Township of East Hempfield, PA Article 7 Supplemental Requirements, Tests & Studies

§ 265-7.1 General.

A. Information to be provided.

(1) The following supplemental requirements, tests and studies are required to the extent that each is described hereafter:

(a) Environmental impact study.

(b) Hillside development report.

(c) Historic and cultural resources study.

(d) Hydrogeologic study.

(e) Parks and open space requirements.

(f) Traffic impact study.

(2) As required in §§ 265-5.3B(4)(h), 265-5.4B(4)(p), and 265-5.5C(4)(o), the applicant shall also submit those additional reports and supplementary data that the applicant's consultants relied on in order to design specific site improvements and/or structural elements.

B. Applicability. The Township shall review the information described in § 265-7.1A(1) and (2) above as part of the sketch, preliminary, final, and/or minor plan application. On the basis of said review, the Board of Supervisors may take the following actions with regard to the subject subdivision and/or land development application:

(1) Deny the application due to the preponderance of evidence found in the conclusions and recommendations of the supplemental requirements, tests, studies, reports, and data that the application cannot be developed on the subject tract due to the negative impact on the public health, safety, and welfare; or

(2) Approve the application with such conditions as will safeguard the public health, safety, and welfare, based on the conclusions and recommendations of the supplemental requirements, tests, studies, reports, and data; or

(3) Approve the application without such conditions.

§ 265-7.2 Environmental impact study.

An environmental impact study shall be prepared and submitted in connection with all proposed subdivision and/or land development plans.

A. Goals. It is the intent of this provision to limit subdivision and/or land development approval to activities which:

(1) Will not result in a significant adverse impact on the environment;

(2) Have been conceived and designed in such a manner as will not significantly impair natural processes; and

(3) Will not place a disproportionate or excessive demand upon the total resources available to the subject tract and to the neighboring lands which will be affected by the development.

B. Information required. Two paper copies and two CD/DVDs with PDFs of the environmental impact study (EIS) shall be provided as follows:

(1) A complete EIS, including all of the information requested in § 265-7.2E below, shall be conducted for all plans involving mixed-use, commercial and/or industrial uses, residential subdivisions and/or land developments of five or more dwelling units, public uses of two or more acres, and any subdivision and/or land development activity on a site with known environmental hazards, as determined on the basis of any one of the following:

(a) The subject tract has an environmental covenant executed pursuant to the Pennsylvania Uniform Environmental Covenants Act [Act No. 68 or 2007, 27 Pa.C.S.A. §§ 6501-6517 (UECA)]. Copies of such environmental covenant shall be provided to the Township.

(b) The landowner, developer, and/or applicant has independently conducted a Phase I Environmental Site Assessment/All Appropriate Inquiry (ESA/AAI) that has subsequently determined that a Phase II ESA and/or remediation plan are/is required. Copies of all such Phase I and II ESAs and remediation plans, as applicable, shall be provided to the Township.

(2) Notwithstanding § 265-7.2B(1) above, at the discretion of the Township's Director of Planning and as approved by the Board of Supervisors, the requirements of § 265-7.2E below may be modified to address the specific nature of the proposed subdivision and/or land development. Therefore, applicants are encouraged to meet with the Director of Planning and Township Engineer in order to specifically discuss the requirements of § 265-7.2E below and determine the information that will be required for the proposed development. Supporting information and specific site conditions may warrant providing lesser information than otherwise required.

C. Modifications. The Board of Supervisors, after reviewing the request and considering the recommendation of the Planning Commission, may waive or modify the requirements for a complete EIS [as described in § 265-7.2B(1) above] or modified-scope EIS [as described in § 265-7.2B(2) above] if, in the opinion of the Board of Supervisors, sufficient evidence is submitted to support a conclusion that the proposed development will have a negligible environmental impact or that an EIS, either complete or modified-scope, need not be prepared in order to adequately evaluate the environmental impact.

D. Contents and preparation of environmental impact study.

(1) At the request of the Township, the developer, or the landowner, a preapplication conference may be held among the landowner or developer and one or more representatives of the Township to discuss the scope, detail, requirements, issues and possible impact of the proposed development.

(2) To the extent required, an EIS shall be prepared and submitted as part of the preliminary plan submittal or, if preliminary plan approval is not sought or required, then as part of the final plan submission.

(3) The Board of Supervisors may reject a preliminary or final plan in the event the EIS lacks sufficient information to perform an adequate environmental appraisal.

(4) The EIS shall include a statement of the educational background and work experience of the principal preparer of the EIS.

E. Data required.

(1) Impact on overlay zones and environmental protection ordinances of the Township.

(a) If the subject tract is overlain by the Greenway Overlay Zone, a description of how the development will affect the greenway shall be submitted.

(b) If the subject tract is overlain by separate environmental protection ordinances, including but not limited to the Wellhead Protection ordinance and Floodplain ordinance, a description of how the development will affect these environmental features shall be submitted.

(2) Wastewater management.

(a) If wastewater disposal is proposed to be on-site, a hydrogeologic study (see § 265-7.5 below) shall be submitted.

(b) If wastewater disposal is proposed to an existing private facility, identification of the owner, location of the plant, and location of existing collection points to which the proposed development would be connected must be provided. Evidence shall also be submitted to demonstrate that the anticipated flows from the proposed development will be accepted and can be adequately treated by the private facility.

(c) As applicable, copies of required PA Department of Environmental Protection (PADEP) Sewage Facilities Planning Module applications shall be submitted in accordance with the Township's Sewage Facilities plan.

(3) Water supply.

(a) If the water is to be supplied from an existing private, community, or public facility, identification of the owner and location of the facility and location of the existing distribution point to which the proposed development would be connected shall be provided. The applicant shall submit documentary proof that the facility has the available excess capacity in terms of its allowable diversion and equipment to supply the proposed development and is willing to do so.

(b) If, however, water is to be supplied by new individual wells or a new community water system in areas or in proximity to areas of known groundwater contamination or inadequate yields of potable supplies, an aquifer study shall be performed. An aquifer study is also required for all commercial and industrial uses and for new residential uses of one or more lots or dwelling units if these uses are to be served by new individual wells or a new community water system.

(c) If the subdivision and/or land development will require obtaining permits and approval from the Susquehanna River Basin Commission, the applicant is responsible for informing the Township of this requirement and providing the Township with copies of all application materials, review comments and associated responses, and permit approvals/denials.

(4) Aquifer study.

(a) Areas of known groundwater problems. Areas of known groundwater problems shall include:

[1] Areas underlain by serpentinic or schistostic geologic formations or formations otherwise known to have low yields.

[2] Areas on the subject tract and within 200 feet of sinkholes, ghost lakes, or drainage entering the ground.

[3] Areas with environmental covenants related to known groundwater contamination including sites that have been voluntarily cleaned up under the Pennsylvania Land Recycling and Environmental Remediation Standards Act (Act 2).[1] For approved cleanup sites, this test will verify the site meets the approved standard.

[1] Editor's Note: See 35 P.S. § 6026.101 et seq.

[4] Other areas with documented water quantity or quality problems, including pollutants in excess of federal safe drinking water standards.

(b) Aquifer study standards and procedures. No person shall develop land within an area of known groundwater quantity problems without administering the aquifer test required by this section.

[1] Water quantity report.

[a] Water quantity test standard.

[i] The proposed individual well shall produce not less than 400 gallons of water in a two-hour period, at least once each day. If the sustained yield of the individual well or individual well system is not capable of meeting the standard, sufficient storage shall be required through borehole capacity and/or a storage tank. Borehole storage shall be measured from the pump level to the top of the static water column.

[ii] The individual well shall yield a minimum of one gallon per minute.

[A] For wells with yields of four gallons per minute or less, a minimum of 400 gallons of storage capacity shall be provided. Borehole storage shall be measured from the pump level to the top of the static water column.

[B] Multiple wells may be dug on the lot and the combined yield of the well system shall meet the minimum of one gallon per minute.

[b] Test supervision and evaluation. The test shall be conducted under the supervision of a qualified geologist licensed by the Commonwealth of Pennsylvania or professional engineer, using testing procedures hereinafter set forth. The geologist or engineer shall be responsible for notifying the Township's Director of Planning and Township Engineer five working days prior to the start of the test. He or she will also summarize the test, and its significance and make recommendations as to the suitability of the well or wells for the intended uses. The final report shall include an opinion as to whether the proposed use of the well will have an impact upon other existing wells in the immediate surrounding area. The supervising person shall provide the Township's Director of Planning and Township Engineer with a copy of all field notes and test results.

[c] Test method. Testing shall be conducted for a minimum of 12 hours at a constant rate of pumping. The pumped well shall be the one proposed for the specific subdivision and/or land development for which the test is conducted. Two observation wells that have hydraulic continuity with the pumped well are required. The preferred method of analysis of the aquifer test data is the nonequilibrium formula, although other methods are available and may be used. These include various methods of analysis of either the drawdown or recovery data.

[d] Collection of data. Data shall be collected in conjunction with the aquifer test as follows:

[i] Prior to the test:

[A] Collection of geologic data of the area to be tested including well logs, if available.

[B] History of water level fluctuations in the area when available.

[C] The location, relative elevations and static water levels in the pumped well and the observation well or wells.

[D] The expected discharge of the pumped well.

[ii] During the test: A standard aquifer test field data sheet will be required for a pumped well and each observation well. The data sheet shall include columns for listing:

[A] Date.

[B] Clock time.

[C] Elapsed time since pumping started/stopped (in minutes and seconds).

[D] Depth to water below land surface.

[E] Drawdown or recovery (in feet and 10ths).

[F] Observed discharge at specified intervals.

[iii] Following the test: In accordance with recognized principles of well hydraulics, graphs shall be prepared to show time drawdown and time recovery for the pumped well and the observation wells. A distance drawdown graph will be required for anticipated rates of pumping. Computation of the coefficients of transmissibility and storage as well as the rate of pumping, time and drawdown are required as well as other data that may be considered necessary to satisfy the test objectives.

[2] Water quality report. The water quality test shall be conducted concurrently with any water quantity test. Such tests shall be conducted by a certified laboratory and shall comply with the following standards.

[a] All water samples to be tested must be drawn by a trained PA DEP-certified laboratory employee, a well drilling contractor, or pump installation contractor.

[b] For single-use on-lot wells, the quality of the water tested shall meet the local and/or state regulations as it presently exists or may hereafter be amended, or be capable of treatment to attain said standard of quality for the following potential contaminants: total coliform, fecal coliform, E.coli, nitrate-nitrogen, nitrite-nitrogen, total nitrogen, lead, and chlorine.

[c] For community on-lot wells, the quality of the water tested shall meet the National Primary Drinking Water Regulations as set forth in the National Safe Drinking Water Regulations (NSDW) of the Environmental Protection Agency (EPA) as it presently exists or may hereafter be amended, or be capable of treatment to attain said standard of quality.

(5) Hydrogeologic study. If a hydrogeologic study is required, provide a copy of same prepared in accordance with § 265-7.5 of this chapter.

(6) Adverse impacts which cannot be avoided. The EIS shall contain a list and description of the potential adverse environmental impacts which cannot be avoided should the proposed development be implemented.

(a) Short-term impacts should be distinguished from long-term impacts.

(b) Reversible impacts should be distinguished from irreversible impacts.

(c) Special attention shall be given to environmentally sensitive areas such as:

[1] Streams, floodways, and wetlands.

[2] Areas having naturally occurring (not manmade) slopes of 15% or greater.

[3] Soil which is highly acidic or erodible.

[4] Areas of high water table.

[5] Aquifer recharge areas.

[6] Mature stands of native vegetation.

[7] Areas having significant wildlife.

(7) Environmentally protective measures. The EIS shall contain a listing of all environmentally protective measures which will be used should the proposed development be implemented. These are measures which will avoid, minimize, and/or mitigate adverse effects on the environment of the site and region during the construction and operation of the facility.

(8) Alternatives. The EIS shall evaluate alternative solutions to the proposed development and, where appropriate, shall include an analysis of the alternative of not developing the subject tract.

(9) Executive summary. The EIS shall contain a concise executive summary of the environmental impact assessment for the proposed development. The summary shall evaluate the adverse and positive environmental effects of the development should it be implemented and any public benefits expected to be derived from the development.

§ 265-7.3 Hillside development.

A hillside analysis shall be prepared and submitted in connection with all proposed Development plans.

A. Information required.

(1) Plans shall be prepared in accordance with the standards in §§ 265-5.3, 5.4, or 5.5, as applicable, of this chapter.

(2) Plans shall be marked to differentiate the following slope categories as measured between the contour interval utilized for the Development plan.

(a) Category 1: greater than a 25% slope.

(b) Category 2: greater than a 15% slope and less than or equal to a 25% slope.

(c) Category 3: less than or equal to a 15% slope.

(3) When development is proposed on land having naturally occurring (not manmade) slopes greater than 15% the following additional information shall be submitted as part of the analysis.

(a) Extent and erodibility potential of exposed soils.

(b) Length, slope, steepness and surface roughness of exposed slopes.

(c) Resistance of soil to compaction and stability of soil aggregates.

(d) High-water table, water infiltration capacity and capacity of soil profile.

(e) Chemical, physical and biological nature of subsurface soils.

(f) Type and location of construction activity proposed, including the amount of site grading, including cross sections where applicable.

(g) The time period of exposure of erodible soils during construction.

(h) The location on the Development plan of all tree specimens having a diameter greater than or equal to eight inches measured 4 1/2 feet above the ground within the area proposed for development.

B. Standards for approval.

(1) To be approved, the Development plan must demonstrate that the development shall:

(a) Control stormwater runoff as per the Township Stormwater Management ordinance.[1]

[1] Editor's Note: See Ch. 260, Stormwater Management.

(b) Minimize stream turbidity and changes in flow.

(c) Protect environmentally vulnerable areas.

(d) Stabilize exposed soils both during and after construction.

(e) Prevent soil slippage and slope failure.

(f) Minimize number and extent of cuts to prevent groundwater discharge areas.

(g) Preserve as many trees as reasonably possible within areas with a slope in excess of 15%.

(2) The Board of Supervisors, as part of plan approval, may impose such reasonable conditions as the Board of Supervisors deems necessary to achieve the goals described above. Security shall be posted to guarantee completion of the improvements required by this section in the same manner as is required for other public improvements under this chapter.

§ 265-7.4 Historic and cultural resources.

A. Archaeological investigations. Developments affecting or potentially affecting historical and archaeological properties are subject to review by the Pennsylvania Historical and Museum Commission, Bureau for Historic Preservation under the provisions of both Section 106 of the National Historic Preservation Act of 1966[1] and Section 10 of the 1978 Pennsylvania Historic Preservation Act. No development shall occur on a site identified by the PHMC as containing or likely to contain features of archaeological or historic significance until procedures for compliance with federal and state regulations have been realized and the review process has been completed. All Development plans which meet the above-mentioned requirements shall provide a letter of determination and/or report from the PHMC and/or the BHP addressing the following:

(1) Bureau for Historic Preservation (BHP) letter of determination.

(a) The BHP letter of determination.

(2) Additional required action.

(a) The BHP letter may require or recommend one or more of the following activities:

[1] Phase I survey.

[2] Phase II survey.

[3] Phase III (mitigation).

(b) The applicant shall provide documentation to the Township as to how the requirements or recommendations of the BHP will be or have been satisfactorily addressed.

[1] Editor's Note: See 16 U.S.C. § 470f.

B. Preservation of historic features.

(1) Subdivisions and/or land developments shall be designed to preserve, adaptively reuse, or otherwise provide for the historic features of East Hempfield Township unless determined to not be feasible as set forth in § 265-7.4C.

(a) Historic features that are retained within the subject tract shall be situated on a lot of sufficient size to meet the underlying zoning district requirements and to retain its integrity of setting.

(b) After the lot area of the historic feature is determined, the remaining number of buildable lots that would be allowed on the subject tract may each be reduced in area, if necessary, to accommodate the same number of buildable lots on the subject tract; however, in no case shall the minimum lot area be reduced to less than 80% of the minimum lot area established by the Zoning ordinance for the subject tract.

(2) New construction should be visually compatible with the character of historic features in the vicinity in terms or size, scale, mass, shape, proportion, materials and textures, rhythm and patterns, orientation and location, cornice and floor to floor heights, arrangement and size of windows on the facade, and the like. (See Appendix F.[2])

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

(3) A landscape plan shall be provided that provides buffering, using vegetative materials, walls or fencing as appropriate, between new construction and historic features to help mitigate adverse visual or auditory impacts and to help the historic feature retain its integrity of setting.

C. Demolition restricted.

(1) Prior to a historic feature being demolished or removed in order to permit a proposed subdivision and/or land development to be constructed, review and approval by the Board of Supervisors shall occur. The applicant must provide the Board of Supervisors with an evaluation by a qualified historic preservation professional of the historic and/or architectural significance of the historic feature. In addition, the applicant must provide credible evidence in response to each of the following specific criteria:

(a) That it is not feasible to continue the current use.

(b) That other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building, structure or property.

(c) That adaptive reuse opportunities do not exist due to constraints related to the building, structure or property.

(d) That the building, its permitted uses, and adaptive reuse potential does not provide a reasonable rate of return, based on a reasonable initial investment.

(e) That the applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration, or similar physical action.

(f) That the demolition will not adversely affect the character of the neighborhood or community.

(g) That a proposed new building, structure, or use of the property will not adversely affect the character of the neighborhood or community.

(h) That the building or structure is structurally unsound.

(2) If the application for a permit for demolition, relocation, or removal is approved, said permit shall not be issued by the Township until the following additional requirements have been satisfied.

(a) The recording of an approved subdivision or land development plan for the lot where the demolition, removal, or relocation is proposed;

(b) Issuance of any necessary zoning approvals; and

(c) Approval of the subdivision or land development plan by the Board of Supervisors.

(3) Applicants whose applications for demolition, removal, or relocation are approved may be subject to conditions that include but may not be limited to the following.

(a) A complete set of exterior and interior photographs of the building or structure proposed for demolition, removal, or relocation which includes all exterior elevations, interior spaces, and all significant architectural features.

(b) A historic structure report which may include any or all of the following;

[1] Physical description including a site plan with North arrow, showing all buildings on the subject tract, nearby streets, landmarks, streams, and the like, a written description of the general area, a written description of the subject tract with relationships of buildings one to another, and a written description of each building with exterior and interior word pictures.

[2] Historic narrative telling the story of the subject tract and including a bibliography.

[3] Chain of title including documentation of the source of the information such as the deed or will book, volume, page number, and the like.

[4] Photographic documentation including general photos of property showing relationships of buildings and detailed photos (interior and exterior) of all buildings.

[5] Measured drawings labeled and cross-referenced to photographs of the same detail.

[6] Appendices including copies of deeds and wills, maps, and other supporting materials.

(c) A plan for the salvage of architectural features and/or building materials.

(4) Retention of local names. Applicants are encouraged to perpetuate historic names or geographic references that are traditionally associated with the area in which a development is located, rather than proposing development names that are not consistent with East Hempfield Township or Lancaster County traditions or culture.

§ 265-7.5 Hydrogeologic study.

A. When there is a reasonable probability that a development will affect or be affected by carbonate geologic hazards the Board of Supervisors shall require submission of a hydrogeologic study. In reaching a determination of whether a development will affect or be affected by carbonate geologic hazards, the Board of Supervisors shall consider the presence or absence of carbonate features in the vicinity of the subject tract, the results of this study, and such other reasonable information as may be available.

B. When a hydrogeologic study is required, an aquifer study [see § 265-7.2E(4)] shall also be required.

C. All hydrogeologic studies shall be prepared at the applicant's expense by a licensed geologist qualified in such matters. Each hydrogeologic study shall contain:

(1) A map showing all sinkholes, depressions, lineaments, faults, outcrops, springs, drainage entering the ground, water table, soil mottling and ghost lakes, and all features that may relate to the quality and availability of groundwater within 200 feet in all directions from the subject tract.

(2) A map outlining all private wells within a radius of 200 feet of the subject tract and all public water supplies, associated pipes, hydrants, and future service areas within 200 feet in all directions of the subject tract provided such information is available from public sources or documents.

(3) A listing of all referenced data, published and otherwise.

(4) A topographic site map with the subject tract clearly outlined.

(5) A map indicating the location and design of all on-site wastewater disposal systems and secondary systems.

(6) A description of anticipated water quality impacts to areas located down gradient and areas located along the geologic strike.

(7) A description of on-site mitigation measures that could be applied to minimize impacts of the development or to correct existing problems.

(8) Guidelines for the design and implementation of stormwater collection, conveyance, and management systems.

§ 265-7.6 Parks and open space.

[Amended 10-2-2024 by Ord. No. 2024-05]

A. Dedication. All subdivision and/or land development plans that propose new residential units shall provide for the dedication of land for park and open space uses and/or, upon agreement by the applicant, the construction of recreation facilities, the payment of fees in lieu thereof, the private reservation of land, or any combination thereof. All dedications of land for park and open space purposes shall be consistent with standards contained within the Township's Comprehensive plan.

B. (Reserved)

C. General requirements. Applicants shall designate areas for parks, playgrounds, or other public open space and recreational uses in accordance with the provisions of the Township's Comprehensive plan, Official Map, and/or other such plans/maps. The applicant shall make an irrevocable offer of dedication for such land to the Township, as required by the Board of Supervisors. Title to such land shall be good and marketable, free of liens or other defects, and acceptable to the Township Solicitor. The Board of Supervisors may, upon agreement of the applicant, authorize the transfer of the land to a homeowner's association or to a nonprofit corporation whose purpose is the conservation or preservation of land.

D. Purpose. All plans for subdivision and/or land development that propose new residential units shall provide for suitable and adequate recreation in order to:

(1) Ensure adequate recreational areas and facilities to serve the future residents of the land encompassed by the subdivision and/or land development plan.

(2) Maintain compliance with recreational standards as developed by the National Recreation and Parks Association.

(3) Reduce increasing usage pressure on existing recreational areas and facilities.

(4) Comply with the Township's Comprehensive plan with regard to size, distribution, and development of recreation areas.

(5) Ensure that all present and future Township residents have the opportunity to engage in many and varied recreational pursuits.

(6) Reduce the possibility of the Township becoming overburdened with the development and maintenance of many small, randomly planned, and widely separated recreation areas.

(7) Provide for the opportunity of combining small plots of dedicated land from several developments into larger, more usable tracts.

E. Amount of land to be dedicated.

(1) The minimum amount of land required to be dedicated for park and open space purposes for residential subdivisions and/or land developments shall be 0.055 acres per dwelling unit.

(2) Such land set aside shall be suitable to serve the purpose of active and passive recreation by reason of its size, shape, location and topography and shall be subject to the approval of the Board of Supervisors.

(3) All such required recreation areas shall be open to the public, whether offered for dedication or not.

(4) Areas not accepted for dedication.

(a) All or part of the recreation areas shall be offered for dedication to the Township, but the Township shall not be obligated to accept the same. All such recreation areas not accepted by the Township shall be irrevocably conveyed to a duly incorporated homeowners association, which shall be responsible to properly maintain perpetually all of such recreation areas, pay all taxes assessed to the land as well as any improvements thereon, supervise all activities conducted thereon, provide a maintenance bond to the Township in the amount of 50% of the appraised value of the recreation area and all improvements, and provide an annual certificate of insurance to the Township with minimum liability coverage in an amount determined by the Board of Supervisors.

(b) For those recreation areas not accepted by the Township, the requirements of this section shall be set forth in an ownership and maintenance agreement that shall be submitted to the Township for review and approval, and said agreement shall be recorded in the Office of the Lancaster County Recorder of Deeds.

(5) The deed of conveyance of such recreation areas shall contain a restrictive covenant limiting such land and improvements to the common use of the landowners within the subdivision and/or land development and, if applicable, to the general public for the purposes initially approved by the Township. The deed shall also contain a restriction that said lands and improvements may not be sold or disposed of by the homeowners association, except to another organization formed to own and maintain said recreation areas without first offering to dedicate the land and improvements to the Township.

(6) If the applicable Township plan and/or Official Map specifically designates a future park site within the acreage of the subject tract proposed for development, the subdivision and/or land development plans shall be designed in conformance with such designation in that all land required to be dedicated shall correspond to the location of the future park site.

(a) Should the amount of land required to be dedicated exceed the acreage of the future park site as designated within the applicable plan, the development proposal shall provide for such additional area to be located in a manner that best serves future residents of the proposed development.

(b) Should the amount of land required to be dedicated fall short of the acreage of the future park site as designated within the applicable plan or if the proposed development involves only a portion of the development rights afforded to the subject tract, the applicant shall reserve that portion of the future park site which will best serve the immediate development. In addition, a sketch plan shall be prepared to depict how full build-out of the subject tract will be accomplished in a manner that respects the location of the future park site and ensures its accessibility to all future dwellings on the subject tract. As an alternative to such piecemeal dedication:

[1] The Board of Supervisors may opt to purchase that portion of the future park site, in which case, the future dedication of land associated with the development of the subject tract would proceed in accordance with the provisions of § 265-7.6M; or

[2] The developer may opt to improve the park up to the cost difference represented by the value of the additional land area that would otherwise be dedicated (said value to be established via § 265-7.6F below).

F. Fee in lieu of dedication. The applicant may, with the consent and approval of the Board of Supervisors, elect to pay a fee to the Township in lieu of the park and open space dedication and so note on the plans.

(1) The amount of the fee in lieu of dedication of land must be determined by the applicant and Township and agreed upon by the Board of Supervisors as part of the preliminary plan review and approval process. If no preliminary plan is required for the development, the fee in lieu shall be determined and agreed-upon as part of the final plan review and approval process.

(2) The amount of any fee to be paid in lieu of dedication of land shall be the fair market value of the land required to be dedicated and calculated as follows:

N x FMV = fee

Where:

N = the number of acres required to be dedicated for park and open space purposes calculated in accordance with § 265-7-6E(1)

and

FMV = fair market value per acre

The developer shall provide the Township with all information necessary to determine the fair market value of the land including a copy of the agreement of sale if the developer is the equitable owner or has purchased the land within the past two years or an appraisal of the property by an MAI appraiser acceptable to the Township.

(3) Such fee shall be payable to the Board of Supervisors prior to the recording of each final phase of the plan and shall be in an amount equal to the percentage of the total number of dwelling units in the phase.

G. Parkland acquisition fund. All fees paid by the developer in lieu of dedication of park and open space land shall be paid to the Township and upon its receipt shall be deposited in a separate interest-bearing account. Fees deposited to this account shall be administered as required by the PA MPC.

H. General design criteria.

(1) Except as provided in § 265-7.6J, K, and L, the type of areas to be dedicated for park and open space land within a subdivision and/or land development plan shall principally involve neighborhood parks which are defined as "those parks providing primarily active outdoor recreational opportunities located within a half-mile radius from a majority of the residences to be served thereby." Exceptions to this will be when dedications are made to a community park which serves the subdivision and/or land development and is located within a two-mile radius of the majority of the residences to be served or a county park which serves residences located within a ten-mile radius.

(2) The land set aside for park and open space uses shall meet the following design criteria:

(a) The park and open space land shall be reasonably located so as to serve all of the residents of the Township.

(b) The park and open space land shall be accessible from a street either directly or by pedestrian connection or shall adjoin and become a part of an already existing public park or open space area that is accessible from a street. Where access to the park is by a public street, the width of the frontage shall be a minimum length deemed necessary by the Township for access, visibility of the site, and public safety.

(c) The park and open space shall have suitable topography and soil conditions for use and development as a recreation area.

(d) Unless specifically approved by the Board of Supervisors as a modification of this section, no more than 25% of the park and open space land shall contain detention basins or other stormwater management facilities, or be located within a floodplain or wetland unless such area is part of a linear trail or greenway along an existing watercourse. In all cases, land containing detention basins or other stormwater management facilities, floodplains, or wetlands must be suitable for public recreation use without compromising the function of these areas.

(e) The park and open space land shall also be compact and contiguous unless the land is located adjacent to and combined with existing park and open space land, or specific topographic features require a different configuration. An example of such topographic features would be the provision of linear public open space along a scenic creek.

(f) The park and open space shall be interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township.

(g) When public park and open space land exists adjacent to the subject tract to be developed, the park and open space land shall be located to adjoin and enlarge the presently existing park and open space land.

(h) The park and open space land shall be accessible to utilities such as sewer, water, and power that are provided within the subdivision and/or land development, and if so, the developer shall extend such utilities to the park and open space land.

(i) If the developer is planning to construct facilities for recreation on the dedicated property as an amenity for the development, such facilities shall be constructed in accordance with current standards established by the National Recreation and Park Association. Where applicable, facilities constructed shall also comply with the accessibility guidelines of the Americans with Disabilities Act of 1990. Playground equipment constructed or placed on parkland shall be in compliance with guidelines of the Consumer Products Safety Commission.

I. Recreation facility development.

(1) Developers required to dedicate land for recreation shall develop the recreation areas according to the National Park, Recreation and Open Space Standards and Guidelines published by the National Recreation and Park Association in 1983 and any succeeding updates or revisions.

(2) Specific facilities to be constructed shall conform to the previously referenced criteria based upon the size of the recreation area being dedicated.

(3) In cases where the opportunity exists to combine dedicated recreation areas with that of another subdivision and/or land development, the developer shall escrow funds intended for later construction of facilities on a combined recreation area according to the development's percentage contribution to the ultimate combined recreation area. The Township shall develop the combined recreation area with the escrowed funds when the remaining portions of the land have been conveyed to the Township.

(4) Final subdivision and/or land development plans shall indicate location and specifications of all recreation facilities to be constructed and shall include a legal description of the recreation area.

(5) There shall be submitted to the Township security for the completion of recreation facilities in the same manner as other public improvements.

(6) Design of recreation areas shall be reviewed by the Planning Commission and approved by the Board of Supervisors. New parks, recreation facilities, trails, and/or linear parks shall conform to applicable Township recreation, park, and open space plans and Official Maps. The Township may also consider county park plans and/or Township, regional, and county Comprehensive plans. In approving any type of recreation facility, the Board of Supervisors may require the dedication and improvement of facilities that can be credited toward the recreation and open space land-area requirements of this chapter.

J. Existing trails.

(1) When a subdivision and/or land development is traversed by or abuts an existing public trail, customarily used by pedestrians and/or equestrians, the applicant shall make provision for the continued recreational use of the trail, subject to alterations of the course of the trail within the boundaries of the development under the following conditions:

(a) The points at which the trail enters and exits the subject tract shall remain unchanged; unless the safety of the trail users would be compromised, whereupon the developer is responsible for making necessary modifications to assure the trail users' safety.

(b) The design and construction of the proposed alteration meets or exceeds the design and construction of the existing trail.

(c) The proposed alteration does not run coincidentally with the paved street intended for use by motorized vehicles.

(2) The land set aside for the continuation of such existing trail shall be credited towards the amount of park and open space land requirement.

K. New proposed trails and linear parks. New/proposed trails or linear parks shall conform to applicable Township master park and open space plans, Official Maps, county-wide trail and recreation master plans, and appropriate Township and county Comprehensive plans. The Board of Supervisors may require, as a condition of final plan approval, the dedication and improvement of trails and linear parks, which may be credited toward the park and open space land requirement.

L. Historic features. Notwithstanding § 265-7.4, historic features and other points of interest shall be preserved and may be credited toward park and open space land requirements under the following conditions:

(1) The feature being preserved shall be listed upon a Township, county, state or national roster or inventory of features, monuments, or places of historic or general interest, or the applicant shall by some other means demonstrate to the satisfaction of the Board of Supervisors that the said feature is of sufficient public interest to warrant preservation. Historic features may include, but shall not necessarily be limited to, historically, culturally, or architecturally significant buildings, monuments, or sites unique or historic landscape elements, or archaeological sites, and any other feature which shall be deemed by the Board of Supervisors to be of historic or cultural value to the Township.

(2) The historic feature shall be situated upon a tract of land of sufficient size to meet zoning requirements and to retain its integrity of setting, although not necessarily the exact condition, of the environs of the said feature prior to construction of the proposed development. The amount of credit toward park and open space land requirements shall be equivalent to the size of the tract.

(3) The historic feature shall not be moved.

(4) The developer may be required to provide interpretive signage explaining the significance of the historic feature.

(5) The historic feature and the tract upon which it is located shall be maintained by the landowner of the tract, a community association, a public agency, or a private conservation group which shall be responsible for the maintenance of the historic feature and the tract upon which it is located.

(6) The developer shall be responsible for improvements to the site deemed by the Board of Supervisors to protect public safety.

(7) The Township shall maintain a permanent record of all historic features which have been credited to park and open space land requirements as well as the amount of land per feature so credited.

M. Municipal fund reimbursement. The Township may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the Township does purchase park and open space land within a distance of 1/2 mile, subsequent park and open space land dedications within that area may, upon agreement with the applicant, be in cash only and shall be calculated on a percentage basis to reimburse the Township's actual cost of acquisition and/or cost of development of such land for park and open space purposes. The cash amount shall be determined in accordance with § 265-7.6F.

N. Additional recreation reservations. The provisions of this section are minimum standards and shall not be construed as prohibiting a developer, with the approval of the Board of Supervisors, from dedicating or reserving other land for recreation purposes in addition to the requirements of this chapter.

O. Private reservation of land. Notwithstanding anything contained in the above sections, the applicant may, with the approval of the Board of Supervisors, elect to fulfill the park and open space land requirements through the private reservation of a recreation area.

(1) Any development that proposes the private reservation of land shall be accompanied by an agreement, which is acceptable to the Board of Supervisors, and which shall be recorded prior to or concurrent with the preliminary or final plan. Such agreement shall stipulate:

(a) That maintenance of the designated open space is the responsibility of the applicant, a homeowners' association, a condominium unit owners' association, or other recognized conservation organization.

(b) The availability of such private open space to nonresidents of the development, as applicable.

(c) The method by which the private reservation may be offered for dedication.

(d) That the land cannot be developed for anything other than park and open space purposes.

(e) That the land cannot be sold or disposed of by the association except to another organization formed to own and maintain said park and open space and without first offering to dedicate the land and improvements to the Township.

(2) If such lands are to become common elements of a homeowners' or condominium unit owners' association of any type, then such associations' organizational bylaws must conform to the requirements of applicable state law.

P. Construction of recreation facilities.

(1) Notwithstanding anything contained in the above sections, the applicant may, with the approval of the Board of Supervisors, elect to fulfill the park and open space land requirements through the construction of recreational facilities. All approved recreation facilities constructed in lieu of land dedication shall be included within the cost estimate for the improvement guarantee.

(2) All approved recreation areas shall be developed and dedicated before 50% occupancy has been reached in any applicable subdivision and/or land development. Withholding of building permits may occur to ensure compliance with this provision.

§ 265-7.7 Traffic impact study.

A. Study required.

(1) Abbreviated traffic impact study. Based on trip-generation calculations prepared on the basis of the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, whenever a proposed development will generate 20 to 99 new vehicle trips in the peak direction (inbound or outbound) during the site peak traffic hour, the applicant shall perform an abbreviated traffic impact study. Based on this study, certain improvements may be identified as necessary to provide safe and efficient access to the development. The abbreviated traffic impact study shall include:

(a) A capacity analysis report prepared under the supervision of a qualified and experienced transportation engineer.

(b) The study area for the capacity analysis report shall only include all proposed intersections.

(2) Comprehensive traffic impact study.

(a) Based on trip-generation calculations prepared on the basis of the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, whenever a proposed development will generate 100 or more new vehicle trips in the peak direction (inbound or outbound) during the site peak traffic hour, the applicant shall perform a comprehensive traffic impact study. Based on this study, certain improvements may be identified as necessary to provide safe and efficient access to the development.

(b) Transportation demand management measures such as staggered start and end work times, telecommuting, utilization of transit, greenway or trail linkages, park and ride lots, and the like may be used to reduce trip generation for the proposed development. If such measures will reduce the new vehicle trips in the peak direction during the peak traffic hour to less than 100, then an abbreviated traffic impact study may be performed in lieu of a comprehensive study. When such trip reduction measures are used to justify performance of an abbreviated study as permitted by this section, a developer and successors shall be bound by a recorded agreement to implement such measures. The terms and form of agreement shall be as mutually agreed upon by the Township and the developer.

(3) In addition, a comprehensive traffic impact study shall be prepared at the discretion of the Township Board of Supervisors whenever either of the following conditions exists within the traffic impact study area:

(a) Current traffic problems exist in the local area, such as a high crash location, confusing intersection, or a congested intersection that directly affects access to the development.

(b) The ability of the existing street system to handle increased traffic or the feasibility of improving the street system to handle increased traffic is limited.

B. Traffic impact study requirements.

(1) Area of traffic impact study. The traffic impact study area shall be based on the characteristics of the surrounding area. The intersections to be included in the study shall be adjacent to the subject tract or have direct impact upon the access to the subject tract. The intersections shall be mutually agreed upon by the Township and the transportation engineer preparing the study.

(2) Preparation by transportation engineer required. Traffic impact studies shall be prepared by or under the supervision of qualified and experienced transportation engineers with specific training in traffic and transportation engineering.

(3) Traffic impact study standards. All traffic impact studies, including abbreviated and comprehensive traffic impact studies, shall be completed in accordance with PennDOT's "Policies and Procedures for Traffic Impact Studies" and PennDOT's Publication #46: Traffic Engineering Manual, latest edition.

(4) Documentation required. A traffic impact study report shall be prepared to document the purpose, procedures, findings, conclusions, and recommendations of the study.

(a) The documentation for a traffic impact study shall include, at a minimum:

[1] Study purpose and objectives.

[2] Description of the site and study area.

[3] Existing street system conditions in the area of the development. In the case of a proposed commercial or industrial development, the anticipated weight of vehicles shall be compared to the loading capacity of the existing cartway.

[4] Recorded or approved developments within the traffic impact study area.

[5] Trip generation, trip distribution, and modal split.

[6] Projected future motorized and nonmotorized traffic volumes.

[7] An assessment of the change in street system operating conditions resulting from the development traffic.

[8] Recommendations for access to the subject tract and transportation improvements needed to maintain and/or improve motorized and nonmotorized traffic flow to, from, within, and past the subject tract at an acceptable and safe level of service.

[9] Transit location, availability of bike routes, connection to a park and/or trail system.

(b) The analysis shall be presented in a straightforward and logical sequence. It shall lead the reader step-by-step through the various stages of the process and resulting conclusions and recommendations.

(c) The recommendations shall specify the time period within which the improvements should be made (particularly if the improvements are associated with various phases of the development construction), and any monitoring of operating conditions and improvements that may be required. The recommendations shall also identify who will be responsible for making the improvements.

(d) Data shall be presented in tables, graphs, maps, and diagrams wherever possible for clarity and ease of review.

(e) To facilitate examination by the Township, an executive summary shall be provided, concisely summarizing the purpose, conclusions, and recommendations.

C. Improvements.

(1) Responsibility for improvements. The applicant shall be responsible for the improvements required to provide safe and convenient ingress and egress to the development.

(2) Coordination with Township requirements. The applicant shall be responsible for other improvements related to the results of the traffic impact study as may be agreed to with the Township, consistent with the provisions of the PA MPC.