The following special regulations shall apply to any subdivision or land development proposed within the areas of the Township designated in the R-5 and R-6 Agricultural/Rural Residence Zoning Districts, as described in Articles
XII and
XIII of the Whitpain Township Zoning Ordinance of 1950, as amended, and as shown on the Official Township Zoning Map which
is part of that ordinance. These regulations are in addition to all
other applicable regulations as described in the other articles of
this chapter. Where these requirements contradict another such requirement
of this section, these requirements shall be followed in order to
further the intent of the R-5 and R-6 Zoning Districts.
All applicable standards for streets and related improvements
contained in this section shall be adhered to for all public streets
in or abutting a subdivision or development in the R-5 and R-6 Districts,
except as modified below.
A. Pavement width, arterial and collector streets. Total pavement width on streets having these functional classifications, as designated in §
129-10D of this chapter, shall be as normally required, but an eight-foot-wide portion of the pavement on each side usually planned as a shoulder/breakdown lane/parking lane need not have the finished paved surface course normally required, provided that at least an oil and chip surface is installed and the normal base course is provided.
B. Curbing. Curbing is not required along any street in the R-5 and
R-6 Districts except where, due to grades or other factors, it is
deemed necessary by the Township Board of Supervisors, upon recommendation
of the Township Engineer, for proper surface water drainage, provided
that a drainage swale at least one foot deep and having maximum side
slopes of three to one is constructed on each side of the street,
unless determined to be not needed by the Township Engineer.
C. Cul-de-sac length. There shall be no maximum length on a street designed
as a temporary cul-de-sac that can be extended onto adjacent property
without violating any provision of this article, but the length shall
be kept to a minimum. Streets designed as permanent culs-de-sac shall
not exceed 1,200 feet, and the maximum number of lots taking access
from it shall not exceed 20, whichever is less.
D. Other requirements. All other requirements of the Subdivision and
Land Development Ordinance relating to grades, culverts, drainage,
horizontal and vertical curves, tangents between curves, sight distance,
construction specifications, intersection alignment, intersection
radius, interconnection of adjacent parcels and similar regulations
shall be adhered to in all developments.
In keeping with the intent of the R-5 and R-6 Districts to maintain
a rural character and minimize the extension of suburban-type services
and improvements into that district, a private street is allowed,
provided that it meets the criteria of this section.
A. Number of lots served. Any driveway which serves as the access to
more than two lots or uses shall be considered a private street rather
than an individual driveway and must be constructed in accordance
with the applicable standards. Whenever more than eight residential
lots or more than three nonresidential lots or uses will share a private
street, the provision of a public street is required.
B. Design standards. Where private streets are provided, they shall
be planned and constructed in accordance with the same standards applicable
to public streets relative to grades, culverts, drainage, horizontal
and vertical curves, tangents between curves, sight distance, intersection
alignment, intersection radius, interconnection to adjacent parcels
and similar regulations. The cartway shall be a minimum of 18 feet
in width and have a base course and surface treatment that make it
passable in all types of weather. A cul-de-sac with a forty-foot radius
cartway shall be provided at the end of the commonly-used area whenever
three or more lots use the private way for access.
C. Ownership. The private street shall be owned jointly by all abutting
property owners who have rights to utilize said street, and all shall
be jointly responsible for its maintenance and related costs. An association
of the landowners who have rights to use the street shall be formed
and must be established and administered in a form acceptable to the
Township Board of Supervisors and approved by it prior to or at the
same time as subdivision or land development approval.
D. Reconstruction of private street to public standards. The Board of
Supervisors reserves the right to order the reconstruction of the
private street up to municipal standards and subsequent dedication
as a public street, if it deems the street at any time to be a safety
or health hazard. Costs of such improvements shall be assessed against
the landowners who own the street and be borne totally by them.
E. Further subdivision. Further subdivision of any lot fronting on the private street which would create an additional lot fronting thereon is prohibited if it would violate the maximum number of lots, maximum length of culs-de-sac or any other provision of this section, unless the private street is reconstructed and dedicated as a public street. The homeowners' association which controls the street must approve the reconstruction and dedication in accordance with the procedures established in its bylaws prior to the commencement of that upgrading (unless the municipality orders such pursuant to Subsection
D above).
F. Statement in deed and plan. The responsibilities, authority and limitations required in Subsections
C,
D and
E above shall be clearly stated on the subdivision plan which creates a private street and as a part of the deed to each lot having rights to utilize same.
G. Piecemeal creation of private streets within access strips. An access
strip containing an individual driveway may be upgraded into a private
street at any time, provided that the right-of-way width and all other
requirements can be met, by separating and establishing the access
strip as a private street right-of-way, widening the existing driveway
to the minimum standards for a private street and creating the required
turnaround or cul-de-sac at the terminus of the common use area. All
requirements for private streets shall be applied thereto. Such transformation
is encouraged rather than the creation of a separate access strip
to an adjacent rear lot.