A.
All subdivision and/or land development plans to be
approved by the Board of Supervisors must comply with the standards
contained within this article. Such standards shall be considered
minimum requirements for the promotion of the public health, safety
and general welfare.
B.
These standards shall not be construed to be complete
specifications for construction. Detailed and complete specifications
shall be the responsibility of the applicant's engineer.
C.
Where literal compliance with the standards hereinafter specified is not possible, the Board of Supervisors may modify or adjust the standards to permit reasonable utilization of property, while securing substantial conformance with the objectives of these regulations, in accordance with Article XI, § 160-81.
D.
Land shall be developed only with uses permitted in
conformance with the Comprehensive Plan,[1] Chapter 210, Zoning, and other ordinances, codes and regulations in effect in the Township and with the Official Sewage Facilities Plan and other Township plans and maps.
[1]
Editor's Note: The Comprehensive Plan is on
file in the Township offices. See also the Appendixes.
E.
Land shall be developed in conformance with all pertinent
statutes, regulations, rules and codes of federal, state and county
agencies concerned with subdivision, land development, construction
and improvements or any activity arising out of or related thereto
in any way whatsoever.
F.
The design of subdivisions and land developments shall
preserve, insofar as possible, the natural terrain, natural drainage,
existing topsoil and existing trees.
G.
Land subject to hazards to life, health or property,
such as may arise from fire, floods, disease or other causes, shall
not be developed for building purposes unless such hazards have been
eliminated or unless the plan shall show adequate safeguards against
them.
H.
All portions of a tract shall be developed so that landlocked areas shall not be created unless approved by the Board of Supervisors pursuant to and in accordance with the requirements of § 160-81, Modification of site and plan requirements, of this chapter.
[Amended 5-3-1994 by Ord. No. 191]
I.
Property subject to flooding as defined by the Floodplain
Conservation District and Map and lots deemed by the Board of Supervisors
to be uninhabitable shall not be considered for residential occupancy
nor for such other uses as may increase danger to health, life or
property or aggravate the flood hazard. Such land with a subdivision
or land development shall be set aside for such uses that will not
be affected by periodic or occasional inundation or conditions which
produce unsatisfactory living conditions.
J.
Proposed subdivisions and/or land developments shall
be coordinated with existing nearby neighborhoods, within or adjacent
to the Township, so that the community as a whole may develop harmoniously.
K.
The name of any subdivision or land development shall
not be similar to or conflict with the name of any existing project
in or adjacent to the Township and shall be subject to the approval
of both the Board of Supervisors and fire company serving the Township.
L.
All planning, design, construction and maintenance
of lots and uses and structures thereon shall be in accordance with
recognized architectural, engineering and related standards. All work
performed in accordance with this chapter shall be accomplished in
a professional and workmanlike manner.
A.
Monument locations must be shown on the final plan
to define the exact location of all street rights-of-way and to enable
the reestablishment of all street right-of-way lines. Monuments shall
be placed at the following locations:
(1)
At each intersection.
(2)
At changes in direction of street lines.
(3)
At each end of every street line.
(4)
At locations where topographical conditions obstruct
sighting between two otherwise required monuments.
(5)
At other locations along the lines of streets as may
be determined to be necessary by the Township Engineer.
B.
Monument locations defining the perimeter of the tract
shall be determined by the Township Engineer.
D.
Markers required under § 160-38C shall be placed by an engineer or surveyor when final grading has been completed. Such markers shall be clearly visible and placed before the issuance of any occupancy permit. Prior to the release of escrow funds, lots and streets must have markers in place, and the same shall be noted on the as-built plan as having been set.
E.
Monuments and markers shall be placed so that the
scored and marked point shall coincide exactly with the intersection
of lines to be marked and shall be set so that the top of the monument
or marker is level with the surface of the surrounding ground. Monuments
and markers shall consist of the following:
(1)
Monuments shall be of concrete or granite, with a
minimum dimension of four inches by four inches at the top, six inches
by six inches at the bottom and 24 inches in length. Concrete monuments
shall be permanently marked on top with an indented cross or drill
hole of 1/4 inch in diameter, which shall coincide exactly with the
point of intersection of the lines being monumented.
(2)
Markers shall consist of iron pipes or steel bars
a minimum of 24 inches in length and 5/8 inch in diameter.
F.
Monuments shall be placed for all areas of land, improvements
or public easement to be offered for dedication prior to acceptance
thereof by the Township or other entity to which the same are offered.
Monuments shall be placed by an engineer or surveyor. The engineer
or surveyor shall certify, in writing, that the monuments were placed
in accordance with the as-built plan.
G.
Monuments shall be placed for all areas of common
open space and community on-lot sewage disposal owned and maintained
by a homeowners' association or similar organization.
A.
Streets shall be designed in accordance with the following
general principles and criteria:
(1)
Proposed streets shall conform to such county and
state street and highway plans as have been prepared, adopted and/or
filed as prescribed by law.
(2)
Residential streets shall be so laid out as to discourage
through traffic. However, the arrangement of streets shall provide
for continuation of existing or platted streets and for proper access
to adjoining undeveloped tracts suitable for future subdivision. Further,
provisions for emergency access and provisions for accessibility by
emergency vehicles shall be made.
(3)
The proposed street pattern and layout shall be properly
and logically related to existing streets and their functional characteristics
(refer to Appendix G for the functional classification of streets).
(4)
The proposed street pattern and layout shall be properly
and logically related to the topography of the land with regard to
grades and conditions of drainage. Grades of streets shall conform
as closely as possible to the existing grade so as to produce usable
lots and minimize cuts and fills.
(5)
The ultimate right-of-way of a street shall be shown in any subdivision and/or land development plans. Further, the Board of Supervisors may prescribe additional right-of-way requirements in accordance with § 160-39C.
(6)
The proposed street pattern shall be designed to enhance
views from the road and to create a greater variety of lot appearance
through a curvilinear alignment.
(7)
The proposed street pattern and layout shall provide
suitable access to each lot and permit safe and convenient circulation
of vehicular and pedestrian traffic.
(8)
Every lot shall have access to a public street, unless the Board of Supervisors approves otherwise pursuant to and in accordance with the requirements of § 160-81, Modification of site and plan requirements, of this chapter.
[Amended 5-3-1994 by Ord. No. 191]
(9)
Provisions shall be made for the extension and continuation
of collector streets and local primary streets into and from adjoining
areas, except when topographical or hydrological conditions shall
make the same impractical.
(10)
All streets shall be platted to the boundary
lines of the subdivision or land development if the subdivision or
land development adjoins lands which may be developed in the future,
and the same shall be provided with easements and/or rights-of-way
for turnarounds and, if required by the Board of Supervisors, improved
to the property boundary, including improved turnaround areas.
(11)
If lots resulting from subdivision are large
enough to permit resubdivision or if a portion of the tract is not
subdivided, a notification requiring adequate street rights-of-way
to permit further subdivision and whether such is available shall
be placed in the plan.
(12)
Streets that are extensions of or in alignment
with existing named streets shall bear the names of such existing
streets, new street names shall not duplicate or be phonetically similar
to existing street names in and adjacent to the Township and all street
names shall be approved by the Board of Supervisors and fire company
serving the Township.
(13)
Where streets continue into adjoining municipalities,
compatibility of design, particularly with regard to cartway widths,
shall be employed to avoid abrupt changes in the cartway width or
to other improvements within the right-of-way.
(14)
Any street not designed as a through street shall be designed to Township cul-de-sac requirements found in Subsection B hereof.
[Amended 5-3-1994 by Ord. No. 191]
(15)
Whenever a cul-de-sac or other street with a
single point of ingress and egress is proposed, the Board of Supervisors
may require that a right-of-way be shown on subdivision and/or land
development plans to allow for a future connection of such streets
to streets on an adjoining property.
(16)
The Township may require the use of double frontage
lots whenever a subdivision and/or land development abuts an arterial
or collector street. Access to such double frontage lots shall be
from the local or interior subdivision street.
(17)
Streets shall be designed so as to avoid edge deterioration through the use of curbs as required in § 160-40.
(18)
In the event that any part of a development
abuts a Township or state road that is not fully improved to the design
standards which correspond to the road classification enumerated in
the Comprehensive Plan[1] and contained in the Appendixes, said street shall be improved to meet the applicable design standard for the street in question, especially in terms of cartway and right-of-way widths and § 160-39C(21), unless approved otherwise by the Board of Supervisors.
[1]
Editor's Note: The Comprehensive Plan is on
file in the Township offices.
(19)
Where a subdivision or land development abuts
a railroad, streets crossing the rail line shall be kept to a minimum
and placed to facilitate grade separation.
(20)
Streets shall be designed for maximum safety
for fire trucks and other emergency vehicles and shall be approved
by the Board of Supervisors upon the recommendation of the Fire Marshal.
B.
Cul-de-sac streets shall be designed as follows:
(1)
Cul-de-sac streets shall not exceed 700 feet and shall
be at least 250 feet in length. If the cul-de-sac street intersects
another cul-de-sac street, the maximum total length of the sum of
the streets shall not exceed 700 feet.
[Amended 5-3-1994 by Ord. No. 191]
(2)
Culs-de-sac shall have a closed-end turnaround with
a right-of-way having a minimum outside radius of 50 feet and shall
be paved to a radius of not less than 40 feet.
(3)
When required for future extension, the turnaround
right-of-way shall be placed adjacent to the tract boundary with sufficient
width along the boundary line to permit extension of the street at
full width.
(4)
Drainage of culs-de-sac shall be directed to flow
along the curbline. Drainage shall be toward the open end of the cul-de-sac
whenever possible. Superelevated culs-de-sac shall be prohibited.
(5)
No cul-de-sac turnaround shall have a grade which
exceeds 4%.
(6)
The minimum grade for a cul-de-sac shall be 1%.
C.
In addition to the aforementioned principles and criteria set forth in § 160-39A and B, the following shall apply to all streets:
(1)
The determination of which proposed streets are to be considered as collector roads and which proposed streets are to be considered as local roads shall be made by the Township Engineer in accordance with the definitions of Article II and the traffic capacities for such streets.
(2)
Streets shall be designed according to their function
and laid out to preserve the integrity of their design. Streets shall
be classified by functions, as follows:
[Amended 5-3-1994 by Ord. No. 191]
|
Classification of Streets
|
Right-of-Way
(feet)
|
Cartway
(feet)
|
Curb/Shoulder
Improvements
| |
|---|---|---|---|---|
|
Principal arterial highway
|
120
|
*
|
*
| |
|
Collector highway
|
80
|
*
|
*
| |
|
Local access highway and collector road
|
60
|
36
|
*
| |
|
Local secondary roads
|
50
|
27
|
Vertical curb
| |
|
Other local roads and culs-de-sac
|
50
|
24
|
Vertical curb
| |
|
Private streets
|
50
|
18
|
Rolled curb
|
|
*NOTE: Per Pennsylvania Department of Transportation.
| ||||
(3)
Additional rights-of-way and cartway widths may be
required by the Board of Supervisors due to densities of dwelling
units, increased usage of existing roadways or topographical conditions.
Before during so, a special study shall be made by the Township Engineer
or other consultant to determine whether or not these additional requirements
are necessary, and the Board shall, upon conclusion of said study,
have the discretion to change these standards accordingly in order
to lessen traffic congestion; secure safety from fire, panic and other
dangers; facilitate the adequate provision for transportation and
other public requirements; and promote the general welfare.
(4)
Right-of-way widths in excess of the aforementioned
standards shall be required whenever, due to topography, additional
width is necessary to provide adequate road embankments. Such slopes
shall not be in excess of three to one in cut and fill.
(5)
There shall be a minimum center-line grade of 1% and
a maximum center-line grade of 10% on all private streets and local
roads. A maximum center-line grade of 7% is required on all local
secondary roads, local access highways, collector roads and principal
arterial highways.
[Amended 5-3-1994 by Ord. No. 191]
(6)
Maximum grade within any intersection shall not exceed
2%, and approaches to any intersection shall follow a straight course
within 100 feet of the intersection. The grade of any street at the
approach to an intersection shall have a leveling area and shall be
provided with a maximum grade of 4% within 50 feet of the nearest
right-of-way line of the intersecting street.
(7)
The slope of the crown on proposed streets shall be
more than 1/4 inch per foot and less than 1/2 inch per foot, except
on superelevated curves where the slope shall be not less than 1/4
inch per foot and shall extend from the inside to the outside edge
of the paving.
(8)
The finished road grade on all streets shall be carried
the entire width of the right-of-way. However, grading behind the
curbs or beyond the edge of the cartway may be modified, as determined
by the Township Engineer, provided that the minimum sight distances
are maintained along the vertical and horizontal curvatures of the
street, provided that no obstructions exist at intersections within
the clear sight triangle and provided that no sidewalks are required.
(9)
Maximum slopes of banks measured perpendicular to
the center line of the street shall be four feet horizontal to one
foot vertical in fill areas and four feet horizontal to one foot vertical
in cut areas and shall be planted and vegetated to prevent erosion.
(10)
Vertical curves are required for changes in
grade greater than 1%. The rate of change of grade on vertical curves
shall be no more than 4% per 125 feet of road and no more than 4%
per 100 feet for sags, provided that clear sight distance for summits
is maintained at all points along the center line. Any street classified
higher than a local road shall be designed to PennDOT standards relative
to vertical curves.
(11)
Changes in street direction shall be made by
horizontal curves with a minimum center line radius of 500 feet for
principal arterial and collector highways, 300 feet for local access
highways and collector roads and 150 feet for local secondary and
cul-de-sac streets. Tangents of at least 100 feet shall be required
between reverse curves and shall be measured at the center line. The
foregoing minimum radii shall apply in all cases where the street
deflects 10° or more. Variations in radii may be permitted when
topographic or other conditions so require.
(12)
A minimum curb or paving radius of 35 feet and
minimum radius of 25 feet for right-of-way lines shall be provided
at all local street intersections, and minimum radii of 50 feet and
40 feet, respectively, as above shall be provided on all other street
intersections.
(13)
Any person who proposes access to the right-of-way
of a state highway is required to obtain a highway occupancy permit
from the Pennsylvania Department of Transportation. Prior to the issuance
of a permit, the Township shall review the application and forward
its comments to PennDOT.
(14)
Proper sight distance shall be provided with respect to both horizontal and vertical alignment. A clear sight distance, as defined in Article II, shall be provided along the center line of streets as follows:
[Amended 5-3-1994 by Ord. No. 191]
|
Required Sight Distance in Feet
(Grade of Road)
| |||||
|---|---|---|---|---|---|
|
Posted Speed
(miles per hour)
|
-10% to -5%
|
-5% to 0%
|
0%
|
0% to 5%
|
+5% to 10%
|
|
25
|
175
|
160
|
150
|
145
|
140
|
|
30
|
230
|
210
|
195
|
185
|
175
|
|
35
|
305
|
275
|
250
|
235
|
225
|
|
40
|
390
|
345
|
315
|
290
|
275
|
|
45
|
485
|
425
|
385
|
355
|
330
|
|
50
|
600
|
515
|
460
|
420
|
390
|
|
55
|
705
|
605
|
540
|
490
|
455
|
|
NOTE: Reference: 1990 AASHTO Policy
on Geometric Design of Highways and Streets.
| ||||||
(15)
Proper sight lines shall be maintained at all
street intersections where there shall be a clear sight triangle of
75 feet, measured along the center lines from the point of intersection.
The triangular shaped portion of land forming the clear sight triangle
shall not have anything erected, placed, planted or allowed to grow
in such a manner as to limit or obstruct the sight distance of motorists
entering or leaving the intersection, except for utility poles, light
standards, street signs and fire hydrants.
(16)
Right angle intersections shall be used whenever
practical, and no intersection angle, measured at the center line,
shall be less than 60°.
(17)
No more than two streets shall cross at the
same point.
(18)
Proposed intersections along one side of an
existing street shall coincide with any existing intersections on
the opposite side of such street or offset by at least 200 feet from
center line to center line.
(19)
If possible, intersections along principal arterial
and collector highways and local access highways and collector roads
shall be a minimum of 800 feet apart.
(20)
Where a subdivision or land development borders an existing street or intersection which is determined to be in need of improvement based on the traffic/transportation analysis conducted in accordance to the traffic control standards of Chapter 210, Zoning, said street or intersection shall be improved to the full extent as required in § 160-39C(2), with the following considerations:
(a)
This requirement shall apply only to Township
roads and those sides of intersections which pertain to Township roads,
unless the state concurs with the improvements and imposes certain
requirements along roads which they own and maintain.
(b)
Should the tract border an undersized road or
intersection on only one side, then the improvements shall take place
only on the side of the road or intersection which is tangent to the
tract.
(c)
All improvements to be made to said roads and
intersections shall be determined by the Township Engineer or Traffic
Engineer employed by the Township.
(d)
Land associated with the rights-of-way for undersized
roads and intersections shall be delineated, depicted and otherwise
noted on all subdivision and/or land development plans for the subject
tract and shall be offered for dedication with the improvements associated
therewith.
(21)
When a subdivision or land development fronts
on an existing street having a right-of-way less than the minimum
width required in this chapter, an ultimate right-of-way line shall
be established and dedicated with the following considerations:
(a)
The distance of the ultimate right-of-way line
from the center line of the existing right-of-way shall be 1/2 the
width of the required minimum right-of-way.
(b)
The ultimate right-of-way shall be delineated,
depicted and otherwise noted on all subdivision and land development
plans and shall be offered for dedication with the improvements associated
therewith.
(22)
Acceleration and deceleration lanes shall be
provided to aid in ingress and egress relative to principal arterial
and collector highways, and local access highways and collector roads,
with the following considerations:
(a)
Where a subdivision or land development borders
a state road, the landowner or developer shall confer with the Pennsylvania
Department of Transportation (PennDOT) regarding specific design standards
for such lanes.
(b)
Where a subdivision or land development borders
a Township road, the landowner or developer shall confer with the
Township Engineer or Traffic Engineer employed by the Township regarding
specific design standards for such lanes.
(23)
Street signs and numbers.
(a)
Street signs similar to those which exist in
the vicinity of the property shall be provided and erected by the
developer at the onset of road construction. Said street signs and
posts of standard size and approved by the Board of Supervisors shall
be set four feet back from the cartway.
[Amended 5-3-1994 as Ord. No. 191]
(b)
Stop signs on all roads to be dedicated to the
Township and all private streets will be required as directed by the
Township Public Works Foreman and approved by the Board of Supervisors.
Said stop signs shall be erected at the same time as the road base
is applied.
(c)
House numbers (E911 numbers) will be assigned
to each proposed lot in conjunction with the newly created street
name. This system shall be used for public and private streets alike.
(24)
No dwelling or other principal permitted building
which depends upon the improvement of any street for ingress and egress
shall be permitted to be occupied until all improvements are fully
completed from an existing street to and across the front of the lot
on which the building is located and/or to a sufficient depth along
the side of the lot to service any driveways and parking spaces as
required by this chapter.
(25)
No street shall be paved between December 1
and March 15 without written permission of the Board of Supervisors.
(26)
Adequate drainage shall be provided for low
points along streets and where required to intercept runoff.
(27)
When requested by the Township, streetlighting
shall be in accordance with a plan approved by the Board of Supervisors
and shall be installed prior to dedication of streets. A copy of the
proposed final plan shall be submitted by the applicant to the electric
company for the preparation of said streetlighting plan.
(28)
Streets constructed to serve five or fewer residential
lots will not be accepted for dedication by the Township. Streets
within land developments will be accepted at the discretion of the
Board of Supervisors.
D.
Existing streets. Along existing streets which adjoin
proposed subdivisions and/or land developments, the Township may require
additional cartway, right-of-way, shoulder or other paving to create
stable and/or safe conditions, as determined by the Board of Supervisors,
upon recommendation by the Township Engineer or Traffic Engineer employed
by the Township.
E.
Private streets.
[Amended 9-3-1991 by Ord. No. 182; 5-3-1994 by Ord. No.
191]
(1)
Private residential streets are permitted only if
they serve as access to no more than five lots. A maximum of three
interior lots may access the private street. All lots which abut a
private street shall use the private street for access exclusively.
Access for a maximum of five lots remains in effect regardless of
whether or not the lots are large enough to be further subdivided.
Private residential streets shall be designed to meet the following
standards:
(a)
A fifty-foot right-of-way shall be provided.
(b)
An eighteen-foot cartway shall be provided.
No on-street parking will be allowed.
(2)
Private streets shall be indicated as such on the record plan and shall be subject to contract and guaranty requirements outlined in Article X. The private street shall be owned and maintained by a homeowners' association comprised of the lot owners or pursuant to alternate arrangements approved by the Township such as a recorded maintenance/easement agreement.
F.
Construction of streets, including private streets.
[Amended 5-3-1994 by Ord. No. 191]
(1)
All materials used in the construction of streets
and the methods of construction and drainage thereof shall be in accordance
with the most current requirements of the Pennsylvania Department
of Transportation Form 408 Specifications. This shall include but
not be limited to the following sections of the Form 408 Specifications:
(2)
All streets shall be constructed in accordance with
any other standards required by the Township Engineer.
(3)
All streets maintained by the state shall conform
to the PennDOT design standards.
(4)
Underground utilities shall be installed before the
streets are constructed.
(5)
All utility companies shall be notified of street
openings in accordance with the Act of December 10, 1974, P.L. 852,
No. 287, as amended, 73 P.S. § 176 et seq.
A.
The Board of Supervisors may approve concrete curbs
for Township streets in lieu of granite curbs at street intersections
where the curb radius is 40 feet or less. At driveways, a depressed
curb may be constructed of concrete according to the Township specifications.
B.
Concrete curbs, constructed along state roads shall
be in accordance with PennDOT's Form 408 Specifications, Section 630.
C.
The dimensions of the curbs, unless specified otherwise
by the Township Engineer, shall be as follows:
(1)
Vertical curbing shall be poured in place, shall be
Class A Cement Concrete, 18 inches in depth and shall be in accordance
with those requirements set forth in the latest edition of the Pennsylvania
Department of Transportation Specifications, Form 408, Section 630.
The exposed face of the curb shall be seven inches high on all Township
roads and six inches high in all parking areas. After completion of
the bituminous paving, Class BM-1 or AC-20 asphalt shall be applied
to paving and Class BM-1 asphalt shall be applied to the joint between
the curb and the bituminous paving for a distance of one foot from
the curb towards the center of the road to effectively seal the joint
between the curbing and the bituminous paving. All dimensions, except
those as noted above, shall be as shown on Drawing RC-64 of the Pennsylvania
Department of Transportation Standards for Roadway Construction, 1987
Edition, and amendments thereto related to the detail entitled "Plain
Cement Concrete Curb."
D.
Catch basins shall be installed along roadways in
accordance with PennDOT's Form 408 Specifications.
[Amended 5-3-1994 by Ord. No. 191]
A.
Individual driveways shall be provided to furnish access on any lot, unless shared driveways are utilized in accordance with Subsection J.
B.
Driveways serving more than two single-family dwellings
shall be prohibited. A driveway shall lie in a strip of land as part
of the lot it serves. For one lot, the driveway shall not be less
than 10 feet wide in cartway and 16 feet in right-of-way. For two
lots, the driveway shall be not less than 16 feet wide in cartway
and 25 feet in right-of-way.
C.
The width of a driveway in a nonresidential district
shall be 11 feet in cartway and 18 feet in right-of-way for individual
driveways and 22 feet in cartway and 30 feet in right-of-way for shared
driveways. Such driveways shall have a radius at the curbline so that
the driveway width shall be a minimum of 14 feet in cartway for individual
driveways and a minimum of 25 feet in cartway for shared driveways.
D.
A minimum grade of 1% shall be provided on all driveways.
A maximum grade of any driveway within the right-of-way of any street
shall be 4%. Within the property line, exclusive of the right-of-way,
the maximum grade of a driveway shall be not greater than 15% percent.
Grades adjacent to garages shall not exceed 7%.
E.
Nonresidential entrance and exit driveways crossing
the right-of-way of a street shall be limited to two per lot along
the frontage of any single street, and their center lines shall be
spaced at least 100 feet apart. On all corner properties, there shall
be a minimum spacing of 100 feet, measured at the curbline, between
the center line of any entrance or exit drive and the nearest curbline
of the street parallel to said access drive.
F.
The center line of all residential driveways shall
be located not less than 40 feet from the nearest curbline of the
street parallel to said access drive.
G.
All driveways shall be paved with a hard surface material,
approved by the Township Engineer, from the edge of the street cartway
to a point in the lot 30 feet from the edge of the cartway. The remainder
of the cartway shall be surfaced with erosion-resistant materials
approved by the Township Engineer. Nonsurfaced dirt driveways are
prohibited.
H.
A clear sight distance, as defined in Article II, shall be provided in accordance with § 160-39C(14).
I.
No private driveway shall have access to a principal
arterial highway if access onto another street is possible.
J.
Shared driveways shall be designed to serve no more than two dwellings or other principal buildings. A shared driveway must be located on a single lot and the right of passage by easement shall be provided to the other lot. Unless approved otherwise by the Board of Supervisors, a shared driveway will be located on land belonging to the lot which has its dwelling unit located farthest from the street. Any approvals by the Board of Supervisors shall be pursuant to and in accordance with § 160-81, Modification of site and plan requirements, of this chapter.
K.
Access and maintenance easements and/or agreements
must be provided for the shared portion of any shared driveway and
recorded with the plan.
L.
For new or improved driveways accessing a Township
road, a Township driveway permit is required. All pertinent provisions
of this section shall apply. Said permit will be applied for and issued
prior to accepting an application for a building permit for either
new construction or substantial additions to existing structures.
Upon the filing of an application for a Township driveway permit,
the landowner or developer shall pay, to the use of the Township,
such fee as the Board of Supervisors shall from time to time provide
by resolution.
A.
Sidewalks shall be constructed along all streets as
follows:
|
Classification
of Street
|
R-1, R-2 R-2D and R-3 Districts
|
R-A, R-AH, R-MHD, R-PRD, R-4 and All Nonresidential
Zoning Districts1
|
|---|---|---|
|
Local
|
Not required
|
Required one side
|
|
Collector
|
Not required
|
Required both sides
|
|
Arterial
|
As required by the Pennsylvania Department of
Transportation
|
|
NOTES:
1[Amended 12-15-1998
by Ord. No. 235]
|
(1)
Sidewalks shall be located to avoid pedestrian-vehicular
conflict and promote safe pedestrian movement. The location of required
sidewalks shall be approved by the Township.
(2)
The minimum width of all sidewalks shall be four feet.
(3)
Sidewalks shall be located within a public right-of-way,
a public easement or a common area.
(4)
Curb cuts for handicapped access shall be provided
at street crossings, nonresidential or nonagricultural driveway crossings
and in other locations as required by the Board of Supervisors.
(5)
Depressed curbs shall be placed where sidewalks cross
residential driveways.
(6)
Sidewalks and pedestrian paths shall be pitched laterally
at a slope of not less than 1/4 inch per foot to provide for adequate
surface drainage.
(7)
Sidewalks and pedestrian paths shall not exceed the
allowable street grade.
(8)
Sidewalks shall be constructed of concrete, and pedestrian
paths shall be of a hard surface composition if heavy pedestrian or
bicycle traffic will be served. A footpath with low volume use may
be built with gravel, wood chips or other material as approved by
the Township.
(9)
Sidewalks adjacent to angle parking areas shall be
set back a minimum of five feet to prevent car overhang from restricting
pedestrian movement along the sidewalk.
(10)
When proposed sidewalks adjoin existing sidewalks
which are wider than four feet, a tapered transition shall be constructed.
(11)
A grass planting strip of at least two feet
in width shall be provided between the curb and the sidewalk. The
planting strip shall be adequately graded and sodded to provide for
proper stormwater runoff.
(12)
Pedestrian paths shall be constructed in all
cluster development subdivisions and planned residential development
projects and shall be a minimum of four feet in width. Such paths
shall be paved and shall be provided with adequate drainage beneath
the path in low areas.
(13)
The location of all proposed pedestrian paths
shall be reviewed and approved by the Board of Supervisors upon recommendation
of the Planning Commission.
B.
Crosswalks shall be created as follows:
[Amended 5-3-1994 by Ord. No. 191]
A.
Insofar as practical, side lot lines shall be at right
angles to straight street lines and radial to curved street lines
and cul-de-sac turnarounds.
B.
Where feasible, lot lines shall follow municipal boundaries,
rather than cross them, in order to avoid jurisdictional problems.
C.
No lots below the minimum lot area, as required in Chapter 210, Zoning, shall be permitted for any use including any principal permitted use or any community on-lot sewage disposal system.
D.
Every lot shall have access to a street.
E.
In general, the depths of lots should not be less
than one nor more than three times their width.
F.
Odd-shaped lots.
(1)
Odd-shaped lots shall not be created. The preliminary
determination of when a lot is odd-shaped shall be made by the Planning
Commission and shall be based in part on whether or not there is any
other practical way to design the lot.
(2)
When presented with a lot design that appears to be
odd-shaped, the Planning Commission will communicate its opinion to
the applicant and may recommend revision of the lot layout to the
Board of Supervisors.
(3)
Examples of odd-shaped lots are those which are extremely
narrow, extremely angular, or contain an unusual number of abrupt
changes in direction.
G.
Lot lines shall not cross any surface water body,
such as a lake or pond. To the extent possible, lot lines shall run
parallel to or in the center of watercourses.
H.
Interior lots.
[Amended 1-12-1999 by Ord. No. 234]
(2)
This design is limited to a maximum of three interior
lots on any private streets.
(3)
A minimum of 60 feet of frontage on the private street
is required for all interior lots; provided, however, that a minimum
of 40 feet of frontage on a private street is required for all interior
lots located in an adult residential community mobile home development;
and provided further the minimum of 40 feet of frontage may be reduced
to a minimum of 25 feet of frontage on a private street along curves
and/or culs-de-sac.
(4)
Private streets (which serve as the only means of
access for interior lots) are prohibited on any public cul-de-sac
road.
(5)
Interior lot design is limited to use in residential
zones only.
(6)
Under no circumstances shall the developer be permitted
to use private streets and interior lot design to avoid constructing
or extending public streets.
I.
Rear lots.
(2)
This design is restricted to use on parcels of five
acres or fewer.
(3)
This design is restricted to use in residential zones
only.
(4)
Only one lot using this design may be created on each
parcel.
(5)
The lot area which provides for accessway shall be
a minimum of 16 feet in width at the curbline and along its entire
length.
(6)
No rear lots shall be created to access a principal
arterial highway.
(7)
No more than two lots in depths (i.e., one tier of
rear lots) shall be created along a new or existing street. Access
to any other lots shall be directly from a new street.
(8)
Rear lots, regardless of lot area, must be deed restricted
against further subdivision.
(9)
Buffer landscaping may be required along both sides
of the accessway and along the front property line.
(10)
On a cul-de-sac street, no more than four lots
may have frontage on the circumference of the turnaround or its reverse
radius. Rear lots are prohibited on the turnaround of a cul-de-sac
or its reverse radius.
[Amended 5-3-1994 by Ord. No. 191; 12-15-1998 by Ord. No.
230; 6-8-2004 by Ord. No. 279]
A.
All parking areas and parking lots shall be in accordance with the requirements of Article XXII, Off-Street Parking and Loading Requirements, as set forth in Chapter 210, Zoning, and the following:
(1)
The accepted parking stall size and configuration
must conform to Figures No. 1 and No. 2[1] except the stall size for those spaces designated for
handicapped use, for which the net interior line area shall be as
required by the Americans with Disabilities Act (ADA) of 1990, P.L.
101-336, as it may be amended from time to time, which spaces shall
be located as close as possible to the entrance of the building.
[1]
Editor's Note: Said Figures 1 and 2, Typical
Parking Space Dimensions, are included at the end of this chapter.
(2)
The minimum dimensions of stalls and aisles shall
be as follows:
(a)
Stall width measured from the center of the
double side stripes shall be at least nine feet, except that all handicapped
stalls shall meet the minimum requirements established by the Americans
with Disabilities Act (ADA).
(b)
Stall depth shall be at least 18 feet, with
said dimensions measured on the angle for all angle parking, and 22
feet for parallel parking.
(c)
Minimum width of aisles providing access to
stalls for one-way traffic only, varying with the angle of the parking,
shall be:
|
Angle of Parking
|
Minimum Aisle Width
| |
|---|---|---|
|
Parallel
|
12
| |
|
30°
|
12
| |
|
45°
|
14
| |
|
60°
|
18
| |
|
90°
|
20
|
(d)
Minimum width of aisles providing access to
stalls for two-way traffic shall be 25 feet.
(4)
All parking shall be paved in accordance with PennDOT
408, Specifications. Conventional parking lots for cars shall be paved
with minimum of three inches asphalt on a six-inch stone base course,
or equivalent pavement section approved by the Township Engineer.
For parking lots with truck traffic and industrial uses, a paving
design shall be prepared and submitted by the applicant for review
and approval by the Township.
B.
In addition to the foregoing requirements, the following
shall also apply to sewage supply.
(1)
In accordance with the Official Sewage Facilities
Plan, dwellings and/or lots within a subdivision or land development
shall be connected with a public sanitary sewer system where accessible
and available. Where such sewer system is not yet accessible and available
but is planned for extension to the tract, the landowner or developer
shall install sewer lines and other facilities, including lateral
connections, force mains, pumping stations and all other appurtenances
to provide adequate service to each lot when connection with said
sewer system is made. Sewer lines shall be suitably capped at the
limits of the subdivision or land development, and the laterals shall
be capped at the street right-of-way. When capped sewers are so provided,
on-site sewage disposal facilities shall also be installed, provided
that they are so located as to permit the easiest and least expensive
connection to use the public sanitary sewer system when such connection
becomes available.
[Amended 5-3-1994 by Ord. No. 191]
(2)
Prior to the approval of any subdivision and/or land
development involving a public sanitary sewer (either live or capped),
sewage pumping stations, sewage treatment plants and community sewage
disposal systems, a properly detailed construction plan shall be submitted
to the Township and Township Sewer Authority for review and approval.
The detail of the plan shall be determined by the Township Engineer.
(3)
A sewer shall be considered to be planned for extension
to a given area any time after preliminary engineering and related
studies have been initiated preparatory to the construction of facilities
adequate to serve the area containing a subdivision or land development
or when the area is shown to be in a proposed sewer service area in
the Official Sewage Facilities Plan.
(4)
All sanitary sewer lines, lateral connections and
manholes and other facilities shall be constructed and installed and
shall provide service to each lot in conformity with standards of
the Township Sewer Authority at the cost and expense of the landowner
or developer.
(5)
When such sanitary sewer facilities are installed in accordance with this section, the same shall be inspected by the Township Engineer during such construction at the cost and expense of the landowner or developer, in accordance with the standards and procedures established for inspection in Article XII.
(6)
When such sanitary sewer facilities are not to be constructed or otherwise installed, on-lot, community on-lot and on-site sewage disposal systems shall be constructed in accordance with statutes and regulations of the Pennsylvania Department of Environmental Protection and the Township and as approved by the Sewage Enforcement Officer. The ownership and maintenance of such system shall be subject to the approval of the Board of Supervisors. When on-lot sewage disposal systems are to be utilized, the landowner or developer shall furnish evidence of the feasibility and satisfactory operation of the system to be utilized in the subdivision or land development as required in Articles V and VI.
(7)
Where community on-lot sewage disposal systems are proposed, such a system shall be no closer than 200 feet to any adjacent property lines. Where such a system requires a building or structure to be located above ground, the building or structure shall be completely screened from the view of any adjacent properties according to the screening provisions of Article XXI of Chapter 210, Zoning.
(9)
Where on-site sanitary sewage facilities are to be
utilized, each lot so served shall be of a size and shape to accommodate
the necessary length of tile fields at a safe distance from and at
a lower elevation than the proposed well and building(s) to facilitate
gravity flow in accordance with Township and state regulations and
shall be so plotted.
(10)
If on-site sanitary sewage disposal facilities
are to be utilized, the Township Planning Commission may require that
the developer submit a feasibility report. Such report shall compare
the cost of providing on-site facilities with a sewage treatment plant.
Based on the analysis of this report, the Township may require the
installation of a public sanitary sewer system or capped sewer.
(11)
Whenever a developer proposes that individual
on-site sanitary sewage disposal systems shall be utilized within
the subdivision, the developer shall either install such a facility
approved by the Sewage Enforcement Officer or shall guarantee (by
deed restriction or otherwise), as a condition of the sale of each
lot or parcel within the subdivision, that such facilities can be
installed by the purchaser of such lot or parcel. The on-site system
shall be located on the lot it is intended to serve.
(12)
Soil percolation test requirement.
(a)
Soil percolation tests shall be performed for
all lots within subdivisions and/or land developments of fewer than
10 lots, prior to final plan approval, wherein buildings, at the time
of construction, will not be connected to a public or community sanitary
sewage disposal system in operation. In lieu of soil percolation tests
for individual lots in subdivisions and/or land developments greater
than 10 lots, soil percolation tests shall be performed on a cross
section of soil types to determine their suitability for on-site sewage
disposal. Deep-hole test pits are recommended as a further means of
guaranteeing suitability of a site.
(b)
Soil percolation tests shall be made in accordance
with the procedure required by the Pennsylvania Department of Environmental
Protection, by either a registered professional engineer or registered
sanitarian and/or the Pennsylvania Sewage Facilities Act Sewage Enforcement
Officer.[1]
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
(c)
Soil percolation tests shall be performed on
each lot within the site of the proposed on-site sanitary sewage disposal
facilities.
[Amended 5-3-1994 by Ord. No. 191]
(d)
The results of the soil percolation tests shall
be analyzed in relation to the physical characteristics of 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.
(e)
Where applicable, the plan should note that
"lot ______ has failed to obtain acceptable percolation." The lot
shall not be developed without a sewage disposal system approved by
the Township and its Sewage Enforcement Officer and a sewage disposal
permit issued. A building permit shall not be applied for or acted
upon until proof of the sewage disposal permit is provided to the
Building Inspector.
A.
Adequate and potable water supply system(s) shall
be installed consistent with design principles and requirements contained
in this chapter and Township standards, which are the United Sates
public health criteria for drinking water as administered by the existing
Environmental Protection Agency Safe Drinking Water Act.[1]
[1]
Editor's Note: See 35 P.S. § 721.1
et seq.
B.
All subdivisions which create 10 or more lots shall
be provided with a complete public or community water distribution
system. Land developments shall be subject to the same standard unless
a water distribution system is not readily available. The design and
installation of such public system shall be subject to the approval
of the Township, and the design and installation of such community
distribution system shall be subject to the approval of the Pennsylvania
Department of Environmental Protection, and such system shall be further
subject to satisfactory provision for the maintenance thereof. Where
a permit is required by said Department, it shall be presented as
evidence of such review and approval in the case of private or public
systems before construction commences.
C.
Wherever a public or community water system is provided,
fire hydrants or acceptable alternatives shall be installed for fire
protection, as approved by the local fire company and Township Engineer.
Where fire hydrants are installed, they shall meet the specifications
of the Insurance Services Office of Pennsylvania. Location of hydrants
shall be approved by the Township.
(1)
Generally, all fire hydrants will be located on a
minimum looped six-inch line. Where a dead-end line is required to
contain a fire hydrant, the portion of the line between the main loop
and the hydrant shall be an eight-inch minimum diameter.
(2)
Fire hydrants shall be spaced in a development so
that all proposed buildings will be no more than 600 feet from the
hydrant measured along traveled ways.
(3)
All community water systems must provide a minimum
of 500 gallons per minute at a residual pressure of 20 pounds per
square inch for a two-hour period.
(4)
For additional fire protection, a dry hydrant may
be required and incorporated into existing or proposed ponds or reservoirs
and an access easement provided for emergency use.
D.
Wherever a public or community water system is provided,
applicants shall present evidence to the Board of Supervisors that
the subdivision or land development is to be supplied by a certificated
public utility, a bona fide cooperative association of lot owners
or a municipal 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.
E.
Where the developer proposes that individual on-site
water supply systems shall be utilized within the subdivision, the
developer shall either install such facilities or shall guarantee
(by deed restriction or otherwise), as a condition of the sale of
each lot or parcel within the subdivision, that the facilities can
be installed by the purchaser of such lot or parcel. Individual on-site
wells shall be subject to the standards provided for within.
F.
Minimum water supply requirements. In all subdivisions
and land developments served by public water, the following water
pressure and gallonage requirements shall apply:
(1)
Residential use.
(a)
A minimum domestic pressure of 30 pounds per
square inch shall be provided at each house to be connected to the
water main. The system to which the residential unit is connected
shall have sufficient capacity to supply a minimum of 300 gallons
of water per residential unit per day within the subdivision or land
development.
(b)
For purposes of fire protection in residential
districts, the system shall be demonstrably capable of providing fire
flow-water requirements, for a minimum duration of two hours, of not
less than 500 gallons per minute at a residual pressure of 20 pounds
per square inch or more as required for International Standards Organization
(ISO) certification.
(2)
Commercial or industrial use.
(a)
A minimum pressure of 30 pounds per square inch
shall be provided at each commercial or industrial building connected
to the water supply main. When a builder wishes to connect to a public
water system, a study will be made to determine if there is adequate
water to supply the building and use.
(b)
For purposes of fire protection in commercial
and industrial districts, 1,000 gallons per minute at 20 pounds per
square inch residual pressure is required or the requirements for
ISO certification shall be met.
G.
Approvals conditioned upon adequacy of public water
supply. No subdivision or land development application proposing a
public water supply system shall be granted preliminary or final plan
approval unless the applicant demonstrates, by a fair preponderance
of the credible evidence, full compliance with the provisions of this
section.
H.
Construction standards.
(1)
Water mains shall be constructed of the cement-lined,
ductile iron, minimum Class 52 pipe, or as approved by the Township
Engineer. No extension of water mains shall be permitted for a pipe
having a diameter of less than six inches.
(2)
All pipe shall have a minimum cover of three feet
six inches from grade to the crown of pipe.
(3)
Generally, water mains shall be so designed as to
form a loop system to enhance the continual supply of fresh water.
When dead ends occur on new mains, they shall all be closed with cast
iron plugs and caps, a blowoff valve, a concrete anchor or a fire
hydrant.
(4)
Mains shall be drained through drainage branches or
blowoffs to dry wells from which the water can be pumped. Drainage
branches, blowoffs, air vents and appurtenances shall be provided
with valves.
(5)
Blowoffs shall not be connected to any sewer or submerged
in any manner that will permit back siphonage in the distribution
system. All blowoffs should be located out of paving.
(6)
Valves in water mains shall, where possible, be located
on the street property lines extended. A cast iron valve box or a
masonry pit shall be provided for every valve which has no gearing
or mechanism or for which the gearing or operating mechanism is fully
protected with a cast iron grease case. A masonry valve pit shall
be provided for every valve which has exposed gearing or operating
mechanisms.
(7)
Manholes shall be constructed of brick or concrete,
with cast iron frames and covers, or as approved by the Township Engineer.
(8)
Fire hydrants shall be provided as an integral part
of any public water system. They shall be located no farther than
600 feet apart, as measured along traveled ways. Each hydrant shall
be connected to the main with a minimum of six-inch ductile iron branch
controlled by a minimum of an independent six-inch gate valve.
(9)
Hydrants shall be located in a manner to provide complete
accessibility and so that the possibility of damage from vehicles
or injury to pedestrians will be minimized. When placed behind the
curb, the hydrant barrel shall be set so that no portion of the pumper
or nozzle cap will be less than 24 inches from the gutter face of
the curb. When set in the lawn space between the curb and the property
line, no portion of the hydrant or nozzle cap shall be within six
inches of the sidewalk.
(10)
All hydrant connections shall be reviewed by
the fire company having jurisdiction with a favorable recommendation
by the Chief of said fire company being required.
I.
It is recommended that two sources of groundwater
be provided for each community water system due to the usual density
and demand served by such systems. Each should be capable of supplying
the average daily demand of the proposed dwelling units. Although
a two-well system is ideal, there are alternatives, as follow, which
would ensure an adequate water supply:
(1)
A single well capable of providing twice the daily
average demand, as demonstrated by a pumping test of at least 48 hours
duration, producing a stabilized drawdown of unchanging water level
for at least five hours' duration.
(2)
A single well capable of supplying the average daily
demand with an additional reliable surface water source.
(3)
A single well capable of supplying the average daily
demand, plus a dependable connection to another satisfactory public
water supply system.
(4)
A second well is recommended for use as a monitor
of the aquifer and as a standby in the event of an emergency.
All stormwater management practices shall be in accordance with the applicable sections of Chapter 148, Stormwater Management (refer to the Appendixes).
All soil erosion and sedimentation control practices shall be in accordance with the applicable sections of Chapter 148, Stormwater Management (refer to the Appendixes).
[Amended 12-22-2015 by Ord. No. 371]
All uses and activities established after the effective date of this chapter shall comply with these standards, except for a minor subdivision involving three or fewer residential dwelling units. Site alterations, regrading, filling or clearing of vegetation prior to the approval of plans for subdivision or land development shall be a violation of this chapter. In addition to the standards set forth in § 160-50 and § 160-81B, the following shall apply:
A.
Consideration shall be shown for all natural features, such as notable
trees, heritage trees, watercourses, wetlands, rock outcroppings and
similar community assets which, if preserved, will add attractiveness
and value to the remainder of the subdivision or land development.
No property may be altered in a way that will reduce the aggregate
acreage required to be protected under this section. If any area is
subject to restriction with respect to two or more resources under
this section, the more restrictive regulation shall control.
B.
Tree masses, notable trees, and heritage trees shall be preserved
to the maximum extent possible, and in no event shall more than 20%
of a tree mass be graded, cleared or built upon, except for approved
agricultural, historical, and/or recreational uses. All structures
should be located in such a manner as to minimize damage to vegetation.
Existing open areas should be developed instead of wooded areas. Areas
in which trees are retained should remain undisturbed out to the canopy
drip line and at the original grade level to the maximum extent possible.
"Notable trees" are trees located outside of a tree mass having a
twenty-four-inch DBH or greater.
C.
No more than 20% of the notable trees and heritage trees on any property
shall be removed, and notable trees and heritage trees shall not be
removed unless they are located within the proposed cartway or sidewalk
portion of a street right-of-way, within 15 feet of the foundation
area of a new building, within a utility easement, within a proposed
parking area or within an area where regrading necessary to achieve
land development may endanger the trees. The Board of Supervisors
may require the landowner or developer to plant one tree of not less
than three inches in caliper for each tree of 12 inches DBH or more
to be removed, and two trees of not less than three inches in caliper
for each tree of 24 inches DBH or more to be removed.
D.
Where a proposed subdivision or land development necessitates the clearing of notable trees, heritage trees, or portions of tree masses within the limits permitted by § 160-49B and C, landowners or developers shall be guided by the following criteria in selecting trees for clearing:
(1)
The existence of disease, rot, dieback or other damage to the tree;
(2)
Susceptibility of the tree to insect and disease attack;
(3)
Species longevity;
(4)
Wind-throw potential and characteristic of the soil to hold trees;
and
(5)
Protection of buildings (e.g., dead and large limbs hanging over
a building should be removed).
E.
Landowners or developers shall exercise care to protect trees from damage during construction in accordance with § 160-50B(2). Tree removal shall be limited to the actual construction site necessary to build and move construction equipment.
F.
Streams, watercourses, wetlands, wetland margins and ponds.
(1)
Such areas shall not be altered, regraded, developed, filled, piped,
diverted or built upon except:
(a)
Roads may cross streams, watercourses, and wetlands or wetland
margins where design approval is obtained from the Township, the Pennsylvania
Department of Environmental Protection and/or other applicable agency
and where no other reasonable access is available.
(b)
Stormwater management facilities and fire ponds may be placed in conjunction with a pond in accordance with this chapter and Chapter 210, Zoning, when approved by the Township.
(c)
"Wetland margins." For wetlands of 5,000 square feet or larger
located upon a site, a wetland margin shall be provided. The wetlands
margin shall extend from the wetlands to the limit of hydric soils
or 75 feet, whichever is greater.
(2)
In the event that a wetlands delineation, validated by the United States Army Corps of Engineers, is shown to vary from the wetlands boundary derived from the definition in Article II of this chapter, the Corps' delineation will govern. The wetlands margin will then be measured from the Corps' delineated boundary.
(3)
Wetlands margins shall not be altered, regraded, filled or built
upon.
(4)
Federal and state wetlands regulations. Whenever activities or improvements
would entail the regrading or placement of fill in wetlands, the applicant
shall provide the Township with proof that the Pennsylvania Department
of Environmental Protection (Bureau of Dams and Waterway Management)
and the United States Army Corps of Engineers have been contacted
to determine the applicability of state and federal wetland regulations
for areas identified as wetlands on the National Wetland Inventory
(NWI) Maps, United States Fish and Wildlife Service; which meet the
agencies' definitions of wetlands; or which are in accordance
with the Unified Federal Method.
(5)
Land subject to flooding.
(a)
Land subject to flooding or other hazards to life, health or
property and land deemed to be topographically unsuitable shall not
be platted for residential occupancy or for such other uses as may
increase danger to health, life or property or aggravate soil erosion
or flood hazard until all such hazards have been eliminated or unless
adequate safeguards against such hazards are provided by the subdivision
or land development plans.
(b)
Such land within the subdivision or land development shall be
set aside on the plat for uses as shall not be endangered by periodic
or occasional inundation or shall not produce unsatisfactory living
conditions.
(6)
Streams. Riparian buffers, extending at least 35 feet outward from
the top-of-bank of a watercourse, shall be established on each side
of each stream. These buffers shall not be altered, removed, regraded,
filled, piped, or built upon, except that roads may cross a riparian
buffer where design approval is obtained from the Township and any
other applicable governmental agency and where no other reasonable
access is available.
G.
Steep and very steep slopes.
(1)
The intent of these regulations is as follows:
(a)
To conserve and protect steep and very steep slopes from inappropriate
development, such as excessive grading, landform alteration and extensive
vegetation removal.
(b)
To avoid potential hazards to property and the disruption of
ecological balance which may be caused by increased runoff, flooding,
soil erosion and sedimentation, blasting and ripping of rock and landslide
and soil failure.
(c)
To encourage the use of steep and very steep slopes for conservation
and other uses which are compatible with the preservation of natural
resources and protection of areas of environmental concern.
(2)
The following uses are permitted in a Natural Features Protection
Area within areas of very steep slope and steep slope:
(a)
In areas of very steep slope, provided that they are also in
compliance with all other provisions of this Code:
[1]
Parks and outdoor recreational uses.
[2]
Logging and woodcutting approved by the Board of Supervisors.
[3]
Grading for the minimum portion of a driveway necessary to access
a single-family dwelling when it can be demonstrated that no other
alignment which avoids very steep slopes is feasible.
[4]
Yard areas of any permitted building so long as such building
is itself not within the very steep slope area, unless permitted as
a conditional use.
[5]
Public sewer and public water lines.
(b)
In areas of steep slope, provided that they are also in compliance
with all other provisions of this Code:
[1]
Parks and other outdoor recreational uses.
[2]
Tree farming, forestry and other agricultural uses conducted
in conformity with good conservation practices as approved by the
Board of Supervisors.
[3]
Any road necessary to provide primary access to a use listed in § 160-49G(2) when no practical alternative exists in an area of lesser slope.
[4]
Accessory uses (other than swimming pools) necessary for the
operation and maintenance of the above uses.
[5]
Yard area of any permitted building or use.
[6]
Public sewer and public water lines.
(3)
It is not intended by this section to repeal, abrogate or impair any regulations set forth in any other articles herein, any regulations of Chapter 210, Zoning, or any easements, covenants or deed restrictions, except that where this section imposes greater restrictions, its provisions shall prevail. Further, nothing contained in this section shall diminish in any way the provisions of the Clean Streams Law[1] and/or Chapter 102 of the Department of Environmental
Protection's rules and regulations or any other applicable state,
federal, county or Township regulations, codes, ordinances and the
like.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(4)
Areas of steep and very steep slopes are depicted on Figure A-3 of
the Comprehensive Plan[2] (refer to the Topography: Slope map in the Appendixes) and constitute only a general representation, based on the analysis of the contours displayed on the United States Geological Survey (USGS) Quadrangles. As such, refined mapping will be required to more accurately define the district, as specified in Subsection G(5) below.
[2]
Editor's Note: The Comprehensive Plan is on file in the
Township offices.
(5)
Interpretation of steep and very steep slope areas.
(a)
In any application for subdivision and/or land development where
the lot includes areas of steep and very steep slopes, the applicant
shall, using two-foot contours, delineate slopes from 15% to 25% (steep
slopes) and greater than or equal to 25% (very steep slopes). Further,
the applicant shall use an actual field topographic survey or aerial
survey as the source of contour information and the basis for depicting
such slope categories.
(b)
This section shall apply only to those steep or very steep slopes which exist for three consecutive two-foot contour intervals (six cumulative vertical feet of slope). All steep and very steep slope areas shall be shown for the purpose of Township review and verification, but only those occurring over three consecutive two-foot contour intervals will invoke the standards of Subsection G(7).
(c)
Once delineated, the mapping provided by the applicant will
be reviewed by the Planning Commission and the Township Engineer.
The applicant will be required to follow all regulations of this section
for those areas which reflect steep slope and very steep slope conditions
as determined in accordance with this section through the Planning
Commission's and Township Engineer's review.
(6)
Application procedures. Before a permit is issued for any construction
or land disturbance activity on land within or affecting steep and
very steep slope areas, the following material shall be submitted
for review by the Township Engineer:
(a)
Plans drawn to a scale of at least one inch equals 50 feet,
sealed by a registered professional engineer, depicting the following:
[1]
The location, dimensions and elevation of the property.
[2]
Existing and proposed uses and development.
[3]
An earth-moving plan of the property which indicates existing
grades with contour lines at two-foot intervals and proposed grades
within the area of any proposed activity, disturbance or construction.
All areas of steep and/or very steep slope shall be graphically distinguished.
[4]
A site plan indicating existing and proposed structures, other
impervious surfaces, storm drainage facilities and retaining walls.
The site plan also shall locate and identify existing vegetation,
including woodlands, open areas and their ground-cover type within
areas of steep and very steep slopes, as well as proposed landscaping
material to be installed.
[5]
Typical cross sections and elevations of the property and proposed
structures at intervals prescribed by the Township Engineer, as well
as architectural plans, elevations and sections.
[6]
Photographs showing existing uses, vegetation and topography
within the steep and very steep slope areas.
[7]
A statement, signed and sealed by a registered architect or
professional engineer, explaining the building methods to be used
in overcoming foundation and other structural problems created by
slope conditions, preserving the natural drainage, preventing soil
erosion and excessive surface-water runoff to neighboring properties
and/or streets and the type of sewage disposal and water supply.
[8]
Plan, profile and typical cross sections of any proposed street,
emergency access or driveway within areas of steep and very steep
slopes, with the seal of a registered professional engineer thereon.
[9]
A statement, signed by the owner or future occupant at the time
of subdivision, land development or building permit application, that
there is a full understanding of any difficulties associated with
access stemming from such slopes. No plan shall be approved and no
conditional use shall be granted by the Board of Supervisors without
the Township Engineer's review of this material and his recommendation
thereon.
(7)
Standards and criteria for applications. In evaluating any application
for subdivision, land development, building permit or conditional
use permit approval within steep slope areas and very steep slope
areas, the Board of Supervisors shall determine consistency of the
proposal with the following:
(a)
Disturbance to particularly sensitive features of the site shall
be minimized; special emphasis in planning for the site shall be given
to the protection of:
(b)
Disturbances shall be minimized where the length or area of
steep and very steep slope is extensive both on the site and on adjacent
lands within 200 feet of the site. The area which is regraded and/or
stripped of vegetation shall not exceed 30% of each steep and very
steep slope area.
(c)
The proposed development, any impervious ground cover and their
resultant disturbance to the land and existing vegetative cover will
not cause surface water runoff and/or related environmental problems
off the site.
(d)
Removal of or disturbance to existing vegetation in steep and
very steep slope areas shall be minimized. The proposed impacts on
existing vegetation shall be evaluated in terms of the potentially
detrimental effects on slope stability, conveyance and recharge of
stormwater, aesthetic characteristics of the landscape and existing
drainage patterns. Further, it shall be demonstrated that any and
all reasonable mitigation techniques and procedures will be utilized
or have been considered in the preparation of the subdivision and/or
land development plan, such as revegetation measures, control of soil
erosion and sedimentation, stormwater management and the like.
(e)
Important visual qualities of the site shall, to the maximum
extent feasible, be retained. In addition to vegetation, these may
include hilltops/ridgelines, rock outcroppings and the natural terrain
and contours of the site.
(f)
Road construction shall follow the natural topography, with
cuts and grading minimized.
(g)
Innovative, imaginative building techniques that are well-suited
to slope conditions shall be encouraged, consistent with other applicable
codes and regulations.
(h)
The stability of the slope, as characterized by the existing
interrelationships among the soil, vegetation and rock, shall be disturbed
as little as possible.
(i)
Proposed buildings and structures are of sound engineering design
and footings are designed in response to the site's slope, soil
and bedrock characteristics, and footings shall extend to stable soil
and/or bedrock.
[Amended 5-3-1994 by Ord. No. 191; 1-5-1998 by Ord. No.
221; 12-15-1998 by Ord. No. 230; 2-6-2001 by Ord. No. 256]
A.
Landscaping shall be in accordance with the standards set forth in Chapter 210, Zoning, related to landscaping in general (Article XXI), screening and buffering (§ 210-193), and Appendixes D-1 to D-8b,[1] inclusive, of this chapter. In addition, all required
landscaping shall be installed and maintained in accordance with a
landscape plan approved by the Board of Supervisors. The landscape
plan shall depict all proposed plantings required to compliment, screen
or accentuate buildings, roads, parking areas, sidewalks, walkways,
sitting areas, service or maintenance structures, courtyards and other
site features.
[1]
Editor's Note: Said appendixes are included
as attachments to this chapter.
B.
Street trees/shade trees shall be provided along all
streets where there are no existing street trees/shade trees. When
planted, street trees/shade trees shall be located at least five feet
within the right-of-way line, unless they conflict with sidewalks,
in which case they shall be installed to minimize conflicts. No less
than one three-inch-caliper deciduous tree shall be planted for each
30 feet of street length. Such trees shall be planted in alternating
rows, whereby trees on one side of the street are placed at intervals
of 60 feet, and shall be subject to the following:
(1)
A list of approved street trees/shade trees for planting
in Concord Township is included in the appendixes,[2] according to their botanical and common names.
[2]
Appendix D, Street Trees and Other Plantings,
is included as an attachment to this chapter.
(2)
Naturalistic tree groupings may be proposed in lieu of regularly spaced street trees/shade tree plantings subject to the approval of the Board of Supervisors. Size and quantity requirements shall be at a minimum of those illustrated in Subsection B above.
(3)
Where existing trees are retained along street rights-of-way,
street trees/shade trees do not need to be planted other than to replace
diseased or undesirable varieties.
(4)
At intersections, such trees shall be located no closer
than 50 feet to the intersection of the street right-of-way.
C.
Landscaping of parking and loading areas.
(1)
Parking lots are to be landscaped to ensure the good
appearance of vehicular parking areas in Concord Township and to protect
and preserve the appearance, character and value of surrounding neighborhoods
and thereby promote the general welfare by providing for the installation
and maintenance of landscaping for screening and aesthetic qualities.
The Board of Supervisors finds that the particular characteristics
and qualities of Concord Township justify regulations for parking
lot landscaping to perpetuate its aesthetic appeal on a Township-wide
basis.
(2)
Landscape plan and review. The landscape plan for parking lots shall be prepared as part of the landscape plan for the overall development. Reference to reviewing the plan is made under site plan review requirements at the end of the requirements for the particular zoning district in Chapter 210, Zoning.
(3)
Parking lot landscaping requirements.
(a)
Off-street parking areas and parking lots shall
be landscaped to reduce wind and air turbulence, heat and noise, and
the glare of automobile lights; to reduce the level of carbon dioxide;
to provide shade; to ameliorate stormwater drainage problems; to replenish
the groundwater table; and to provide for a more attractive setting.
(b)
Perimeter buffering. The outer perimeter of
all parking areas shall be screened. Effective screens shall be accomplished
through the use of plant materials, fencing or walls and/or mounding
through the use of earthen berms.
[2]
Buffering from residential uses. A screen five
feet wide (minimum), six feet high (minimum) must be planted to buffer
all residential uses from parking areas for over five vehicles and
from all service areas, and must be protected by a two-and-one-half-foot
space between the edge of the planting and curbing or wheelstops.
The screen should consist of evergreen shrubs, planted on four-foot
centers, or evergreen trees planted on ten-foot centers. Where proposed
plantings are less than six feet in height, berms, walls, or fencing
may be used to provide the required height.
[3]
Buffering between zoning districts. A screen
of at least five feet wide and 4 1/2 feet high shall separate
parking lots from any property which is in a different zoning district.
Passageways for vehicles from one lot to the other may be kept free
from planting. The screen should consist of evergreen trees or shrubs
planted on eight-foot centers, or deciduous shrubs placed on five-foot
centers.
(c)
All parking areas shall be landscaped. Each
parking lot shall have one three-inch-minimum-caliper shade tree for
every five parking spaces. The size and location of existing trees
to be preserved within 15 feet, or proposed trees within 10 feet,
of the edge of any proposed parking lot shall be considered in satisfying
this requirement.
(d)
Shrubs, groundcovers and other plant materials
are encouraged to be used to complement the required shade trees,
but shall not be the sole contribution to the landscaping.
(e)
The type of plant materials to be used shall be subject to review and approval by the Board of Supervisors upon the recommendation of the Planning Commission and shall be of a quality as specified in this § 160-50.
(f)
The landscaping and planting areas shall be
reasonably dispersed throughout the parking lot, except where there
are 20 or more parking spaces, in which case the following shall apply:
[1]
Landscaped islands shall be provided at the
end of each parking bay of no more than 20 contiguous spaces accessed
from a single aisle. Such islands shall be a minimum of eight feet
in width and 20 feet in length. Such islands shall be provided to
enhance the appearance of the parking area and to control access and
movement within the parking area.
[2]
All planting islands and planting beds within
a parking lot shall be surfaced with groundcovers and/or dwarf shrubs
and shall not be grassed. Stone mulch may be used in conjunction with
groundcovers and shrubs. Shredded hardwood mulch shall only be used
to form the plant saucers.
(4)
Loading areas shall be screened from any adjacent
property or use. The screen shall be a minimum of 8 feet in height
and shall be a complete and effective visual barrier at the time of
installation. Screening may be provided by plantings, fencing, walls,
berms, or combinations thereof. Where existing vegetation sufficiently
buffers loading areas, the Board of Supervisors may waive the requirement
for additional screening.
D.
All buildings for which landscaping is required shall
be landscaped in accordance with the following criteria:
(1)
A combination of evergreen and deciduous trees and
shrubs shall be used as foundation plantings, i.e., plantings to be
installed in reasonably close proximity to the facades.
(2)
One three-inch to three-and-one-half-inch caliper
specimen deciduous tree shall be planted for every one-hundred-foot
length of building perimeter, measured from end to end, of buildings,
without regard to indentations and the like in the buildings, and
excluding any enclosed walkway connectors and elevator cores. In addition,
two eight- to ten-foot high flowering trees or evergreen trees must
be provided for every one-hundred-foot length of building perimeter.
(3)
Three evergreen and/or deciduous shrubs shall be planted
for every 20 feet of length of building perimeter.
(4)
In calculating building perimeter for planting requirements,
the length of the building perimeter occupied by loading bays may
be deducted from the total building perimeter.
(5)
Trees and shrubs shall be grouped in accordance with
specific needs and objectives.
E.
Tree protection and replacement. No trees shall be removed except in compliance with the requirements of § 160-49 of this Code. To the extent that the provisions of § 160-49 are more restrictive than the provisions of this section, § 160-49 shall control. The landowner or developer shall protect trees to be retained from damage during construction. The following procedures shall be followed in order to so protect such trees:
[Amended 12-22-2015 by Ord. No. 371]
(1)
Removal and replacement.
(a)
Shade trees of twelve-inch DBH or more shall not be removed unless authorization is granted by the Township and except in complying with the requirements of § 160-49. The Board of Supervisors may require the landowner or developer to plant one tree of not less than three-inch caliper for each tree of twelve-inch DBH or more to be removed, and two trees of not less than three inches in caliper for each tree of 24 inches DBH or more to be removed.
(b)
On large, densely wooded parcels, the Board of Supervisors may, at its discretion, allow a forest density survey to determine the extent of large tree loss in the course of proposed development. Tree replacement requirements will be calculated using the procedure set forth in Subsection E(1)(c), in conjunction with the loss estimate as prepared by a qualified forester.
(c)
Prior to construction, the following shall occur relative to
tree replacement plantings:
[1]
The landowner or developer shall stake in the field the limits
of construction including the location of the building foundation,
driveway, proposed grading and any utility easements to be constructed
and cleared in the course of the said construction and more than 10
feet from the edges of same.
[2]
Following the placement of stakes, the landowner or developer
shall conduct an inventory of trees of twelve-inch DBH or greater,
located within the limits of construction on the lot.
[3]
The landowner or developer shall depict the location of replacement
plantings on the landscape plan.
[4]
Prior to construction, the landowner or developer shall attend
a preconstruction meeting with the Township Engineer and the Township
Landscaping Consultant to review all procedures for tree removal and
tree replacement.
[5]
Following construction, the developer shall plant, and warrant
for a period of 18 months following installation, a tree of appropriate
species as shown in the approved landscape plan, and in accordance
with all parts of Appendix D.[4] Any tree which dies within the eighteen-month period shall
be replaced immediately.
[4]
Editor's Note: Appendix D is included as an attachment
to this chapter.
[6]
Prior to the issuance of a use and occupancy permit, the Township
shall inspect the lot to determine if all required plantings have
been installed.
[7]
The required plantings shall be shown on an as-built/as-installed
landscape plan.
(2)
No more than three inches of soil shall be placed around the trunks
of trees which are to remain. For those trees which are to remain,
where more than five inches of soil are to be placed, tree wells shall
be constructed to preserve such trees.
(4)
No boards or other material shall be nailed to trees during construction,
and no trees shall be sprayed with paint.
(5)
Heavy-equipment operators shall avoid damaging existing tree trunks
and roots. Feeder roots shall not be cut closer than 25 feet to tree
trunks.
(6)
Tree trunks and exposed roots damaged during construction shall be
protected from further damage by being pruned flush, and if trunks
are scarred, they shall be traced out for proper healing.
(7)
Tree limbs damaged during construction shall be sawed flush to tree
trunks.
(8)
The operation of heavy equipment over root systems of such trees
shall be minimized in order to prevent soil compaction.
(9)
Deciduous trees shall be given a heavy application of rooting fertilizer
to aid in their recovery from possible damage caused by construction
operations.
(10)
Construction debris shall not be disposed of near or around
the bases of such trees.
H.
All required landscape plans shall be submitted at
the time when all other required applications and/or plans are submitted.
Plans shall be based on and reflect the following:
(1)
The functional and aesthetic factors which relate
to the tract and to the principal and accessory buildings and other
structures.
(2)
Concealing views to the tract.
(3)
Enhancing views from and within the tract.
(4)
Screening and complimenting proposed buildings and
other structures.
(5)
Creating visual interest for the users and/or residents
of the proposed project.
(6)
Using plant materials which are hardy and acclimated
to the conditions at the tract and within the Township.
I.
A landscaping plan shall include notes, diagrams,
sketches or other depictions to present the consideration and analysis
of the following:
(1)
An analysis of the site in terms of the existing views
to and from the areas which are proposed for development, existing
topography and vegetation conditions, and other existing conditions
which are relevant to the site.
(2)
An analysis of proposed planting and other landscaping
needs as related to screening views of buildings, screening buildings
and sections of buildings, screening parking areas and other areas
where vehicles are parked, screening storage areas, screening site
utilities, and other appropriate types of screening.
(3)
The consideration of locations where plantings and
other landscaping is needed to provide visual interest, define outdoor
spaces, compliment the proposed architectural style and achieve other
functional and aesthetic requirements for buffer areas, buffer planting
strips and other landscaped areas.
J.
A preliminary and/or final landscape plan shall reflect
the following detailed criteria:
(1)
Buffer planting strips shall be installed and maintained in the buffer areas at the width required in Article XXI of Chapter 210, Zoning, to form a continuous visual buffer. In addition to groundcovers and evergreen shrubs, the buffer planting strip shall be comprised of evergreen trees which are a minimum of eight feet in height at the time of planting and which shall be spaced at ten-foot centers. The combined evergreen shrub and tree plantings shall constitute a continuous visual screen at the time of occupancy of any buildings and/or at the time of initiation of any use.
(3)
The outer perimeter of all parking areas shall be
screened. Effective screens shall be accomplished through the use
of plant materials, fencing or walls and/or mounding through the use
of earthen berms.
(4)
Other landscaping, including trees, shrubs and groundcovers,
shall be provided along walkways, in courtyards, around sitting areas,
at the entrance to the site and in other highly visible locations,
especially on the outer side of any internal access roads which are
visible from a public street which may adjoin a tract, at the entrance
to buildings, around structures used for service, storage or maintenance
purposes, and around dumpsters and trash storage areas.
(5)
Requirements and standards for landscaping, in addition
to the specified above, shall be as determined by the Board of Supervisors.
The Board may require plantings to reduce glare, to abate other nuisances,
to enhance the planting area in conjunction with streets, and to fulfill
screening and other functional purposes.
(6)
The location, type, size, height and other characteristics
of landscaping shall be subject to the review and approval of the
Board of Supervisors.
K.
The preliminary landscape plan shall be drawn at a
scale of at least one inch equals 50 feet. It shall be totally coordinated
with the overall site plan in terms of its relationship to proposed
buildings, roads, parking areas, walks, fencing, benches, signs, lighting
and other like structures. It shall contain the following:
(1)
A delineation of existing and proposed plant materials,
including scalloped tree lines to indicate existing woods or trees
to remain.
(2)
A plant list wherein the botanical and common name
of proposed plants are tabulated, along with the quantity, caliper,
height, spread and other dimensions and characteristics.
(3)
A delineation of other landscaping features, such
as berms, planting beds to be used for herbaceous plants, areas to
be devoted to lawns and other elements of the proposed improvements,
such as fences, walls, berms, retaining walls, lighting, benches,
signs, paving, stone, tree wells and the like.
(4)
One color rendering of the preliminary landscape plan
shall be submitted for review by the Township, in addition to the
number of prints which are otherwise required. The color rendering
shall reflect total coordination with the overall site plan in terms
of its relationship to proposed buildings, roads, parking areas, walks,
walls, fencing, benches, signs, lighting and other like structures.
L.
A final landscape plan shall be submitted after the
Township has reviewed the preliminary landscape plan and submitted
comments on the plan to the applicant. The final landscape plan shall
be drawn at a scale of at least one inch equals 50 feet. It shall
be totally coordinated with the overall site plan and shall contain
the following:
(1)
A final version of all of the plan requirements stated in Subsection J for a preliminary landscape plan.
(2)
Details for the planting and staking of trees and
the planting of shrubs and any other details which depict other related
installation or protection, such as groundcover spacing, tree fencing,
tree grates and guards, tree wells and the like. Refer to Appendix
D-8b[8] for tree planting details.
[8]
Editor's Note: Appendix D-8b is located at
the end of this chapter.
(3)
Information regarding the continued maintenance of
all plantings and notes indicating that all plantings will be installed,
maintained and replaced, if dead or diseased, in locations as shown
on the approved landscape plan.
(4)
Details, specifications, and maintenance instructions
pertaining to specialized plantings, such as wildflower meadows, wetland
plantings, stream bank stabilization plantings, or any other landscape
plantings which may have unique and specific requirements.
(5)
All final landscape plans shall be accompanied by
a cost estimate prepared by the landowner or developer. The cost estimate
shall be evaluated by the Township and revised if necessary. The cost
estimate shall serve as a basis of establishing an escrow account
related to landscaping.
[Amended 7-7-1998 by Ord. No. 223]
A.
The public dedication of suitable land shall be provided
for the use intended; and, upon agreement with the applicant or developer,
the construction of recreational facilities, the payment of fees-in-lieu
thereof, the private reservation of the land, or a combination, for
park or recreation purposes as a condition precedent to final plan
approval shall be required in accordance with the provisions of this
section.
B.
The following general provisions shall apply:
(1)
Each residential subdivision and/or land development
shall set aside 2,200 square feet of land for each residential dwelling
unit in the proposed development for park or recreational purposes,
and each commercial, industrial or other nonresidential subdivision
or land development shall set aside 5% of the land in the tract proposed
to be developed for park or recreational purposes.
(2)
The developer of land in the R-A and R-AH Districts shall receive a credit for any land reserved for park or recreational purposes and accepted by the Township under this chapter towards the requirements of any provisions within Chapter 210, Zoning, requiring recreational facilities.
(3)
The provisions of this section shall not apply to a development plan approved and developed pursuant to the planned residential development provisions of Article X, XI or XII of Chapter 210, Zoning, or to subdivision or land developments creating two or less additional residential lots making use of all contiguous land then owned. In addition, the provisions of this § 160-52 shall not apply to any plan application, whether preliminary or final, pending at the time of enactment of this Chapter 160 and to which Township Ordinance No. 163 or 174 is applicable.[1]
[1]
Editor's Note: Ordinance No. 163 regulated
the acquisition and development of park and recreation areas upon
application for improvement of land. Said ordinance was superseded
by this current Concord Township Subdivision and Land Development
Ordinance, Ordinance No. 174 of 1990, and is only applicable to plan
applications pending at the time of adoption of this current ordinance.
C.
If it is determined that the land proposed to be dedicated is not suitable for the use intended by reason of its size, shape and/or location and if park or recreational lands are already available and accessible to the proposed development, the applicant or developer shall make payment of a fee-in-lieu of dedication of land. Such determination shall also be made in accordance with Subsections I, J and K of § 160-52.
D.
The amount of the fee-in-lieu shall be based upon the Open Space and Recreational Plan of Concord Township, dated July 24, 1995, adopted August 1, 1995, and as determined from time to time by resolution of the Board of Supervisors. Payment shall be due and payable at the time of final plan approval of the application for subdivision and/or land development or, if as a condition of final plan approval, shall be included in the required development agreement in accordance with § 160-14 of this chapter, together with posting of financial security in accordance with Section 509 of the Pennsylvania Municipalities Planning Code.[2]However, all such payments shall be made by the time of
application for the first building permit.
[Amended 12-4-2001 by Ord. No. 265]
[2]
Editor's Note: See 53 P.S. § 10509.
E.
A combination of dedicated land and fee-in-lieu shall be provided if it is determined that suitable park or recreational land is available in a particular subdivision and/or land development which is bisected by or divided by a service area boundary, relative to criteria set forth in Subsections I and J of § 160-52 of this chapter. In such cases, the fee-in-lieu shall be applied only to the number of lots or units which are within the Service Areas for Selected Recreational Sites, Figure 2, of the Concord Township Open Space and Recreation Plan of July 24, 1995.
F.
The amount and location of land to be dedicated or
the fees to be paid are to be used for the purpose of providing park
or recreational purposes, including facilities accessible to the subdivision
and/or land development and shall bear a reasonable relationship to
the use of the park or recreational facilities by future inhabitants
of the subdivision and/or land development. Fees collected for park
or recreational purposes shall be utilized for the recreational sites
and within the service areas depicted on Figure 2, Service Areas for
Selected Recreational Sites, from the Concord Township Open Space
and Recreation Plan of July 1995.
G.
All moneys paid to the Township pursuant to the provisions
of this section shall be placed in a Neighborhood Park and Recreation
Development Fund to be established by the Board of Supervisors clearly
identifying the specific recreational facilities for which the fee
was received. Said fund shall be used by the Township for the acquisition
and improvement of park or recreational sites and land in accordance
with the Township Open Space and Recreation Plan, recognizing that
funds shall be expended only on properly allocated portions of the
cost incurred to acquire land or construct the specific recreational
facilities for which the funds were collected.
H.
Land to be publicly dedicated to the Township shall
be by fee-simple deed, free and clear of all encumbrances. The executed
deed shall be delivered to the Township for recording at the time
of final plan approval and prior to signing of the approved plan by
the Township Supervisors, subject to the following:
(1)
If public dedication of the land is rejected by the
Township, the land may alternatively be conveyed to a legally constituted
homeowners' association or retained by and managed by such private
ownership as the Board of Supervisors may approve so long as its use
remains open to the residents of the proposed development. In the
event that the recreational land is to be privately owned, adequate
provision shall be made for its maintenance and the posting of adequate
financial security in accordance with Section 509 of the Pennsylvania
Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10509.
I.
In the event that the applicant or developer of land
located within any service area shown in Figure 2, Service Areas for
Selected Recreational Sites, in the Concord Township Open Space and
Recreation Plan, dated July 24, 1995, proposes to dedicate land and/or
construct recreational facilities, the applicant or developer shall
submit a recreational study prepared by a recreational planner or
a certified planner to verify that:
(2)
The proposed recreational facilities and/or improvements
are not available within the service areas shown in Figure 2.
(3)
The proposed recreational facilities and/or improvements
will be properly owned, managed and maintained by a responsible entity
such as a homeowners' association, the governing documents for which
shall be approved by the Township Solicitor.
(4)
The proposed recreational facilities shall be subject
to a declaration of covenants, easements and restrictions which shall
be approved by the Township Solicitor.
J.
The determination of the suitability of land which
is acceptable for dedication or use for park or recreational purposes
shall be based on the following additional criteria:
(1)
The land must be readily accessible to all residents
or expected users of the development by virtue of at least one side
of each site abutting a public street for a minimum distance of 50
feet.
(2)
The land shall be located so that it equally serves
all residents or expected users of the subdivision and/or land development.
(3)
The shape of the land shall be suitable to accommodate
those park or recreational activities appropriate to the location
and needs of the residents or expected users of the development.
(4)
Any parcel of the land shall be at least one acre
in size and no less than 50 feet in width.
(5)
Soil and drainage shall be suitable for the intended
park or recreational uses.
(6)
The intended land shall be contiguous.
(7)
Such land shall have an average slope of less than
7% and shall have no more than 30% of the land contained within the
boundaries of a floodplain, or steep slope area greater than 15%,
or a combination of floodplain and steep slope.
(8)
Provisions shall be made for vehicular parking so that any site can be adequately served and accessed pursuant to the provisions of § 160-44 of the Township Code (Subdivision and Land Development, Parking areas and parking lots).
(9)
Provisions shall be made for trails, footpaths, bicycle paths, crosswalks and other pedestrian circulation systems and accessways pursuant to the provisions of § 160-42 of the Township Code (Subdivision and Land Development, Sidewalks, crosswalks and pedestrian paths).
(10)
Such land shall be consistent with the findings
and recommendations set forth in the Concord Township Open Space and
Recreation Plan, dated July 24, 1995, adopted August 1, 1995.
(11)
The overall design of all park or recreational
land shall be in accordance with the Guidelines of the National Recreation
and Park Association (NRPA) in their Park, Recreation, Open Space
and Greenway Guidelines, dated 1995, as may be amended from time to
time.
K.
If the recreational study and related documents are
not approved by the Township, then the Board of Supervisors shall
require the payment of a fee in lieu of the dedication of land and/or
the construction of recreational facilities.
A.
Utility easements shall be required to facilitate
the maintenance and repair of utility lines, sewers, community on-lot
sewage disposal systems, wells and drainage structures. Facilities
shall be located within a street right-of-way or in the center of
an easement.
B.
Utility easements with a minimum of 30 feet shall be provided as necessary for utilities and storm drainage, except for petroleum transmission lines, as described in § 160-54B, and for multipurpose easements where the minimum width shall be at least 10 feet outside any such structure or subeasement.
C.
Where a subdivision or land development is traversed
by a watercourse, drainageway, channel or stream within a stabilized
structure (such as concrete culverts, concrete gutters, gabions, pipes
and the like), there shall be a drainage easement conforming substantially
with the line of the watercourse and of such width as will be adequate
to preserve natural drainage but not less than 30 feet or as may be
required or requested by the Township Engineer. The landowner or developer
shall properly grade and seed slopes and fence any open ditches when
it is deemed necessary by the Township.
D.
To the fullest extent possible, easements shall be
centered on or adjacent to rear or side lot lines.
E.
Nothing shall be permitted to be placed or planted
within the area of a utility easement. The area shall be maintained
as lawn or meadow. Shrubbery may be planted when approved by the Township.
F.
Utility easements shall be described in a deed as
shown on the approved plan.
G.
Petroleum products or natural gas transmission lines.
Unless otherwise indicated by various transmission line companies,
a minimum easement of 50 feet shall be provided.
H.
There shall be a minimum distance of 50 feet, measured
at the shortest distance, between any proposed dwelling and any existing
natural gas or petroleum product transmission right-of-way line.
A.
All other utility lines, including but not limited
to electric, gas, streetlight supply, cable television and telephone,
shall be placed underground. Installation of all utilities shall be
in strict accordance with the engineering standards and specifications
of the Township and public utility concerned.
B.
In accordance with the provisions of the Act of December
10, 1974, P.L. 852, No. 287, as amended (73 P.S. § 176 et
seq.), all developers, contractors, etc., will contact all applicable
utilities and accurately determine the locations and depth of all
underground utilities within the boundaries of the tract proposed
for development prior to excavation. A list of the applicable utilities
and their phone numbers shall appear on the plans submitted for review
and proof shall be presented to the Township prior to final plan approval.
All grading practices shall be in accordance with the applicable sections of Chapter 148, Stormwater Management (refer to the Appendixes).
A.
All retaining walls shall be designed and approved
in accordance with the following:
(1)
Such walls shall be designed by a structural engineer,
whose seal shall appear on the plans.
(2)
Such walls shall be constructed to have a batter,
depth of footing, anchoring, drainage and materials to provide for
maximum safety. Special safety precautions shall be taken whenever
such walls are constructed in or near areas of steep slope and very
steep slope.
(3)
All grading above and below such walls shall comply
with this article.
(4)
Pressure-treated timber retaining walls shall not
exceed a height of four feet above grade.
(6)
Safety rails shall be provided where appropriate for
retaining walls.
[Added 12-15-1998 by Ord. No. 230]
A.
Whenever the total gross floor area of a building,
on a lot in the C-1 District, exceeds 30,000 square feet, the following
shall apply:
(1)
If more than 30,000 square feet of building
footprint/floor area is proposed, then separate buildings shall be
constructed. Each separate building shall be 60 feet from any other
building.
(2)
If separate buildings are constructed, the sixty-foot
space between them shall have twelve-foot sidewalks adjoining each
building; eight-foot parking/drop-off/ loading-unloading space adjoining
each sidewalk; and ten-foot accessways straddling the center of the
sixty-foot space.
(3)
The "Main Street" environment to be created under § 160-56.1A(2) shall be landscaped with shade trees of at least three-inch caliper at thirty-foot intervals, within the required twelve-foot wide sidewalk area.
(4)
At least one centrally located pedestrian plaza
area, comprising an area of at least 6,500 square feet shall be provided.
The pedestrian plaza shall include shade trees, planters, benches
and plaza surfacing of brick, flagstone or other similar unit pavers.
(5)
The building shall have vertical treatments
to reduce the mass of an otherwise horizontal, windowless big box.
The vertical treatments shall include such items as windows, columns,
archways, porticos and a vertical bay form of gabled roof with bays
of 24 feet in width.
B.
Whenever the total gross floor area of a building
on a lot in the C-2 District exceeds 65,000 square feet, the following
shall apply:
(1)
If more than 65,000 square feet of building
footprint/floor area is proposed, then separate buildings shall be
constructed. Each separate building shall be 60 feet from any other
building.
(2)
If separate buildings are constructed, the sixty-foot
space between them shall have twelve-foot sidewalks adjoining each
building; eight-foot parking/drop-off/ loading-unloading space adjoining
each sidewalk; and ten-foot accessways straddling the center of the
sixty-foot space.
(3)
The "Main Street" environment to be created under § 160-56.1B(2) shall be landscaped with shade trees of at least three-inch caliper at thirty-foot intervals, within the required twelve-foot wide sidewalk area.
(4)
At least one centrally located pedestrian plaza
area comprising an area of at least 6,500 square feet shall be provided.
The pedestrian plaza shall include shade trees, planters, benches
and plaza surfacing of brick, flagstone or other similar unit pavers.
(5)
The building shall have vertical treatments
to reduce the mass of an otherwise horizontal, windowless big box.
The vertical treatments shall include such items as windows, columns,
archways, porticos and a vertical bay form of gabled roof with bays
of 24 feet in width.
