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Township of Whitpain, PA
Montgomery County
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Table of Contents
Table of Contents
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,[1] 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.
[1]
Editor's Note: See Ch. 160, Zoning.
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.
A. 
General. Whenever a lot is to be created which does not have the bulk of the lot directly abutting a street, it shall be connected to the street by an access strip which is held in fee simple ownership as a part of the interior (rear) lot. The area within the access strip shall not be used in calculating the minimum lot area required by the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 160, Zoning.
B. 
Width. All access strips to rear lots shall have a minimum width of 50 feet throughout their entire length, except that in the case of a rear lot used or to be used strictly for residential purposes, this may be reduced to 25 feet for any lot less than three acres in area which cannot be further subdivided under the R-5 and R-6 Zoning Districts.
C. 
Location. The location of the access strip must, in the opinion of the Township Board of Supervisors, be deemed logical and proper relative to the bulk (body) of the rear lot and surrounding property configurations and shall not, in its opinion, adversely affect environmental features such as woods, steep slopes, streams, floodplains, etc.
D. 
Alignment. Any access strip shall not traverse a slope such that the driveway therein would be required to be in excess of 10% gradient, nor should any access strip generally contain a horizontal turn greater than 45°.
E. 
Spacing. There shall be no more than two abutting access strips to rear lots, including existing access strips on parcels adjacent to where the new ones are proposed. Each access strip or group of two shall be separated from the next one by a distance at least equal to the minimum width of one lot as required in the R-5 and R-6 Zoning Districts.
F. 
Driveway. Prior to the use of any rear lot, 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 in the access strip. Greater widths may be required depending on the use of the rear lot.
G. 
Combined driveways. When two access strips abut, a combined drive within one or both of the strips is strongly encouraged.
H. 
Future use. Any access strip which is likely to be used in the future as a public or private street serving more than a single lot or use is encouraged to comply with the requirements of § 129-33 or 129-34, as applicable.
A. 
Aisle width. Where common parking facilities are to be used, no parking aisle will be less than 25 feet in width.
B. 
Required green areas. Ten percent of all common parking area on each tract shall be devoted to green areas consisting mostly of natural vegetation, which must be interspersed within the paved parking areas to channel traffic or divide parking spaces. The green area required by this section shall not constitute a portion of any green area or common open spaces otherwise required by this section or any other ordinance or regulation of the Township. The exact design and location of the green areas required by this section shall be indicated on a development or subdivision or other similar plan and be permanently maintained as such.
A. 
Water supply.
(1) 
General requirements. An adequate water supply for domestic, auxiliary and fire-fighting uses shall be provided for all uses built in the R-5 and R-6 Zoning Districts, including residential, nonresidential and accessory facilities. If a public or centralized water supply system is available and found to contain the needed capacity for any development proposed herein, that public or centralized system must be used. If, as would normally be the case, no such public or centralized system exists, an on-site system meeting all state and local requirements shall be provided for each lot or use or a satellite system for joint or common use shall be provided for all lots or uses in the proposed development.
(2) 
Distribution system. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations, as well as those of the servicing utility if one exists.
(3) 
Fire protection. Whenever a satellite or centralized water system is provided, fire hydrants meeting the specifications of the Middle States Department Association of Fire Underwriters shall be installed. Those hydrants shall be in sufficient numbers to be within 600 feet of all existing and proposed dwellings and structures, measured by way of accessible streets or common areas.