designed
to safely discharge the one-hundred-year peak discharge through an
emergency spillway and all other outlets in a manner that will not
damage the integrity of the basin. The invert elevation of the emergency
spillway device shall be placed a minimum of one foot above the one-hundred-year
design water surface elevation in the stormwater detention basin.
The emergency spillway shall be designed to convey the entire one-hundred-year
peak discharge. A modified Puls routing of the one-hundred-year design
storm through the basin shall be completed assuming that the emergency
spillway is the only operable basin outlet device.
(d)
All stormwater basins, except those designed
to retain water or special vegetation as part of best management practices,
shall be designed to completely drain within 24 hours. Allowances
for best management practices shall be made if they are designed in
accordance with the Pennsylvania Stormwater Management Best Management
Practices Manual 2006, or as may hereafter be amended. Otherwise,
low-flow channels shall be provided that would extend between points
of concentrated inflow to the basin and the basin outlet structure.
(e)
Earth fill embankments shall be designed using
the following minimum standards:
[1]
The height of the embankment should not exceed
10 feet.
[2]
The minimum top width of embankments shall be
10 feet.
[3]
The side slopes of the embankment fill should
not be steeper than three horizontal to one vertical.
[4]
The side slopes of areas in a cut should not
be steeper than three horizontal to one vertical.
[5]
A cutoff trench of impervious materials shall
be provided under all earth fill embankments exceeding four feet in
height.
[6]
All pipes through embankments shall be constructed
with anti-seep collars. The design of such collars shall be in accordance
with the attached design procedure and detail specifications (Figure
3 in Appendix C[2] of this chapter).
[2]
Editor's Note: Appendix C is included at the end of this chapter.
(f)
Trash racks may be required at basin outlet structures. These trash racks shall be designed in accordance with recommendations provided in Chapter 11 of "Design and Construction of Urban Stormwater Management Systems" (Water Environment Federation, American Society of Civil Engineers, 1992, or as may hereafter be amended).
(g)
Riser outlet structures (where required) shall
be constructed on a foundation to prevent floating and movement of
the outlet structure due to water and frost action.
(h)
Trees and shrubs shall not be planted along
the embankment(s) of stormwater basins.
(i)
The Township reserves the right to require fencing
around stormwater basins where, in its opinion, such protection is
warranted.
(3)
Technical design criteria: conveyance systems.
(a)
Stormwater conveyance systems (such as storm
sewers) may be designed for storm events other than the twenty-five-year
design storm. However, an overland flow path shall be provided to
convey one-hundred-year storm runoff to a stormwater detention/retention/infiltration
facility without incidental flooding of a building, parking areas,
traffic lanes or pedestrian areas.
(b)
The Rational Method may be used to compute peak
runoff for drainage areas involving less than 100 acres. Runoff coefficients
used in the Rational Method should be selected using the attached
table (Figure 1 in Appendix C[3] of this chapter), (Rawls, et al., 1981). The SCS Unit
Hydrograph Method or TR-55 should be used to compute runoff rates
for drainage areas involving more than 100 acres. Rainfall data for
TR-55 and the SCS Unit Hydrograph Method shall be obtained from the
NOAA Atlas 14 Precipitation Frequency Estimates (Figure 2 in Appendix
C of this chapter).
[3]
Editor's Note: Appendix C is included at the end of this chapter.
(c)
Detailed hydraulic design computations shall
be provided for all storm pipes. Recommended hydraulic computational
procedures are described in detail in "Design of Urban Highway Drainage
— The State of the Art" (US DOT, FHA, 1979, or as may hereafter
be amended) and "Hydraulic Charts for the Selection of Highway Culverts"
(Hydraulic Engineering Circular Number 5, US DOT, FHA, 1965, or as
may hereafter be amended).
(d)
Stormwater collection and conveyance systems
shall have a minimum diameter of 15 inches.
(e)
Manufactured end sections shall be provided
at terminus ends of all storm pipes.
(f)
Energy dissipators shall be placed at the outlets
of all storm pipes. Design computations shall be submitted for all
proposed energy dissipators. Recommended design procedures are described
in the Erosion and Sediment Pollution Control Program Manual (PA DEP,
2002, or as may hereafter be amended).
(g)
Drainage swales shall be designed in accordance
with procedures described in "Design of Roadside Channels with Flexible
Linings" (Hydraulic Engineering Circular Number 15, US DOT, FHA, 1988,
or as may hereafter be amended.)
(h)
Detailed hydraulic computations shall be provided
for stormwater inlet grates. Recommended hydraulic computational procedures
are described in detail in PennDOT Design Manual, Part 2 Highway Design,
Chapter 10 and in "Drainage for Highway Pavements" (Hydraulic Engineering
Circular Number 12, US DOT, FHA, 1984, or as may hereafter be amended).
(i)
Design water surface elevations in stormwater
inlets should be at least six inches below the grate elevation, otherwise,
the inlet grate may not accept any stormwater runoff.
(j)
Profile drawings shall be required for all stormwater
conveyance systems.
(k)
An engineering evaluation of existing stormwater
facilities may be required by the Township or the County Conservation
District.
(4)
Technical design criteria: infiltration systems to
encourage recharge (infiltration pits/swales/trenches).
(a)
Stormwater infiltration devices shall be designed
in accordance with recommendations provided in the Pennsylvania Stormwater
Management Best Management Practices Manual 2006, or as may hereafter
be amended.
(b)
Specific criteria:
[1]
Infiltration devices shall be designed to infiltrate
the entire volume of a one-hundred-year/one-hour storm and the two-year/twenty-four-hour
storm. All designs must show complete dewatering of the infiltration
device within 48 hours.
[2]
All infiltration facilities shall be designed
based on the results of actual site-specific infiltration tests. Testing
shall be conducted in accordance with the Pennsylvania Stormwater
BMP Manual 2006, or as may hereafter be amended.
[3]
Infiltration devices shall not be on slopes
greater than 20%. The longer dimensions of the devices shall be parallel
to ground contours where slopes exceed 5%.
[4]
Infiltration devices or the drains to them shall
have a sediment trap that can be maintained regularly. All downspouts
shall have leaf strainers to prevent leaves from clogging the infiltration
device.
[5]
Infiltration devices connected to roof downspouts
shall be located at least 10 feet from basement walls and downslope
of the building.
[6]
The bottom of the infiltration device shall
be at least two feet above the seasonally high water table and bedrock
or otherwise be shown to be capable of handling the required design
volumes.
[7]
Stormwater runoff capacity may be distributed
among several infiltration devices as long as the total required volume
is achieved and corresponding volumes of stormwater are routed to
these devices.
[8]
The use of perforated pipe, concrete vault,
or other storage devices may be used to obtain additional storage.
[9]
In all cases, an overflow system should be provided
to accommodate storm frequencies in excess of the design requirements.
D.
Plan requirements.
(1)
The stormwater management plan for a proposed subdivision
or land development shall include a brief description of the following:
(a)
Existing drainage patterns and stormwater runoff
characteristics of the site, including any existing drainage or stormwater
runoff problems and facilities;
(b)
The anticipated impact that future development
of the property will have on existing stormwater runoff and drainage
patterns; and
(c)
The type of structural and nonstructural improvements
planned to manage postdevelopment stormwater runoff.
(2)
The proposed location of both structural and nonstructural
improvements shall be shown on the subdivision or development plot
plans. The Township shall require the subdivider to provide topographic
contour information at such intervals as deemed appropriate on the
plot plans in order to better evaluate the proposed stormwater management
techniques and/or facilities.
(3)
Separate, detailed specifications, including complete
design calculations, cross sections, profiles, manufacturers' details,
etc. shall be submitted by the developer for all proposed structural
stormwater management improvements.
(4)
The subdivider shall also submit a proposal for ownership
and maintenance of all proposed stormwater management improvements
within his development, in accordance with the following provisions:
(a)
Where the subdivider proposes to dedicate such
improvements to the Township and the Township has agreed to accept
the ownership and maintenance responsibilities thereof, a deed which
dedicates the land to be used for the stormwater management improvement
to the Township shall be submitted as a part of the stormwater management
plan. If approved by the Township, the deed of dedication shall be
recorded with the final subdivision or development plan.
(b)
Alternately, where no municipal participation
is anticipated, an ownership and maintenance agreement specifying
ownership and assigning maintenance responsibilities for the proposed
improvements to either the developer or property owners within the
subdivision shall be recorded with the final subdivision or development
plan and shall be referenced in the deeds for each property within
the subdivision. The following criteria shall apply to all stormwater
management ownership and maintenance agreements.
[1]
The party (or parties) responsible for the maintenance
of all stormwater management facilities shall be identified in the
ownership and maintenance agreement. The Township may require the
developer to organize a homeowners' association to own and maintain
such facilities, in lieu of an acceptable alternative suggested by
the developer. Regardless of the type of agreement selected, the developer
shall be responsible for the stormwater management facilities and/or
participation in the homeowners' association until all lots in the
development are sold or until all units are leased, as applicable.
[2]
A stormwater management maintenance plan shall
be submitted by the developer to the Township for review and approval
by the municipality and its Engineer. This maintenance plan shall
include specific stormwater management maintenance requirements.
[3]
A copy of the applicable stormwater management
plan (including the maintenance plan), erosion and sediment pollution
control plan, and design plan(s) for each subdivision and/or stormwater
management facility shall be maintained by the party (or parties)
identified above for reference purposes.
[4]
An inspection of all stormwater management facilities
shall be conducted at least every six months and after severe rainfall
events by the responsible party (parties). This inspection shall be
followed up with a letter report. Copies of this letter report shall
be submitted to the Township and to the County Conservation District.
Items to be reviewed during this inspection shall include, but need
not be limited to, rodent damage, erosion problems, embankment failures,
sediment and/or debris accumulation, and vandalism.
[5]
Any damaged facilities shall be repaired and/or
replaced by the responsible party (parties) in accordance with the
time frame established by the Township.
[6]
The Township Supervisors and the County Conservation
District shall be contacted immediately in the event of severe damage
to any stormwater management facility. In such instances, the Township
shall reserve the right to review and approve plans to repair and/or
replace severely damaged facilities.
[7]
When for any reason the responsible party (parties)
fails to properly maintain any stormwater management facilities identified
in its (their) maintenance plan, the Township Supervisors shall have
the right to enter upon such property as may be necessary to access
the facilities and perform the appropriate maintenance. Upon completion
of such maintenance, the Township shall assess all property owners
of the development for costs associated with the necessary maintenance.
(5)
A record drawing (as-builts) of all stormwater management improvements, certified by a registered professional engineer or land surveyor, shall be provided to the Township Supervisors by the developer upon completion of all such construction activities. (See also § 211-41 for improvement dedication requirements.)
A.
No subdivision or land development plan shall be approved
by the Commission where wetlands are known or are expected to exist
until sufficient determination has been made regarding the actual
existence and location of such areas. Wetland delineations shall be
made utilizing the National Wetland Inventory Maps for Mahoning Township
and the hydric soils listing contained in the Montour County Soil
Survey. Where such wetlands are situated within the proposed development
area of a site, specific evaluations shall be conducted by a qualified
wetlands specialist (with technical training and expertise in botany,
hydrology, soil science or a related field) to determine the actual
location and dimension of the wetland areas. Following delineation
by the wetlands specialist, a jurisdictional determination or verification
of the designated wetlands shall be made by the U.S. Army Corps of
Engineers.
B.
A statement shall be placed on all plot plans involving
wetlands indicating that the landowner and/or his surveyor were responsible
for locating such wetland areas and indemnifying the Township against
any and all liability arising therefrom. In addition, the statement
shall include the source(s) used to make the wetland determination.
C.
Where determined appropriate by the findings of Subsection A above, specific wetland delineations shall be shown on the subdivision or land development plot plans and any additional information or determinations shall be submitted to the Township along with the preliminary or final subdivision or land development plans, as applicable. Subdivision approval may be granted for developments including wetlands, but such approval shall prohibit building construction within 50 feet of these areas unless the requirements of Subsection D below can be met.
D.
Construction within wetland areas of the Township
shall not be permitted unless such development can comply with Section
404 of the Federal Clean Streams Act and Chapter 105 of the State
Regulations for Bodies of Water within the Commonwealth. (Permits
to meet both sets of requirements, administered by the U.S. Army Corps
of Engineers and the Pennsylvania DEP, respectively, can be applied
for using a joint application.) Zoning permits shall not be issued
by the Township Zoning Officer until both the federal and state regulations
have been met.
The management and regulation of subdivision
or development in identified floodplain areas of Mahoning Township
shall be accomplished in accordance with the standards and requirements
of the National Flood Insurance Program and the Pennsylvania Floodplain
Management Act (Act 166 of 1978). The provisions of this section are
intended to protect property owners from increased flood hazards resulting
from inappropriate development of the floodplain and to protect potential
buyers from purchasing land which may not be suitable for development.
A.
General requirements.
(1)
Subdivision and land development proposals for properties
located in an identified floodplain area must comply with the floodplain
management regulations contained in the Mahoning Township Zoning Ordinance
(enacted September 20, 2004, or as may hereafter be amended).[1]
(2)
Land areas susceptible to flooding shall be identified
using the most current National Flood Insurance Program mapping, prepared
by the Federal Emergency Management Agency (FEMA), for the Township.
In areas of the Township where detailed flood mapping is not provided
by FEMA, the best available elevation and floodway information from
federal, state and other acceptable sources shall be used to determine
the flood hazard area.
(3)
Subdivision and land development proposals for property
located within the floodplain may be approved by the Township, with
the stipulation that any planned or future development of the property
shall comply with the floodplain management regulations contained
in the Mahoning Township Zoning Ordinance.
(4)
The Township may require the subdivider, as a stipulation
of subdivision or land development approval, to include a notice on
the plot plans and in every deed stating that the subdivision is located
in a floodplain and that development of lots within the subdivision
must occur in accordance with all federal, state and municipal floodplain
management regulations.
B.
Design standards. All subdivisions or land developments
proposed to be located within any identified floodplain area shall
be designed in accordance with the standards contained in the Mahoning
Township Zoning Ordinance (enacted September 20, 2004, or as may hereafter
be amended).[2]
C.
Plan requirements.
(1)
All plans for subdivision or development of property
located within an identified floodplain must show the location of
the one-hundred-year floodplain boundary and the location of the floodway,
if available, according to the most current National Flood Insurance
Program flood mapping for the Township.
(2)
Where applicable, and as may be required by the Pennsylvania
Department of Community and Economic Development, a copy of a special
permit application shall be submitted to the Township for evaluation
along with the subdivision or land development plans.
Monuments and markers shall be constructed and
located as provided below and shall be set by a registered professional
land surveyor prior to final plan approval.
A.
Material and size. Monuments and markers shall be
constructed of the following materials and shall be of the following
sizes:
|
Construction
|
Minimum Size
(inches)
| ||
|---|---|---|---|
|
Monument
|
Concrete or stone
|
6 by 6 by 30 or 4-inch diameter by 30
| |
|
Monument
|
Concrete-filled cast iron pipe
|
4-inch diameter by 30
| |
|
Marker
|
Iron rods or iron or steel bars
|
5/8-inch by 15
|
B.
Placement and markings. Monuments and markers must
be placed by a registered professional land surveyor so that the scored
or marked point coincides exactly with the point of intersection of
the lines being monumented. The top of the monument or marker must
be level with the surface of the surrounding ground. Concrete monuments
shall be marked on top with a copper or brass dowel. Cut stone monuments
shall have a point marking. All monuments and/or markers shall be
set prior to the granting of final plan approval.
C.
Location of monuments. Monuments must be set at: 1)
the intersections of major street right-of-way lines; 2) the intersections
of lines forming angles in the boundaries of the subdivision; and
3) such intermediate points as may be required by the Township. In
subdivisions or land developments involving five or fewer lots or
dwelling units, the Township may approve the substitution of iron
pins set in concrete for monuments.
D.
Location of markers. Lot markers must be set at: 1)
all points where lot lines intersect curves, either front or rear;
2) all angles in property lines of lots; and 3) all other lot corners,
except those monumented.
E.
Maintenance or removal. It shall be the responsibility
of the subdivider or developer to see that all monuments or markers
are properly maintained until such time as the lot or tract is conveyed.
Maintenance of such monuments or markers shall then become the responsibility
of the new owner. Any monuments or markers that are removed shall
be replaced by a registered professional land surveyor at the expense
of the person(s) removing them.
