The standards of design in this article should be used to judge the adequacy of subdivision or land development proposals. Where, in the opinion of the Planning Commission, the literal application for these standards in certain cases would work undue hardship or be plainly unreasonable, the Planning Commission may recommend to the Supervisors such reasonable exceptions as will not be contrary to the public interest.
The developer shall construct and install, with no expense to the Township, the streets, curbs, sidewalks, water mains, sanitary and storm sewers, streetlights, fire hydrants, street signs, shade trees, monuments, lot pins and other facilities and utilities specified in this article. Construction and installation of such facilities and utilities shall be subject to inspection by appropriate Township officials during the progress of the work. The developer shall pay for all inspections.
The following principles of subdivision and land development, general requirements and the minimum standards of design shall be observed by the developer in all instances.
A. 
Floodplain areas shall not be subdivided or developed except in strict compliance with the standards and requirements of § 129-31 of this article.
B. 
Where no public water supply is available to the subdivision or land development, the Township Well Ordinance[1] shall apply. It shall be unlawful for any person to locate, drill or have drilled any well or to install or have installed any related pumping equipment until a permit for such location, drilling, installation or alteration shall have been issued by the Montgomery County Health Department and/or other applicable regulatory agencies.
[1]
Editor's Note: See Ch. 152, Water Wells.
C. 
Proposed subdivisions and land developments shall be coordinated with the existing nearby neighborhood so that the community as a whole may develop harmoniously.
D. 
Improvement construction requirements will be completed under specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection or other appropriate agencies or the specifications included herein, whichever specifications shall result in the more favorable interpretation of this section.
In accordance with Article XI of the Second Class Township Code,[1] all new streets and culs-de-sac and widened portions of all existing rights-of-way intended for public use shall be dedicated to the Township, county or state, subject to final acceptance based on compliance with the following requirements:
A. 
Arrangements. Streets shall be arranged and considered in relation to both existing and planned streets and located so as to allow proper development of surrounding properties. Collector streets and through highways shall be connected with such existing streets and highways so as to form continuations thereof. Residential streets shall be laid out so as to discourage their use as collectors streets or through highways.
B. 
Conformity with topography. Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable grade.
C. 
Grading. The shoulders shall be graded to the full width of the right-of-way and provisions made for slopes beyond the right-of-way in accordance with Township specifications.
D. 
Street width. The minimum widths of the right-of-way and the paving shall not be less than those of an existing street, of which the new street is to be a continuation, nor less than the following:
Type of Street
Right-of-Way
(feet)
Paving
(feet)
Arterial street
80
50
Collector street
60
36
Dedicated local street and rural street
50
26
Private street (with curbing)
40
22
Private street (no curbing)
40
18
E. 
Additional width requirements. Additional widths may be required by the Township:
(1) 
Where necessary for public safety and convenience.
(2) 
For parking and acceleration and deceleration lanes in commercial, industrial, A-R, R-E, SC,VC, AR1, IN, R3, R3A, R3B, C1 or multiple-family residential areas.
(3) 
Where old streets do not provide the proper widths and additional dedication is necessary in accordance with the Whitpain Township Street Map.
F. 
Temporary turnabout. Where it is proposed that a street be constructed to an abutting property line with the intention that such a street will be extended onto the adjoining property at a future date, a temporary circular turnabout shall be built wholly within the right-of-way. The right-of-way width will be a minimum of 50 feet, and the radius of the turnabout shall be at least 25 feet.
G. 
Intersections.
(1) 
Right-of-way. Wherever practicable, right-of-way lines shall intersect at right angles and shall be rounded by a tangential arc having a minimum radius of 13 feet.
(2) 
Safe sight distances at intersections. Safe sight distances at all intersections of streets and driveways intersecting streets shall be established in accordance with PA DOT standards and regulations for the posted speed limits per 67 Pa. Code Chapter 441. No obstructions such as fences, hedges, walls, plantings or other obstructions shall be located within the right-of-way.
(3) 
Clear sight triangle at intersections. Proper sight lines shall be maintained at all intersections of streets. Measured along the center lines, there shall be a clear sight triangle of 75 feet from the point of intersection. No building or present or future obstruction will be permitted in this area.
(4) 
Curb. Curblines shall be rounded by a tangential arc, the minimum radius of which shall be 25 feet. The grade lines of the curbs at intersections shall intersect if the tangents are extended. In the case of street intersections with arterial streets, the curb radius shall be 55 feet.
(5) 
Minimum angle of intersection. Right angle intersections shall be used whenever practicable, especially when local streets empty arterial or collector streets. There shall be no intersection angle, measured at the center line, of less than 60°.
(6) 
Intersections with arterial streets. Intersections with arterial streets shall be permitted in accordance with PennDOT standards and regulations.
(7) 
Multiple intersections. Multiple intersections involving the junction of more than four streets shall be prohibited.
(8) 
Intersections along arterial streets.
(a) 
Where the center lines of minor streets opening into opposite sides of an arterial street are within 200 feet of each other, they shall be made to coincide by curving or angling the minor streets.
(b) 
Intersecting local and collector streets shall not empty into the same side of an arterial street at intervals of less than 800 feet.
H. 
Crown. All pavements shall have a minimum cross slope of 2%.
I. 
Curbs. Curbs shall be required for all new dedicated streets and culs-de-sac intended for public use. To promote the installation of stormwater BMPs, openings in the curb may be permitted upon review and approval by the Township Engineer. Curbing shall be required in a golf course residential community unless waived by the Board of Supervisors. Where curbs are required in a golf course residential community, cobblestone or Belgian block curbing may be permitted by the Board of Supervisors.
J. 
Street grading. All streets shall be graded to the grades shown on the street profile and cross-section plan submitted and approved with the preliminary plan. They shall be inspected and checked for accuracy by the Township Engineer.
K. 
Paving and curbing. All pavement and curbing shall be installed as shown on the approved plan.
L. 
Pavement thickness. Bituminous concrete paving shall have a minimum total compacted depth of 13 1/2 inches, consisting of a six-inch subbase 2A Type C stone and four inches compacted depth of bituminous concrete base course (25 millimeter size) conforming to Pennsylvania Department of Transportation Specification Form 408 and 3 1/2 inches compacted depth of ID-2 or ID-2A bituminous concrete (two-inch binder, 19 millimeter size, and one-and-one-half-inch wearing, 9.5 millimeter size) conforming to Pennsylvania Department of Transportation Specification Form 408. All wearing surface courses shall be sealed to the concrete curb with a one-foot-wide bituminous gutter seal.
M. 
Alignment.
(1) 
Horizontal sight distance. On all curves a sight distance at the center line of at least 400 feet on arterial streets and 150 feet on local and collector streets at driver's eye height of five feet shall be provided with respect to horizontal alignment.
(2) 
Horizontal curves. Horizontal curves shall have a minimum radius on the center line of 300 feet on secondary streets and 150 feet on local streets. A long radius curve shall be used rather than a series of curves connected by short tangents. Reverse curves shall be separated by tangents of 100 feet or more. Minimum radius curves at the end of long tangents are to be avoided.
(3) 
Vertical curves. Vertical curves shall be used at changes in grade of more than 1%. The length of the curve shall approximate 50 feet on collector streets and 25 feet for local streets for each 1% of change in grade. Over summits or in sumps, vertical curves shall not produce excessive flatness in grade.
N. 
Grade.
(1) 
Maximum; minimum. The maximum grade shall be 7% for local streets and 7% for collector streets. The minimum grade shall be 1%. Grades in excess of 5% are to be avoided.
(2) 
Street intersections. The grade within 50 feet of any side of an intersection shall not exceed 3%.
(3) 
Where measured. The grade shall be measured along the center line.
O. 
Curve/grade combinations. A combination of minimum radius horizontal curves and maximum grades will not be approved.
P. 
Provisions of streets for future development. If the lots resulting from the original development are large enough for resubdivision or land development or if a portion of the tract is not subdivided or developed, suitable access and street openings for such an eventuality shall be provided.
Q. 
Half street. The dedication of half streets at the edges of a new subdivision or land development is prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street must be furnished by the developer. When there exists a half street in an adjoining subdivision or land development, the remaining half shall be provided by the proposed development.
R. 
Street names and signs. Street names must be approved by the Township Board of Supervisors. Signposts and nameplates approved by the Township authorities shall be placed at street intersections at the expense of the developer.
S. 
Reserve strips. Reserve strips controlling access or egress are prohibited. New streets shall be provided through to the boundary lines of the development, especially if it adjoins acreage suitable for future development.
T. 
Streetlights. The location of poles or standards for streetlights shall be located on the plan, and, when required by the Township authorities, said poles or standards of a type approved by the Township authorities shall be erected.
U. 
Private streets. When private streets, as distinct from private driveways, are permitted, they shall be built to Township specifications, except that the following standards and specifications shall apply to private streets within a golf course residential community:
(1) 
Number of lots served. All dwellings in or facilities incidental to the golf course residential community may be served with private streets.
(2) 
Design standards. Where private streets are provided, they shall be planned and constructed in accordance with the following standards:
(a) 
Private residential loop/cul-de-sac shall connect private minor culs-de-sac to the private residential collector streets. The minimum allowable right-of-way shall be 40 feet and the minimum allowable cartway shall be 22 feet. Where a cul-de-sac is provided, it shall have a minimum one-hundred-foot radius to the edge of the right-of-way and a minimum sixty-foot radius to the outside of a center island within a private residential cul-de-sac. The inside island shall be landscaped and maintained as open space. Where private residential culs-de-sac are utilized, a stabilized emergency access driveway shall be provided.
(b) 
Private minor culs-de-sac/courts shall be no greater than 800 feet in length and shall be designed with a center island having a minimum outside radius of 22 feet. The right-of-way shall be a minimum of 40 feet and the cartway shall be a minimum of 22 feet. The end turnaround shall have a minimum fifty-foot right-of-way radius and a minimum forty-foot radius to the outside edge of the cartway. The cartway shall consist of a one-way turning lane of at least 18 feet. The island area shall be landscaped and maintained as open space.
(c) 
Parking. Parking on private streets shall be prohibited in a golf course residential community.
(3) 
Emergency access. Private streets in a golf course residential community shall be designed to provide access suitable for fire, ambulance and other emergency vehicles.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The minimum widths of the right-of-way and the paving shall not be less than the following: 50 feet in width, 26 of feet paving for a dedicated residential cul-de-sac, and 60 feet in width, 40 feet of paving for a dedicated nonresidential cul-de-sac. A dedicated residential cul-de-sac or a dedicated nonresidential cul-de-sac shall have a circular turnabout with a minimum right-of-way radius of 50 feet and an outer paving radius of 40 feet of paved full area. If a dedicated cul-de-sac is approved, sidewalks shall be constructed at a minimum of one side and around the turnaround. A dedicated cul-de-sac will not be approved when a through street is practicable.
If any easements are used in any subdivision or land development of any lot, tract or parcel of land within the Township to access any structure for sanitary sewer, such easements shall be a minimum of 20 feet in width for sewers that are less than 10 feet deep, and shall be a minimum of 30 feet for depths greater than 10 feet. Said easements shall be free and clear of any plant materials, trees or other landscaping, the root structure of which may grow in such a fashion as to cause the risk of intrusion or dislodgment of the underground facilities or be of such size or grow to such size that it could impede immediate access to the underground piping or any other portions of the sanitary sewer equipment or installation, and no building, structure or other man-made facility shall be permitted within the easement area of such size or potential size that it would impede the immediate access to the easement area and its installations.
An alley shall not be accepted except under special conditions.
All driveways shall be constructed in accordance with PennDOT Chapter 441 regulations or current PennDOT standards. Driveways that access state or county streets shall be subject to any other conditions imposed as part of the street occupancy permit of the applicable regulatory agency.
A. 
Residential driveways.
(1) 
A driveway at least 10 feet in width with a base and surface constructed so as to be passable in all types of weather shall be provided.
(2) 
All driveways shall have a maximum slope of 10%.
(3) 
All driveway aprons or depressions shall have a maximum width of 14 feet at the curbline.
B. 
Nonresidential driveways.
(1) 
All driveways and internal circulation patterns shall be designed to provide safe navigation for emergency vehicles including fire apparatus and any anticipated delivery and service vehicles.
A. 
Where required. Sidewalks shall be provided at any location where the Board of Supervisors shall determine that sidewalks are necessary for public safety or convenience.
B. 
Width. Sidewalks shall not be less than four feet in width in residential areas, five feet in width in all other areas.
C. 
Location. Sidewalks shall be located in the shoulder strip and six feet from the curb to the near edge of the sidewalk. The grade and paving of the sidewalks shall be continuous across driveways.
D. 
Construction requirements. Sidewalks shall be constructed to Township specifications. Sidewalks shall be constructed of the same type of concrete as required for curbs and shall have a thickness of at least four inches for non-driveways and eight inches for driveway aprons. The sidewalk shall have six inches of 2A Type C stone as a base course.
E. 
Sidewalks shall be required in a golf course residential community unless waived by the Board of Supervisors.
Curbs shall be constructed to conform to Class A concrete curb in accordance, except as noted below, with specifications set forth in Pennsylvania Department of Transportation Specification 408. Curbing shall be eight inches wide, tapered to seven inches at the top, and 18 inches deep, formed front and back for the full depth. One-quarter-inch expansion joints of premolded neoprene shall be placed at intervals not exceeding 30 feet and at all changes in grade at ends of curved sections. Curbs to be placed in uniform lengths of blocks of 10 feet. The upper edge of the curbing shall be finished with a round nosing with a radius of one inch. Curbing shall have an eight-inch reveal for public streets and a six-inch reveal for parking lots and internal driveways.
A. 
Depth. Lots excessively deep in relation to width are to be avoided. A proportion of 2 1/2 to one is generally regarded as a proper maximum for lots 60 feet or more in width.
B. 
Width. The width of a lot shall be that width in feet specified for the applicable zoning district.
C. 
Side lines. Wherever practicable, the side lines of a lot shall be at right angles or radial to the right-of-way line.
D. 
House numbers. House numbers shall be assigned by the Township Engineer.
E. 
Lot numbers. For purposes of development, each subdivision or land development may have an overall system of lot numbers, the number one being assigned to a lot in the first section to be developed. (Such systems of lot numbers shall not be confused with the regular house or building numbering system based on a Township-wide plan.)
F. 
Lot pins. All lot corner markers shall be permanently located and shall be at least a three-fourths-inch metal pin with a minimum length of 30 inches, located in the ground to existing grade.
G. 
Monuments. Monuments of stone or concrete shall be placed by the developer at locations designated by the Township Engineer.
In each subdivision, provisions shall be made for open spaces, acceptable to the Township Supervisors, suitable for parks, playgrounds and recreational areas. Due consideration shall be given to the preservation of natural features, including large trees, groves, waterways, scenic points, historic spots and other community assets.
A. 
The Township Supervisors shall require a developer to do either of the following:
(1) 
Dedicate to the Township at least one acre of park and recreation area for each 25 houses planned.
(2) 
Contribute to the Township Reserve for Open Space a sum of money equivalent to the market value of the land which would be dedicated to the Township pursuant to the provisions of Subsection A(1). The Township Supervisors shall, from time to time, determine by resolution, the market value of such land and publish same in their fee schedule.
B. 
In the event that fewer than 25 houses are built, the amount of land to be dedicated for parks and recreational areas or the amount of the contribution to be made in lieu thereof shall be an amount determined by multiplying the one acre of land to be dedicated pursuant to Subsection A(l) or the sum per acre set by resolution pursuant to Subsection A(2) by a fraction, the numerator of which is the number of houses to be built and the denominator of which is 25. In the event that more than 25 houses are built, the same formula is to apply for any number of houses not an even multiple of 25.
A. 
Planting options. The following requirements are minimum standards; additional plant material, grading treatments, or architectural elements may be included in the plan, at the applicant's discretion. In addition to the plant material list contained in this section, the applicant shall refer to the Pennsylvania Department of Conservation and Natural Resources Bureau of Forestry's latest publication of the tree species for a listing of acceptable selections. Every 100 linear feet of property line or external street boundaries of the tract proposed for subdivision or land development shall be buffered with the following minimum quantities, types and sizes of plant material:
[Amended 10-17-2017 by Ord. No. 360]
(1) 
Screen buffer.
(a) 
Evergreen trees.
[1] 
Screening shall consist of double staggered rows, staggered 10 to 15 feet on center, informally arranged. Tree spacing shall be based upon the species of trees used: pine, 15 feet; spruce, 12 feet; fir, 12 feet; hemlock, 12 feet; American holly, 12 feet; cypress, 12 feet.
[2] 
Minimum tree quantity per 100 linear feet shall be 13 to 16 based on species used and spacing as noted above.
[3] 
Note: Arborvitae of suitable screen variety may be used at five-foot spacing, where space for planting is limited.
(b) 
Shrubs. In addition to evergreen trees, a minimum of 20 deciduous and/or semi-evergreen shrubs shall be installed per 100 linear feet of buffer length.
(2) 
Softening buffer.
(a) 
Two canopy trees.
(b) 
Two flowering trees.
(c) 
Three evergreen trees.
(d) 
Eight shrubs (deciduous and/or evergreen).
(3) 
Credit for preservation of existing trees.
(a) 
The requirements for softening buffer trees can be met by preserving existing trees and, to that end, the number of trees required in those sections may be reduced by a credit for approved preserved trees computed as follows:
Diameter* of Tree Trunk of Approved Preserved Trees
(inches)
Number of Three-Inch Caliper Tree Credits
36 or greater
6
30 to 35
5
26 to 29
4
20 to 25
3
13 to 19
2
6 to 12
1
NOTE:
*
Diameter breast height (dbh) measured at a height of 4 1/2 feet above natural grade
(b) 
A tree shall be deemed to be preserved when the plan provides for it to be maintained in such manner that 3/4 of the ground area within the drip line of the tree shall be maintained at the existing grade level in either vegetative landscape material or pervious surface cover.
(c) 
Trees designated for approval as preserved trees shall be preserved, as specified in the guidelines for tree preservation and protection by the Association of Consulting Arborists. At the direction of the Township representative, existing trees that have not been adequately protected during construction are to be removed and replaced.
(d) 
Trees to be considered for credit must be located in the specific area of the required landscape plantings.
(e) 
In determining trees to be protected, consideration shall be given to maintaining a clear zone between new buildings and preserved woodland edges. The following guidelines are suggested: buildings, 20 to 30 feet; pavement/walks, 10 feet.
(4) 
Calculation and estimation of existing trees shall be performed before any clearing commences and shall be performed in the presence of the Township representative, and shall be based on the following procedure:
(a) 
Trees 24 inches and larger, as measured at diameter breast height (dbh), will be documented individually and noted on the landscape plan and the existing conditions plan.
(b) 
The quantity of all trees, eight inches up to 24 inches, measured at diameter breast height (dbh) standing in masses of over 20 trees shall be estimated by the following method:
[1] 
Three one-hundred-foot-by-one-hundred-foot-square areas will be staked out in locations acceptable to the owner/developer and the Township representative.
[2] 
The quantity of trees in each area will be counted and the totals averaged to determine the average number of trees per 10,000 square feet of wooded area.
[3] 
This average quantity per area will be used to determine both the quantity of trees being removed and the quantity of trees to remain in large masses.
(5) 
Calculation and estimation of existing trees remaining after construction shall be performed by the Township representative, based on a procedure similar to that noted above.
B. 
Selection of plant materials.
(1) 
Each planting option may utilize any of the plant materials set forth below. Minimum plant size at installation, given either in height or in caliper, is indicated below. The Board of Supervisors may permit other planting types if they are hardy to the area, are not subject to blight and disease and are of the same general character and growth habit as those listed below. All plant material shall meet the standards of the American Nursery and Landscape Association, as last revised.
(2) 
The owner shall not be required to provide a buffer yard if the existing planting, topography or man-made structures are acceptable for screening purposes by the Board of Supervisors and the existing features are to be saved and preserved, with precautions to ensure continuous vigorous growth shown on the plans.
(3) 
Buffers are not intended to be a monocultural planting. No more than 25 trees of the same species shall be permitted in a row.
(4) 
A variety of tree and shrub species must be used in each schedule of new plant materials proposed for planting, using the following scale:
Number of Trees
(or Shrubs)
Minimum Number of Tree (or Shrub) Species
Maximum Number of Any One Tree (or Shrub) Species
0 to 5
1
100%
6 to 15
2
50%
16 to 30
3
40%
31 to 50
4
30%
51+
6
20%
C. 
Plant material list.
(1) 
Canopy trees: minimum two-and-one-half- to three-inch caliper,* 13 feet to 15 feet high, seven-foot minimum spread, clear trunk to six feet eight inches above the ground and full branching structure.
Botanical Name
Common Name
Condition Tolerance
Acer rubrum
Red maple and cultivar varieties
W
Acer saccharum
Sugar maple
D
Betula nigra
River birch
W (multistem)
Carya species
Hickory
Carpinus betulus
European hornbeam
D
Celtis occidentalis
Common nackberry
Cercidiphyllum japonica
Katsura tree
Cladastris lutea
Yellowwood
Fagus grandifolia — American beech
D
Fagus sylvatica
European beech
D
Ginkgo biloba 'Golden Colonnade'
Golden Colonnade® Ginkgo
Gleditsia triacanthos inermis
Thornless honeylocust and cultivar varieties
D
Koelreuteria paniculata
Golden rain tree
Liquidambar styraciflua
Sweet gum
W
Liriodendron tulipifera
Tulip tree
Liriodendron tulipifera 'Emerald City'
Emerald City® tulip tree
Metasequoia glypostroboides
Dawn redwood
Nyssa sylvatica
Black gum
W
Nyssa sylvatica 'Haymanred'
Red Rage® Tupelo
Ostrya virginiana
Hop-hornbeam
Platanus acerifolia
London planetree
Quercus alba
White oak
Quercus bicolor
Swamp white oak
Quercus borealis
Northern red oak
D
Quercus coccinea
Scarlet oak
D
Quercus imbricaris
Shingle oak
Quercus palustris
Pin oak
W (nonvehicular and pedestrian areas only)
Quercus phellos
Willow oak
Quercus robar
English oak
Quercus velutina
Black oak
D
Salix babylonica
Weeping willow
W
Sophora japonica
Japanese scholar tree
Tilia tomentosa
Silver linden
Tilia cordata
Littleleaf linden
Ulmus
Hybrid elms (disease-resistant selections)
Zelkova serrata
Japanese zelkova
NOTES:
*Trees of four-inch caliper and less are the measurement of the trunk diameter at six inches above ground level as defined in the American Standard for Nursery Stock by the American Nursery and Landscape Association. Nursery-grown trees of greater than four-inch caliper are measured at 12 inches above the ground level. Spread may be less than eight feet for upright varieties.
W = Trees known to tolerate wet conditions.
D = Trees known to tolerate dry conditions.
(2) 
Flowering trees: minimum six feet high, four-foot minimum spread, symmetrically branched to within four feet from the ground.
Botanical Name
Common Name
Condition Tolerance
Amelanchier canadensis
Shadblow serviceberry
W (multi-stem)
Cercis canadensis
Eastern redbud
Chionanthus virginicus
White fringetree
Cladrastis lutea
American yellowood
Cornus species
Tree-form dogwoods
Crataegus species
Hawthorns
D
Magnolia stellata
Star magnolia
Magnolia soulangeana
Saucer magnolia
Magnolia virginiana
Sweetbay magnolia
W
Malus species
Crabapples
Oxydendrum arboreum
Sourwood
Prunus incisa x campanulata
Okame flowering cherry
Prunus sargentii 'Pink Flair'
Pink Flair® cherry
Prunus subhirtella 'Pendula'
Weeping Japanese cherry
Prunus subhirtella 'Autumnalis'
Autumn flowering cherry
Prunus yedoensis
Yoshino cherry
Styrax japonicus 'Snow Charm'
Snow Charm® Japanese snowbell
Syringa amurensis
Japanese tree lilac
NOTES:
W = Trees known to tolerate wet conditions.
D = Trees known to tolerate dry conditions.
(3) 
Evergreen trees: minimum seven to eight feet high, four-foot minimum spread,* single leader, symmetrically branching to the ground.
Botanical Name
Common Name
Condition Tolerance
Abies species
Fir
Ilex opaca
American holly
Picea species
Spruce
Pinus species
Pine (excluding Austrian pine)
D
Thuja species
Arborvitae*
Tsuga species
Hemlock
Chamaecyparis species
Cypress
NOTES:
Spread may be less than four feet for upright or columnar varieties.
W = Trees known to tolerate wet conditions.
D = Trees known to tolerate dry conditions.
(4) 
Evergreen shrubs: thirty-inch minimum height, twenty-four-inch minimum spread and symmetrically branched to the ground.
Name
Condition Tolerance
Evergreen azalea species
Evergreen rhododendron species
Ilex crenata species — Japanese holly species and other evergreen shrub hollies
Juniper species
D
Leucothoe species*
Picea mariana (shrub form black spruce varieties)
W
Taxus species  — yew species*
Vaccinium species
W
Viburnum (evergreen varieties)
NOTES:
*Height and spread requirements may be reversed for spreading varieties of evergreen shrubs.
W = Shrubs known to tolerate wet conditions.
D = Shrubs known to tolerate dry conditions.
(5) 
Deciduous shrubs: thirty-six-inch minimum height, twenty-four-inch minimum spread and symmetrically branched to the ground.
Name
Condition Tolerance
Aronia species — Chokeberry
Cotoneaster species
Daphne species
Deciduous azalea species
Deutzia species
Elaeagnus species
D
Enkianthus species
Erica species
Forsythia species
W
Hamamelis vernalis  — Vernal witchhazel
Hamamelis virginiana — Common witchhazel
Ilex verticillata — Winterberry holly and other deciduous hollies
W
Myrica pensylvanica — Northern bayberry
Potentilla species
D
Pyracantha species
D
Sambucus Canadensis — Elderberry
Spiraea species (not including Spiraea japonica)
Viburnum species
Some D, some W
NOTES:
W = Shrubs known to tolerate wet conditions.
D = Shrubs known to tolerate dry conditions.
(6) 
Trees under or near overhead utility lines (unless otherwise specified by the utility company).
Botanical Name
Common Name
Condition Tolerance
Acer campestre*
Hedge maple
D
Acer ginnala*
Amur maple
Acer rubrum 'Bowhall'**
Bowhall maple
Acer rubrum 'Armstrong'**
Armstrong maple
Amelanchier arborea 'Robin Hill'*
Robin Hill Serviceberry
Carpinus caroliniana 'Native Flame'
Native Flame® American Hornbeam**
Hawthorn varieties (not in areas where driver visibility is an issue)*
D
Hornbeam**
Prunus varieties*
Syringa reticulata
Japanese tree lilac*
Zelkova serrata `City Sprite'
City Sprite® Zelkova*
Zelkova serrata 'Schmidtlow'
Wireless® Zelkova*
NOTES:
*These trees, or similar species, are acceptable under utility lines.
**These trees, or similar species, are acceptable near above ground utility lines.
W = Trees known to tolerate wet conditions.
D = Trees known to tolerate dry conditions.
D. 
Landscape requirements for off-street parking.
(1) 
Within the parking facility, there shall be planted at least one tree of 2 1/2 inches caliper minimum for every five parking spaces in single bays and one tree of 2 1/2 inches caliper minimum for every 10 parking spaces in double bays. Trees shall be planted in such a manner as to afford maximum protection from the sun for parked vehicles. The following trees are particularly recommended for off-street parking areas:
Botanical Name
Common Name
Condition Tolerance
Acer rubrum
Red maple and cultivar varieties
W (only when planted in 300 square feet minimum greenspace/tree)
Cladastris lutea
Yellowwood
Ginkgo biloba
Ginkgo
Gleditsia triacanthos inermis
Thornless honeylocust and cultivar varieties
D
Liriodendron tulipifera
Tulip tree
Nyssa sylvatica
Black gum
W
Platanus acerifolia
London planetree
Tilia cordata
Littleleaf linden
Ulmus
Hybrid elms (disease-resistant selections)
Zelkova serrata
Japanese zelkova
NOTES
*Trees of four-inch caliper and less are the measurement of the trunk diameter at six inches above ground level as defined in the American Standard for Nursery Stock by the American Nursery and Landscape Association. Nursery-grown trees of greater than four-inch caliper are measured at 12 inches above the ground level. Spread shall be at least eight feet except for upright varieties.
W = Trees known to tolerate wet conditions.
D = Trees known to tolerate dry conditions.
(2) 
A minimum of 10% of any parking lot facility over 2,000 square feet in gross area, whether constructed immediately or reserved for future needs, shall be devoted to landscaping, inclusive of required trees.
(3) 
Where property screen and/or softening buffers do not essentially duplicate these requirements, the perimeter of all parking facilities shall be landscaped with one or any combination of the following buffers in order to visually screen the motor vehicles from adjoining streets and property boundaries:
(a) 
One twenty-four- to thirty-inch-tall evergreen shrub per each three feet of buffer [species from § 129-19C(4) above.]
(b) 
One four- to four-and-one-half-foot-high berm.
(c) 
One five-foot-high wooden or stockade-type fence (only in situations where space constraints do not permit sufficient space for planting and/or a berm as noted above).
(4) 
All plantings shall be able to survive soot, gas fumes and salt. Trees which have low-growing branches, gum or moisture which may drop on vehicles or blossoms, thorns, seeds or pods which may clog drainage facilities shall be avoided. The plantings chosen should be of sufficient size to be effective the first year they are planted.
(5) 
All landscaping planting areas shall be raised in order to prevent road salts from seeping into the planting area.
(6) 
Parking garages or covered parking structures shall be landscaped and buffered so that they are concealed from view from adjoining tracts of residential or institutional districts or existing perimeter public streets. Parking areas located beneath any such garage or structure which is located above surrounding grade shall be screened by screen-walls and landscaping.
[Amended 10-17-2017 by Ord. No. 360]
A. 
Landscaping provides essential ecosystem services such as stormwater and runoff mitigation, natural resource protection, as well as other important social, cultural, and educational benefits.
B. 
Final grading plan. A final grading plan is required for each subdivision of three or more contiguous lots and for each land development. This plan shall show, in addition to the location and outline of buildings, walks and streets, the original contours and the final contours of the land.
C. 
Existing trees.
(1) 
Existing trees shall not be indiscriminately leveled to facilitate the construction of buildings, streets and utilities. The burden shall be on the developer to demonstrate that he is unable to plan the land without destroying existing identified trees.
(2) 
Existing trees to remain shall be carefully protected from construction equipment, building materials and stockpiled earth by the erection of protective barricades. When the final grade is 18 inches or more above the original grade, existing trees shall be protected by tree wells.
(3) 
Existing trees which are identified as individual specimens listed in the 2009 Heritage Tree Registry, as amended, shall be protected and not removed or damaged and shall not have the existing land contour within the canopy of the individual tree altered without approval of the Township Shade Tree Commission.
(4) 
Existing trees contained within the woodland canopy shall be preserved to the greatest extent practical, but in no event shall more than 40% of the land area within the designated woodland canopy be altered, graded, or paved. Dead or diseased trees shall not be included in the calculation of the woodland canopy to be preserved and may be removed, upon approval of a certified arborist or landscape architect, subject to approval of the Township Engineer. Trees to be preserved in order to meet ordinance requirements, including required buffers or woodland canopy preservation, shall be permanently preserved by means of a conservation easement to be held by the Township and which shall require the preservation of trees on private property in perpetuity. The easement shall be in the form acceptable to the Township Board of Supervisors.
D. 
New trees.
(1) 
Trees shall be spaced not to exceed 50 feet on center along street frontage. In the absence of existing trees, new trees shall be planted. New trees shall be at least 2 1/2 inches' caliper measured at six inches above the ground, be of a species approved by the Township and be adequately supported by guy wires until firmly rooted.
(2) 
Trees in parking lots shall be guarded from vehicular damage by the erection of guardrails or bumpers. No blacktop shall be placed within three feet of the tree trunk.
(3) 
No trees shall be planted within the street right-of-way nor within easements or rights-of-way required for municipal facilities or access.
(4) 
Parking areas in land developments shall include properly designed tree islands in order to blend the project with the natural surroundings. Large open blacktop areas will not be permitted.
E. 
Topsoil protection. No topsoil shall be removed from the development site nor used as spoil. Topsoil shall be removed from the point of construction and stored separate from other excavated material. Upon completion of the construction, the topsoil must be redistributed on the site uniformly.
F. 
Final grades.
(1) 
Site grading shall be held to a minimum unless such grading is corrective in nature or required in order to minimize street slopes. Grading that changes the natural drainage pattern, causes steep grades or otherwise induces erosion problems shall be prohibited.
(2) 
Site grading or site disturbances shall not occur within five feet of the parcel boundary line.
(3) 
In general, land should slope upward from the street curb to the face of the building at a minimum slope of 1/4 vertical to 12 horizontal. Floors shall be a minimum of eight inches above the finished grade at the face of buildings. In any event, the ground shall slope away from all buildings at a minimum grade of 1/4 vertical to 12 horizontal for a minimum distance of 10 feet and greater distance if necessary to control surface water.
(4) 
Grades exceeding one vertical to one horizontal are forbidden except in the case of bedrock. When earth grades will exceed that slope, terraces held by retaining walls or cribbing shall be used. The design of the retaining wall or cribbing shall be approved by the Township Engineer.
(5) 
When the slope of ground exceeds one vertical to four horizontal, the slope shall be sodded or planted with plants a minimum of six inches in length in conformance with the specifications of the Pennsylvania Department of Transportation Form 408. Such slopes shall not be seeded.
(6) 
Ground slopes of one vertical to four horizontal or lesser slope may be seeded in order to control erosion. Such seeding shall conform to the specifications of Subsection F(5).
(7) 
When the erosion control measures of Subsection F(4), (5) and (6) are not effective, more stringent methods shall be prescribed by the Township Engineer.
(8) 
The grading of the golf course in a golf course residential community shall be consistent with standard golf course design practices. Any planting of slopes in a ratio greater than four to one shall be consistent with standard golf course landscaping practices.
G. 
Erosion control during construction.
(1) 
The developer shall protect streets and public and private areas adjacent to his project during the construction period from stormwater runoff, springs or water from any other source which may be burdened with sediment or debris and/or which may cause erosion. He shall construct diversion channels, sediment control basins or other devices to so control the water.
(2) 
The planting of temporary vegetation on stock piles and bared areas is required to control erosion. Dust shall be kept within tolerable limits by sprinkling with water regularly or the use of dust-suppressing chemicals not harmful to future plant growth.
(3) 
The developer shall place stone drives and take whatever other steps are necessary to avoid tracking mud out onto the existing street. In areas where there are no curbs, pipe shall be placed in the gutter line to prevent diversion of gutter water onto the street.
H. 
Permits. The developer shall comply with all applicable governmental regulations and obtain the following permits as required:
(1) 
Permit for changes to drainage conditions as required by the Whitpain Township ordinance regulating changes in drainage conditions.[1]
[1]
Editor's Note: See Ch. 125, Stormwater Management.
(2) 
Grading permit as required by the Whitpain Township Grading Ordinance.[2]
[2]
Editor's Note: See Ch. 96, Grading, Excavations and Fills.
(3) 
Erosion and sedimentation control permit as required by the regulations of the Pennsylvania Department of Environmental Protection.
(4) 
Permit for dams and streams encroachments as required by the regulations of the Pennsylvania Department of Environmental Protection.
I. 
Replacing trees destroyed by development or determined by the Township to be dead or diseased.
(1) 
Every tree being 24 inches or greater in diameter breast height (dbh) which is irreparably damaged, removed or destroyed because of street alignment, building placement, parking area location, grading or other construction activities shall be replaced with new shade trees of a similar variety recommended by the Township Engineer or Shade Tree Commission with a caliper of not less than four inches measured at six inches above natural grade. The quantity of replacement trees shall be calculated such that the total caliper inches of replacement trees is equal to or greater than the total diameter breast height (dbh) inches of existing tree(s) removed.
(2) 
Where it has been determined by the Township Engineer or Landscape Architect that woodland removal during construction has exceeded allowed woodland removal, shown on the approved landscape plan or woodland canopy preservation plan, additional replacement trees will be required to be planted. When deemed acceptable to the Whitpain Township Board of Supervisors, a mixture of replacement trees sizes between 1 1/2 inches and five inches caliper may be incorporated into the woodland canopy replacement design. The caliper inches of required replacement trees for excess existing tree removals within woodland areas shall be double that required in Subsection I(1) above.
(3) 
Such new trees as required above shall be planted in addition to the trees otherwise required by the planting requirements of the Subdivision and Land Development Ordinance or the approved subdivision/land development plan.
(a) 
Where such planting is deemed impracticable, at the discretion of the Township, the required replacement trees may be planted on lands owned by the Township or within the Township as it directs.
(b) 
Replacement trees shall be planted in common areas between lots or in the woodland canopy preservation area rather than as foundation plantings at individual homes.
(c) 
Refer to § 129-19C for sizes and types of shade trees, evergreen trees, flowering trees and shrubs recommended. However, the Township may permit other planting types and sizes if they are hardy to the area, not subject to blight or disease and of the same general character and growth habit as those listed. Native species trees are encouraged. A mix of native and adapted species is permissible. However, no more than 35% of the total quantity shall be nonnative species.
(4) 
Procedure for replacing trees that are removed from within the preserved area previously approved by the Township.
(a) 
Before proceeding, calculation and estimation of existing trees shall be performed by an independent certified arborist or landscape architect at the expense of the landowner and submitted on a plan to the Township Engineer.
(b) 
The area identified for tree removal shall be surveyed and inspected by the Township. Modifications required to previously approved plans and any conservation easement that may have been approved shall be provided at the expense of the landowner.
(c) 
A plant schedule of replacement trees shall be shown on a revised landscape plan pursuant to the steps required under Subsection I(1), (2), and (3). Native trees shall be required unless otherwise approved by the Shade Tree Commission or if listed on an acceptable species list. Dead or diseased trees, as determined by a certified arborist or landscape architect, may be removed without replacement upon approval of the Township Engineer.
(5) 
All replacement trees shall have deer protection applied to the tree trunks at a minimum of 4 1/2 feet from the ground up to prevent bark damage without the use of chemicals. Said deer protection shall remain in place at least 18 months post-installation.
The developer shall comply with all applicable regulations included in Chapter 125, Stormwater Management, of the Code of the Township of Whitpain. All storm drains shall be run in a pipe or a culvert that complies with standards and specifications in PennDOT Publication 408.
A. 
When required. Storm drains and appurtenances shall be required to be constructed by the developer to take surface water from the bottom of vertical grades, the grades of which slope on both sides toward the bottom. When submitting a plan for approval involving the construction of storm drains, the designer's computations shall be submitted in duplicate to facilitate the checking of design. Such computation shall include a complete analysis of the hydrology of the area contributing runoff to the proposed storm drainage system. The following tables shall be used for all computations.
Rational Formula for Amount of Runoff
Q=CIA
In which
Q = Runoff from district in cubic feet per second.
C = Coefficient.
I = Intensity of rainfall, in inches per hour.
A = Area of district, in acres.
Ratio of Runoff to Rainfall for Various Surfaces
Surface
Percent
Roofs
95
Street pavement
90
Parking lots and driveways
90
Lawns, 1/2 acre or larger lot in residential zoning
45
Lawns, less than 1/2 acre lot in residential zoning
55
Parks and golf courses
30
B. 
Location. When installed within the right-of-way, storm drain locations shall be as approved by the Township Engineer.
C. 
Size and grade. Storm drains shall have a minimum diameter of 18 inches and a minimum grade of 1/2% and be designed to carry expected flow based on a twenty-five-year return period runoff event and as approved by the Township Engineer.
D. 
Manholes.
(1) 
Distance apart. Manholes shall not be more than 400 feet apart where pipe sizes of 24 inches or less are used, and not more than 500 feet apart where larger sizes are installed. When approved by the Township Engineer, inlets may be substituted for manholes.
(2) 
Castings. Manhole frames and covers shall conform to Township specifications and be not less than 24 inches in diameter.
E. 
Inlets. Properly located and sized Pennsylvania Department of Transportation special inlets shall normally be used. Other type inlets conforming to Pennsylvania Department of Transportation standards may be used when authorized by the Township Engineer. Inlets at street intersections shall be placed on the tangent and not on the curved portions of the curb. Inlet construction shall conform to latest Pennsylvania Department of Transportation standards and specifications.
F. 
Stormwater roof drains. Stormwater roof drains and pipes shall not discharge water over a sidewalk. If directed to by the Township Engineer, the roof drain shall be connected with the storm drain.
G. 
(Reserved)
H. 
Stormwater. Stormwater shall follow natural drainage conditions within the subdivision or land development and be carried in pipes or culverts as determined by the Township Engineer. When, in the opinion of the Township Engineer, the volume is too great for the street surface to carry such volume, it shall be carried in properly designed pipes to a stream or other natural drainage area.
I. 
Unnatural drainage. Whenever drainage affects adjoining or nearby properties, approval of the owners, in writing, should be obtained by the developer and a copy filed with the Township Engineer. Approval of plans by the Township does not authorize or sanction drainage adversely affecting adjoining or nearby properties.
J. 
Surface water. The ground surface in all parts of the development shall be graded and equipped to drain all surface water in a safe, efficient manner. The velocity of runoff during and after development shall not exceed the values as required by the 25 Pa. Code Chapter 102 Erosion and Sediment Control Requirements
K. 
Release. Where stormwater from the development is to be carried onto lands not owned by the developer, the Supervisors shall require the developer to obtain a release of future damages from such landowner or landowners as a condition of approval of the plan.
L. 
Outfall structures. All pipe termini shall be furnished with a properly designed endwall and appurtenances to retard velocity as required by the regulations of the Pennsylvania Department of Environmental Protection.
M. 
Permits. Developers shall comply with all applicable governmental regulations and shall obtain permits as required in § 129-20G of this chapter.
Bridges and culverts shall be designed to meet all current Township, state and federal regulatory agency requirements.
A. 
Where required. Sanitary sewers approved by the State Department of Environmental Protection shall be installed and connected to the Township sanitary sewer system. Where connection with the Township sanitary sewer system is practicable or where, in the opinion of the Township Supervisors, Township sanitary sewers will be available for connection within a reasonable length of time, sanitary sewers and sewer laterals shall be installed and capped where appropriate before streets shown on the plans are constructed.
B. 
Size and grade. Sanitary sewers and laterals shall conform to Township specifications. Sanitary sewers must meet design requirements of the Pennsylvania Department of Environmental Protection. Construction of sanitary sewers must conform to Township standards and specifications.
C. 
Manholes. Manholes shall be located at intervals of 400 feet and at each change of line or grade. In exceptional cases, the interval may be extended to not more than 500 feet, provided that prior approval is obtained from the Township Engineer. Manhole frames, covers, buckets and stops shall conform to Township specifications.
D. 
Laterals. Lateral connections shall be extended to the legal street side line whenever their need can be anticipated. Each building shall have a separate connection to the sewer, except that garages accessory to dwellings may be connected to the dwelling line.
E. 
Plans and specifications. Plans and specifications for sanitary sewers shall be reviewed and approved by the Township.
F. 
Designs and construction. All sanitary sewers shall be designed and constructed in accordance with the specifications of the Township.
G. 
Permits. The developer shall obtain a permit to construct sanitary sewers from the Pennsylvania Department of Environmental Protection.
H. 
Inspection. All sanitary sewer construction shall be inspected and approved by the Township prior to backfilling at the developer's expense.
I. 
Final inspection and testing. Final inspection and testing shall be done at the developer's expense.
J. 
As-built plans. Three sets of paper as-built plans of the installed system showing horizontal and vertical dimensions and locations of all sanitary sewers and laterals shall be filed with the Township on sheets approximately 24 inches by 36 inches after the construction is completed and approved. An electronic file in a specified format of as-built plans shall be submitted.
K. 
All sanitary sewer installations which will be maintained by Whitpain Township shall be designed for and installed upon any property situate in Whitpain Township and shall be installed in sanitary sewer easements in accordance with the dimensional requirements specified in § 129-12, which easement areas are to remain free and clear of any plant material, trees or landscaping the root structure of which may grow in such a fashion as to cause the risk of intrusion or dislodgment of the underground facilities or be of such size or grow to such size that it could impede immediate access to the underground piping or any other portions of the sanitary sewer equipment or installation, and no building, structure or other man-made facility shall be permitted within the easement area of such size or potential size that it would impede the immediate access to the easement area and its installations.
When connection with the Township sewer system is impossible or impracticable, on-site sewage disposal facilities may be permitted. The system shall be built in accordance with all local, state and federal regulations.
A. 
When connection with public water is impossible or impracticable, driven wells will be permitted. The adequacy of such well is to be determined by the Montgomery County Health Department and/or other applicable regulatory agencies.
B. 
Necessary tests and inspection, certificate of approval and proximity to wells shall comply with Montgomery County Health Department regulations and all other regulations from applicable regulatory authorities.
All water mains and lines, as indicated on the preliminary plan shall be installed from each lot or land development to the public supply. Where no public supply is available it must be furnished by the developer on a project or individual lot basis in accordance with the Township Well Ordinance.[1]
[1]
Editor's Note: See Ch. 152, Water Wells.
Fire hydrants, in accordance with Township specifications, shall be located not more than 600 feet apart at accessible points throughout the subdivision or land development when public water supply is available.
All electric, telephone and communication service facilities, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services, except where it is demonstrated to the satisfaction of the Board of Supervisors that the underground installation herein required is not feasible because of the physical condition of the lands involved. All main underground cables which are within the right-of-way of a street shall be located as specified by the Board of Supervisors.
No part of any parking space shall be less than 12 feet to the face, side or rear of any building, main or accessory, except for single-family dwellings and their accessory buildings on individual lots and except as may be otherwise required by the Township.
The developer shall prepare applications to and obtain permits, at his cost, from the Department of Environmental Protection for extensions to the Township sewerage system; and for stream encroachments; and to all other commonwealth agencies where such permits are mandated, except that applications to the Pennsylvania Department of Transportation shall be made by the Township. The developer shall furnish the requisite copies of the appropriate plans and pay any applicable fees established by the Township.
A. 
For the purposes of complying with the minimum number of parking spaces required by Chapter 160, Zoning, for any nonresidential use any parking space which requires the removal or reparking of another vehicle in order to gain access to the space will not be counted towards the minimum number of spaces required pursuant to Chapter 160, Zoning.
B. 
Parking spaces in parking lots serving multifamily developments or nonresidential development shall be accessible by distinct aisle ways separated between rows of parking spaces by a width of not less than 25 feet.
C. 
Parking lots for multifamily developments and all nonresidential developments shall be provided with a painted striping outline of each parking space, having a minimum line width of four inches, which shall be visibly maintained at all times.
A. 
The regulation contained herein shall apply in those areas identified as floodplain in Article XXV of the Whitpain Township Zoning Ordinance.[1] The Whitpain Township Floodplain Conservation District Map shall be available in the Whitpain Township Building for inspection. In regard to the adopted Floodplain Conservation District, the regulations contained herein shall apply to those areas defined and established as floodplain and not in conflict with the information provided in the Flood Insurance Study.
[1]
Editor's Note: See Ch. 160, Zoning.
B. 
The regulations contained herein are intended to conform to the requirements of the National Flood Insurance Program. Furthermore, it is the purpose of these regulations to:
(1) 
Regulate the subdivision and development of floodplain areas in order to promote the general health, welfare and safety of the community.
(2) 
Require that each subdivision lot or development site in floodplain areas be provided with a safe building site with adequate access; and that public facilities which serve such sites be designed and installed to preclude flood damage at the time of initial construction.
(3) 
Protect individuals from buying lands which are unsuitable for use because of flood hazards by prohibiting the subdivision and developments of unprotected floodplain areas.
(4) 
Maintain the certification of Whitpain Township and the eligibility of the property owners in the Township for the benefits of the National Flood Insurance Program.
C. 
Prospective developments shall consult with the Community Floodplain Administrator for Whitpain Township to make a determination as to whether or not the proposed subdivision or land development is located within an identified floodplain.
D. 
Where not prohibited by this article or any other codes or ordinances, land located in the floodplain may be subdivided or developed with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other codes or ordinances regulating such development.
E. 
Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
F. 
Storm drainage facilities. Storm drainage facilities shall be designed to convey the flow of surface waters without risk to persons or property. The drainage system shall ensure drainage at all points along streets and ensure conveyance of drainage away from buildings.
G. 
All new or replacement sanitary sewer systems whether public or private, located in floodplain areas shall be floodproofed up to a point 1 1/2 feet above the base flood elevation.
H. 
All new or replacement water systems, whether public or private, in floodplain areas, shall be floodproofed to a point 1 1/2 feet above the base flood elevation.
I. 
All other new or replacement public or private utilities and facilities in floodplain areas shall be elevated or floodproofed to a point 1 1/2 feet above the base flood elevation.
J. 
Waivers. Guidelines for relaxation from the requirements set forth in this section are as follows:
(1) 
A waiver shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) 
A waiver shall only be issued if there is:
(a) 
A showing of good and sufficient cause.
(b) 
A determination that failure to relax the requirements would result in exceptional hardship to the applicant.
(c) 
A determination that the relaxing of a requirement will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(3) 
A waiver shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.
(4) 
The Township shall maintain a record of all waivers, including justification for their issuance.
K. 
Permit required for change in drainage conditions. It shall be unlawful for the owner of any land to stop, fill up, confine, pave or otherwise interfere with or change the course of any sheet flow, drain, ditch, stream or watercourse in the Township of Whitpain without first obtaining from the Township Engineer a permit authorizing such work to be performed; and no sheet flow, drain, ditch, stream or watercourse shall be stopped, filled up, confined, paved or otherwise interfered with or the course thereof changed except in strict accordance with the terms and conditions of such permit and the plans and specifications submitted therewith.
L. 
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where BFE data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine BFEs and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision.
[Added 2-16-2016 by Ord. No. 4-242]