A.
The following principles, standards and requirements
shall be applied by the Board in evaluating plans for proposed subdivisions
and land development. In addition, the standards set forth in the
East Bradford Township Zoning Ordinance[1] for the particular district in which the subdivision or
land development is taking place shall govern the layout of lots and/or
design of buildings, parking lots and other facilities.
B.
The standards and requirements outlined herein shall
be considered minimum standards and requirements for the promotion
of public health, safety, morals and general welfare.
A.
Applicability. The provisions of this shall apply
to lots with frontage along any arterial or collector road (per the
East Bradford Comprehensive Plan of 1996, as amended) and lots with
existing or proposed access to an arterial or collector road, whether
by fee-simple or easement arrangements.
B.
Frontage on effective date of chapter. For the purposes
of enforcement and applicability of the standards contained herein,
the measured frontage of each lot adjacent to any arterial or collector
road shall remain as it existed at the effective date of this chapter.
C.
Access preferences. For lots adjacent to any designated
arterial or collector road, access to such road shall depend on whether
alternative access points are available as well as sight and environmental
conditions. The applicant shall consider all of the options for accessing
the arterial or collector from his or her lot and their feasibility.
The preferences of the Township for providing access are listed below
and ranked in descending order of desirability. The applicant shall
use Preference No. 1 unless he or she demonstrates to the Township's
satisfaction that this option is not feasible, in which case option
Preference No. 2 can be used. Preference No. 3 shall only be used
where the applicant can show to the Township's satisfaction that neither
Preference No. 1 nor 2 is feasible. It shall be the burden of the
applicant to demonstrate why Preference Nos. 1 and 2 cannot be achieved
before No. 3 shall be considered.
(1)
Preference No. 1: Connection to existing access point.
Access points along any arterial or collector road shall not be established
where access to a lot may be provided through the use of an existing
access point which is either on-site or adjacent to the lot unless
the Township Supervisors determine that direct access to the arterial
or collector will result in safer and more efficient traffic flow.
D.
Administration.
(1)
Access points to any arterial or collector road shall be established in accordance with the access preferences order set forth in § 95-16C.
(2)
Access Preference Nos. 1 and 2 standards. Where access is provided to a lot as described in § 95-16C(1) and (2), it shall be the burden of the applicant to demonstrate to the Township during preliminary plan review that such access will be established in accordance with Township regulations. For shared access points, the applicant shall submit an ownership and maintenance agreement.
(3)
Access Preference No. 3 standards. Where access cannot be provided as described in § 95-16C(1) and (2), and a new access point is necessary, the following provisions shall apply:
(a)
All proposals shall be reviewed in accordance
with the Township Subdivision Ordinance.
(b)
In addition to all other materials, documents
and information required by the Subdivision Ordinance, the applicant
shall submit a property access plan. The plan shall include:
[1]
Proposed access point(s).
[2]
A plan for providing access to remaining portions
of the lot, including schematic layout for future lots.
[3]
Existing access points on adjacent lots.
[4]
Adjacent secondary roads.
[5]
The location and width of the cartway as well
as the shoulders, right-of-way and any reserve area for future right-of-way.
[6]
Sight distance within the right-of-way at proposed
access points.
[7]
Environmental constraints, including floodplains,
steep slopes, wetlands and streams within the right-of-way and within
75 feet of proposed access points.
[8]
Existing access points for properties which
are on the other side of the arterial or collector road in question
and directly opposite the subject property.
E.
Design standards. Driveways and local roads proposed
to intersect any arterial or collector road shall be designed in accordance
with the standards set forth in this subsection:
(1)
Number of access points per lot.
(a)
For single-family residential uses, no more
than one access point per lot shall be permitted.
(b)
For multifamily residential and nonresidential
uses, two or more access points may be permitted unless the size of
the property or other site condition limits the feasibility of more
than one access point.
(2)
Separation distance between access points.
(a)
Arterials. The minimum distance between access
points along an arterial road shall be as specified in the following
table:
|
Distance from Nearest
| |||||
|---|---|---|---|---|---|
|
Type of Road to be Created
|
Arterial
(feet)
|
Collector
(feet)
|
Local
(feet)
|
Driveway
(feet)
| |
|
Local
|
500
|
450
|
400
|
100
| |
|
Driveway
|
230
|
175
|
100
|
330
| |
(b)
Collectors. The minimum distance between access
points along a collector road shall be as specified in the following
table:
|
Distance from Nearest
| |||||
|---|---|---|---|---|---|
|
Type of Road to be Created
|
Arterial
(feet)
|
Collector
(feet)
|
Local
(feet)
|
Driveway
(feet)
| |
|
Local
|
500
|
450
|
400
|
50
| |
|
Driveway
|
115
|
85
|
50
|
185
| |
(3)
Future access for adjacent properties. When a new
access point is designed, consideration shall be given to establishing
a joint accessway with a future adjacent use. The Board of Supervisors
may require the dedication of a right-of-way extending to the property
line to provide such future access.
(4)
Coordination with Pennsylvania Department of Transportation
(PennDOT). The Township has an arrangement with PennDOT whereby access
permits will not be reviewed by the Department unless it has a letter
from the Township acknowledging the proposal.
A.
Proposed streets shall be properly related to such
street plans or parts thereof as have been officially prepared and
adopted by the Township, including recorded subdivision plans and
the Official Map of the Township.
B.
Proposed streets shall further conform to such Township,
county and state road and highway plans as have been prepared, adopted
and/or filed as prescribed by law.
C.
Thoughtful and imaginative design of streets and their
relationship to the arrangement and shape of lots is required. An
important element is the blending with topography to produce reasonable
grades. In reviewing the proposed design of streets and layout of
lots within a subdivision, the Board, at its sole discretion, may
give consideration to requested modifications of these standards where
it can be demonstrated that the resulting design and layout will significantly
enhance protection of the natural environment, so long as the safety
of Township residents is not compromised.
D.
Local streets shall be laid out so as to discourage
through traffic, but provision for street connections into and from
adjacent areas will generally be required.
E.
If lots resulting from a proposed subdivision are
large enough to permit resubdivision, or if a portion of the tract
is not subdivided or if the proposed subdivision abuts a tract of
undeveloped property, a continuing offer of dedication for the fee
and right-of-way for a future street shall be provided where necessary
to provide the interconnection of the street system in the proposed
subdivision and that which may be constructed on the abutting property.
F.
Where a subdivision abuts or contains an existing
or proposed major thoroughfare, the Board may require dedication of
additional right-of-way to provide the minimum right-of-way specified
hereinafter and marginal access streets, rear service alleys, reverse
frontage lots or such other treatment as will provide protection for
abutting properties, reduction in the number of intersections with
the major thoroughfare and separation of local and through traffic.
G.
New half or partial streets shall not be permitted,
except where essential to the reasonable subdivision of a tract in
conformance with the other requirements and standards of this chapter
and where, in addition, dedication of the remaining part of the street
has been secured. Wherever a tract to be subdivided borders an existing
half or partial street, the other part of the street shall be plotted
within such tract. Where half or partial streets are proposed, the
acceptance of final plans shall be conditioned upon the provision
of guaranties providing for the construction or completion of such
streets to Township standards.
H.
Names; continuation into adjoining municipalities.
(1)
Continuations of existing streets shall be known by
the same name. New street names submitted to the Township shall be
subject to the review of the post office and the Chester County Emergency
Services Department and to final approval by the Board of Supervisors.
(2)
Where streets and other public improvements continue
into adjoining municipalities, evidence of compatibility of design,
particularly with regard to street widths, shall be submitted. The
applicant shall coordinate such design with both municipalities to
avoid abrupt changes in cartway width or in improvements provided.
I.
All entrances onto Township or state roads shall require
an appropriate highway occupancy permit and shall be constructed to
state specifications.
J.
Private streets may be permitted by the Board under
the following circumstances:
(1)
There is a recorded agreement between the applicant
and the Township specifying that said streets will not be offered
for dedication and will not be accepted by the Township unless constructed
to Township standards then existing at the time of the offer of dedication.
(2)
The design of private streets shall vary from Township
standards otherwise applicable to the construction of streets to be
dedicated to the Township only as follows:
[Amended 9-9-2008 by Ord. No. 2-2008; 8-10-2010 by Ord. No. 2-2010; 7-9-2019 by Ord. No. 03-2019; 7-14-2020 by Ord. No. 03-2020]
(a)
Subdivisions totaling two lots:
[1]
Minimum road right-of-way width shall be 30 feet.
[2]
Minimum cartway width shall be 12 feet, containing pull-off
areas 20 feet long and five feet wide with two tapers that are five
feet in length measured from the main cartway to the beginning of
the pull-off and from the end of the pull-off to the cartway. Pull-off
areas and tapers shall be paved with the same pavement section as
required for the cartway. One pull-off area shall be provided every
200 feet of roadway length or as determined to be necessary by the
Township Engineer.
[3]
Minimum pavement section for the entire length and width of
the cartway shall be six inches of Pennsylvania 3A modified aggregate
and two inches of wearing course.
[4]
A turnaround area is not required for cul-de-sac street, but
may be provided by the applicant if desired.
[5]
The private street may be less than 250 feet in length.
[6]
The maximum street profile slope at the center line shall be
a gradient of 12%.
[7]
Concurrently with the recording of the final subdivision/land
development plan, the applicant shall record a maintenance agreement
and declaration. The maintenance agreement and declaration shall set
forth how the street(s) shall be maintained, including, but not limited
to, provisions for snow removal, trash removal, vegetation management
and stormwater runoff; and the mechanism for funding the maintenance
for the street(s).
(b)
Subdivisions totaling three and four lots:
[1]
Minimum road right-of-way width shall be 35 feet.
[2]
Minimum cartway width shall be 14 feet, containing pull-off
areas 20 feet long and five feet wide with two tapers that are five
feet in length measured from the main cartway to the beginning of
the pull-off and from the end of the pull-off to the cartway. Pull-off
areas and tapers shall be paved with the same pavement section as
required for the cartway. One pull-off area shall be provided every
200 feet of roadway length or as determined to be necessary by the
Township Engineer.
[3]
Minimum pavement section for the entire length and width of
the cartway shall be six inches of Pennsylvania 3A modified aggregate
and two inches of wearing course.
[4]
Minimum cul-de-sac cartway radii shall be 40 feet provided in
complete pavement or a loop design of full required cartway width
with a minimum radius 50 feet in width. In either case, the right-of-way
area on the cul-de-sac shall be 10 feet beyond the edge of the cartway
at the same degree of curvature as the edge of pavement.
[5]
The private street may be less than 250 feet in length.
[6]
The maximum street profile slope at the center line shall be
a gradient of 12%.
[7]
Concurrently with the recording of the final subdivision/land
development plan, the applicant shall record a maintenance agreement
and declaration. The maintenance agreement and declaration shall set
forth how the street(s) shall be maintained, including, but not limited
to, provisions for snow removal, trash removal, vegetation management
and stormwater runoff; and the mechanism for funding the maintenance
for the street(s).
(c)
Subdivisions totaling five through eight lots:
[1]
The road right-of-way shall be offered for dedication in fee
simple format.
[2]
Minimum road right-of-way width shall be 40 feet.
[3]
Minimum cartway width shall be 16 feet, containing pull-off
areas 20 feet long and three feet wide with two tapers five feet in
length measured from the main cartway to the beginning of the pull-off
and from the end of the pull-off to the cartway. Pull-off areas and
tapers shall be paved with the same pavement section as required for
the cartway. One pull-off area shall be provided every 200 feet of
roadway length or as determined to be necessary by the Township Engineer.
[4]
Minimum pavement section for the entire length and width of
the cartway shall be eight inches of Pennsylvania 2A aggregate, two
inches of Pennsylvania ID-2 binder course and 1 1/2 inches of
Pennsylvania ID-2 wearing course.
[5]
Minimum cul-de-sac cartway radii shall be 40 feet provided in
complete pavement or a loop design of full required cartway width
with a minimum radius 50 feet in width. In either case, the right-of-way
area on the cul-de-sac shall be 10 feet beyond the edge of the cartway
at the same degree of curvature as the edge of pavement.
[6]
The private street may be less than 250 feet in length.
[7]
Concurrently with the recording of the final subdivision/land
development plan, the applicant shall record a maintenance agreement
and declaration. The maintenance agreement and declaration shall set
forth how the street(s) will be maintained, including, but not limited
to, provisions for snow removal, trash removal, vegetation management,
and stormwater runoff; and the mechanism for funding the maintenance
for the street(s).
(d)
Subdivisions totaling nine lots or more:
[1]
The road right-of-way shall be offered for dedication in fee
simple format.
[2]
Minimum road right-of-way width shall be 50 feet.
[3]
Minimum cartway width shall be 18 feet.
[4]
Minimum pavement section for the entire length and width of
the cartway shall be eight inches of Pennsylvania 2A aggregate, two
inches of Pennsylvania ID-2 binder course and 1 1/2 inches of
Pennsylvania ID-2 wearing course.
[5]
Minimum cul-de-sac cartway radius shall be 40 feet provided
in complete pavement. The minimum cul-de-sac right-of-way radius shall
be a minimum of 50 feet.
[6]
The private street may be less than 250 feet in length.
[7]
Concurrently with the recording of the final subdivision/land
development plan, the applicant shall record a maintenance agreement
and declaration. The maintenance agreement and declaration shall set
forth how the street(s) will be maintained, including, but not limited
to, provisions for snow removal, trash removal, vegetation management,
and stormwater runoff; and the mechanism for funding the maintenance
for the street(s).
(e)
Private streets shall adhere to all other Township design standards
for the construction of streets to be dedicated to the Township.
(4)
A private street shall provide access to two or more
lots.
[Amended 11-8-2005 by Ord. No. 9-2005]
(5)
Stop signs, street name signs and any other signs,
markings, etc., indicating potentially hazardous road conditions shall
be provided by the developer or owner(s) of the private street and
shall conform to applicable Pennsylvania Department of Transportation
or Township standards.
K.
The Board may require the developer to make improvements
to existing abutting streets or roads as may be needed to provide
safe and convenient access to the proposed development and to accommodate
the increased traffic resulting from the development.
L.
Scenic road requirements. The following design requirements
shall apply to any subdivision or land development proposal on any
parcel adjacent to any road segment identified as a "scenic road"
or "exceptionally scenic stream valley road" or containing a vista
point on the Scenic Resources Map (page 61) in the East Bradford Township
1993 Open Space, Recreation and Environmental Resources Plan, as amended:
(1)
Any roadside feature adjacent to any road or road
segment identified as a "scenic road" or "exceptionally scenic stream
valley road" in the East Bradford Township 1993 Open Space, Recreation
and Environmental Resources Plan, as amended, and located within the
public right-of-way, including but not limited to fences and walls,
hedgerows, trees and topographic formations shall not be disturbed
except to the extent necessary to provide safe and efficient ingress
to and egress from the site, consistent with all applicable sight
distance requirements. It shall be the burden of the applicant to
demonstrate that any proposed disturbance is the minimum necessary
to provide safe ingress and egress.
(2)
Any vista point identified in the East Bradford Township
1993 Open Space, Recreation and Environmental Resources Plan, as amended,
not located within the public right-of-way should be disturbed to
the minimum extent possible without affecting the amount of development
permitted on the parcel. It shall be the burden of the applicant to
demonstrate that the proposed site configuration causes the minimum
possible disturbance to identified scenic vistas.
(3)
Ridge lines.
(a)
Every attempt shall be made to situate dwellings
and accessory buildings below existing ridge lines or the tree line
on ridges to preserve existing scenic vistas from public roads. To
achieve this objective, dwellings and accessory buildings should be
sited entirely below the elevation of the nearest ridge line or ridgetop
tree line whenever possible. Where the applicant claims that dwellings
or accessory buildings cannot be situated below the ridge line, it
shall be the burden of the applicant to demonstrate why not and how
the proposed design creates the minimum possible disturbance of views
of the ridge line.
(b)
To the extent that any portion of a structure
is proposed to be located above a ridge line elevation, such siting
shall be contingent upon the submission and approval by the Township
Supervisors of a plan for the mitigation of such ridge line impacts.
Such plans shall identify the locations and dimensions of the proposed
structure(s) and the architectural style proposed and shall demonstrate
how the structure(s) shall be effectively screened and/or designed
to minimize disruption of views of the ridge line from public roads.
A.
Single-access streets, permanently designed as such, may serve a
maximum of 24 single-family dwelling lots or 24 multifamily dwelling
units. Corner lots (i.e., lots on the corner of the single-access
street and an existing Township or state road or approach road having
more than one access point) shall be included in the computation of
the 24 single-family dwelling lots or 24 multifamily dwelling units.
[Amended 12-13-2016 by Ord. No. 7-2016]
B.
The turnaround right-of-way of a cul-de-sac street
shall be placed adjacent to the tract boundary with a fifty-foot right-of-way
width provided along the boundary line to permit extension of a street
at full width, unless future expansion of a cul-de-sac street is clearly
impractical or undesirable. The small triangles of land beyond the
cul-de-sac turnaround to the boundary shall be so deeded that maintenance
of these corners of land will be the responsibility of the adjoining
owners until the roadway is continued.
C.
The turnaround portion of a cul-de-sac street shall
have a maximum grade of 5% across the diameter in any direction.
D.
Unless topographically infeasible, the drainage of
cul-de-sac streets shall be toward the open end.
E.
Cul-de-sac streets with center-line slopes less than
2% which are level or nearly so across the diameter perpendicular
to the center line must be graded so that there is a minimum two-percent
fall in all drainage swales around the cul-de-sac.
A.
The minimum right-of-way and cartway widths for all
new streets in the Township shall be as follows:
[Amended 9-9-2008 by Ord. No. 2-2008; 7-9-2019 by Ord. No. 03-2019]
|
Lane Width*
(feet)
| ||||
|---|---|---|---|---|
|
Type of Street
|
Right-of-Way
(feet)
|
Travel
|
Parking
| |
|
Principal arterial
|
120
|
12 or PennDOT standard
|
NA
| |
|
Minor arterial
|
80
|
12 or PennDOT standard
|
NA
| |
|
Major collector
|
80
|
12
|
9
| |
|
Minor collector
|
50
|
12
|
9
| |
|
Primary distributor
|
50
|
10
|
8
| |
|
Secondary distributor
|
50
|
10
|
8
| |
|
Local access
|
50
|
10
|
8
| |
|
Private street
| ||||
|
Two- to four-lot subdivision
|
35
|
7
|
NA
| |
|
Five- to eight-lot subdivision
|
40
|
8
|
NA
| |
|
Nine+ lot subdivision
|
50
|
9
|
NA
| |
|
R Residential Overlay District subdivision (excluding alleys)
|
35
|
9
|
NA
| |
|
R Residential Overlay District alley
|
18 (two-way)
16 (one-way)
|
9
|
NA
| |
|
*NOTE: Does not include curbing.
|
C.
Rights-of-way of lesser width than prescribed in this
section shall not be permitted.
D.
Subdivisions abutting existing streets shall provide, for dedication, the minimum right-of-way widths for those streets in accordance with the provisions of this section, except that rights-of-way of existing streets abutting a townhouse development in the R Residential Overlay District shall not be required to conform to the requirements of § 95-17, provided that the existing streets contain a minimum right-of-way width of at least 50 feet.
[Amended 7-9-2019 by Ord.
No. 03-2019]
A.
Center-line grades shall be not less than 1%.
B.
Center-line grades shall not exceed 10% except on
arterials or collectors, which shall not exceed 7%.
D.
Where the grade of any street at the approach to an
intersection exceeds 4%, a leveling area shall be provided having
grades not greater than 4% for a distance of 25 feet measured from
the nearest right-of-way in the intersecting street.
A.
Right-angle intersection shall be used whenever practicable,
especially when local streets empty into major thoroughfares. There
shall be no intersection on an angle measured at the center line of
less than 60°.
B.
No more than two streets shall cross at the same point.
C.
Streets entering the opposite sides of another street
shall either be directly across from each other or offset by at least
200 feet from center line to center line.
D.
A minimum paving radius of 25 feet shall be provided
at all street intersections. The Board may increase or decrease the
required radiuses based on extenuating circumstances. Where the required
radius is reduced, curbing may be required.
E.
All necessary street name signs, traffic control signs
and, if required, traffic signals shall be the responsibility of the
developer to provide and erect. In existing neighborhoods, such signs
shall be of the type already in place; in areas without existing signs,
they shall conform to pertinent regulations of the Pennsylvania Department
of Transportation, subject to modification by the Board. All street
name signs shall be subject to review by the Township Engineer and
approval by the Board. Signs shall be approved and erected before
acceptance of the street from the developer and before the issuance
of any certificates of occupancy on that street.
F.
Intersections shall be controlled by stop signs, except that one through street may be designated for each intersection, or by traffic signals as may be required by § 95-22E above.
G.
Clear sight triangles shall be provided at all street
intersections. Within such triangles, no vision-obstructing object
shall be permitted which obscures vision above the height of 30 inches
and below 10 feet measured from the center-line grade of intersecting
streets. Each side of the sight triangle shall be a minimum of 75
feet measured from the point of intersection along each road center
line.
H.
In designing street intersections, the following sight-distance
dimensions shall be used:
|
Posted Speed of Intersected Street
(miles per hour)
|
Sight Distance*
(feet)
| |
|
Stop condition (all streets)
|
75
| |
|
25
|
175
| |
|
35
|
300
| |
|
45
|
450
| |
|
55
|
600
|
|
*Note: Measured from a point set back 15 feet
from the intersected pavement edge on the street controlled by a stop
sign or signal.
|
I.
At intersections where left turn access to an intersecting
street is permitted from a through lane, the minimum safe sight distance
required from an approaching vehicle in the through lane to the rear
of a vehicle stopped in the through lane awaiting passage to the left
shall be determined by application of the calculation method provided
in Appendix I.
[Added 10-12-1999 by Ord. No. 3-1999]
All materials entering into the construction
of streets and the methods of construction and drainage shall be in
accordance with the applicable requirements of the Pennsylvania Department
of Transportation specifications, Publication 408, dated 1994, or
the latest revisions thereof. The numbers referred to below are appropriate
sections of the 1994 Edition of Publication 408. Cross sections shall
be as detailed in the Appendix.[1]
A.
Subgrade.
(1)
The subgrade surface within the limits of the proposed
road surface shall be shaped to conform to the line, grade and cross
section of the proposed road.
(2)
All unsuitable subgrade materials shall be removed
or stabilized.
(3)
Wet or swampy areas shall be permanently drained and
stabilized.
(4)
Embankment material and placement shall conform to
the specifications in Section 206, with embankment placed in uniform
horizontal layers of not more than a loose eight inches in depth for
full width.
(5)
Subgrade shall be thoroughly rolled and compacted
with a three-wheel power roller, tandem power-driven roller, pneumatic
tire roller or an equivalent vibratory roller, all as specified in
Section 108.05(c), Subparagraphs 3.a, 3.b, 3.e and 4.
(6)
Backfill of trenches within the cartway and curb area
shall be thoroughly compacted prior to application of the base course.
Recompact and fill any areas of settlement before placing subbase.
Trenches within the cartway shall be backfilled with Pennsylvania
2A aggregate, thoroughly compacted.
B.
Subbase course.
(1)
The subbase course shall consist of no less than six
inches of Pennsylvania 2A aggregate after completion of the rolling
and shall be installed in accordance with Section 350.
(2)
No material shall be placed on wet or frozen subgrade.
(3)
The subbase shall extend for a minimum of 18 inches
beyond the proposed edge of the paving for a total additional width
of three feet.
C.
Base course.
(1)
The base course shall consist of five inches of bituminous
concrete base course supplied and installed in accordance with Section
305. Installation shall strictly conform to weather limitations, spreading,
finishing and compaction and density requirements specified in Section
401.3, Construction. Virgin material only will be accepted.
(2)
The base course shall extend for eight inches beyond
the edge of the binder and surface courses for a total additional
width of 16 inches.
D.
Bituminous binder and wearing courses. Bituminous
binder and wearing courses shall consist of ID-2 material supplied
and installed in accordance with Sections 421 and 420, respectively.
For streets up to 20 feet wide in paving width, the binder and wearing
courses of paving shall each be laid in a single pass. Bituminous
pavers shall be capable of spreading and finishing plant mix material
so that the required crown and slopes of paving are properly completed
with the finished paving. Paving equipment, including extensions,
shall be heated. Virgin material only will be accepted.
E.
Grading and shoulders. Roadways shall be graded for
not less than six feet beyond the edge of the proposed paving on each
side as shown in Appendix I.[2] This grading shall be provided to allow for sidewalks
and planting strips. Beyond the limits of this grading, banks shall
be sloped to prevent erosion, but this slope shall not have a ratio
of more than one foot vertical to three feet horizontal with tops
of slope in cuts rounded.
[2]
Editor's Note: Appendix I, Road Standards,
is located at the end of this chapter.
[1]
Editor's Note: Appendix I, Road Standards,
is located at the end of this chapter.
[Amended 12-13-2016 by Ord. No. 7-2016]
A.
Sidewalks shall be provided for commercial, institutional, educational,
municipal, and open space design option residential development. In
addition, sidewalks shall be provided for any proposed subdivision
or land development within 1/4 mile of any commercial or institutional
use, within 1/4 mile of any existing sidewalk, the Borough of West
Chester, or where subdivision or land developments of nine units or
greater are proposed, in order to link the proposed subdivision or
land development with nearby commercial or institutional uses, the
Borough of West Chester, and existing pedestrian facilities.
B.
When provided, sidewalks shall be constructed of concrete with a
minimum twenty-eight-day compressive strength of 3,000 pounds per
square inch, with a minimum width of four feet in residential areas
and six feet in commercial, industrial, institutional, educational
and municipal areas and a thickness of four inches, except at driveway
crossings, when the sidewalk thickness shall be increased to six inches
with reinforcement. Sidewalks shall be supported on a minimum base
consisting of four inches of compacted Pennsylvania Department of
Transportation No. 57 stone.
C.
Sidewalks shall be consistent with the improvements indicated on
the Central Chester County Bicycle and Pedestrian Circulation Plan
Improvements Map, the Comprehensive Plan, or Official Map.
D.
Pedestrian facilities shall be provided within residential subdivisions
or land developments of nine units or greater in accordance with the
following hierarchy. The applicant shall provide sufficient justification
for the proposed level of improvement to the satisfaction of the Board
of Supervisors (Item (1) being the first preference):
(1)
Sidewalks shall be provided within residential subdivisions of nine
units or greater, including along any existing intersecting public
roadway.
(2)
A paved multi-use trail or trails along the existing road frontage
and/or connecting to existing or potential future sidewalks or trails
on adjacent tracts may be substituted in lieu of internal sidewalks.
[Amended 2-8-2005 by Ord. No. 4-2005; 12-13-2006 by Ord. No.
8-2006]
A.
Applicability. The requirements in this section shall
apply to all lot activity which would cause disturbance or removal
of existing vegetation.
B.
Limitations to vegetation disturbance. Vegetation
disturbance, including disturbance of valued woodlands, on any lot
shall be minimized.
(1)
Calculation.
(a)
No vegetated areas shall be disturbed in such
a manner that the number of existing trees having a dbh of 12 inches
or greater shall be removed pursuant to the following calculation,
where x is the total acreage of existing woodlands, y is the acreage
of woodlands permitted to be removed and z is the total lot acreage
(gross):
|
y = x - 0.5(z)
|
(b)
If y (acreage of woodlands permitted to be removed)
is negative, woodland removal is prohibited. If y is a fractional
amount, it shall be rounded down to the next whole number.
(2)
Subject to the provisions of Subsection E herein, clearing of trees for any purpose shall not result in the removal of more than 20% of any existing tree mass; tree line; hedgerow; or individual freestanding trees having a dbh of six inches or greater, as inventoried within the total tract area. The required inventory shall include the location of existing individual trees, tree masses and their associated vegetation layers, mature trees and other vegetation such as hedgerows; wetland vegetation; old field; meadow, pasture or cropland; orchard; cultivated and ornamental garden areas; etc. Said twenty-percent removal limit shall be inclusive of prior tree mass removal on the lot or tract, as indicated by County GIS data or other tree mass data or resources available to the Township.
(3)
Trees designated as William Penn trees shall not be
disturbed or removed from any location on a site, except as necessary
for widening of an existing public road, extension of a public utility
when there is no alternative route, or if the tree is deemed hazardous
by a certified arborist. Such removal shall be reviewed and approved
by the Township Engineer in consultation with Township staff and consultants.
The limitation on disturbance extends to the tree's canopy and root
zone, which is the area on the ground directly below the outer extent
of the tree's canopy. All proposed improvements must be placed outside
of the canopy and root zone.
(4)
In the event that grading will be performed on a site which shall result in the removal of more than 5,000 square feet of the vegetation on the site at any time, a permit shall be required in accordance with the provisions of Chapter 90, Soil Erosion and Sedimentation Control, of the Code, regardless of whether such a permit is otherwise required.
(5)
Regulations regarding tree and other vegetation removal
shall not extend to deadwood or diseased plants. The Township shall
have discretion to require removal of unhealthy or unsafe trees of
any size.
(6)
Undisturbed woodlands to remain shall interconnect
with existing woodlands or wooded areas of adjacent properties to
preserve continuous woodland corridors and allow for the natural movement
and migration of wildlife and the regeneration and dispersion of native
vegetation.
(7)
Disturbance or removal of vegetation occupying environmentally
sensitive areas shall be undertaken only as permitted herein to minimize
the adverse impacts of such actions. This shall include, but not necessarily
be limited to, vegetation performing important soil stabilizing functions
on floodplains, stream and pond banks, riparian buffer areas and sloping
lands. In addition to any other requirements of the Code, no stripping
of vegetation shall be conducted in areas of greater than twenty-percent
slopes unless specific approval is obtained from the Township Engineer.
All disturbance or removal shall be reviewed and approved by the Township
Engineer in consultation with Township staff and consultants.
(8)
All cartways, buildings, driveways and utility easements
shall be located in such a manner so as to minimize disturbances to
existing vegetation. Lot activities shall be consistent with the preservation
of existing trees. Clearing of woodland to provide for construction
access shall be minimized by locating access clearings so as to coincide
with ultimate driveway locations. Otherwise, access clearings should
be located such that each clearing serves two or more adjacent lots.
(9)
Grade changes to occur at any location on the property
shall not result in an alteration to soil or drainage conditions which
would adversely affect existing vegetation to be retained following
site disturbance, unless adequate provisions are made to protect such
vegetation and its root systems.
C.
Establishment of tree protection zone. All trees, tree masses and their associated vegetation layers, mature trees and other vegetation within 25 feet of a building or structure, parking area or driveway, stormwater management system or other proposed improvement shall be considered within a tree protection zone and protected from damage during construction activities with approved fencing, or other barrier, to the limits of the tree protection zone. A minimum of 70% of the root zone of trees along the perimeter of the tree protection zone shall be protected from damage, either by fencing or other means, such as retaining walls, aeration pipes, or a temporary layer of mulch topped with plywood in areas of vehicular traffic. Where there are site constraints, such as existing pavement or structures, a property line, or a watercourse, the limit of the tree protection zone and/or fence may be modified with the approval of the Township Engineer and/or Landscape Architect. If 70% of the root zone cannot be protected, the tree should be removed and replaced subject to Subsection E herein.
(1)
The limits of tree protection fencing shall be clearly
delineated on a plan. Its installation, prior to earth movement, and
removal, following construction or disturbance activities, shall be
listed in the sequence of construction. Details noting placement and
materials shall be provided on the plans.
(2)
There shall be no encroachment and/or compaction of
soil and roots within the tree protection zone by excavation or trenching,
change of grade, storage of materials, soil, debris or vehicles. In
addition, there shall be no storage of toxic materials, including
petroleum-based products, within 75 feet of a tree protection zone
or within 75 feet of the top of slope in steep slope areas as defined
by code.
(3)
Trees shall not be used for roping, cables, signs
or fencing. Nails, screws, bolts, fasteners, spikes, and similar devices
shall not be driven into trees.
(4)
Tree protection zone fencing is subject to periodic
monitoring by the Township. Any downed fencing shall be replaced immediately.
D.
Tree removal procedures adjacent to tree protection
zones. The following procedures shall be followed to ensure that trees
within tree protection zones are not damaged by tree removal activities
outside of the tree protection zone.
(1)
Roots from trees within the tree protection zone,
which must be trimmed as a result of earth disturbance outside of
the tree protection zone, shall be cut by a backhoe or similar equipment
aligned radially to the tree. This method reduces the lateral movement
of the remaining roots, reducing the possibility of damage to the
intertwined roots of surrounding trees and other vegetation.
(a)
Within four hours of any severance of roots,
all roots that have been exposed and/or damaged shall be trimmed cleanly
and covered temporarily with peat moss, moist burlap or biodegradable
material to keep them moist and protected from disease until permanent
cover is installed. Permanent cover shall be installed within 72 hours
of the initial severance of roots.
(b)
Tree stumps which are located within 10 feet
of a tree protection zone shall be removed by means of a stump grinder
or similar device which will minimize disturbance to existing intertwined
roots within a tree protection zone. A stump shall be ground and removed
to a point at least six inches below ground level.
(2)
Trees that are to be removed shall not be felled,
pushed or pulled into a tree protection zone.
E.
Compensatory planting. Where the applicant demonstrates to the satisfaction of the Board of Supervisors, in consultation with the Planning Commission and Environmental Advisory Council, that additional tree and woodland removal beyond the permitted 20% is necessary to permit development in accordance with this Chapter 95, Subdivision and Land Development, of the Code, where trees within the tree protection zone are removed and/or where trees 36 inches or greater in diameter are removed from any location on the site, compensatory planting shall be provided in accordance with the following regulations:
(1)
Compensatory plantings in accordance with § 95-25E shall be provided at a ratio of:
(a)
One shade tree for each 1,000 square feet of
woodland removed beyond the permitted 20%.
(b)
One shade tree for each tree six inches and
greater in diameter removed within the tree protection zone during
the course of project construction.
(c)
Three shade trees for each non-William Penn
tree 36 inches or greater in diameter removed from any location on
the site. This includes trees located within areas to receive improvements
and trees subject to the permitted twenty-percent cap of woodland
removal.
(d)
Six shade trees for each William Penn tree removed
from any location on the site. Compensatory planting may only be provided
as four-inch caliper trees of the same species as that removed.
(2)
Compensatory planting required by Subsection E(1) above, shall be provided as shade trees, reforestation planting, or any combination thereof, comprised of the following plant types:
(a)
One shade tree of two to 2 1/2 inches in
caliper; or
(b)
Two evergreen trees (eight feet in height) or
deciduous understory trees (two-inch caliper for single-stem trees
or eight feet in height for multistem trees) or 10 shrubs (24 inches
in height) per required shade tree, for up to 50% of the requirement;
or
(3)
Compensatory plantings are in addition to other required
plants, such as buffer, parking lot and foundation planting.
(4)
Plant material shall conform to the standards contained within § 95-25.1, Planting requirements.
(5)
A chart tabulating the number of trees or area of
woodland being removed, and the number and type of replacement plantings
shall be placed on the plans.
(6)
Compensatory plantings may be placed in any suitable
location on the site, and may be used to enhance other requirements,
such as buffering. Trees and shrubs should be identified by a symbol
or note. Reforestation areas shall be clearly outlined; individual
saplings need not be shown.
(7)
In the event that the applicant demonstrates to the
satisfaction of the Board of Supervisors (and upon recommendation
by the Planning Commission and Environmental Advisory Council) that
constraints incident to the land itself render it impractical to locate
on the lot the required number of compensatory plantings, then, at
the election of the Board, the applicant shall at the direction of
the Board of Supervisors (and upon recommendation by the Planning
Commission and Environmental Advisory Council):
(a)
Install fewer, but larger and/or more valuable
compensatory trees.
(b)
Rehabilitate existing on-site woodlands and/or
riparian buffers.
(c)
If agreed to by the applicant, provide for compensatory
planting or funds to install such compensatory planting on an off-site
location selected by, or acceptable to, the Township.
F.
Reforestation is encouraged as an option for compensatory
planting on those sites large enough to support a minimum reforestation
area of 1/2 acre. Reforestation areas should be designed and placed
so they will mature into healthy woodlands, with priority given to
locations adjacent to existing woodlands, along riparian corridors
or where forest creation is desirable.
(1)
Reforestation plantings shall conform to the following:
(a)
Trees shall be container grown with a minimum
height of four feet.
(b)
The trees shall be planted at a rate of 300
trees per acre of reforestation area, with an on center spacing of
12 feet.
(c)
The planting mixture shall contain a minimum
of 60% native canopy trees and a maximum of 40% understory tree species.
(2)
Planting procedures shall be listed on the plans.
(3)
Maintenance and management guidelines shall be provided
for reforestation areas, to ensure their continued survival.
(4)
Reforestation plans, procedures, budget, and management
guidelines shall be submitted to the Township Landscape Architect
for review and approval.
[Added 2-8-2005 by Ord. No. 4-2005]
A.
Applicability. The requirements of this section shall apply to all proposed subdivisions, land developments or lot improvements regulated by Chapter 45 of the Code. The requirements and standards prescribed herein shall be considered the minimum requirements snd standards for all landscape plans. Standards established by other Township ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein. All portions of a property not covered by buildings or paved surfaces shall be landscaped utilizing combinations of existing vegetation, trees, shrubs, lawns, ground cover and mulch in accordance with this section. Landscaping and its maintenance should help preserve the resources of East Bradford Township by utilizing such methods as specifying native plants, xeriscaping (using drought-tolerant plants), using drip irrigation systems and sustainable materials.
B.
General landscape provisions. With the exception of
compensatory and reforestation plantings, all proposed landscape material
shall conform to the following standards:
(1)
Nursery-grown plant material shall conform to
those listed in the American Standard for Nursery Stock, ANSI Z60.1,
current edition, published by the American Nursery and Landscape Association
(ANLA).
(a)
Deciduous trees shall have a minimum caliper
of three inches to 3.5 inches, measured at a point six inches above
finish grade.
(b)
Single-stemmed ornamental trees shall have a
minimum caliper of two inches, measured at a point six inches above
finish grade, and a minimum height of eight feet. Multistemmed trees
shall have a minimum height of eight feet.
(c)
Evergreen trees shall have a minimum height
of eight feet.
(d)
Shrubs utilized for buffering and screening
purposes shall be a minimum of 24 inches in height.
(e)
Shrubs proposed in other areas of the site,
including parking lot islands and foundation plantings, shall be a
minimum of 18 inches in height or spread, depending on normal growth
characteristics of the species.
(f)
Ground covers, perennials and annuals shall
be appropriate to type.
(2)
Multiple-stemmed trees should be identified
as such in the plant list and shall be counted as one tree.
(3)
Plant materials selected shall be suitable to
the site's microclimate, be appropriate for the intended function,
be proportional to site features, promote diverse natural plant associations
and minimize the amount of maintenance required. To promote diversity,
no more than 30% of any plant type (e.g. trees, shrubs) shall be of
one species.
(4)
Plants which interfere with the function of
utilities, compromise safety, are easily susceptible to disease or
pest infestations or are aggressively invasive in nature shall be
avoided.
(5)
Plant materials shall be spaced appropriate
to their species and function in the landscape. Trees shall be offset
a minimum of 15 feet from overhead utility lines, light poles, traffic
signs and fire hydrants, 10 feet from underground utility lines and,
where possible, five feet from sidewalks and driveways.
C.
Plan requirements. Landscape plans shall be submitted
at the time of preliminary and final plan applications and shall contain
the following information:
(1)
The signature and seal of the registered landscape
architect who prepared the plans.
(2)
A plant list which shall include the quantity,
botanical and common names of the plants, their size at installation
and the method of root containment.
(3)
Standard specifications for installation, including
a guarantee note and planting distances from utilities.
(4)
A note indicating that shrubs shall be placed
in continuous mulched beds.
(5)
Details for landscape installation, including
any specialty features.
(6)
Irrigation system layout and pipe sizing, if
applicable.
(7)
Berm contours, referenced to existing and proposed
grades, if applicable.
(8)
A standardized note shall be required to be
placed on all final plans stating the following: "The Applicant is
responsible to install plantings as depicted on the plans and in accordance
with the Subdivision and Land Development chapter of the East Bradford
Code. A certificate of occupancy for the development or a portion
of the development shall not be issued by the Township Building Inspector
until the required plantings are installed or until an escrow agreement
satisfactory to the Township is finalized to assure installation and
maintenance of such plantings."
D.
Guarantee and maintenance. All landscape materials depicted on the approved landscape plan shall be financially secured, guaranteed and maintained for a period of two years following final written acceptance by the Township of all public improvements and included within and secured by the maintenance agreement required by the Township for all public improvements as provided by § 95-40. In addition, the guarantee shall provide for timely removal and replacement of plantings which do not survive. This guarantee shall be applicable to existing plant material which is contributing to the minimum planting requirements stated herein. The applicant shall pay for the services of the Township Landscape Architect to monitor and report on compliance with these requirements to the Township.
E.
Credit for existing preserved plant material. Where
preserved, existing trees and shrubs lie within 15 feet of a proposed
right-of-way or feature, these plants may be credited toward the required
planting, with approval of the Board of Supervisors in appropriate
consultation with the Township staff, Planning Commission and the
Environmental Advisory Council, and subject to the following:
(1)
The plants must be of reasonable health and
character.
(2)
Shade trees must be capable of reaching a mature
height of 35 feet and width of 15 feet.
(3)
Existing plants found to be in poor health or
lacking normal growth habit during the two-year guarantee period shall
be replaced with nursery-grown plant material, capable of meeting
the minimum requirements toward which the existing material was credited.
Plants with 50% or more dead vegetation or wood are considered dead
and require replacement. Replacement plants are subject to the two-year
guarantee. A note to this effect shall be placed on the plans.
F.
Buffer planting. Buffer yards shall be provided as required in § 115-52 of this Chapter 115, Zoning. The following standards shall be applied in buffer yards.
[Amended 11-8-2005 by Ord. No. 9-2005; 12-13-2006 by Ord. No.
8-2006]
(1)
The following is the minimum amount of plant
material required per 100 linear feet of unvegetated buffer length
for each buffer type. The standard shall be prorated for portions
of buffers less than 100 feet in length.
(a)
Screen buffers (50 feet): two shade trees, eight
evergreen trees, and 20 shrubs. Screen buffer plantings shall be designed
to minimize all adverse impacts that the proposed development may
have on the adjacent land use.
(b)
Perimeter buffers (25 feet): three shade trees,
three evergreen trees, and 10 shrubs. Perimeter buffer plantings may
be grouped or clustered to provide views of project identification
signs or prominent site features; however, no more than 100 feet shall
be permitted between any two plants.
(2)
Buffer plantings may be placed anywhere within
the required buffer yard, except that no plant may be placed within
five feet of a property line. Naturalistic placement and vertical
layering of plant material is encouraged. Buffers shall be designed
to complement and integrate with existing buffer plantings and natural
areas on adjacent properties. Buffer plantings may be increased at
the discretion of the land owner of the proposed development.
(3)
Preserved, existing plant material may be counted
toward satisfying the minimum buffer requirements for that portion
of the buffer in which they are present. The quantity of required
buffer plants may be reduced by the quantity of existing plants within
the vegetated length of the buffer. To be considered as buffer material,
the existing vegetation must be of reasonable health and character,
woody, noninvasive, and collectively able to meet the desired buffer
intensity level. Supplemental plant material shall be required where
the existing vegetation is lacking. For example, if the existing vegetation
is comprised of deciduous trees and shrubs, then the evergreen tree
element must be provided.
(4)
A minimum of 75% of the required plant material
shall be native to the region.
(5)
To encourage diversity in design, and to accommodate
changes in availability of plant material, shade trees may be substituted
at the rate of two ornamental trees per shade tree for up to 50% of
the shade tree requirement.
(6)
Shrubs shall consist of a mixture of evergreen
and deciduous types, according to site conditions. Shrub plantings
which provide a mixture of mature heights and four seasons of interest
are encouraged. Shrubs shall be clustered and placed in continuous
mulched beds.
(7)
Earthen berms shall be provided as an integral
component of buffers, where topographic conditions permit their construction.
Other nonvegetative elements, such as fences, walls and garden features,
as determined by the Township Landscape Architect, may be used in
conjunction with required plantings and berms to enhance the buffer's
functionality or to improve the site's security or aesthetics. Nonvegetative
elements shall comply with the following requirements:
(a)
They shall not impede stormwater runoff, nor
divert it off site, or interfere with natural drainage patterns.
(b)
They shall be placed outside of clear sight
triangles and shall not impair the function of utilities.
(c)
Earthen berms shall average from three feet
to five feet in height, with side slopes not exceeding 33%. They shall
be placed in a manner that is complementary to the surrounding environment,
generally undulating within the buffer width.
(d)
If walls or fences are placed along the property
line, the finished side shall face outward. Gates may be needed to
facilitate maintenance or access. If these features are set within
the buffer yard, plant material should be placed on both sides to
break up their linear appearance.
(e)
Landscape features, such as gazebos, flagpoles
or water features, may be placed within the buffer yards, so long
as the intensity of screening is not compromised by these features.
(8)
The remainder of the buffer area shall be covered
with grass, ground covers, mulch or other pervious surfaces suitable
to the level of anticipated stormwater runoff and appropriate erosion
control.
(9)
Plant material shall conform to the standards
of this section. Plant material which may become a nuisance to neighboring
properties or that will threaten the ecological balance of adjacent
woodlands and natural areas shall be avoided.
(10)
All elements within buffer areas are to be continually
and regularly maintained by the property owner. A note to this effect
shall be placed on the plans.
(11)
Buffer plantings are subject to periodic Township
assessment by the Zoning Officer.
(12)
A combination of berming, and planting of vegetation,
trees and shrubs, shall be employed to create an opaque buffer to
prevent visibility from arterial streets, as well as major or minor
collector streets, into the lot or tract.
G.
Street trees. Street trees shall be provided along
both sides of all existing or proposed public and private streets
that abut or lie within any proposed subdivision or land development;
along access driveways serving two or more nonresidential properties;
and along streets proposed for extension or widening. Street trees
are in addition to other required plantings such as buffer, parking
lot and compensatory plantings.
(1)
Street trees shall be provided at a ratio of
at least one tree per 50 linear feet, or fraction thereof, of street
line or cartway edge. The trees may be arranged either formally or
informally, as best suits the character of the development and the
surrounding streetscape.
(a)
In a formal arrangement, the trees shall be
arranged so they are relatively evenly spaced. They shall be staggered
on opposite sides of the street so that a tree is located approximately
every 25 linear feet, as measured along the center line of the street.
(b)
In an informal arrangement, the trees may be
clustered in groups along the length of the right-of-way. The groupings
should be staggered on opposite sides of the street so that the entire
street may benefit from their shade. The setback distance from the
right-of-way line should be staggered from two feet to 10 feet. Trees
within the clusters should be spaced no closer than 20 feet apart
to allow for canopy development. The maximum distance between clusters
of street trees on the same side of the street shall be no greater
than 100 feet.
(c)
Other alternate arrangements, meeting the intent
of this section, may be approved by the Board of Supervisors in appropriate
consultation with the Planning Commission snd the Environmental Advisory
Council.
(2)
The trees shall be placed a minimum of two feet
outside of the existing or proposed right-of-way line. Where a right-of-way
line is not proposed, the trees shall be placed a minimum of five
feet away from the edge of the cartway. Street trees shall not be
placed within clear sight triangles.
(3)
Street trees shall be limbed up to a height
of six feet above grade. This shall be noted on the plant list and
in the planting notes or specifications.
(4)
Plant material shall conform to the standards
of this section.
(5)
To control problems associated with monoculture,
a variety of trees shall be used in each street tree planting. Generally,
no more than 20 trees of a single species should be placed in a planting
arrangement. Changes in species should occur at street intersections,
changes in horizontal alignment or at natural interruptions such as
a stream crossing. Seventy-five percent of the proposed street tree
species shall be native to the region. Tree species that are tolerant
of pollution, salt and soil compaction are preferable. Long-lived
tree species and those that do not drop nuisance or hazardous fruits
and seed pods are preferable.
(6)
When existing preserved trees are utilized to
satisfy part of the street tree requirement, the total length of right-of-way
subject to calculation may be reduced by the length of right-of-way
containing existing trees meeting these requirements. The quantity
of required street trees shall not be reduced by the quantity of existing
trees within the vegetated length of right-of-way.
H.
Parking areas. All parking lots and vehicle storage
areas accommodating five or more vehicles shall be designed and effectively
landscaped with trees and shrubs to provide shade, mitigate the temperatures
of paved areas and break up large expanses of pavement. Except where
noted, parking lot plantings are in addition to other required plantings.
(1)
The perimeter of parking areas, including access
drives and stacking lanes for drive-through businesses, shall be landscaped
to soften the feature's appearance in accordance with the following:
(a)
A planting strip a minimum of 10 feet in width shall be provided around the perimeter of these features. When the feature abuts a buffer yard required by Chapter 115, Zoning, and where the proposed buffer yard plantings are sufficient to meet the criteria of this section, additional plantings are not required. This should be noted on the plan.
(b)
The planting strip may contain a variety of
plant material, but the material shall be capable of providing a continuous
screen at a minimum height of 24 inches.
(c)
The plant material shall be placed a minimum
of two feet from the edge of pavement to allow for vehicle overhang
and door opening. Required plantings shall be set far enough away
from the edge of pavement in areas anticipated for snow removal storage
to avoid crushing plants.
(d)
Earthen berms may be a component of the perimeter
planting strip but shall not reduce the plant material requirement.
(2)
Landscaped areas totaling not less than 10%
of the area within the proposed parking lot shall be provided as raised
planting islands and be continually maintained. The area within the
proposed parking lot shall be defined to include access aisles, landscape
islands and parking spaces or storage areas suitable for parking.
Driveways, where no parking is proposed, shall not be included in
this calculation. Perimeter planting strips shall not be considered
as part of the required interior parking lot landscaping; however,
planting islands abutting the perimeter of the parking lot shall be
considered.
(3)
Planting islands shall be distributed throughout
the parking lot according to:
(a)
A raised planting island, a minimum of 10 feet
in width and the length of the parking stall, shall be spaced not
more than every 15 parking stalls and at the ends of rows of parking
stalls. Interior islands shall be placed opposite each other in adjacent
rows of parking to reduce the number of raised islands, and to increase
the area available for tree roots.
(b)
Raised divider strips, a minimum of 10 feet
in width, shall be placed between every four rows of parking, or 120
feet, running the length of the rows. If a sidewalk is proposed within
the divider strip, the width of the island shall be increased to accommodate
the sidewalk width and provide a planting area.
(4)
Shade trees shall be provided within the required
islands and adjacent to the parking lot or vehicle storage area at
a ratio of one tree per 10 parking spaces. When adjacent to parking
stalls and pedestrian use areas, the trees shall be limbed up to a
height of six feet above grade. This shall be noted on the plant list
and in the planting notes or specifications.
(5)
A minimum of 50% of the proposed shade trees
shall be native to the region.
(6)
To encourage diversity in design and to accommodate
changes in availability of plant material, shade trees may be substituted
at the rate of two ornamental trees per shade tree, for up to 50%
of the shade tree requirement.
(7)
The remainder of the planting areas shall be
planted with a variety of shrubs and ground cover plantings. The plantings
within the islands, where clear visibility must be maintained, shall
grow lower than or be maintained at a maximum height of 30 inches.
A note to this effect shall be placed on the plans. Plantings in divider
islands or along the perimeter, where visibility is not compromised,
may grow taller.
(8)
Plant material shall conform to the standards
of this section. They shell be species resistant to road salts.
I.
Loading area and site element screening. Views of
all loading areas, equipment and storage areas or yards and utilitarian
site elements shall be screened or lessened to the greatest extent
possible, especially when such areas are adjacent to residential properties
or face public rights-of-way or patron parking areas.
(1)
The portions of loading areas that are not enclosed
within buildings shall be screened by fences, walls, architectural
elements and/or evergreen plantings to a minimum height of 10 feet.
(2)
The vehicular use, or open, end of loading areas
shall be screened from public view as close to the edge of pavement
as practicable by fences, walls, architectural elements, at a minimum
height of six feet, and/or evergreen plantings provided at a minimum
height of 10 feet at planting.
(3)
Site element screens shall be placed around
the perimeter of all other utilitarian areas, such as equipment and
storage areas or yards, and the nonaccessible sides of trash enclosures
and utility boxes, subject to the following requirements:
(a)
Site element screens shall be comprised of opaque
architectural elements softened by plantings, or by evergreen and
dense deciduous plant material, capable of reaching a minimum height
of six feet at maturity to provide a year round visual screen.
(b)
Screens shall be placed as close to the element
being screened as practicable.
(c)
Screens surrounding fenced equipment or storage
yards shall also contain one shade tree per 50 feet, or fraction thereof,
of perimeter fencing.
(4)
Plant material shall conform to the standards
of this section.
J.
Stormwater management areas. Plantings shall be provided
around all stormwater management areas and structures to soften views
of these features and visually unite them with the natural or proposed
landscape, in accordance with the following:
(1)
Naturalistic groupings of a mixed variety of
plantings shall be provided along the visible areas of basins, berms
and outflow structures as appropriate to the type and/or construction
of such features. For example, plants may not be appropriate on the
rim of a bermed basin, because of the possibility of roots breaching
the berm, but they are appropriate along the rim of an excavated basin.
In the above example, plantings at the toe of the bermed basin are
appropriate.
(2)
Where possible, outflow structures should be
softened by shrubs or perennial plantings.
(3)
The use of low-maintenance, water-purifying,
meadow plantings in conjunction with native trees and shrubs is encouraged,
especially when such features are proposed adjacent to other natural
environmental systems.
K.
Unit landscaping. Foundation plantings shall provided
to soften the architectural facade of each proposed or expanded commercial,
industrial, institutional or apartment building, in accordance with
the following:
(1)
(2)
Plants are encouraged to be placed near the
buildings or between buildings to create a setting for the building,
along blank walls and in locations where additional landscaping is
needed.
(3)
Compliance with this section shall be tabulated
in a chart, placed on the plans.
(4)
Plant material shall conform to the standards
of this section.
[Amended 10-12-1999 by Ord. No. 3-1999; 5-11-2004 by Ord. No. 3-2004; 2-8-2005 by Ord. No. 3-2005; 12-13-2006 by Ord. No.
8-2006; 4-11-2007 by Ord. No. 2-2007; 8-10-2010 by Ord. No.
2-2010; 12-10-2013 by Ord. No. 6-2013]
All subdivision and land developments shall comply with the stormwater management standards, criteria and guidelines presented in Chapter 94 of the Code of the Township of East Bradford. Waiver requests or requests for modification of the requirements set forth in Chapter 94 as part of the subdivision and land development process shall be evaluated by the Board during the subdivision and land development process and, if deemed appropriate by the Board after the applicant's demonstration of compliance with the appropriate relief requirements contained within Chapter 95 of the Code, shall be granted by the Board as part of the subdivision and land development process.
A.
The length, width and shape of blocks shall be determined
with due regard to:
B.
Blocks shall have a maximum length of 1,600 feet and,
as far as practicable, a minimum length of 500 feet. In design of
blocks longer than 1,100 feet, special consideration should be given
to access for fire protection.
C.
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse frontage lots
bordering a major thoroughfare are used.
B.
All lots shall have frontage on, and direct access
to, a street, existing or proposed. Each lot shall have, in addition
to the required minimum width at the front lot line, complete access
of required minimum width to the street cartway to avoid the need
to cross any portion of another lot to reach such streets.
C.
Side lot lines shall be substantially at right angles
or radial to street lines.
D.
Any proposed residential lots abutting an existing
or proposed arterial or collector street in the Township shall be
designed as reverse frontage lots having direct access only to a street
classified as a primary distributor or lower, as specified in the
East Bradford Township Zoning Ordinance.[2] This requirement may be waived by the Board of Supervisors
if, in its judgment:
(1)
The advantages to the Township of compliance with
this standard are outweighed by the applicant's resulting inability
to meet other requirements of this chapter or the Zoning Ordinance
(minimum dimensions, layout of lots, disturbance of slopes, etc.);
or
(2)
Compliance would be unreasonable or impractical due
to the size of the proposed development, configuration of the site,
etc.
E.
House numbers shall be assigned to each lot by the
Township Engineer.
F.
Interior lots.
(1)
No more than two contiguous interior lots shall be
formed. The creation of such lots shall be minimized and limited to
those circumstances dictated by the configuration of the site or natural
conditions. However, the applicant shall not be permitted to use interior
lot design to avoid constructing a new local road.
(2)
No more than two lots in depth (i.e., one tier of
interior lots) shall be created along a new or existing street; access
to any other lots shall be taken directly from a new street.
(3)
An interior lot shall have an access strip within
a minimum width of 50 feet connecting to a street. Such access strip
shall be a minimum width of 50 feet for its entire depth and shall
be entirely included within the title lines of the lot. Such access
strip shall contain no:
G.
For any lot proposed to front on the curved portion
of a street, the required minimum lot width at the building setback
line, as specified in the East Bradford Township Zoning Ordinance,
must be achievable at that point regardless of the existence of sufficient
lot width at a point or points deeper on the lot.
A.
Installation of sewerage facilities. The development
of a subdivision or land development, including a planned residential
development, within the sewered areas shall not proceed without a
sanitary sewer system as herein set forth.
B.
Official Plan. The Official Wastewater Facilities
Plan of East Bradford Township shall be published and, from time to
time, revised by resolution of the Board of Supervisors to show the
sewered areas of the Township and the major trunk sewage lines, pumping
stations and treatment plants proposed to serve these areas. Said
Official Plan shall be appended to and made a part of this chapter
by reference.[1]
[1]
Editor's Note: The Official Wastewater Facilities
Plan is on file in the Township offices.
C.
General requirements.
(1)
The specifications and details of design and construction
of all items of the sanitary sewer system to be constructed for every
subdivision and land development shall be in accordance with the latest
requirements and standards for sewage facilities of the Chester County
Health Department and the Pennsylvania Department of Environmental
Protection and in accordance with the design standards established
by the Township's rules and regulations.
(2)
All construction work of the sanitary sewer system
shall be completed under the inspection of the Township. Construction
work requiring inspection and testing shall not be backfilled without
approval of the Township, and construction work backfilled without
such approval or consent shall be uncovered, the cost of uncovering
and replacing to be borne by the developer or his contractor.
D.
Installation of sanitary sewer systems.
(1)
When an East Bradford Township sanitary sewer system
is available within 1,000 feet of a subdivision or land development,
all sewage collection piping, all service laterals and all necessary
building sewers as shown on the approved final plan shall be installed
and connected to the existing Township sanitary sewer system by the
developer, at his expense, subject to inspection and approval thereof
by the Township.
(2)
When an East Bradford Township sanitary sewer system
is not available within 1,000 feet of a proposed subdivision or land
development, then the Board of Supervisors shall require one of the
following:
(a)
A sanitary sewer system, complete with sewage
collection piping, service laterals and building sewers, shall be
installed and connected to the Township sanitary sewer system with
the sewage connecting pipe, trunk sewer and/or pump station between
the proposed subdivision or land development and the Township sanitary
sewer system to be installed by the developer. These sewage collection
pipes and service laterals shall be installed before the streets and
roads shown in the approved final plan are constructed; or
(b)
In the event that the Board shall determine
said East Bradford Township sanitary sewer system is not available
or, if it is available, the connection thereto would create unnecessary
hardship on the developer and that the Board shall determine that
the sites proposed for development are suitable for on-site sewage
disposal in accordance with the regulations of the Chester County
Health Department and the Pennsylvania Department of Environmental
Protection, then the Board shall require that a sanitary sewer system,
complete with sewage collection piping and service laterals and with
the sewer and service laterals capped in accordance with the rules
and regulations of the Township, be installed by the developer in
addition to the installation by the developer of temporary individual
on-lot sanitary disposal systems. These sewage collection pipes and
service laterals shall be installed before the streets and roads shown
in the approved final plan are constructed. The aforementioned determinations
of the Board shall be made at a public meeting of the Board.
(3)
In lieu of the foregoing procedures provided in § 95-29D(2)(a) and (b), the Board may approve, by resolution, the construction of an independent sanitary sewer system to be installed by the developer in accordance with the Official Plan. Sewage collection piping and service laterals shall be installed before the streets and roads shown in the approved final plan are constructed.
E.
Sanitary sewer plan.
(1)
Prior to the start of construction, the developer
shall furnish a sanitary sewer plan of the sanitary sewer system and
treatment plan (if any) for the proposed subdivision or land development
for review and written approval by the Board of Supervisors.
(2)
Such sanitary sewer plan shall show the plan layout
of all sewage collection piping, service laterals, building sewers
(initial or future), connecting sewers and trunk sewers. Profiles
of all sewage collection piping, connecting sewers and trunk sewers
shall also be shown.
(3)
The sanitary sewer plan shall show the location, size,
slope, length, invert elevations of each length of a sewage collection
pipe, connecting sewer and trunk sewer at the manholes; the location,
length and elevation of the upstream end of each length of service
lateral; and, where applicable, the location and size of building
sewers and their relationship to septic tanks, seepage pits and tile
fields. The sanitary sewer plan shall also show the elevation for
manholes (tops and inverts) and buildings, the first floor and the
basement floor. Descriptive bounds of all rights-of-way and easements
shall be shown on the sanitary sewer plan or accompanying drawings.
(4)
Plans for sewage treatment plants shall be prepared
in accordance with the requirements of the Chester County Health Department
and the Pennsylvania Department of Environmental Protection but shall
be subject to review and approval by the Board of Supervisors as hereinbefore
provided. The Board may require such reasonable changes in design
as are required to provide an effective and efficient design and to
protect the public interest in preventing odors or discharge of completely
treated wastes.
F.
Permits. Before the construction or installation of
any sanitary sewer system, a permit shall be obtained from the Chester
County Health Department and the Pennsylvania Department of Environmental
Protection and from any other governmental authorities having jurisdiction.
If facilities are to be dedicated to the Township, the applicant shall
prepare permit applications in the name of East Bradford Township
and shall submit the same, with the necessary application fees and
supporting documentation, to the Board of Supervisors for review and
execution. If, by agreement with the Township, an independent sanitary
sewer system is to be constructed, said applications shall be prepared
in the name of the proposed owner but shall be submitted for review
by the Board of Supervisors upon the submission of the preliminary
plan requirements.
G.
Construction of sanitary sewer systems. Upon approval
of final plans, the developer shall be required to post a bond or
moneys in escrow with the Township to assure satisfactory completion
of the proposed sanitary sewer system in accordance with the terms
of this chapter. The developer shall construct the sanitary sewer
system without cost to the Township in accordance with the approved
plans and specifications and under the inspection of the Township
as hereinbefore provided.
H.
Acceptance of sanitary sewer systems.
(1)
Upon final inspection and approval by the Township
of any sanitary sewer system, including independent sanitary sewer
systems, said system shall be offered for dedication to the Township
in its entirety, including collection lines, laterals and rights-of-way
and easements for said system, without charge to the Township. The
Township may, at its option, accept dedication of the system but shall
not be required to do so at any given time.
(2)
If the Township does not accept dedication, an independent
sanitary sewer system may, by agreement with the Township, be owned
and operated by a public utility or by a homeowners' association,
provided that the offer of dedication shall remain open to the Township
for acceptance at any time, in accordance with the terms of said agreement.
I.
Costs to be borne by developer. The costs of all reviews
and approvals by the Township and all inspection required and for
the construction work for the sanitary sewer system for the proposed
subdivision or land development shall be paid by the developer.
J.
Soil percolation test requirements.
(1)
Soil percolation tests shall be performed for all
subdivisions wherein buildings at the time of construction will not
be connected to a Township or independent sanitary sewage disposal
system in operation. Soil percolation tests shall be made in accordance
with the procedure required by the Chester County Health Department
and the Pennsylvania Department of Environmental Protection.
(2)
The results of the soil percolation tests shall be
analyzed in relation to the physical characteristics of the tract
being subdivided and of the general area surrounding the tract being
subdivided. The final plan lot layout shall be based on this analysis.
A.
All land development involving four or more dwelling
units as defined by the East Bradford Township Zoning Ordinance of
1970, as amended,[1] within the area described on the Public Water Supply Area
Map attached hereto and made a part thereof[2] shall be serviced by public water which shall be provided
by the West Chester Area Municipal Authority, its successor in interest
or other municipal authority or principal corporation organized and
operating under the laws of the Commonwealth of Pennsylvania and acceptable
to the Township. Where the purpose and intent of land development
involving less than four dwelling units is to evade the provision
of this section, then the public water requirements contained herein
shall apply. In addition, if the subdivision or land development results
in lots or parcels of ground which can be further subdivided so that
more than four dwelling units ultimately could be located thereon,
then the public water requirements of this subsection shall, nevertheless,
apply.
B.
If public water is to be used, mains must be sized
to provide for adequate pressure and supply for the anticipated demands
of the land development and to meet the minimum requirements for fire
protection established by the Insurance Services Office. Minimum main
size shall be six inches. Hydrants shall be installed at a maximum
spacing so that the properties to be built upon shall be within 600
feet of the hydrant.
C.
If water is to be provided within any subdivision
or land development, by means other than by private wells owned and
maintained by the individual owners of lots, the applicant shall present
evidence to the Board of Supervisors that the subdivision or development
is to be supplied by a certificated 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.
D.
Test well requirements. For any subdivision in which four or more lots are proposed to be created and not subject to the terms of § 95-30A, the following requirements shall apply:
(1)
One test well shall be established for the first 10
or fewer lots and for each additional 10 lots proposed (rounded down).
The location of each such well shall be determined by the Township's
Engineer, upon consultation with the applicant's engineer.
(2)
Pump tests, conducted by qualified personnel acceptable
to the Township, shall be run on these wells for a continuous forty-eight-hour
period, and the results of those tests shall be reviewed by the Township
Engineer. Existing neighboring wells shall be monitored to determine
the effect of the pump tests on those wells. Pumping rates and measured
drawdown in the test wells and all monitored wells shall be recorded,
together with the time of the occurrence.
(3)
The proposed design of the subdivision shall clearly
reflect the results of these tests. Written results of the tests shall
be filed with the Chester County Health Department and with the Township.
(4)
The applicant shall obtain all applicable permits,
including but not limited to a permit from the Chester County Health
Department, prior to digging the test well or wells.
(5)
The granting of a permit, or approval of a plan of
subdivision or land development which involves test wells, shall not
constitute a representation, guaranty or warranty of any kind by the
Township or by any official, employee, agent or advisor of the Township
as to the practicability, adequacy, functioning or safety of any use,
improvement, facility or system installed or maintained pursuant to
the aforementioned permit or approval, and such permit or approval
shall not create any liability upon the Township, its officials, employees,
agents and/or advisors.
All other utility lines, including but not limited
to electric, gas, streetlight supply and telephone, shall be placed
underground. Installation of all utilities shall be in strict accordance
with the engineering standards and specifications of the Township
or public utility concerned.
A.
Private driveways shall be provided for all residences,
and the construction shall be in accordance with the regulations of
this in order to provide safe access to Township and state roads,
to eliminate problems of stormwater runoff and to assure sufficient
area for and access to off-street parking.
B.
All driveways shall be paved with concrete or bituminous
materials from the edge of the street cartway to a point in the lot
25 feet from the right-of-way line of any Township, state or private
road. The remainder of the driveway may be constructed of any suitable
stone or paved all-weather surface.
C.
Separation distances between the edge of the driveway and the nearest end of the paving radius at a street intersection shall be regulated per the requirements of § 95-16E(2).
D.
The slope of a driveway within that portion of the
driveway required to be paved shall not exceed 5%. The slope of any
portion of the driveway within 100 feet of the street right-of-way
line shall not exceed 12%.
E.
The width of a driveway within the legal right-of-way
of the public road or when carried by a bridge shall be a minimum
of 12 feet and shall be a minimum of 10 feet at all other points within
the property line. Adequate turnaround surface shall be provided on
the property so that egress to the street is in a forward direction.
Where the slope of the driveway exceeds 12%, at least one level parking
space shall be provided just within the property line for emergency
parking.
F.
Driveways shall be graded so that, wherever possible,
surface drainage will be discharged to the owner's property; otherwise,
adequately sized pipes, inlets and/or headwalls shall be installed
and gutter improvements shall be made to direct surfaced drainage
into the road drainage system and not onto the paving of the intersecting
road.
G.
The sight distance at the intersection of a proposed driveway with any state, Township or private road shall be maintained as specified in § 95-22 of this chapter.
H.
The interior angle of an intersection between any
driveway and a street shall not be less than 60°. A tangent length
of 50 feet shall be required for all driveways, as measured from the
center line of the street.
I.
Where water and/or sewer facilities are intended for
dedication, the requirements for easements shall be determined by
the Board. Easements shall be provided as necessary for other utilities.
J.
Storm drainage easements shall be provided as required.
K.
Driveways shall have a minimum setback of at least
five feet from all property lines.
[Added 11-8-2005 by Ord. No. 9-2005]
L.
Driveways serving single-family detached dwellings
on single lots not developed in accordance with the open space development
option shall be a minimum of five feet from any property line. Driveways
serving nonresidential properties shall be a minimum of 25 feet from
any property line.
[Added 9-9-2008 by Ord. No. 2-2008]
[Amended 11-8-2005 by Ord. No. 9-2005; 8-10-2010 by Ord. No.
2-2010]
Permanent concrete monuments shall be set at
all corners and angle points of the boundaries of the original tract
to be subdivided and such intermediate points as may be required,
except in cases where corners of the boundary of the original tract
are already marked by preexisting monumentation. This preexisting
monumentation shall remain in place, and its existence, description,
and character shall be documented on the plans. All lot corner markers
shall be so located that individual properties may be readily ascertained
after development of the subdivision. Iron pins shall also be set
at all corners of any access easements, rights-of-way and open space
areas to the extent they are not already marked by preexisting monumentation
as described above. Markers shall be set in the ground at finished
grade.
A.
In reviewing the subdivision plans, the Board will
consider the adequacy of existing or proposed community facilities
to serve the additional dwellings proposed by the subdivision.
B.
In addition to the requirements for recreational and open space lands contained in § 95-34.1 of this chapter, applicants and Township authorities shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential sections, including churches, libraries, schools and other public buildings.
C.
Areas provided or served for such community facilities
should be adequate to provide for building sites, landscaping and
off-street parking, as appropriate to the use proposed. Such areas
should be located in a manner to best serve the public likely to use
the same and to utilize, to the greatest extent, any topographical
features.
[Amended 11-8-2005 by Ord. No. 9-2005]
A.
In reviewing a sketch plan for subdivision or land
development or, if no sketch plan is submitted, in reviewing a preliminary
plan for subdivision or land development, the Township Planning Commission
shall consider the open space and recreational needs of the additional
residents and/or employees proposed by the development and the relationship
of those needs to the recreation and open space facilities component
of the Open Space, Recreation and Environmental Resources Plan, as
well as any other open space, public or recreational facilities plans
existing or subsequently adopted by the Township. The Planning Commission
will seek input from the other advisory boards/commissions. The Planning
Commission shall discuss its findings and the further requirements
of this with the applicant as it deems necessary in the public interest.
[Amended 12-13-2006 by Ord. No. 8-2006]
B.
Applicability. The requirements in this section shall
apply to any subdivision or land development.
C.
General requirements.
(1)
The applicant shall make an irrevocable offer
of dedication of park and open space land to the Township per the
requirements of this section. The Township Supervisors may authorize
the transfer of the land to a homeowners' association or other appropriate
third party, including but limited to a nonprofit association or nonprofit
corporation organized to acquire and maintain real property for the
preservation, conservation and stewardship of open space where consistent
with the East Bradford Township Open Space, Recreation and Environmental
Resources Plan. In lieu of dedicating park and open space land to
the Township, the applicant may elect to pay a fee to the Township.
(2)
All dedications of land for park and open space
purposes shall be consistent with any standards contained in the East
Bradford Township Open Space, Recreation and Environmental Resources
Plan. Such dedications shall be at locations deemed appropriate by
the Township Supervisors. If a specific site has been designated in
the East Bradford Township Open Space, Recreation and Environmental
Resources Plan for future park purposes, any preliminary or final
plan shall show the dedications of land in a location that corresponds
to the plan designation. Title to land to be dedicated shall be good
and marketable, free of all liens or other defects and acceptable
to the Township Solicitor.
(3)
Park and open space lands shall in all cases
be available for, and open to, public use and enjoyment.
D.
Amount of land required.
(1)
Consistent with the standards of the East Bradford
Township Open Space, Recreation and Environmental Resources Plan,
as updated or amended, and Linking Landscapes, a Plan for the Protected
Open Space Network in Chester County, PA 2002, which is the open space
element of the 1996 Chester County Comprehensive Plan, Landscapes,
as amended, the amount of park and open space land required to be
dedicated shall equal at least 2,000 square feet per dwelling unit
in any proposed residential subdivision or land development or at
least 500 square feet per each 1,000 gross square feet of building
area (on all floors) in any proposed nonresidential subdivision or
land development or, where applicable, the total minimum square footage
required by 95-34.1F(1)(c), whichever is greater.
[Amended 12-13-2006 by Ord. No. 8-2006]
(2)
The Board may, at its sole discretion and upon
recommendation from the Township Planning Commission and the Township
Park and Recreation Board, agree to accept a lesser amount of land
than the minimum percentage otherwise required, where the applicant
agrees to provide a fully developed active recreation facility within
the open space that addresses a recreational need of particular importance
to the Township in that location and that is particularly appropriate
to the prospective residents of the proposed development.
E.
Fee in lieu of dedication. The applicant may, with
the consent and approval of the Township Supervisors, elect to pay
a fee in lieu of the park and open space land dedication provision.
(1)
Such fee shall, from time to time, be established
by resolution by the Board of Supervisors.
(2)
Such fee shall be in conformance with the Recreation
Plan element of the East Bradford Township Open Space Recreation and
Environmental Resources Plan, as updated or amended from time to time,
and shall be consistent with the methodology adopted therein.
(3)
A note shall be placed on the plan prepared for recording, stipulating the amount of the fee to be paid, as established through § 95-34.1 herein, and the means and timing of payment, consistent with the terms of this section.
(4)
For any subdivision not exempt from preliminary plan requirements of §95-8A(2)(a), the full amount of the fee, as determined in § 95.34.1E(1), shall be placed in escrow or otherwise secured in a manner deemed acceptable under the terms of §95-8C of this chapter, as a condition of final plan approval by the Board. Actual payment of the fee for any lot shall be made at one of the following points, whichever shall occur first:
(5)
For any subdivision exempt from the preliminary plan requirements pursuant to § 95-8A(2)(a), the full amount of the fee for any lot shall be paid at the time of conveyance of the lot or upon application for a building permit, whichever shall occur first.
(6)
There is hereby established an open space capital
reserve fund which shall be under the exclusive control of the Board
of Supervisors. All fees received pursuant to this section shall be
deposited to this fund and shall be specifically identified, and separate
records maintained thereof, to the application for which the fee was
paid. Disbursements from this fund shall be made from time to time
as the Board shall deem appropriate, only in connection with the planning,
purchase, improvement, replacement and addition to township lands
for use as open space, conservation and recreation areas for the benefit
of the citizens of the Township and, more particularly, the residents
of the development from which a particular fee amount was derived,
as provided for in the Municipalities Planning Code, the Second Class
Township Code or other applicable rules, regulations or statutes.
All sums received for and deposited in the open space capital reserve
fund shall be held, invested and reinvested in the same manner as
other funds of the Township, but shall not be considered part of the
general revenues of the Township. The open space capital reserve fund
shall, at a minimum, be an interest-bearing account. The Township
shall, upon request of the party paying the fee required under this
section, refund such fee plus interest accumulated thereon which has
not been utilized for the purposes set forth in this section within
three years of the date of deposit of said fee.
F.
Open space characteristics and design standards.
(1)
In designating areas for open space and recreation
within the subdivision or land development plan, the following criteria
and standards shall be adhered to by the applicant. Areas shall be:
(a)
Consistent with the plan for open space and
plan for recreation components of the Open Space, Recreation and Environmental
Resources Plan and any other open space, park or recreational facilities
existing or subsequently adopted by the Township.
(b)
Suitable for active recreational uses in their
entirety without interfering with adjacent dwelling units, parking,
driveways and roads. Consistent with the primary objective of providing
active recreation areas, the proposed open space shall also be free
of wetlands, steep slopes and other significant natural features not
compatible with active recreational use. Park and open space lands
shall in all cases be available for, and open to, public use and enjoyment.
(c)
For any land development involving 12 or more
residential units or 50,000 square feet or more of gross building
area (on all floors), or subdivisions of land involving 12 or more
lots, required open space and recreation areas shall be comprised
of areas not less than 50,000 square feet of contiguous area and not
less than 75 feet in width, except where a narrower area of linear
open space is serving solely as a connecting access strip between
larger open space parcels or as a portion of a trail system or pathway
network. Regardless of number of units or lots or square footage of
building area, in all cases the development shall provide for active
recreational uses in addition to trails or pathways, unless a waiver
of such requirements is recommended by the Township Engineer and Planning
Commission, and further upon waiver relief granted at the discretion
of the Board of Supervisors, if granting the relief is consistent
with the purposes and intent of the East Bradford Township Open Space,
Recreation and Environmental Resources Plan.
(d)
Interconnected with common open space areas
on abutting parcels wherever possible, including provision for pedestrian
pathways for general public use to create linked pathways systems
within the Township.
(e)
Provided with sufficient perimeter parking,
when necessary, and with safe and convenient access by adjoining street
frontage or other rights-of-way or easements capable of accommodating
pedestrian, bicycle and maintenance and vehicle traffic and containing
appropriate access improvements.
(f)
Undivided by any public or private street, except
where necessary for proper internal traffic circulation, and then
only upon recommendation of the Township Engineer and Planning Commission,
and upon waiver relief granted at the discretion of the Board of Supervisors,
if granting the relief is consistent with the purposes and intent
of the East Bradford Township Open Space, Recreation and Environmental
Resources Plan.
(g)
Free of all structures, except those related
to outdoor recreational use.
(h)
Suitably landscaped, either by retaining existing
natural cover and wooded areas and/or by a landscaping plan for enhancing
open space areas through plantings which are consistent with the purposes
of this section and which minimize maintenance costs.
(i)
Free of stormwater management facilities retaining
or detaining water from other portions of the development. If such
facilities are graded into the natural terrain to be able to serve
a recreational use during a majority of weather conditions, and function
as a scenic open space asset, the Township Engineer and Planning Commission
may recommend relief from this provision, which may be granted at
the discretion of the Board of Supervisors, if granting the relief
is consistent with the purposes and intent of the East Bradford Township
Open Space, Recreation and Environmental Resources Plan.
(j)
Accessible to sewer, water, energy, cable and
telephone/telecommunication services provided within the property
developed. If requested by any municipal body accepting dedication
thereof, the applicant shall extend the referenced services into the
park and open space buildings, structures or facilities thereon.
(k)
Where part of a phased development, in amount
and at locations, as deemed acceptable by the Board, sufficient to
meet the minimum open space needs generated by each phase of the development.
The applicant shall provide, as part of the application for approval
of the first phase of development, a schedule of the amount of open
space land or of fees in lieu thereof to be provided in each of the
subsequent phases.
(l)
Located adjoining to other open space and recreational
land, where part of a phased development, or where adjoining property
contains open space and recreational lands at the boundary of the
applicant’s development.
(m)
Provided at the property boundary of the applicant’s
development, where adjoining property is undeveloped and/or may be
later added to land provided for open space and recreation.
(n)
Made subject to such agreement with the Township
and such deed restrictions duly recorded in the office of the Chester
County Recorder of Deeds as may be required by the Board for the purpose
of preserving the open space for such use. Park and open space lands
subject to such deed restrictions shall be available for, and open
to, public use and enjoyment.
(2)
Where provision is made for any trails or pedestrian
pathways, said pathways shall be clearly marked on the affected properties
and lots such that the existence thereof is evident to an individual
standing on the affected property or lot within reasonable proximity
of the trails. Said marking of the easement shall occur within 30
days of the recording of the plan of subdivision as given final approval
by the Board of Supervisors or prior to the issuance of building permits
for any dwelling or residential unit on the property, whichever event
occurs first in time.
G.
Ownership and maintenance.
(2)
At the time ownership of the open space is to be transferred from the developer, in accordance with the terms of § 115-50B of the Township Zoning Ordinance, the natural and/or developed characteristics of that open space shall be as stipulated under the terms of the approved plan. No such transfer shall occur until the transferee is satisfied that such terms have been met.
H.
Additional recreational reservations. The provisions
of this section are minimum standards and shall not be construed as
prohibiting a developer, with the approval of the Township Supervisors,
from dedicating or reserving other land for open space or recreation
purposes in addition to the requirements of this chapter.
A.
The requirements in this section shall apply to all
proposed subdivision or land development involving any land disturbance
activity, including but not limited to grading; excavating; or disturbance
of the topsoil, trees or other vegetative cover; or introduction of
fill material to prevent accelerated erosion and resulting sedimentation
and to preserve desirable natural features and the existing topography
of the site.
B.
The following erosion and sedimentation control requirements
shall be met for all proposed subdivision or land development involving
any land disturbance activity.
[Amended 10-12-1999 by Ord. No. 3-1999]
(1)
All land disturbance activities shall be conducted
in such a way as to minimize erosion and resulting sedimentation on
the subject property and prevent erosion and resulting sedimentation
on adjoining and downslope properties.
(a)
An applicant who engages in any land disturbance
activity that may affect the existing flow of surface water within
or downslope from the parcel proposed for subdivision or land development
shall be required to:
[1]
Collect on-site runoff and manage its release into a point of discharge into the natural watercourses or along a line of discharge in the drainage area as specified in § 95-26, Stormwater management, of this chapter. In order to limit the discharge of sediments from the site, the designer shall consider the information and requirements contained in the Pennsylvania Erosion and Sediment Pollution Control Manual and the Pennsylvania Handbook of Best Management Practices for Developing Areas. Consideration should be given to providing sediment basins with dewatering times between five and seven days. Complete dewatering calculations must be provided for the dewatering time from the crest of the temporary riser to the clean-out elevation. The one inch of opening per tributary acre rule-of-thumb is not acceptable for riser design unless supported with complete calculations satisfying the five- to seven-day dewatering requirement. All open perforations, including weep holes at the base of the riser, should be incorporated into dewatering calculations. Basins with extended dewatering times located in sinkhole-prone areas should utilize an acceptable basin lining to reduce or prohibit infiltration. In order to improve basin performance in addition to providing extended dewatering times, one or more of the following may be employed in the final sediment basin design:
[a]
Arrange the riser perforations
so that 2/3 are above the middle row of perforations.
[b]
Increase sediment basin storage
volume by no less than 5% above required volume.
[c]
Increase the flow length to width
ratio to no less than 3 to 1.
[d]
Forebays for improved particle
settlement.
[e]
A floating (or skimmer-type) riser
that dewaters the basin from the top of the water column.
[2]
Protect and clean up down slope, adjoining properties
of silt and debris washed from the subject property as a result of
land disturbance activities on the subject property.
[3]
Install all drainage and erosion control improvements
as required by and in the sequence prescribed in the approved erosion
and sedimentation control plan.
(b)
The installation and design of the required
erosion and sediment control measures shall be in accordance with
the standards and specifications of the Pennsylvania Department of
Environmental Protection's Erosion and Pollution Program Control Manual,
as amended; the Pennsylvania Clean Streams Law, Chapter 102, Erosion
and Sedimentation Control Rules and Regulations, as amended; and the
specifications contained herein. The Township Engineer or other duly-authorized
agent shall ensure compliance with the appropriate specifications.
(2)
Existing vegetation shall be retained, protected and supplemented, as defined in § 95-25, Vegetation preservation and management, of this chapter.
(3)
The erosion and sedimentation control plan shall show
the location of areas of nondisturbance and these areas shall be delineated
in the field with construction fencing. Land disturbance shall not
extend beyond the area within the limit of disturbance shown on the
approved plan. The disturbed area and duration of exposure shall be
kept to a practical minimum and disturbed soil shall be stabilized
in accordance with the following:
(a)
Any disturbed area on which activity has ceased
and which will remain exposed for more than 20 days and any disturbed
areas which are at finished grade must be stabilized immediately.
Any such disturbed areas, which are not at finished grade and which
will be redisturbed within one year may be stabilized in accordance
with temporary seeding specifications. Disturbed areas which are either
at finished grade or will not be redisturbed within one year must
be stabilized in accordance with permanent seeding specifications.
Seeding specifications must be shown on the plans.
(b)
Diversions, channels, sedimentation basins,
sediment traps and stockpiles must be stabilized immediately.
(c)
During nongerminating periods (October 15 to
March 15), stabilization shall include the use of commercially produced
matting or blankets that shall be supplied and installed in accordance
with PennDOT Specification 408, Section 806. Such materials shall
be used as shown on the plans but at a minimum on all cut and fill
slopes extending to five feet beyond the top and toe of slope and
in all drainage channels. In street construction, matting shall extend
through drainage swales, if any, and to the edge of the paving section
or back of curb. Other exposed areas shall be mulched and mulch binders
applied in accordance with the latest edition of PennDOT Specification
408, Section 805. During periods when seed germination can be obtained,
seeding and mulching and the installation of matting shall be applied
in accordance with the specifications and as shown on the plans.
(4)
Structures related to erosion control and stormwater
management systems shall be installed before the disturbance of downstream
areas in the development.
(5)
Sediment in the runoff water shall be trapped until
the disturbed area is permanently stabilized by the use of measures
such as debris basins, sediment basins, silt traps or similar means.
Sediment shall be removed from sediment collection basins or traps
by the applicant when accumulations of sediments reach the elevation
specified in the approved soil erosion and sedimentation plan in order
to assure adequate capacity in the basins or traps.
(6)
The Codes Enforcement Officer, in consultation with
the Township Engineer, shall have the authority to limit, during the
course of construction, the issuance of the number of building permits
for dwelling units, whether granted under this chapter or granted
as a result of an approval of a subdivision or land development where,
in the opinion of the Codes Enforcement Officer, such limitation on
permitting is necessary to prevent erosion and sedimentation discharges
in violation of provisions of this section.
C.
The following standards for grading, both excavation
and fill, shall be met for all proposed subdivisions and land developments
involving any land disturbance activity:
(1)
Slope.
(a)
Slopes steeper than two horizontal to one vertical
or 50% shall not be permitted except where competent rock is encountered.
Slopes steeper than three horizontal to one vertical or 33% shall
be peg-sodded or seeded and covered with jute matting or similar material.
Natural or existing slopes exceeding five horizontal to one vertical
or 20% shall be benched, terraced or continuously stepped into competent
materials, as determined by the Township Engineer, prior to placing
all classes of fill.
(b)
The Township Engineer may require a shallower
slope when it is found that the material in which the excavation is
to be made is unusually subject to erosion or if other conditions
exist which make such flatter exposed face necessary for stability
and safety.
(2)
Fills toeing out on natural slopes steeper than four
horizontal to one vertical or 25% shall not be made unless approved
by the Township Engineer after receipt of a report by a registered
professional engineer, qualified in soils analysis, certifying that
he has investigated the property, made soil tests and that, in his
opinion, such steeper slopes will safely support the proposed fill.
(3)
In connection with site grading for roads, driveways,
building areas or other site improvements, the lateral extent of cut
or fill areas shall not be more than 30 feet beyond the top of slope
in fills or the toe of slope in cuts or extend closer than 50 feet
to the bank of any perennial stream. Three feet horizontal to one
foot vertical cut or fill slopes shall be used to determine the extent
of grading.
(4)
If load-bearing fill is proposed, a soils investigation
report shall be submitted which shall consist of test borings, laboratory
testing and engineering analysis to correlate surface and subsurface
conditions with the proposed grading plan. The report shall include
data regarding the nature, distribution and supporting ability of
existing soils and rocks on the site, conclusions and recommendations
to ensure stable soil conditions and groundwater control is applicable.
The Township may require such supplemental reports and data as is
deemed necessary by the Township Engineer.
(5)
The top or bottom edge of slopes shall be located
at least five feet from property lines or from an ultimate right-of
way line, whichever is greater, in order to permit a gradual rounding
of the edge without encroaching on the abutting property. At property
lines where resulting slopes are steeper than three horizontal to
one vertical or a retaining wall system is three feet or more in height,
they shall be protected by a fence located on top of the slope or
retaining wall system.
(6)
Grading shall not be done in such a way so as to redirect or concentrate surface water onto an adjacent property as specified in § 95-26, Stormwater management, of this chapter. Sedimentation basins, including riser and discharge piping, diversions and sediment barriers, shall be in place before grading is commenced.
(7)
During grading operations, an applicant shall exercise
necessary measures for dust control to prevent particulate matter
from becoming airborne. These measures shall include, but not be limited
to, the following:
(a)
A tire cleaning area shall be provided at each
point of egress from the development area.
(b)
Use, where possible, of water or chemicals (which
have been approved by the Pennsylvania Department of Environmental
Protection) for control of dust during any land disturbance activity.
(c)
Prompt removal of earth or other material from
paved streets onto which earth or other material has been transported
by trucking or earth-moving equipment, erosion by water or other means.
(8)
Grading equipment shall not be allowed to cross permanent
or intermittent streams prior to obtaining appropriate permits from
the Pennsylvania Department of Environmental Protection.
(9)
Excavations or fills shall not encroach on natural
watercourses, flood hazard areas, constructed channels or wetlands
without the necessary state and federal permits. Excavations or fills
located adjacent to natural watercourses or constructed channels shall
have suitable protection against erosion.
(10)
All fills shall be compacted to provide stability
of material and to prevent undesirable settlement. The fill shall
be spread in a series of layers, none exceeding 12 inches in thickness,
and all areas shall be promptly seeded and mulched and/or sodded or
otherwise protected from erosion immediately upon completion of the
grading operation and shall be watered, tended and maintained until
growth is well established. Paving base shall be placed promptly to
prevent erosion of proposed paved areas.
(11)
Adequate provisions shall be made to prevent
any surface waters from damaging the cut face of an excavation or
the sloping surface of a fill within the area of a proposed subdivision
or land development. Slopes of more than 10 feet in vertical height
shall be separated by level berms of at least four feet in width within
which ditches shall be constructed where necessary to prevent erosion
and as a safe place to deposit and receive such water. The Township
Engineer may require such drainage structures or pipes to be constructed
or installed which in his or her opinion are necessary to prevent
erosion damage and to satisfactorily carry off surface waters.
(12)
The applicant who proposes any excavation or
fill shall maintain all retaining walls, drainage structures, fences
and other protective devices in good condition and repair. The developer
shall provide a bond to ensure this maintenance for a period of one
year after completion and approval by the Township Engineer.
(13)
Burying of organic material generated by tree
removal or other land-clearing activities is prohibited.
D.
Grading for drainage. In order to provide more suitable
sites for building and other uses, improve surface drainage and control
erosion, the following requirements shall be met:
(1)
All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and to dispose of water without ponding. All land within a development shall be graded to drain and dispose of surface water without ponding, except where ponding (such as in detention basins) is part of the stormwater management plan for the proposed subdivision or land development as specified and as indicated in § 95-26, Stormwater management, of this chapter.
(2)
All drainage provisions shall be of such design to
adequately handle the surface runoff and carry it to the nearest suitable
outlet (such as a curbed street, storm drain or natural watercourse).
E.
The following requirements for the preservation of
existing vegetative cover shall be met for all proposed subdivisions
and land development involving any land disturbance activity.
(1)
Removal of trees, tree clusters and their associated vegetation layers, noteworthy trees and other vegetation as a result of earth movement should be kept to the absolute minimum as defined in § 95-25, Vegetation preservation and management, of this chapter. Wherever possible, existing vegetation shall be retained and protected.
F.
The following requirements for the preservation of
existing topsoil shall be met for all proposed subdivisions and land
development involving any land disturbance activity.
(1)
Existing topsoil shall not be removed from a site
of subdivision or land development.
(2)
Upon completion of grading, topsoil stripped and preserved
during the course of development shall be redistributed on the site
to cover disturbed areas of the site.
(3)
When the utilization of on-site topsoil is deemed
to be impractical and upon the approval by the Township Engineer,
clean topsoil from another site may be used. Topsoil shall be from
a similar soil type and geologic formation as approved by a soil scientist
or others with similar qualifications and licensed by the Commonwealth
of Pennsylvania.
G.
Responsibility; regulations.
(1)
An erosion and sedimentation control plan shall be
submitted with the preliminary and final plan applications. Such a
plan shall be prepared in accordance with the Pennsylvania Department
of Environmental Protection's Erosion and Sediment Pollution Control
Program Manual, as amended, the Special Protection Waters Implementation
Handbook, as amended, and in compliance with Chester County Conservation
District practices. The provisions of the erosion and sedimentation
control plan shall be implemented by the developer before and during
the construction of all public improvements.
(a)
No land disturbance activity shall occur until:
[1]
The erosion and sedimentation control plan has
been processed and reviewed by the Township Engineer and any other
agency the Board of Supervisors deems appropriate, including but not
limited to the Township Planning Commission and the Chester County
Conservation District;
[2]
All applicable permits have been issued; and
[3]
The plan has been approved by the Board of Supervisors.
(b)
A copy of the erosion and sedimentation control
plan and all applicable permits issued by agencies, including but
not limited to the Chester County Conservation District and the Pennsylvania
Department of Environmental Protection, shall be available at the
earthmoving site at all times during construction.
(c)
Before commencing land disturbance activity
which will affect an adjoining property, the applicant shall notify
the owners of the adjoining properties, in writing, not less than
30 days before the start of such activity, describing the details
of the activity.
(2)
The applicant is responsible for any property damage
or personal injury caused by his or her activity authorized by the
permit.
(3)
No applicant shall engage in land disturbance activities
that endanger any adjoining property, public street, sidewalk, alley
or other property from settling, cracking or other damage which might
result from such land disturbance. If, in the opinion of the Township
Engineer, the land disturbance would create a hazard to life or property
unless adequately safeguarded, the applicant shall construct walls,
fences, guard rails or other structures to safeguard the adjoining
property, public street, sidewalk, alley or other property and persons.
(4)
No applicant shall fail to adequately maintain in
good operating order any drainage facility on his or her premises.
All watercourses, drainage ditches, culverts, drainpipes and drainage
structures shall be kept open and free-flowing at all times.
(5)
No applicant shall deposit or place any debris or
other material in any watercourse, drainage ditch or structure in
such a manner as to obstruct free flow.
(6)
The applicant or owner of any property on which any
work has been done pursuant to a permit granted under this chapter
shall continuously maintain and repair all graded surfaces and antierosion
devices, such as retaining walls, drainage structures or means, plantings
and ground cover installed or completed. This obligation shall apply
not only to the permit holder but also to his or her successors in
title to the property.
(7)
Inspections shall be conducted in accordance with the general procedure outlined in § 95-35H, Compliance with regulations, procedures and inspections.
(8)
Compaction test reports shall be kept on file at the
site and be subject to review at all times by the Township Engineer.
(9)
Major modifications of the approved application and
plans shall be submitted to the Township by the applicant and reprocessed
in the same manner as the original application and plans. Field modifications
of a minor nature may be authorized by the Township Engineer, provided
that written authorization is given to the person performing work
pursuant to this chapter.
H.
Compliance with regulations, procedures and inspections.
(1)
The Board of Supervisors in its consideration of all
preliminary plans of subdivision and land development shall condition
its approval upon the execution of erosion and sedimentation control
measures as required by this chapter and other Township ordinances.
(2)
The construction or installation of all improvements
shall at all times be subject to inspection by either the Township
Engineer (or his designee) or the Codes Enforcement Officer, depending
upon the type of grading permit. The applicant shall notify either
the Township Engineer or the Codes Enforcement Officer, whichever
is applicable, at least 48 hours before any work is undertaken pursuant
to an issued permit.
(3)
Inspections will be carried out on a random basis.
A set of as-built plans shall be on file at the site and at the Township
office at all times during the course of work carried out pursuant
to the permit.
(4)
Engineering check notes shall accompany all as-built
plans which involve structural or mechanical measures and shall serve
as supporting evidence that structures meet design standards and specifications
as contained herein.
[Added 3-10-2015 by Ord.
No. 5-2015]
A.
Purpose. The purpose of this section is to prevent and minimize unnecessary
risk to the public health, safety and welfare due to transmission
pipelines and ensure consistency with the intent of the Township's
Comprehensive Plan. Recognizing that it is impossible to eliminate
risk entirely, this section is intended to:
(1)
Minimize the likelihood of accidental damage to transmission
pipelines due to external forces, such as construction activity and
equipment.
(2)
Avoid exposing land uses with high on-site populations that
are difficult to evacuate.
(3)
Help reduce adverse impacts in the event of a pipeline failure.
(4)
Ensure compliance with and supplement existing federal and state
regulations related to transmission pipeline corridor management,
among them Federal Energy Regulatory Commission (FERC) standards,
the Pennsylvania Oil and Gas Act (as amended),[1] and Pennsylvania case law.
[1]
Editor's Note: See 58 P.S. § 601.101 et seq.
B.
Applicability.
(1)
Setbacks.
(a)
New residential buildings and all new commercial, industrial
and institutional uses other than those surface uses affiliated with
transmission pipelines shall be set back a minimum of 300 feet from
any existing or proposed transmission pipeline right-of-way; such
uses shall be set back from natural gas compressor stations or other
surface land uses affiliated with transmission pipelines a minimum
of 750 feet or 500 feet from the nearest lot line of natural gas compressor
stations or other surface land uses affiliated with transmission pipelines,
whichever is greater. Other unoccupied residential or nonresidential
accessory uses, such as but not limited to detached garages, parking
areas, storage facilities or garden sheds, shall not be located within
200 feet of any pipeline right-of-way. While these setbacks originated
in amendments to the Pennsylvania Oil and Gas Act (Act 13 of 2012),[2] the Township intends to monitor emerging science on setback
safety and revise these standards periodically. Where yard area or
other setbacks of the underlying zoning district contradict these
standards, the larger of the setbacks shall apply.
[2]
Editor's Note: See 58 P.S. § 601.101 et seq.
(b)
Setbacks may be modified by the Township pursuant to the type
of material being transported in the pipeline, the type of use being
proposed for the site, and the current status of science regarding
safety protocols in proximity to pipelines or surface land uses affiliated
with transmission pipelines. The Township shall, on a case-by-case
basis determine whether increased setbacks are warranted consistent
with the "potential impact radius" (PIR), defined by the relationship
between the diameter of the adjacent pipeline and its maximum operating
pressure (See 115 Attachment 6.[3]), whether high on-site populations are proposed (often
referred to as "high consequence areas"), and whether more than one
transmission pipeline (such as coupled lines) exist (or are proposed).
The PIR approach is applicable only to "gas" or "petroleum gas" transmission
pipelines as defined by 49 CFR 192.3. Transmission pipelines carrying
"hazardous liquids," as defined by 49 CFR 195.2, shall adhere to the
setback standards contained in this subsection.
(c)
No activity or grading within the pipeline setback shall create
depressions or areas in which flammable or explosive materials may
collect or accumulate; examples include but are not limited to grading
for structures, stormwater management facilities or landscape beds.
Furthermore, pipeline rights-of way shall be identified and protected
during construction by erecting suitable temporary barricades (non
disturbance fencing or silt fencing) and posting notices on-site.
(2)
Consultation zone.
(a)
Any application, other than those surface uses affiliated with
transmission pipelines, for new residential structures and all commercial,
industrial and institutional uses (whether Class 1, 2, 3 or 4 locations
pursuant to Exhibit 1[4]), proposed within 660 feet of any existing or proposed
transmission pipeline right-of-way shall include written verification
from the applicant that:
[1]
The applicant has contacted the pipeline operator(s) and has
provided the pipeline operator(s) with documentation detailing the
proposed development activity and where the activity is to take place;
[2]
The applicant has made sufficient access to the pipeline available
to the pipeline operator(s) for routine maintenance and emergency
operations; and
[3]
The pipeline operator(s) has reviewed the documents for compatibility
with continued or proposed safe operation of the transmission pipeline(s).
[4]
Editor's Note: Exhibit 1 is on file in the Township offices.
(b)
It shall be clear in the written notification submitted with
the application that the pipeline operator(s) has received and acknowledged
documentation showing the proposed activity and its location.
(3)
Land uses with high on-site populations.
(a)
Applicants for land uses with high on-site populations within
660 feet of a transmission pipeline shall develop appropriate mitigation
measures to help reduce adverse impacts in the event of a pipeline
failure. Such measures and/or corresponding plans shall be submitted
to the Township for review. Land uses with high on-site populations
include schools (through grade 12), hospitals, clinics, multifamily
housing, retirement and/or life-care facilities, stadiums or arenas,
day-care centers, or large scale commercial, industrial or institutional
uses of 50 or more persons.
(b)
Mitigation measures intended to reduce risk and minimize impact
in the event of a pipeline failure include but are not limited to
emergency procedures such as emergency plans and guides, employee
training and drills, and education programs for occupants and employees
concerning pipeline safety, such as what to be aware of and how to
respond in the event of a problem. Applicants shall consult with the
local Fire Marshal regarding the level of emergency planning and procedures
appropriate for the proposed development; the Fire Marshal may also
require submission of plans for review and approval where deemed appropriate.
C.
Land development design, buffering and screening.
(1)
Applicants shall consider existing or proposed pipelines in
their design and placement of lots, structures and roads. Specifically,
consideration shall be given to incorporating the linear appearance
of the pipeline right-of-way into the overall development design or
landscaping in a manner that works with or minimizes the linear appearance
of the pipeline right-of-way. Attempts shall be made to avoid creating
a bisecting and unnatural linear space that does not relate to the
land development.
(2)
The applicant shall provide a plan prepared by a landscape architect
licensed in Pennsylvania showing landscaping proposed to be installed
to minimize the linear appearance of the pipeline right-of-way and
screen and buffer new development from transmission pipelines in the
event of an accident or failure. Landscaping can be used both to minimize
the linear appearance of the pipeline right-of-way and buffer structures
from those remedial activities associated with pipeline failure and
clean-up.
(3)
The landscape plan shall incorporate a mix of native vegetation, including evergreens, shrubbery and trees, which shall be of sufficient density to meet the objectives outlined herein while permitting suitable points of access for pipeline personnel providing routine maintenance. Existing vegetation in proximity to transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of this section and Chapter 115.
D.
Signage. Applicants shall consult with transmission pipeline operators
to determine the need for, number of, and placement of utility identification
signs, appropriate warning signs and owner identification signs. The
number and placement of signs and their content shall be shown on
plan submissions.
