The following shall apply to all subdivision and land development proposals:
A. 
All portions of a tract shall be designated as to their use, such as lots, roads, open space, parking areas, etc. No remnants and landlocked areas should be created.
B. 
Whenever possible, applicants shall preserve scenic areas, historic sites, other community assets and landmarks, and natural amenities such as trees and waterways.
C. 
Plans shall be designed to avoid excessive cut or fill.
D. 
Floodplain and wetland areas shall not be subdivided or developed except in strict compliance with the standards and requirements of this chapter, Chapter 170, Zoning, the Lower Frederick Township Floodplain Conservation District Ordinance No. 85-3,[1] the Township's building code,[2] and federal and state regulations.
[1]
Editor's Note: Ordinance No. 85-3 is on file in the Township offices.
[2]
Editor's Note: See Ch. 61, Construction Codes, Uniform.
E. 
The applicant shall construct, install, and guarantee, at no expense to the Township, all improvements required as part of plan approval, including, but not limited to, streets, curbs, sidewalks, water and sewage facilities, stormwater management facilities, streetlights, fire hydrants, road signs, monuments, lot pins, utilities and shade trees. Construction and installation of such facilities and utilities shall be subject to inspection by appropriate Township officials during the progress of the work, and the subdivider shall pay for inspection.
F. 
When only a portion of a tract is being reviewed, relative to subdivision or land development, but where future subdivision and or land development is imminent, the applicant shall, at the discretion of the Board of Supervisors, demonstrate that the remainder of the tract or parcel may be subdivided or developed in conformance with the existing zoning classification of land use in a logical and satisfactory manner.
G. 
Where the subdivision or land development is inaccessible to sanitary sewers, the governing body shall require the subdivider, developer, or builder to obtain from the Sewage Enforcement Officer or Planning Commission, certificates of approval of the sewage disposal facilities to be provided by the subdivider, developer, or builder.
H. 
The Board of Supervisors may request that development features exceed these standards if conditions so warrant.
I. 
Improvements shall be constructed in accordance with the Township's Engineering Standards, referenced in the Appendix, herein.[3]
[3]
Editor's Note: The Engineering Standards are included at the end of this chapter.
The standards in this article are the minimum requirements used to judge the adequacy of subdivision and land development proposals.
A. 
If strict application of these requirements would be unreasonable, the applicant may request a waiver be granted by the Board of Supervisors.
B. 
The Township Planning Commission may, in such cases, recommend reasonable modifications to the Board of Supervisors.
C. 
The Board of Supervisors may modify or adjust the standards of this chapter to permit reasonable utilization of property in substantial conformance with the objectives of the regulations and the public interest. All requests for a modification shall:
(1) 
Be in writing and part of an application for subdivision and/or land development;
(2) 
State the grounds and facts of unreasonableness or hardship on which the request is based;
(3) 
List the provision(s) of the chapter involved; and
(4) 
State the minimum modification necessary.
All new streets and extensions and widenings of existing streets:
A. 
Shall be offered for dedication to the authority having jurisdiction over the street at the time of plan approval. The Township may accept or refuse dedication of lands which are not accepted by other jurisdictions.
B. 
Shall conform with the circulation element of the Township Comprehensive Plan, as amended, Township Ultimate Right-of-Way Map, and county or state highway plans, and be coordinated with existing streets.
C. 
Shall provide appropriate access between abutting tracts of land for immediate or future use.
D. 
Shall create a road hierarchy among interior subdivision and land development streets and exterior streets to insure proper through traffic flow, local access, and internal traffic distribution and flow.
E. 
Shall be related closely to existing topography to assure reasonable grades, alignment and drainage, appropriate access to lots, and to minimize regrading and removal of vegetation.
F. 
Shall be designed to continue existing streets at equal or greater right-of-way and cartway width, as recommended by the Township Engineer and Planning Commission.
G. 
Shall be assigned street names and numbers by the developer to correspond with existing house numbering and street name system, subject to approval of the Township.
In its design manual, PADOT classifies streets according to standards established by AASHTO. The Township is using the same classification system in order to coordinate highway improvements with neighboring municipalities, the region, and the state. Every street, road, or highway within the Township shall be classified by its function as one of the following, and shall be subject to the requirements for its classification as contained in this article:
A. 
Freeways and limited access highways are expressways with fully controlled access. Through traffic is given preference, with access permitted only at interchanges with selected public roads; at grade crossing; and direct private driveway access are prohibited. The Pottstown Expressway is the only highway in the area under this classification, and there are no such highways within the Township.
B. 
Arterials provide a relatively high-speed, high-volume network for travel between major points. They are further classified into the following subclassifications, and are regulated as explained therein:
(1) 
Principal arterials carry most trips entering or leaving an area. Right-of-way width is 100 feet with a forty-foot cartway being typical, widening to 64 feet to accommodate intersection, through, and turning movements. In constricted areas, such as Zieglerville, the right-of-way is reduced and may vary between 50 and 60 feet. Routes 29 and 73 are principal arterials.
(2) 
Minor arterials interconnect with and augment principal arterials. They accommodate trips of moderate length and emphasize access to services. Right-of-way width is 80 feet with a fifty-two- to sixty-four-foot cartway width. No roads in the Township are classified as minor arterials.
C. 
Collectors serve mainly to collect traffic from local streets and channel it to arterials. They carry moderate traffic volumes at moderate speeds. They are further divided into major and minor collector roads, but both have the same right-of-way and cartway width requirements. Their required right-of-way width is 60 feet with a varying cartway between 24 and 36 feet.
(1) 
Major collectors serve the more important intracounty travel corridors. State Game Farm Road is the only major collector in the Township.
(2) 
Minor collectors provide service to the remaining small communities. Delphi Road, Hendricks Road, Little Road, Main Street, Meng Road, Neiffer Road, Salford Station Road, Smith Road, Spring Mount Road, and Zieglerville Road are all classified as minor collectors.
D. 
Local roads and streets provide access to most properties within the Township, linking them to the collector road network. They provide for travel over relatively short distances and have relatively low traffic volumes. Through traffic movement is discouraged on local roads. Local streets in the Township are all other streets not listed in one of the higher classifications. They can be further classified as follows:
(1) 
Residential subdivision streets provide vehicular access and street frontage to lots and dwellings within a residential subdivision. The right-of-way width is 50 feet, but the cartway width varies. When there is no on-street parking and lot sizes are half an acre or more, or when townhouse/apartment developments need spillover parking, cartway width is 24 feet, enough to accommodate two traffic lanes and enough additional width for emergency stopping, without the need to accommodate on-street parking. Residential subdivisions with on-street parking and lot sizes less than half an acre have a cartway of 28 feet to accommodate on-street parking on one side, or even in a "staggered" pattern on both sides.
(2) 
Nonresidential subdivisions provide vehicular access and street frontage for industrial or commercial lots and land uses. The right-of-way width is 50 feet with a cartway of 30 to 38 feet, enough to handle frequent truck traffic.
[1]
Editor's Note: The Functional Road Classifications Map and the Street Functional Classification and Standards are included at the end of this chapter.
Sight distance, horizontal and vertical curvature, super-elevation, and maximum and minimum street grades shall be determined by the Township Engineer in compliance with the standards contained in "A Policy on Geometric Design of Highways and Streets," published by the American Association of State Highway Transportation Officials, most recent edition, or PADOT standards, whichever is more restrictive. In addition, the following standards and guidelines shall be complied with:
A. 
Horizontal curvature for all local access streets shall be not less than 150 foot radius, measured along the street center line.
B. 
Long radius, gentle curves are encouraged rather than shorter radius curves connected by tangents.
C. 
Curve-tangent relationships shall follow accepted engineering guidelines for safety and efficiency. For example, minimum radius curves shall not be used at the ends of long tangents.
D. 
Street grades shall be measured along the center line in accordance with the following:
(1) 
Minimum grade for all streets shall be 1%.
(2) 
Maximum grades for arterials and collectors shall be 7% and for residential streets shall be 10% for distances of not more than 1,500 feet.
(3) 
Street grades in excess of 5% should be avoided wherever possible.
(4) 
Curve-grade combinations shall follow accepted engineering guidelines for safety and efficiency. For example, minimum radius horizontal curves will not be permitted in combination with maximum grades.
(5) 
At all approaches to intersections, street grades shall not exceed 3% for a minimum distance of 50 feet from the intersection of curblines or edges of cartways.
All street intersections shall be governed by the standards of this section and the Township's Engineering Standards.[1]
A. 
Number of streets. Not more than two streets shall intersect at the same point.
B. 
Three-way/four-way intersections. Three-way or "T" intersections should be used instead of four-way intersections unless the four-way intersection can be justified in terms of necessary and desirable traffic movements.
C. 
Angle of intersections.
(1) 
All intersection approaches shall be designed at right angles unless sufficient reason exists to justify a lesser angle. However, no angle shall be less than 75° for intersections with principal or minor arterials or 60° for intersections between local roads, measured at the center line intersections.
(2) 
Where angled intersections are used it is preferable to design them so that the heavier traffic flow will make the obliquely angled turn rather than the acutely angled turn.
D. 
Improvements to existing intersections. When existing streets intersect at odd angles or have more than four approaches, the applicant shall improve the intersection, to bring it into compliance with this chapter, as required by the Supervisors, who shall first seek the advice of the Township Engineer and Planning Commission and other technical advisors or agencies, as appropriate. For state and county highways, improvements shall comply with the requirements of the appropriate agency.
E. 
Waiver of improvements. The Supervisors may waive the above requirements for improvements under one or more of the following conditions:
(1) 
When changes made on the applicant's land will not improve the intersection's deficiencies.
(2) 
When other road improvements are already planned which would correct the problem without changes required of the applicant.
(3) 
When not required by PADOT where the intersections are under their jurisdiction.
F. 
Cul-de-sac intersections.
(1) 
Intersections with permanent cul-de-sac streets shall be designed with the cul-de-sac street extending as a side street from the through street, rather than have a through street extend through an intersection to terminate as a cul-de-sac.
(2) 
Four-way intersections may be created using two permanent cul-de-sac streets intersecting directly opposite one another along a through street, when the through street is a local access street.
G. 
Approaches to intersections. Approaches to intersections shall follow a straight course for a minimum of 50 feet for local roads. All other streets shall follow a straight course in accordance with accepted engineering standards, but in no case less than 50 feet.
[1]
Editor's Note: The Engineering Standards are included at the end of this chapter.
Street intersection spacing shall be done in compliance with the regulations contained in this section, measured from center line to center line.
A. 
The spacings listed in this section shall be considered minimum spacings. Where greater spacing is required in compliance with AASHTO or PADOT standards, the greater spacing distances shall be applied, as determined by the Township Engineer.
B. 
Principal arterials.
(1) 
Street intersections with principal arterials shall be spaced a minimum of 800 feet apart when located on the same side of the street.
(2) 
When located on opposite sides of the streets, street intersections with principal arterials should be located a minimum of 800 feet apart where practicable, but may be spaced as close as 400 feet apart if necessary and/or preferable in terms of sight distance and other safety related factors.
(3) 
For intersections that would have to be less than 400 feet apart, first preference should be given to locating the streets opposite one another as a four-way intersection, otherwise the best solution should be sought in terms of accepted traffic safety standards.
(4) 
Street intersections within a village on principal arterials shall be located a minimum of 400 feet apart wherever practicable, whether on the same or opposite sides of the street.
(5) 
For intersections within a village that would have to be less than 400 feet apart, first preference should be given to locating the streets opposite one another as a four-way intersection; otherwise the best solution should be sought in terms of accepted traffic safety standards.
C. 
All other streets. Street intersections with all other streets shall be spaced the minimum distances apart as specified for the classifications listed below, whether on the same or opposite side of the street:
(1) 
Major collectors: 600 feet.
(2) 
Minor collectors: 400 feet.
(3) 
Local roads: 300 feet.
D. 
Offset intersections. In any case where center line of street intersections are or would be within 150 feet of each other, they shall be made to coincide by relocating the street within the applicant's land, unless additional problems of sight distance or other safety-related problems would be created. As an alternative, relocation further away from the offset intersection may be done in compliance with the intersection spacing requirements contained herein, when approved by the Board of Supervisors.
[Amended 9-24-2024 by Ord. No. 2024-01]
A. 
Any street which is served by only one intersection with a through street shall be considered a single-access street, regardless of the street's configuration within the proposed subdivision or land development. Included in this classification of streets are:
(1) 
Cul-de-sac streets (temporary and permanent).
(2) 
Multiple cul-de-sac streets.
(3) 
Single-access loop streets.
(4) 
Stub streets.
B. 
Single-access streets shall be subject to the requirements for their classification of street, notwithstanding their single-access status.
C. 
Permanent cul-de-sac streets:
(1) 
Shall be permanently closed at one end.
(2) 
Shall be provided with a vehicular turnaround at the closed end with a right-of-way radius of at least 50 feet, and a paving radius of at least 40 feet.
(3) 
Shall not exceed 800 feet or 15 dwelling units, whichever comes first. Permanent cul-de-sac streets shall have a minimum length of 250 feet.
(a) 
Measurement of the length shall be made from the edge of pavement of the through street to the most distant point on the edge of pavement of the turnaround, measured along the cul-de-sac street's center line.
(b) 
Special conditions for exceeding the length requirement may include, but not be limited to:
[1] 
Extreme topographical restrictions (slopes, floodplains, etc.).
[2] 
Oddly shaped tract configuration.
[3] 
Lack of alternative outlets.
(c) 
Shall be served by an appropriately located emergency accessway when required by the Supervisors.
(d) 
The Township may request the applicant to provide a permanent easement for snow removal from the cul-de-sac bulb. The location of this easement shall be determined by the Township. The easement shall have a minimum length along the right-of-way line of 40 feet and a depth of 15 feet. When curbing is required, a curb depression shall also be placed in this easement area. No shrubbery, fence, mailbox, or any other obstruction shall be placed within the easement to hinder the placement of the snow. In addition, parking is prohibited on the cul-de-sac by order of the Fire Marshal.
D. 
Temporary cul-de-sac streets:
(1) 
May be temporarily closed at one end, with the intent to extend the street onto the abutting tract upon its development.
(2) 
Shall be built to the tract boundary line or phase line at a location and grade that are logical for extension onto the abutting tract, but shall not exceed 800 feet in length or 15 dwelling units, whichever comes first, unless approved by the Supervisors when warranted by special conditions, as in Subsection C(3)(a) and (b), herein. Temporary cul-de-sac streets shall have a minimum length of 250 feet.
(3) 
Shall not be extended as a cul-de-sac street, but shall be connected to another through street, unless approved by the Supervisors when warranted by special conditions as in Subsection C(3)(b), herein.
(4) 
Shall form a logical step in the circulation pattern of the super block or area in which it is located.
(5) 
Shall be provided with a vehicular turnaround at the closed end, abutting the tract boundary, with a paving radius of at least 40 feet.
(a) 
Construction shall meet the same requirements as for a permanent cul-de-sac turnaround.
(b) 
Those portions of the turnaround extending beyond the street right-of-way shall be located on temporary access easements, valid only until the road is extended.
(c) 
Upon extension of the street, the full rights and responsibilities for the area of the temporary easements shall revert to the owners of the lots on which they were located.
(6) 
The developer responsible for extension of the street shall also be responsible for the following:
(a) 
Removal of all curbing and paving of the temporary turnaround beyond the width of the street's cartway.
(b) 
Installation of new sidewalk, curbing, and cartway paving to complete the street connection.
(c) 
Extension of utilities as necessary.
(d) 
Repair of any improvements damaged in this process.
(e) 
Grading, installation, and/or restoration of lawn areas where affected by this removal and construction process.
E. 
Multiple cul-de-sac streets:
(1) 
Are single-access streets which terminate in two vehicular turnarounds.
(2) 
Shall be avoided in favor of more desirable street layouts.
(3) 
May be permitted where the length of cul-de-sac is greater than 250 feet and less than 800 feet, measured from the through street intersection to each turnaround.
(4) 
May be permitted to exceed the eight-hundred-foot limit when approved by the Supervisors, when warranted by special conditions, as in Subsection C(3)(a) and (b), herein, or when qualified as a temporary cul-de-sac as regulated in Subsection D, herein.
(5) 
Shall be served by an appropriately located and designed emergency accessway when required by the Supervisors.
F. 
Single-access loop streets:
(1) 
Are single-access streets which circle back to intersect with themselves.
(2) 
Shall be discouraged but may be permitted when no alternatives are determined to be feasible and preferable by the Supervisors, upon advice of the Township Planning Commission and Engineer.
(3) 
When permitted, shall meet the following requirements:
(a) 
Shall not under any circumstances exceed 800 feet in length, measured from the intersection with the through street, along the center line of the loop to the point furthest from the through street intersection.
(b) 
Shall not contain or serve more than 15 residential lots or dwelling units.
(c) 
Shall be required to be served by an appropriately located and designed emergency accessway when required by the Supervisors.
G. 
Stub streets:
(1) 
Shall be provided in appropriate locations for vehicular access to abutting undeveloped lands when required by the Supervisors, upon advice of the Township Planning Commission and Engineer.
(2) 
Shall not be longer than:
(a) 
The depth of one building lot abutting the street; or
(b) 
The width of two building lots abutting the street.
(3) 
Shall not be provided with a vehicular turnaround.
(4) 
Shall be constructed to the property line in accordance with the standards of this chapter applicable to the classification of streets it will be upon extension.
Clear sight triangles shall be required to be maintained along all approaches to all street intersections, and all intersections of driveways with streets, in compliance with the standards herein.
A. 
Clear sight triangles shall be measured along street and driveway center lines, from their point of intersection.
B. 
Where differing classifications of streets intersect, the higher classification of street shall determine the dimensions used.
C. 
For driveways, the dimensions used shall be determined by the classification of street being intersected.
D. 
The clear sight triangle legs shall each measure as follows:
(1) 
Arterials: 125 feet.
(2) 
Collector streets: 100 feet.
(3) 
Local roads: 75 feet.
(a) 
Residential subdivision streets: 50 feet.
(b) 
Nonresidential streets: 50 feet.
E. 
Within the area of clear sight triangles, obstructions to visibility shall not be permitted within the following ranges of height:
(1) 
For all streets, between 2 1/2 feet and 12 feet above the edge of paving.
(2) 
Any plant materials placed within clear sight triangles shall be properly maintained to continually comply with the height restrictions herein. If not properly maintained, the Township reserves the right to trim or remove the plant materials, upon due notice to the property owner.
(3) 
Exceptions may be made by the Board of Supervisors to permit the following items in a clear sight triangle:
(a) 
One private sign or lamp post, provided that the post does not exceed one foot square or diameter, and that the sign or lamp itself is above the top height limitation.
(b) 
One shade tree, provided that, as the tree matures, its lower branches will be removed within the restricted height ranges.
(c) 
Existing shade trees, provided that the lower branches are removed within the restricted height ranges, and that the size, number, and arrangement do not impede adequate visibility. The Board of Supervisors may require removal of one or more trees as necessary to provide adequate visibility.
(4) 
Grading within a clear sight triangle shall not exceed a six-percent increase measured from the elevation of the edge of paving. Existing grades in excess of 6% shall be regraded into compliance.
(5) 
Where street or driveway grades drop off from an intersection, the Supervisors may modify these requirements as necessary to improve visibility at the intersection.
F. 
Minimum safe stopping sight distance.
(1) 
The intersection design should provide adequate sight distances for all vehicular maneuvers allowed at the intersection.
(2) 
These maneuvers include crossing the intersection roadway, performing a left turn onto the intersecting roadway, or performing a right turn onto the intersecting roadway.
(3) 
The required sight distance is different from each of the four types of controls that apply to at-grade intersections:
(a) 
No control.
(b) 
Yield control, where vehicles on the minor intersecting roadway must yield to vehicles on the major intersecting roadway.
(c) 
Stop control at two-way stop signs where traffic on the minor roadway must stop prior to entering the major roadway and at four-way stop signs where all movement on both streets must stop.
(d) 
Signal control.
(4) 
A Policy on Geometric Design of Highways and Streets (1984), by the American Association of State Highway and Transportation Officials, is the standard by which minimum safe stopping sight distance is to be evaluated.
A. 
Applicants shall submit tentative sketch plans to the Township Planning Commission, for their evaluation and advice, in the following circumstances:
(1) 
When five or more residential lots are proposed to be subdivided along an existing arterial or collector street.
(2) 
For all nonresidential proposals which require a new driveway or upgrading of an existing driveway to handle larger volumes of traffic than that which exists at the time of plan submission.
(3) 
For all proposals whose driveways would generate 25 or more vehicular trips per day, based on I.T.E. trip generation standards.
B. 
The Township Planning Commission shall review the proposal in accordance with the procedures of Article III of this chapter
C. 
Following evaluation by the Township Planning Commission, the applicant may submit plans to the state or Township for formal review and, as appropriate, approval and issuance of permits.
D. 
No driveway location, classification, or design shall be considered finally approved by the Township unless permits have been granted by the state and/or Township and preliminary plan approval has been granted by the Board of Supervisors for the subdivision and/or land development which the driveway(s) will serve.
A. 
Driveway intersections with streets:
(1) 
Shall provide adequate sight distance in compliance with AASHTO or PADOT standards.
(2) 
Shall not cause or contribute to:
(a) 
Hazards to the free movement of normal street traffic.
(b) 
Traffic congestion on the street.
(c) 
Interference with the design, maintenance, and/or drainage of the street.
(3) 
Shall be designed and constructed in compliance with Title 67, Chapter 441, of the Pennsylvania Code when intersecting a state road, unless Township standards are more restrictive.
(4) 
Shall be designed and constructed in compliance with the Township's Engineering Standards[1] when intersecting a Township road.
[1]
Editor's Note: The Engineering Standards are included at the end of this chapter.
B. 
In order to facilitate safe and efficient access between streets and driveways, the number of driveways permitted to serve individual parcels of land shall be kept to the minimum needed to adequately serve the parcel in question.
(1) 
Properties with frontages of 100 feet or less may be permitted not more than one driveway intersection with a street. Exceptions may be made when adjacent property owners share parking, or when the need is determined in a traffic study prepared by a qualified traffic engineer.
(2) 
Not more than two driveway intersections with the same street may be permitted for any parcel of land unless anticipated traffic volumes warrant more than two, and then only when supported by a traffic study prepared by a qualified engineer.
C. 
Driveway intersections serving individual parcels of land may be prohibited by the Board of Supervisors where such intersections would create congestion, interference, and/or hazards to traffic flow and safety by reason of street grades, land forms, vegetation, frequency of driveway intersections, limited sight distances, and/or high speed traffic flow. In such cases, the Board of Supervisors may permit reasonable alternative forms of vehicular access to the parcel of land by means of:
(1) 
Marginal access streets or driveways.
(2) 
Shared driveways.
(3) 
Reverse frontage lotting.
(4) 
Other means which are legally and technically suitable in the opinions of the Township Solicitor and Engineer.
D. 
Where driveway intersections are prohibited by the Board of Supervisors and alternative forms of vehicular access would cause an undue burden upon an applicant, the Board of Supervisors may permit an alternative interim access solution in compliance with the following:
(1) 
It is the safest feasible alternative, acceptable to the Township Engineer and/or PADOT.
(2) 
Suitable provisions are made for a preferable permanent access solution, consistent with Subsection C, above, including legal agreements to enable implementation of the permanent solution.
E. 
Distance from street intersections. Driveways shall be located as far from street intersections as is reasonably possible.
F. 
Choice of streets. When streets of different classes are involved, the driveway shall provide access to the street of lesser classification unless this requirement is waived by the Board of Supervisors for reasons of sight distance, incompatibility of traffic, grading, drainage, or other major reasons.
G. 
Stopping areas. Regardless of the driveway classification, all driveways shall be provided with a stopping area within which the grade shall not exceed 6%. The stopping area shall be measured as follows:
(1) 
The length of stopping area shall be a minimum of 20 feet, or the length of the longest vehicles anticipated to use the driveway, whichever is greater.
(2) 
Stopping areas shall be measured from the cartway line for all streets.
H. 
Clear sight triangles. Clear sight triangles shall be provided where driveways intersect streets in compliance with the standards of § 145-27, Clear sight triangles.
I. 
Rural residential driveways. Driveways intersecting rural roads shall comply with the following standards:
(1) 
All driveways shall be constructed so as not to impair drainage within the right-of-way, alter the stability of the improved areas, or change the drainage of adjacent areas.
(2) 
Where a drainage ditch or swale exists, the applicant shall install an adequate pipe under the driveway. The drainage pipe installed under driveways shall be at least 15 inches or equivalent cross section in diameter.
(3) 
All driveway surfaces shall be paved with asphalt for a distance of at least 15 feet from the edge of the roadway to the interior of the lot.
A. 
Parking shall not be permitted along driveways which serve as the entrance(s) or exit(s) to parking areas with a capacity of 50 cars or more, or along driveways serving parking areas of less than 50 cars when considered dangerous to public safety, upon advice of the Township Engineer and Planning Commission and at the discretion of the Board of Supervisors.
B. 
Parking areas shall not be located closer than 15 feet from any tract boundary line, nor less than 15 feet from any ultimate right-of-way line. These setback areas shall be landscaped in accordance with the requirements of § 145-42.
C. 
Where the edge of a parking area is located close to a street, driveway, or other parking area, and the provisions of Subsection B above do not apply, a minimum separation of 10 feet shall be provided between these features. This spacing shall consist of a raised landscaped area, preferably curbed, with planting in conformance with § 145-42, herein.
D. 
Dead-ended parking areas shall be discouraged when the required parking capacity can be accommodated in a layout that permits more convenient vehicular movements. However, extraneous through traffic flow should be avoided.
(1) 
Up to 30 parking spaces may also be located in a dead-ended parking area if there is no more desirable alternative feasible, and sufficient back-up areas provided for the end stalls.
(2) 
More than 30 parking spaces may be located in a dead-ended parking area only if a turnaround area is provided at the closed end, suitable for passenger car turning. The turnaround area may be circular, "T" or "Y" shaped, or other configuration acceptable to the Board of Supervisors.
Parking, related internal driveways, and parking aisles shall be governed by the following regulations:
A. 
General.
(1) 
Off-street parking facilities shall be provided in compliance with the parking requirements of Chapter 170, Zoning, the regulations contained herein, and the Township's Engineering Standards.[1]
[1]
Editor's Note: The Engineering Standards are included at the end of this chapter.
(2) 
Angled or perpendicular parking shall not be permitted along public or private streets, except where specifically permitted by this or other ordinances.
(3) 
The terms "parking lot," "parking area," and "parking" are interchangeable. "Internal driveways" serve the parking aisles, and "parking aisles" provide direct access to the parking spaces.
B. 
All parking lots.
(1) 
Parking shall not be permitted along driveways which serve as the entrance(s) or exit(s) to parking areas with a capacity of 50 cars or more.
(2) 
Parking areas shall be set back from tract boundary lines and ultimate right-of-way lines in compliance with the requirements of Chapter 170, Zoning. In any case not regulated by zoning, parking areas shall not be located closer than 15 feet from any tract boundary line or ultimate right-of-way line. These setback areas shall be landscaped in accordance with the requirements of § 145-42, Landscape requirements.
(3) 
Where the edge of an existing parking area is located close to a street, driveway, or other parking area and the property is proposed for subdivision and/or land development, a minimum separation of 10 feet shall be provided between these features where feasible. This spacing shall consist of a raised landscaped area, preferably curbed, with planting in conformance with § 145-42, herein.
(4) 
Dead-ended parking areas shall be discouraged when the required parking capacity can be accommodated in a layout that permits more convenient vehicular movements. However, extraneous through traffic flow should be avoided.
(a) 
Up to 30 parking spaces may also be located in a dead-ended parking area if there is no more desirable alternative feasible, and sufficient back-up areas provided for the end stalls.
(b) 
More than 30 parking spaces may be located in a dead-ended parking area only if a turnaround area is provided at the closed end, suitable for passenger car turning. The turnaround area may be circular, "T" or "Y" shaped, or other configuration acceptable to the Board of Supervisors.
(5) 
Handicapped parking stalls shall be installed in all parking lots as close and convenient to building entrances as is reasonable. The specific number and locations of handicapped stalls shall be determined by the Board of Supervisors in accord with current standards and with the advice of the Township Planning Commission and Engineer.
C. 
Residential parking lots.
(1) 
Parallel rows of parking spaces, which are not separated by an aisle, shall be separated by a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 145-42, herein.
(2) 
A single row of parking spaces located parallel to and between two aisles, shall be separated from one of the aisles by a raised and/or curbed planting strip, a minimum of five feet wide, landscaped in accordance with § 145-42, herein.
(3) 
Parking lots shall be divided into sections of not more than 32 cars each, with the sections separated by raised and/or curbed planting strips, a minimum of five feet wide, landscaped in accordance with § 145-42, herein.
(4) 
The entire parking lot perimeter shall be landscaped in compliance with § 145-42, herein.
D. 
Nonresidential parking lots.
(1) 
Parking lots with a capacity of from 15 to 40 cars shall require a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 145-42, herein, around the entire perimeter except where buildings, aisles, and walkways are located.
(2) 
Parking lots with a capacity of from 41 to 100 cars shall require a planting strip as in Subsection D(1), above, and an additional 10% raised and/or curbed planting area(s) within the perimeter of the lot, landscaped in accordance with § 145-42, herein.
(3) 
The ends of the rows of parking shall be designated by raised planted islands with painted lines or the use of different paving materials such as paving blocks or bricks as an alternative at the discretion of the Board of Supervisors.
(a) 
These planting strips shall be located parallel to the rows of parking, to serve the following purposes:
[1] 
To separate main access (entrance-exit) driveways from rows of parking spaces.
[2] 
To separate other major interior driveways from rows of parking spaces (service drives, general internal circulation).
[3] 
To separate large parking areas into smaller units at intervals of not more than four rows of parking stalls with each unit capacity not greater than 100 cars.
(b) 
The ends of rows of parking shall be designated as such by raised planted islands or the use of different paving materials such as paving blocks, bricks, or round stones, or some other alternative, at the discretion of the Board of Supervisors.
[1] 
Marked, end islands shall be equal in size to one parking space for each row of spaces.
[2] 
Parking shall be prohibited on these islands.
(4) 
The primary plant materials used shall be shade or canopy trees, chosen from the list of plant materials in § 145-43 or alternative plant materials approved by the Board of Supervisors. These trees shall be planted in the planting strips at a spacing equal to the minimum spacing recommended for the type of tree. Only canopy trees shall be planted in end islands for better visibility.
(5) 
Additional planting is encouraged and may include a variety of ornamental trees, shrubs, and ground covers, chosen from the list of plant materials in § 145-43, provided that:
(a) 
At the ends of planting strips at aisle and interior driveway intersections, drivers' visibility shall be maintained by limited planting for the end 35 feet.
(b) 
At the ends of planting strips between rows of parking spaces, visibility shall be maintained by limited planting for the end 20 feet.
(c) 
Limited planting shall mean:
[1] 
Not more than one shade or canopy tree within the area.
[2] 
No shrubs or ground cover plants exceeding two feet in height.
[3] 
No evergreen trees.
(6) 
The specific purposes to be served by these requirements are:
(a) 
To add visual character and improve the appearance of large parking areas by reducing their massiveness into smaller units.
(b) 
To provide shade for parked cars.
(c) 
To reduce random vehicular flow across parking areas.
(d) 
To permit a high level of visibility for those uses (stores, offices) for which visibility is an important factor.
(e) 
To facilitate snow removal and storm drainage, and to conserve energy in construction and resurfacing operations, by permitting relatively large units of paving surface, not obstructed by numerous, small, barrier island areas.
The following requirements apply to all driveways within all sites proposed for land development as well as to other sites proposed for development which will provide parking capacity for 50 or more cars:
A. 
Main access driveways (entrance-exit), and service driveways handling large trucks shall be a minimum paved width of 30 feet, with one lane in each direction, unless otherwise required by PADOT standards governing the volume of traffic anticipated.
B. 
Access driveways for cars and other small vehicles which are clearly secondary in importance may be reduced to 26 feet in paved width, unless otherwise required by PADOT standards governing the volume of traffic anticipated.
C. 
Interior storefront driveways in shopping centers shall be a minimum paved width of 35 feet, to allow one lane in each direction and a drop-off/pick-up lane along the sidewalks.
D. 
Interior driveways along other nonresidential buildings shall be a minimum paved width of 26 feet, except, where a drop-off/pick-up lane is proposed, the width shall be 35 feet.
E. 
Parking aisles (as defined) shall be a minimum of 24 feet wide with two-way traffic flow for convenience and efficiency.
F. 
One-way aisles and/or parking at less than right angles may be permitted only when:
(1) 
Right-angled parking and two-way aisles are not feasible because of site characteristics.
(2) 
Proven by the applicant to be superior for the particular development proposal.
(3) 
Provided in compliance with the dimensional standards of § 145-33, herein.
G. 
Wherever feasible, internal circulation driveways shall extend from main access drives in locations which permit and encourage entering traffic to turn and enter the parking aisles without first traveling along a building-front driveway. This feature is intended to reduce the volume of vehicular traffic along building front driveways to make it safer for pedestrian traffic.
A. 
Parking spaces shall be a minimum of nine feet by 18 feet in low turnover residential and employee office/industrial parking lots, and a minimum of 10 feet by 20 feet in higher turnover commercial lots and office/industrial visitor area lots. Handicapped parking stalls shall be 12 feet wide by 20 feet, provided at the rate of one space per 50 spaces or total capacity.
B. 
Parking lot dimensions shall be no less than those listed in the following table:
Parking Stall
Aisle Width
Angle of Parking
Depth
(feet)
Width
(feet)
One-Way
(feet)
Two-Way
(feet)
90°
18
9
25
25
60°
18
9
18
20
45°
18
9
15
18
Rear lots or flag lots, as defined herein, may be permitted by the Board of Supervisors, in accordance with the following standards and criteria:
A. 
Purposes of rear lotting.
(1) 
To permit reasonable subdivision of land which is physically constrained by unusual configuration of the tract or limited road frontage, and which could not be subdivided in a desirable manner using conventional streets and lotting patterns.
(2) 
Shall not be used as a means to avoid building a road.
B. 
Parts of a rear lot. Rear lots shall be comprised of two parts, the access strip and the body of the lot, in compliance with the following standards:
(1) 
The access strip shall be a minimum of 50 feet wide for its entire length.
(2) 
The access strip shall be a fee simple part of the rear lot, and shall not be a separate parcel or easement.
(3) 
The body of a rear lot shall comply with all the minimum dimensional requirements of the zoning district in which it is located. The area of the access strip shall not be counted toward the minimum lot area requirement.
C. 
Review factors. In reviewing applications for rear lots, the following factors will be considered by the Board of Supervisors, Planning Commission, and Engineer:
(1) 
The amount of road frontage and configuration of the property being subdivided.
(2) 
The sizes and number of lots proposed, including both the total number of lots and the number of rear lots.
(3) 
The type and character of road which the tract abuts.
(4) 
The topography of the parcel being subdivided, with an emphasis on saving trees and avoiding steep slopes.
(5) 
The economic impact on the Township of maintaining a road as compared to using rear lots.
(6) 
The visual and physical impacts of road construction from excessive regrading, for example, as compared to the use of access strips.
D. 
Design standards for rear lots.
(1) 
The length of the access strip shall be kept to a minimum.
(a) 
As a guide, the preferred length is approximately equal to the depth of one lot which complies with the minimum lot width and area requirements of the district in which it is located.
(b) 
No access strip should exceed three times the lot depth described above, unless the primary purposes of the additional length are to preserve farmland or other land for preservation of agriculture or rural character, by locating new development remote from road frontage.
(2) 
The location of the access strip should be logical relative to the body of the rear lot, surrounding lot configurations, and natural features of the land, and it shall intersect the public street at a safe, visible location.
(3) 
Turns greater than 60° should be avoided in access strips.
(a) 
It may be necessary to widen the access strip at such sharp turns to accommodate grading, drainage, tree preservation, or emergency vehicles.
(b) 
For access strips that may become roads, the Board of Supervisors shall require turns to be designed to accommodate horizontal curves required for roads.
(4) 
Driveways within access strips shall comply with the Township's Engineering Standards[1] for drainage and cartway, from the edge of road pavement to a distance of 15 feet to the interior of the lot.
[1]
Editor's Note: The Engineering Standards are included at the end of this chapter.
(5) 
When two access strips abut, they should share a common access point and driveway from the edge of pavement to a distance of at least 50 feet beyond the ultimate right-of-way line of the road, from which point either one common driveway or two individual driveways may continue. The shared portion shall be a minimum of 18 feet wide.
(6) 
When more than two access strips abut one another, the Board of Supervisors shall require, instead, the use of a public street, in accordance with the standards of this chapter.
The regulations contained herein shall apply in those areas identified as flood-prone in Chapter 170, Zoning. The Flood Boundary and Floodway Map shall be available in the Township Building for inspection. In regard to the adopted Floodplain Conservation District, the regulations contained herein shall apply to those areas defined and established as floodplain and not in conflict with the information provided in the Flood Insurance Study.
A. 
The regulations contained herein are intended to conform to the requirements of the National Flood Insurance Program, P.L. 93-234, and the Pennsylvania Flood Plain Management Act, P.L. 851, No. 166 of 1978,[1] and as either is amended. Furthermore, it is the purpose of these regulations to:
(1) 
Regulate the subdivision and development of floodplain areas in order to promote the general health, welfare, and safety of the community.
(2) 
Require that each subdivision lot or development site in floodplain areas be provided with a safe building site with adequate access; and that public facilities which serve such sites be designed and installed to preclude flood damage at the time of initial construction.
(3) 
Protect individuals from buying lands which are unsuitable for use because of flood hazards by prohibiting the subdivision and development of unprotected flood plain areas.
(4) 
Maintain the certification of Lower Frederick Township and the eligibility of the property owners in the Township for the benefits of the National Flood Insurance Program, P.L. 93-234.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Prospective developers shall consult with the Zoning Officer to make a determination as to whether or not the proposed subdivision or land development is located within an identified floodplain.
C. 
Where not prohibited by this or any other codes or ordinances, land located in floodplain may be subdivided or developed in accordance with this and any other codes or ordinances regulating such development.
D. 
The finished elevation of proposed streets within floodplain areas shall be a minimum of two feet above the base flood elevation. Drainage openings shall be sufficient to discharge flood flows without increasing flood heights onto lands of other property owners.
E. 
Storm drainage facilities shall be designed to convey the one-hundred-year flow without risk to persons or property. The drainage system shall ensure drainage at all points along streets, and ensure conveyance of drainage away from buildings.
F. 
The Board of Supervisors may require in a floodplain an underground system to accommodate a one-hundred-year flood and a secondary surface system to accommodate large, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of increased runoff onto adjacent properties.
G. 
All new or replacement sanitary sewer systems, whether public or private, located in floodplain areas shall be floodproofed, and all appurtenances thereto (including, but not limited to, pumping stations) shall be floodproofed up to a point two feet above the base flood elevation.
H. 
All new or replacement water systems, whether public or private, in floodplain areas shall be floodproofed up to a point two feet above the base flood elevation.
I. 
All other new or replacement public or private utilities and facilities in floodplain areas shall be elevated or flood proofed to a point two feet above the base flood elevation.
J. 
Waivers. Guidelines for relaxation from the requirements set forth in this section are as follows:
(1) 
A waiver shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) 
A waiver shall only be issued if there is:
(a) 
A determination that failure to relax the requirements would result in exceptional hardship to the applicant;
(b) 
A determination that the relaxing of a requirement will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(c) 
A determination that relaxing of a requirement will not result in any adverse impact on adjacent landowners either upstream or downstream.
(3) 
A waiver shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard to afford relief.
(4) 
The Township shall:
(a) 
Maintain a record of all waivers, including justification for their issuance; and
(b) 
Report such decisions issued in its annual report submitted to the Federal Insurance Administrator.
K. 
Where the subdivision or land development lies partially or completely in a floodplain, or where the subdivision or land development borders on a floodplain, the plan shall include detailed information identifying the following:
(1) 
Location and elevation of existing and proposed streets, water supply and sanitary facilities, and any other permitted improvements, soil types, and proposed floodproofing measures.
(2) 
Boundaries of the floodplain and the base flood elevation as defined in Chapter 170, Zoning.
The length, width, and shape of blocks shall be guided by the following:
A. 
Minimum dimensional requirements of Chapter 170, Zoning.
B. 
Respect for existing natural features which may constrain subdivision or land development.
C. 
Need to provide efficient, convenient and safe pedestrian and vehicular circulation, including the reduction of intersections with arterial streets.
D. 
Suitability of lotting pattern and building sites created by the blocks.
A. 
Lots shall meet or exceed the minimum area and width requirements of Chapter 170, Zoning.
B. 
Deep, narrow lots are to be avoided, except that lots for attached dwelling units may receive special consideration.
C. 
Wide, shallow lots are to be avoided.
D. 
Every lot shall contain a building envelope suitable for the type(s) of development proposed.
E. 
Every lot shall have usable frontage along the right-of-way of a public street, in compliance with Chapter 170, Zoning.
F. 
Lot lines shall be drawn parallel, concentric, at right angles, or radial to the right-of-way line whenever feasible and not otherwise justifiable by existing, permanent, natural or man-made features.
[Amended 4-6-2004 by Ord. No. 04-02]
All permanent and temporary cutting, filling, grading, regrading, and/or other forms of earth-moving activities shall be known as "grading" and shall be conducted only in compliance with Chapter 77, Grading and Excavations, of this Code; the Township Engineering Standards;[1] and the following requirements:
A. 
All grading shall be set back from property lines a sufficient distance to prevent any adverse effects on adjacent properties. At a minimum this distance shall be five feet.
B. 
Wherever grading will increase the volume or velocity of stormwater flow toward a property line the applicant shall install and maintain drainage facilities sufficient to prevent adverse effects on the adjoining property, in compliance with the Township's Engineering Standards. The construction and operation of these drainage facilities shall not cause any adverse effects on abutting properties.
C. 
Along property lines, where grading creates an abrupt drop-off from the abutting property, in contrast to a previously existing gradual change, the applicant shall be required to install a fence or other suitable protective barrier, at the discretion of the Board of Supervisors.
D. 
A permit shall be required for grading operations. Permits shall be issued by the Code Enforcement Officer upon recommendation of the Township Engineer for each tract, lot, parcel, or site which comprises a separate operation, unrelated to or not contiguous with nearby grading proposed or performed by the applicant. However, a permit shall not be required in the following situations:
(1) 
For grading activities less than 5,000 square feet in area.
E. 
A site grading plan shall be required for all major subdivision and/or land development plans as part of the preliminary plan application. The Township Engineer may require a site grading plan for other proposals where the effects of grading may be a concern.
F. 
Finished grade shall not contain slopes in excess of 3:1 or 33% incline, except where preexisting. Continuous slopes, created by site grading, of 25% or steeper shall not exceed eight feet in height unless terraced to direct and control stormwater runoff. Terraces shall be graded at every eight-foot raise in elevation. Terraces shall be a minimum of five feet in width and shall be designed to convey stormwater away from the downhill slope face, thereby preventing erosion and excessive velocities. This requirement does not apply to temporary stockpiles.
[Added 6-6-2006 by Ord. No. 06-04]
[1]
Editor's Note: The Engineering Standards are included at the end of this chapter.
The items listed below shall be designed, constructed, developed, installed, and/or maintained in conformance with the Township Engineering Standards[1] which have been adopted separately by resolution of the Board of Supervisors:
A. 
Street and driveway paving.
B. 
Curbing, sidewalks, and storm drainage related to or needed for streets and driveways.
C. 
Intersection radii for both curbs and rights-of-way.
D. 
Erosion and sediment control.
E. 
Stormwater runoff and other drainage facilities.
F. 
Utilities.
G. 
Sanitary sewer facilities.
H. 
Public or centralized water supply.
I. 
Fire hydrants.
J. 
Bridges, culverts, dams, and/or other structures related to watercourses.
K. 
All other items related to subdivision and/or land development for which it is reasonable and prudent to require compliance with accepted engineering principles and practices.
[1]
Editor's Note: The Engineering Standards are included at the end of this chapter.
Private roads are prohibited in the Township. All roads must meet Township requirements and be dedicated to the Township.
Sidewalks, curbs, and storm sewers shall be installed along all proposed public streets, common driveways, and common parking areas except when this requirement is waived at the discretion of the Supervisors, upon recommendation of the Township Planning Commission and Engineer. Engineering design and construction standards shall be those contained in the Township Engineering Standards.[1]
A. 
The Supervisors may waive the sidewalk requirements under one or more of the following conditions:
(1) 
Where proposed residential lot widths will be 125 feet or greater.
(2) 
The sidewalk(s) would not be an extension of an existing network which provides neighborhood or village circulation.
(3) 
An alternative pedestrian circulation concept can be shown to be more desirable, especially when using open space areas, provided that appropriate walks are provided between the open space walkways and the pedestrian origins and destinations.
(4) 
The rural character, low density of the area and/or small size of the proposal preclude the purposeful use of sidewalks.
B. 
The Supervisors may waive the curb and/or storm sewer requirement under one or more of the following conditions:
(1) 
The curbs and storm sewer would not be an extension of existing curbs and storm sewers.
(2) 
When an alternative system of protecting the pavement edge, and collecting and handling stormwater can be shown to be equal or superior to the use of curbs and storm sewers.
(3) 
When topographic conditions and/or low intensity of development do not require their use.
C. 
Regardless of the small size of a land development or subdivision proposal, sidewalks, curbs, and storm sewers shall be required wherever they fill a gap in an existing network.
D. 
If for any reason an interim waiver of these requirements is made, a sufficient guaranty shall be posted for the eventual installation of these items, subject to approval by the Supervisors, upon recommendation of the Township Engineer and Solicitor, in accordance with § 145-54 of this chapter.
E. 
Sidewalks shall not be less than four feet in width, although the Supervisors may require additional width in commercial, industrial, office, or higher-density residential areas where higher volumes of pedestrian traffic are anticipated.
F. 
Sidewalks shall be located a minimum of three feet from the curbline or edge of cartway, but shall not extend beyond the right-of-way line of public streets and shall not interfere with monuments or pins at lot corners.
G. 
Sidewalks shall be provided in appropriate locations to provide safe and efficient pedestrian access between parking areas and buildings.
H. 
Additional sidewalks shall be required where deemed necessary by the Supervisors to provide access to schools, churches, parks, community facilities, and commercial or employment centers, and to provide necessary pedestrian circulation within land development and/or subdivisions where otherwise required sidewalks would not be sufficient for public safety and convenience. Such additional sidewalks may be constructed of alternative materials, in compliance with the Township Engineering Standards.
I. 
Sidewalks shall be designed to facilitate access and use by the handicapped, in compliance with the Township Engineering Standards.
J. 
Driveway crossings shall be designed in compliance with the Township Engineering Standards.
[1]
Editor's Note: The Engineering Standards are included at the end of this chapter.
[Amended 6-10-2020 by Ord. No. 2020-01]
All land developments shall be required to install, maintain, and guarantee plant materials as required herein for the visual and other environmental benefits these plants will provide, as well as for the specific benefits of buffering or screening, or otherwise dividing spaces. A landscape plan prepared by a qualified horticultural professional shall be submitted as part of the preliminary plan submission. All trees must be planted in conformance with Appendix A,[1] Tree Planting Procedures. See 145 Attachment 4.[2]
A. 
Conservation of existing vegetation. All land developments shall be designed so as to minimize loss of mature trees (over six inches in caliper) or trees less than six inches in caliper of species that are listed as rare, threatened or endangered plants in Title 17, Pennsylvania Code Chapter 45, tree masses and woodlands to buildings, clearings, and/or grading. It shall be incumbent on the applicant to prove that the plan minimizes disturbance of these trees and woodlands, given the permitted development proposed.
(1) 
As determined by the Board of Supervisors and Planning Commission, the preservation of existing desirable mature trees, tree masses and woodlands may be counted in lieu of the landscape requirements herein, thereby reducing the amount of new plant material that would otherwise be required to be planted.
(2) 
Existing vegetation shown to remain as part of the landscape plan for a land development shall be identified in the field prior to any clearing and shall be physically protected throughout the construction process. A temporary physical barrier, such as a snow fence, shall be erected a minimum of one foot from the dripline on all sides of stands of vegetation or individual trees shown to remain prior to major clearing or construction. The barrier shall be placed to prevent disturbance to or compaction of soil inside the barrier and shall remain until construction is complete. The specific method of preserving existing vegetation shall be noted on the landscape plan and is subject to approval by the Township Engineer or other Township-designated professional.
B. 
Street trees.
(1) 
Street trees shall be required:
(a) 
Along all existing streets when they abut or lie within the proposed subdivision or land development;
(b) 
Along all proposed streets;
(c) 
Along access driveways which serve five or more residential dwelling units;
(d) 
Along major walkways through parking lots and between nonresidential buildings, as recommended by the Township Planning Commission.
(2) 
The street tree requirement may be waived by the Board of Supervisors, upon the recommendation of the Township Planning Commission, where existing vegetation is considered sufficient or to maintain scenic views of open space, farmland, or natural features.
(3) 
Street trees shall be provided by the subdivider or developer and shall meet the following standards:
(a) 
Trees shall be planted a minimum distance of five feet and a maximum distance of 15 feet from the ultimate right-of-way line on private land, toward the proposed development. However, in certain cases, as follows, the Board of Supervisors may permit trees to be planted within the ultimate right-of-way, upon the recommendation of the Planning Commission:
[1] 
In areas, such as existing villages, where front yards may be located within the ultimate right-of-way.
[2] 
In cases where closely spaced rows of street trees may be desirable, and future street widening is considered unlikely.
(b) 
Trees shall be so located so as not to interfere with the installation and maintenance of sidewalks and utilities. Trees shall be planted a minimum distance of three feet from curbs and sidewalks and six feet from underground utilities. Plantings near overhead utilities should use tree species with low mature heights (see § 145-43, Lists of plant materials).
(c) 
Trees shall be planted at a ratio of one tree per 50 linear feet of frontage. Street trees shall be spaced not less than 10 feet or more than 50 feet apart and may be clustered together to promote better growth and allow for flexibility in landscaped design.
(d) 
Trees shall be a minimum of 2 1/2 inches in caliper when planted.
(4) 
Tree planting procedures. Tree planting shall comply with the standards detailed in Attachment 145d, Tree Planting Procedures.
(5) 
Inspection by Township-designated professional shall be made to ensure that the requirements of § 145-42B(3) and (4) are met.
C. 
Buffer and screen planting. All nonresidential proposals abutting existing residential uses or residential zones shall provide landscaped buffers along adjacent property lines for the purposes of visually and functionally separating the nonresidential area from the residential area.
(1) 
Along all property lines adjacent to residential uses or zones a twenty-five-foot buffer yard shall be set aside for planting purposes only and shall not contain buildings, parking, utilities, or other accessory uses.
(2) 
A minimum planting quantity of one evergreen tree (see § 145-43, Lists of plant materials) for every 10 feet of affected property line shall be required within the buffer yard. Plantings are encouraged to be informally grouped within the entire length and width of the buffer yard. No tree shall be less than 10 feet or more than 35 feet from any other tree in the buffer yard.
(3) 
Large evergreen shrubs (see § 145-43, Lists of plant materials) may be substituted for evergreen trees at the rate of two shrubs for each required tree upon the recommendation of the Planning Commission and approval of the Board of Supervisors.
(4) 
Earth berms may be used in conjunction with the required plant material and may substitute for some required plant material at the discretion of the Board of Supervisors. Berms shall have a maximum slope of 4:1.
(5) 
Any existing plant material within the proposed buffer yard suitable for buffering purposes as determined by the Township shall remain and may substitute for required new plantings, at the discretion of the Board of Supervisors.
(6) 
A variety of tree and shrub species is encouraged. No species should comprise more than 25% of planted trees and shrubs. The use of species native to Pennsylvania (as identified by the Pennsylvania Department of Conservation and Natural Resources) is encouraged.
D. 
Light buffer planting. All multifamily residential or single-family attached residential shall have landscaping buffer areas according to the following:
(1) 
Along all property lines of the development, a twenty-five-foot buffer yard shall be set aside for planting purposes only and shall not contain buildings, parking, utilities, or other accessory uses.
(2) 
A minimum planting quantity of one canopy tree and two flowering or evergreen trees for each 100 feet of property line. Plantings are encouraged to be informally grouped within the entire length and width of the buffer yard.
(3) 
Large flowering shrubs may be substituted for flowering trees or evergreen trees at a rate of two for one.
(4) 
Any existing plant material within the proposed buffer yard suitable for buffering purposes, as determined by the Township, shall remain and may substitute for required new plantings, at the discretion of the Board of Supervisors.
[1]
Editor's Note: Appendix A is included as Attachment 4 (145d, Tree Planting Procedures) to this chapter.
[2]
Editor's Note: See 145d, Tree Planting Procedures, attached to this chapter.
[Amended 6-10-2020 by Ord. No. 2020-01]
The lists in this section are recommended for all planting required by this chapter. This list of plants is not to be considered exclusive. Other species may be appropriate for purposes of aesthetics, environmental conditions, or species diversity. Alternative plant materials may be used with the approval of the Board of Supervisors upon advice from a horticultural professional regarding their suitability for their purposes and locations.
A. 
Shade or canopy trees suitable for street trees or parking lots as well as for buffers and screens. Trees should be spaced at least 20 feet apart.
Acer rubrum
Red maple
Carpinus caroliniana
Ironwood
Fraxinus pennsylvanica lanceolata,* "Marshall's seedless"
Marshall's seedless ash
Corylus colurna
Turkish filbert
Gleditsia triacanthos, inermis
Thornless honeylocust
Koelreuteria paniculata
Golden rain tree
Nyssa sylvatica
Black gum
Ostrya virginiana
Hop hornbeam
Oxydendrum arboretum
Sourwood
Platanus occidentalus
Sycamore
Quercus bicolor
Swamp white oak
Quercus borealis
Scarlet oak
Quercus imbricaria
Shingle oak
Quercus marcrocarpa
Bur oak
Quercus phellos
Willow oak
Quercus pinus
Chestnut oak
Quercus rubra
Red oak
Robinia pseudoacacia
Black locust
Sophora japonica
Japanese pagodatree
Taxodium distichum
Bald cypress
Tilia americana
American linden
Tilia cordata
Little leaf linden
Tilia tomentosa
Silver linden
Ulmus parvifolia
Chinese lacebark elm
Zelkova serrata
Japanese zelkova
NOTE:
*
Avoid all Fraxinus species, with the exception of Fraxinus augustfolia and Fraxinus quadrangulata, until emerald ash borer status changes.
B. 
Shade or canopy trees suitable for property line buffers and nonvehicular use areas only. Minimum mature height: 30 feet or more. Trees should be spaced at least 30 feet apart and should be planted in a minimum eight-foot planting strip.
Acer saccharum
Sugar maple
Betula alleghaniensis
Yellow birch
Betula lenta
Sweet birch
Betula nigra
River birch
Carya ovata
Shagbark hickory
Cercidiphylum japonicum
Katsura
Fagus grandifolia
American beech
Fagus sylvatica
European beech
Fraxinus americana*
White ash
Ginkgo biloba
Ginkgo (male only)
Liquidamber styraciflua
Sweet gum
Liriodendron tulipifera
Tuliptree
Magnolia acuminata
Cucumbertree magnolia
Phellodendron amurense
Yellow wood
Plantanus acerifolia
London planetree
Quercus alba
White oak
Quercus coccinea
Scarlet oak
Quercus palustris
Pin oak
Quercus velutina
Black oak
Sassafras albidum
Sassafras
NOTE:
*
Avoid all Fraxinus species, with the exception of Fraxinus augustfolia and Fraxinus quadrangulata, until emerald ash borer status changes.
C. 
Trees having a moderate mature height, suitable for planting in proximity to overhead utilities:
Acer griseum
Paperbark maple
Acer pensylvanicum
Striped maple
Acer spicatum
Mountain maple
Amalanchier arborea, 15 ft. to 25 ft., maximum 40 ft.
Serviceberry
Amalanchier canadensis
Amalanchier laevis
Aralia spinosa
Hercules club
Asimina triloba
Pawpaw
Betula populifolia
Gray birch
Carpinus caroliniana
American hornbeam
Cercis canadensis
Eastern redbud
Chionanthus virginicus
White fringe tree
Cladrastis lutea
American yellowwood
Cornus florida
Flowering dogwood
Cornus kousa
Kousa dogwood
Cornus x
Rutgers hybrid dogwoods
Cornus mas
Cornelian cherry dogwood
Cotinus coggygria
Smoketree
Crataegus phaenopyrum etc.
Hawthorn
Davidin involucrata
Dovetree
Evodia daniellii
Korean evodia
Franklinia alatamaha
Franklinia
Halesia carolina
Carolina silverbell
Juniperus virginiana
Eastern red cedar
Koelreuteria paniculata
Golden raintree
Laegerstromeria indica
Crape myrtle
Maclura pomifera
Osage orange
Magnolia soulangeana
Saucer magnolia
Magnolia stellata
Star magnolia
Magnolia virginiana
Sweetbay magnolia
Malus spp.
Flowering crabapple
Ostrya virginiana
Hop hornbeam
Oxydendrun arboretum
Sourwood
Parrotia persica
Persian perrotia
Phellodendron amurensi
Amur corktree
Pinus bungeana
Lacebark pine
Pinus cembra
Swiss stone pine
Poncirus trifoliata
Hardy orange
Prunus pensylvanica
Pin cherry
Prunus serrulata
Flowering cherry
Prunus subhirtella
Higan cherry
Rhus aromatica
Fragrant sumac
Rhus typhinia
Staghorn sumac
Sassafras albidium
Sassafras
Sciadopitys verticillata
Japanese umbrella pine
Stewartia pseudocamellia
Japanese stewartia
Styrax japonicus
Japanese snowbell
Viburnum prunifolium
Blackhaw viburnum
Zanthoxylum amercanum
Prickly ash
The factors which render these trees suitable for this application include slow growth rate, moderate mature overall size potential, and decurrent vs. excurrent growth habit. An excurrent tree is characterized by a dominant central leader and pyramidal crown shape, whereas a decurrent tree has a broad, spreading form. Decurrent form trees, while often having less height potential than excurrent trees, may be less suitable in confined settings where room is limited for branch spread.
D. 
Evergreen shrubs suitable for site element screens:
Azalea - evergreen species must reach three-foot height
Azalea
Chamaecyparis obtusa
Chamaecyparis
Chamaecyparis pisifera
Chamaecyparis
Ilex crenata "Hetzi"
Japanese holly
Ilex glabra
Inkberry
Ilex meserveae
Blue holly series
Ilex verticillata
Winterberry
Juniperus chinensis "Hetzii glaucas"
Hetz blue juniper
Juniperus virginiana
Eastern red cedar
Kalmia latifolia and cvs
Mountain laurel
Leucothoe fontanesiana
Leucothoe
Pieris floribunda
Mountain Andromeda
Pieris japonica
Japanese Andromeda
Rhododendron sp.
Various large rhododendrons
Taxus sp.
Yew
Thuja sp.
Arborvitae
E. 
Evergreen trees suitable for property line buffers or site element screens:
Abies balsamea var. phanaerolepsis
Canaan fir
Abies concolor
White fir
Chamaecyparis pisifera
Sawara falsecypress
Ilex opaca
American holly
Magnolia grandiflora
Southern magnolia
Picea abies
Norway spruce
Picea omorika
Siberian spruce
Picea pungens
Colorado spruce
Pinus strobus
White pine
Pinus thunbergii
Japanese black pine
Tsuga canadensis
Canadian hemlock
Tsuga caroliniana
Carolina hemlock
F. 
Deciduous or evergreen shrubs suitable for clipped hedges in property line buffers or site element screens:
Acanthopanax pentaphyllus1
Five leaf aralia1
Aronia arbutifolia
Chokeberry
Buxus microphylla and vars.
Korean boxwood
Cornus mas
Cornelian cherry
Cotoneaster salicifolia
Willowleaf cotoneaster
Euonymus fortuneii 'Vegetus'
Big leaf wintercreeper
Ilex crenata compacta
Compact Japanese holly
Ilex crenata glabra
Inkberry
Ilex crenata hetzii
Hetz holly
Juniperus chinensis glauca hetzi
Hetz blue juniper
Juniperus chinensis pfitzeriana compacta
Compact Pfitzer juniper
Ligustrum ibolium
Ibolium privet
Philadelphus lemoinei
Mock orange
Ribes alpinum
Currant
Taxus baccata
English yew
Taxus brownii
Brown's yew
Taxus canadensis
Canada yew
Taxus densiformis
Dense yew
Taxus media hatfieldi
Hatfield yew
Viburnum dentatum
Arrowwood
Viburnum lentago
Nannyberry
Viburnum opulus
European cranberry bush
Viburnum prunifolium
Blackhaw
NOTE:
1
These plants have thorns and may not be suitable for areas near pedestrians or where blowing trash may be a problem.
G. 
Ornamental trees suitable for property line buffers or site element screens:
Amelanchier canadensis
Shadbush serviceberry
Cercis candensis
Red bud
Chionanthus virginicus
Fringetree
Cornus florida
Flowering dogwood
Cornus kousa
Japanese dogwood
Cornus mas
Cornelian cherry
Crataegus cv. Toba
Toba hawthorn
Crataegus mollis
Downy hawthorn
Crataegus oxycantha
English hawthorn
Crataegus phaenopyrum
Washington hawthorn
Hammamelis virginiana
Witch hazel
Koelreuteria paniculata
Golden raintree
Laburnum vossi
Goldenchain
Magnolia soulangeana
Saucer magnolia
Magnolia virginiana
Sweetbay magnolia
Malus sp.
Crab apple species - preferably disease-resistant cultivated varieties
Oxydendrum arboreum
Sourwood
Prunus sargentii
Sargent cherry
Prunus serrulata 'Kwanzan'
Kwanzan cherry
Rhus glabra
Smooth sumac
Rhus typhina
Staghorn sumac
Sorbus aucuparia
European mountain ash
Styrax japonica
Japanese snowbell
Syringa amurensis var. japonica
Japanese tree lilac
H. 
Large deciduous shrubs suitable for use in property line buffers or site element screen (not clipped hedges) (mature height between five and 15 feet):
Aronia arbutifolia
Black chokeberry
Calycanthus floridus
Sweet shrub
Cephalanthus occidentalis
Buttonbush
Clethra acuminata
Summersweet
Cornus sericea
Red osier dogwood
Enkianthus campanulatus
Redvien enkianthus
Forsythia sp.
Forsythia
Philadelphus spp.
Mock orange
Physocarpus opulifolius
Common ninebark
Sambucus canadensis
Elderberry
Spirea nipponica
Snow mound spirea
Vaccinium corymbosum
Blueberry
Viburnum acerifolium
Maple leaf virburnum
Viburnum dentatum
Arrow wood
Viburnum prunifolium
Black haw
Viburnum spp.
Other large viburnum
Viburnum trilobum
American cranberry
I. 
Ground cover plant material suitable for naturalized detention basins (source: Brandywine Conservancy):
(1) 
Wildflowers for wet meadows:
Asclepias incarnata
Swamp milkweed
Aster novae-angliae
New England aster
Aster puniceus
Purple-stemmed aster
Aster laevis
Smooth aster
Bidens aristosa
Bidens or tickseed sunflower
Bidens polylepsis
Bidens or tickseed sunflower
Eupatorium coelestinum
Mistflower
Eupatorium dubium
Joe-Pye weed
Eupatorium fistulosum
Holly Joe-Pye weed
Helenium nudiflorum
Purple-headed sneezeweed
Helianthus giganteus
Giant sunflower
Hesperis matronalis
Dame's rocket
Hibiscus palustris
Swamp rose mallow
Impatiens capensis
Jewelweed
Impatiens pallida
Jewelweed
Iris pseudacorus
Yellow iris
Lilium canadense
Canada lily
Lobelia cardinalis
Cardinal flower
Lobelia siphilitica
Blue lobelia
Ludwigia alternifolia
Seedbox
Monarda didyma
Bee-balm
Penstemon digitalis
Beardtongue
Pycnanthemum virginianum
Mountain mint
Rudbeckia laciniata
Green-headed coneflower
Rudbeckia triloba
Black-eyed susan
Senecio aureus
Golden ragwort
Solidago gigantea
Late goldenrod
S. graminifolia
Lane-leaved goldenrod
Zizia aurea
Golden Alexanders
(2) 
Wildflowers for wet edges:
Bidens aristosa
Bidens or tickseed sunflower
Bidens polylepsis
Bidens or tickseed sunflower
Hibiscus palustris
Swamp rose mallow
Iris pseudacorus
Yellow iris
Iris versicolor
Blue flag
Lobelia cardinalis
Cardinal flower
Lobelia siphilitica
Blue lobelia
Monarda didyma
Bee-balm
Scirpus acustus
Hardstem bulrush
Typha angustifolia
Narrow-leaf cattail
Typha latifolia
Common cattail
(3) 
Grasses for wet meadows:
Panicum virgatum
Switch grass
Phalaris arundinacae
Reed canary grass
Sorghastrum nutans
Indian grass
Tridens flavus
Red top
(4) 
Wildflowers and grasses for dry meadows:
Andropogon gerardi
Big bluestem grass
Andropogon scoparius
Little bluestem grass
Asclepias tuberose
Butterfly weed
Aster pilosus
Aster
Aster simplex
White aster
Elymus canadensis
Canada wild rye
Monarda fistulosa
Wild bergamot
Panicum virgatum
Switch grass
Pycnanthemum tenuifolium
Slender mountain mint
Rudbeckia hirta
Black-eyed susan
Solidago nemoralis
Old field goldenrod
Solidago speciosa
Showy goldenrod
Sorghastrum nutans
Indian grass
Tridens flavus
Red top
Veronicastrum virginicum
Culver's root
[Added 12-7-2021 by Ord. No. 2021-06]
A. 
All proposed subdivisions or land developments, except for those which qualify as minor plans, shall comply with the following:
(1) 
Conduct afforestation on the site in accordance with the following:
(a) 
A site located in the R-1 or R-2 Zoning Districts and having less than 25% of its base site area covered by woodlands shall be afforested up to at least 25% of the base site area.
(b) 
A site located in the VMU, OI, or LI Zoning Districts and having less than 15% of its base site area covered by woodlands shall be afforested up to at least 15% of the base site area.
(c) 
An landowner/developer of a site containing floodplains, floodplain soils, riparian buffers, wetland margins, and steep slopes, as such natural resources are defined and protected under Chapter 170, Zoning, shall entirely afforest such natural resources that are not covered by woodlands.
(2) 
Conduct reforestation on the site in accordance with the reforestation requirements set forth in Chapter 170, Zoning. In addition, the following shall be complied with:
(a) 
When afforestation is required on a site under § 145-43.1A(1) above, any existing woodlands removed from the site by the landowner/developer shall be reforested upon the site on a 2:1 ratio based upon square footage (i.e., if 1,000 square feet of woodlands are removed/cut down, the site must be reforested with 2,000 square feet of new woodlands). Any reforestation of removed preexisting woodlands shall be in addition to any trees planted to meet the afforestation requirements of § 145-43.1A(1) above.
B. 
Priorities and methods for afforestation and/or reforestation.
(1) 
Any proposed afforestation or reforestation shall be designed to best serve the priorities listed below. Any afforestation or reforestation area establishing a new woodlands shall be at least 100 feet in length, width, or any other dimensional standard. All afforestation and reforestation areas shall be protected and preserved by the placement of a conservation easement upon them, granted to the Township. The following are considered a priority for afforestation and/or reforestation:
(a) 
The establishment or enhancement of woodlands within or adjacent to riparian buffers.
(b) 
The establishment or enhancement of woodlands on 100-year floodplains, when appropriate as determined by the Township.
(c) 
The establishment or enhancement of forested corridors to connect existing woodlands within or adjacent to the site. Where practical, forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement.
(d) 
The establishment or enhancement of forested buffers adjacent to critical habitats, where appropriate as determined by the Township.
(e) 
The establishment or enhancement of woodlands on slopes of 8% or greater.
(f) 
The establishment of forested areas adjacent to existing woodlands to increase the overall area of contiguous woodlands cover.
(2) 
All afforestation shall be completed using whip stock of mixed hardwoods with a minimum height of two feet. At least six different species of trees shall be planted; with no one species comprising of more than 20% of the total trees planted. One tree shall be planted for every 100 square feet, or part thereof, of afforestation proposed/required. Bare root whips shall be planted between October 15 and December 1, and potted whips shall be planted between March 15 and May 1. Planted whips shall be mulched and protected from browsing animals.
(3) 
The trees used in afforestation or reforestation shall be native to the Township or appropriate related cultivars of trees native to the Township. All such trees must be approved by the Township and, where appropriate, preference will be given to replacement trees of the same species as the trees removed from the site.
(4) 
Prior to any planting of trees, all invasive plants shall be removed and permanently eliminated from the afforestation and reforestation areas. Invasive plants include, but are not limited to, the following:
(a) 
Cirsium arvense, commonly known as Canadian thistle.
(b) 
Rosa multiflora, commonly known as multiflora rose.
(c) 
Sorghum halepense, commonly known as Johnson grass.
(d) 
Polygonum perfoliatum, commonly known as mile-a-minute.
(e) 
Pueraria lobata, commonly known as kudzu-vine.
(f) 
Cirsium vulgare, commonly known as bull or spear thistle.
(g) 
Carduus nutans, commonly known as musk or nodding thistle.
(h) 
Sorghum bicolor, commonly known as shattercane.
(i) 
Datura stramonium, commonly known as jimsonweed.
(j) 
Lythrum salicaria, commonly known as purple loosestrife, including all cultivars.
(k) 
Heracleum mantegazzianum, commonly known as giant hogweed.
(l) 
Galega officinalis, commonly known as goatsrue.
(m) 
Conium maculatum, commonly known as poison hemlock.
(n) 
Acer platanoides, commonly known as Norway maple.
(o) 
Pyrus calleryana, commonly known as callery pear.
(p) 
Elaeagnus umbellate, commonly known as autumn olive.
(q) 
Berberis thunbergia, commonly known as Japanese barberry.
(r) 
Ailanthus altissima, commonly known as tree-of-heaven.
(s) 
Fallopia japonica, commonly known as Japanese knotweed.
(5) 
All afforestation and reforestation shall occur upon nonbuildable areas of the site, including open space, recreation lands, buffers (but shall be in addition to any buffer requirements), stormwater management facilities, and other such areas, so long as the afforestation/reforestation does not adversely affect their function and/or capacity. No afforestation/reforestation shall occur upon residential building lots smaller than five acres.
(6) 
All afforestation and reforestation shall be completed prior to the recordation of the approved subdivision or land development plan or be guaranteed to be completed pursuant to the development/financial security agreements required under this chapter.
(7) 
All afforestation and reforestation areas shall be maintained until 18 months after the completion of construction upon the site and acceptance of the public improvements by the Township. Such maintenance shall include, but not be limited to, the replacement of any dead, dying, damaged, or diseased trees; installation and maintenance of fencing and other types of protection against animal browsing; and removal of any and all invasive plants.
(8) 
All afforestation and reforestation shall be conducted in conformance with state and federal best management practices.
C. 
Forest conservation fund. The Township hereby establishes a Forest Conservation Fund. If an applicant subject to this section demonstrates to the satisfaction of the Board of Supervisors that the requirements for reforestation or afforestation cannot be reasonably accomplished on-site, the applicant shall contribute a fee-in-lieu of the actual cost of the reforestation or afforestation, as approved by the Board of Supervisors, into the Township's Forest Conservation Fund. At its discretion, the Board of Supervisors may permit an applicant to meet all or part of this fee-in-lieu of requirement by enhancing existing woodlands or other natural areas on the site through the removal of invasive plants, the planting of native plants, undertaking required planting off-site, or other means, as request by an applicant.
D. 
Preservation. The following trees, shrubs, plants, and specific areas shall be granted priority for preservation and protection and shall be left in an undisturbed condition unless an applicant has demonstrated, to the satisfaction of the Board of Supervisors, that reasonable efforts have been made to protect them and the plan cannot be reasonably altered:
(1) 
Trees, shrubs and plants located in the following sensitive ecological areas, as defined in Chapter 170, Zoning, of this Code: floodplains, floodplain soils, lakes, ponds, watercourses, riparian buffers, steep slopes, wetlands, and wetland margins.
(2) 
Any part of a contiguous woodlands that is 10 acres or larger.
(3) 
Trees, shrubs or plants determined to be rare, threatened, or endangered under the Federal Endangered Species Act of 1973 (16 U.S.C. §§ 1531-1544 and 50 CFR Part 17) or placed upon the Pennsylvania Threatened Species List or the Pennsylvania Endangered Species List (34 Pa.C.S.A. § 2101 et seq.).
(4) 
Trees that are part of a historic site; associated with a historic structure; or have been designated as a national, state, or county champion tree.
(5) 
A heritage tree as defined in Chapter 170, Zoning; or any tree having a DBH of 30 inches or more, or least 75% of the DBH of a designated national, state, or county champion tree of that species.
E. 
Exemptions. The following shall be exempt from the requirements of this section; however, exempt trees still must be replaced pursuant to this section [but are not subject to the penalty listed under §§ 145-43.1A(2)(a) or 145-43.1F]:
(1) 
Removal of trees that are diseased or have suffered severe damage.
(2) 
Removal of dead or dying trees that pose a hazard to structures or human life or any tree whose angle or growth makes it a hazard to structures or human life.
(3) 
Removal of any and all trees that are considered invasive plants.
F. 
Future applicability.
(1) 
If within five years prior to applying for subdivision and/or land development approval or after applying for such approval, woodlands or trees are removed from areas on a parcel of land which would be granted priority for preservation and protection under § 145-43.1D(1) or (2) above, then the removed forest/trees shall be replaced on a 5:1 ratio based upon square footage (i.e., if 1,000 square feet was removed, it must be reforested with 5,000 square feet of forest).
(2) 
If within five years prior to applying for subdivision and/or land development approval or after applying for such approval, woodlands or trees are removed from areas on a parcel of land which would be granted priority for preservation and protection under § 145-43.1D(3), (4), or (5) above, then the removed forest/trees shall be replaced on a 20:1 ratio based upon square footage (i.e., if 1,000 square feet was removed, it must be reforested with 20,000 square feet of forest) or individual trees (i.e., if 10 trees were removed, they must be replaced with 200 trees), whichever results in a larger area being reforested.
(3) 
Replacement trees necessary to meet the requirements of this Subsection F shall be transplanted or nursery stock with a caliper greater than 3 1/2 inches at DBH. These trees shall be located not less than 30 feet on center and shall be chosen and planted pursuant to requirements of this section.
G. 
Preservation and protection and existing vegetation.
(1) 
All subdivisions and/or land developments shall be laid out in such a manner as to minimize the removal of healthy trees and shrubs on the site. If required by the Township, the applicant shall produce evidence from a qualified professional that no alternative layouts are possible that would reduce the loss of individual trees, vegetated areas, and woodlands.
(2) 
Alteration of existing drainage patterns and water supply for the protected trees and vegetation shall be minimized.
(3) 
If a landowner/developer or their agents/employees encroach into a designated tree protection zone resulting in the damage or destruction of existing trees and/or vegetation designated to remain, the landowner/developer shall be responsible for replacing the damaged or destroyed vegetation on a 10:1 ratio based upon square footage (i.e., if 1,000 square feet was removed, it must be reforested with 10,000 square feet of forest) or individual trees (i.e., if 10 trees were removed, they must be replaced with 100 trees), whichever results in a larger area being replaced. Such replacement trees shall be transplanted or nursery stock with a caliper greater than 3 1/2 inches at DBH. These trees shall be installed not less than 30 feet on center and shall be chosen and planted pursuant to requirements of this section. In addition, the applicant shall be required to replace any damaged or destroyed shrubs or ground cover, with plant material of equivalent type, size and shape. Any new replacement trees or plant material shall be guaranteed for one year or until the end of the eighteen-month maintenance period for the project, whichever is greater.
H. 
An Afforestation/Reforestation Plan shall be submitted with all subdivisions and land developments, except for those which qualify as minor plans. This plan shall be prepared by a registered landscape architect, registered/certified arborist, or forester and shall address the following:
(1) 
The location on the site or within 200 feet of the property boundaries of the site of existing woodlands, steep slopes equal to or greater than 8%, riparian buffers, 100-year floodplains, floodplain soils, lakes, ponds, watercourses, wetlands, and wetland margins.
(2) 
The location(s) where woodlands removal is to take place, as well as the species, size, location, and number of trees proposed to be removed.
(3) 
The total acreage of the site, and the total amount of woodlands permitted to be developed on the site.
(4) 
The total amount of afforestation and/or reforestation required and proposed.
(5) 
The location(s) of afforestation and/or reforestation, as well as the species, size, location, and number of trees proposed to be planted.
(6) 
A plan for the control of invasive plants within the areas of afforestation and reforestation. This plan shall state the method(s) proposed to control these weeds and plants, such as: periodic cutting, grubbing, foliar spray, basal bark herbicide application, and soil application. The type of method(s) used must be approved by the Township and shall depend upon the following: type of weed or plant to be controlled, extent of infestation, quality of native vegetation on the site, natural resources existing on or near the site, and possible disturbance to natural habitats.
The design of subdivisions and land developments should preserve the desirable natural and/or historic features of a site wherever reasonably possible. Included in such features are the following:
A. 
Scenic areas or views;
B. 
Historic structures or sites;
C. 
Trees six inches or more in caliper measured at five feet above the ground;
D. 
Woodlands, tree masses, hedgerows, or other significant plant materials.
A. 
No topsoil shall be removed from the site or used as spoil without a permit issued by the Township.
B. 
Applicants shall be required to stockpile the top six inches of soil that existed naturally in the site prior to subdivision or land development.
C. 
The stockpile of soil shall be redistributed uniformly on the site following construction, to a minimum depth of six inches.
D. 
All disturbed areas of the site shall be stabilized and protected against erosion in compliance with the standard practices acceptable to the Montgomery County Conservation District.
E. 
Any topsoil in excess of the six-inch depth that existed prior to subdivision or land development may be stockpiled separately for other uses by the applicant.
Items preserved under §§ 145-44 and 145-45, above, shall be protected during all phases of construction by fencing or other means from the effects of construction equipment operation, grading, and any other activity which could endanger the preserved items.
A. 
No proposal will be approved with a property line extending through any portion of an existing building, except where that property line follows a party wall separating semidetached or attached units, in accordance with Chapter 170, Zoning.
B. 
When existing buildings are retained:
(1) 
Minimum building setbacks shall be met or exceeded, in respect to all new lot lines created, for the district in which the buildings are located, even if this results in a lot area or dimensions in excess of the otherwise applicable minimums.
(2) 
Building setbacks in excess of the applicable minimums are encouraged, in respect to all new lot lines created, when the height and/or bulk of the existing building significantly exceeds that of proposed, abutting development. For tall buildings, a setback equal to the height of the building is suggested as a minimum. For proportionally wide or deep buildings, a setback equal to 1/2 the width or depth of the building is suggested as a minimum.
(3) 
Run-down buildings shall be rehabilitated on the exterior to conform in quality with surrounding new development.
(4) 
Structurally deficient buildings shall be rehabilitated in conformance with the Township's building code[1] and BOCA Property Maintenance Code.
[1]
Editor's Note: See Ch. 61, Construction Codes, Uniform.
(5) 
Additions to retained buildings shall conform in all respects to the requirements of Chapter 170, Zoning, applicable to the district in which the building is located, and shall be in harmony with the character, design, building materials, and other architectural features of the building.
(6) 
Historical or culturally significant buildings shall retain their respective characters, to the greatest extent practical.
(7) 
New buildings abutting the retained building should reflect their respective characters, to the greatest extent practical.
(8) 
In nonresidential districts, retained buildings shall be provided with adequate parking, service, and landscaped areas in accordance with provisions of Chapter 170, Zoning, for the intended use. If the applicant cannot specify the intended use, then the most land consumptive provisions shall be applied, to ensure sufficient land area for uses permitted in that district.
(9) 
No plan approval will be granted to a subdivision or a land development unless the above requirements are complied with, and meets the satisfaction of the Township Board of Supervisors, upon recommendation of the Township Planning Commission and Engineer.
C. 
When existing buildings will be removed:
(1) 
The plan must show the location and include a brief description of the building(s) to be removed.
(2) 
Plan approval will be granted upon written agreement to the expeditious removal of buildings intended for removal, in conformance with applicable Township requirements and procedures regarding demolition of buildings and disposition of the reusable parts and/or disposal of the rubble. If the building will not be removed immediately, a financial guarantee must be posed for its removal, in compliance with § 145-54, herein.
Applicants shall provide a reliable, safe, and adequate water supply to support the intended uses approved as part of a development plan.
A. 
If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Supervisors that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
B. 
If private wells, owned and maintained by the individual owners of lots within the subdivision or development will be used, applicants shall certify their adequacy, in writing, to the Board of Supervisors.
When required by Chapter 170, Zoning, applicants shall provide common open space in conformance with the standards of this section.
A. 
Definitions. The following definitions apply to the common open space required in this section of the chapter:
BASKETBALL COURT
A basketball facility including paved, striped court area of at least high school standard size, with posts, backboards, and baskets at both ends of the court.
COMMON OPEN SPACE
An area of land and/or water used for recreation, resource protection, and buffers and restricted for such uses for residents of a development and possibly for the general public. Common open space does not include land occupied by buildings, roads, or road right-of-way; nor does it include the yards or lots of residential dwelling units or parking areas as required by Chapter 170, Zoning. Common open space shall be left in a natural state except in the case of recreation uses, which may contain impervious surface. Also referred to as "open space."
PLAYFIELD
A common area within a subdivision or land development for neighborhood residents and possibly the general public to use for informal, active recreation purposes such as ball games and other activities requiring a large lawn area, away from homes or other buildings.
SWIMMING POOL
A swimming facility including, at a minimum, a pool, surrounding paved deck, lawn area, lifeguard and restroom facilities, and applicable mechanical equipment.
TENNIS COURT
A tennis facility including paved, standard sized and striped court area, posts, net and fencing around its perimeter.
TOT LOT
A confined, developed, neighborhood play area primarily for use by preschool children under the supervision of parents or guardians.
VIEWSHED
The viewing area readily perceived by the observer from a certain location or series of locations, commonly delineated by visual accents such as, but not limited to, treelines or ridges, geologic features, historic structures, stone walls, and watercourses.
B. 
Common open space design requirements. Permanently preserved open space shall:
(1) 
Be designed as a continuous system of usable areas, interspersed among groupings of residential dwelling units, wherever practicable.
(2) 
Be interconnected with common open space areas on abutting parcels wherever possible.
(3) 
Be provided with safe and convenient access by adjoining public road frontage, other rights-of-way, or easements, and be capable of accommodating pedestrian, bicycle, and maintenance vehicle traffic where necessary.
(4) 
Preserve scenic viewsheds along roads and from residential dwelling units whenever possible.
(5) 
Provide land suitable and appropriate for the type and amount of recreation facilities required.
C. 
Recreation facility requirements. The following table lists the recreation facilities required by this section:
Total Number of Lots/Dwelling Units
Number of Playfields
Number of Tot Lots
Number of Basketball or Tennis Courts
15 to 49
1
1
0
50 to 99
1
2
0
100 to 149
2
3
1
150 to 199
2
4
2
200 to 249
3
5
2
250 to 299
3
5
3
300 to 349
4
6
3
350 to 400
4
6
4
D. 
In addition, for over 300 lots/dwelling units, the applicant shall install one swimming pool.
E. 
Tot lot requirements.
(1) 
Use of tot lots shall be limited to daylight hours only; no lighting shall be installed.
(2) 
Low-maintenance play equipment and structures shall be included and confined by a gated fence, a minimum of three feet high. The gate shall be self-closing and self-latching.
(3) 
Sitting areas, including benches, shall be provided for the convenience of persons supervising the children.
(4) 
Shade trees shall be provided for sitting and play areas; gazebo or picnic type shelters may be used in addition to shade trees.
(5) 
When a tot lot is placed adjacent to the playfield, practical measures, such as fencing and orientation of facilities, shall be used to reduce hazards, especially from balls or other flying objects.
(6) 
Minimum dimensional standards shall be as follows:
(a) 
Minimum area: 2,500 square feet within the fenced areas. Applicants shall provide a landscaped, but not screened, buffer area a minimum of 10 feet in depth around the fenced area.
(b) 
Minimum horizontal dimension: 35 feet.
(c) 
Minimum setbacks for the fenced in area:
[1] 
From lot lines: 20 feet.
[2] 
From the ultimate right-of-way of streets:
[a] 
Residential streets: 25 feet.
[b] 
Feeder streets: 50 feet.
[c] 
Other classifications: 100 feet.
(7) 
Locations: at convenient, centralized intervals, requiring not longer than a one-thousand-foot walk from any dwelling unit.
F. 
Playfield requirements.
(1) 
Playfields shall be used only during daylight hours; no lighting shall be installed.
(2) 
Playfields are intended for informal, neighborhood use. Playfields shall not be used for formalized programs such as Little League Baseball or Midget Football which should be conducted on larger, more appropriate fields, located, designed, and intended for use by the extended community.
(3) 
Playfields shall consist of a lawn area, unobstructed by trees, shrubs, benches, playground equipment and other obstacles. Applicants are encouraged to locate trees and shrubs along the perimeter of a playfield in order to define its limits, enhance its appearance, and filter noise generated by activities.
(4) 
Playfields shall be sloped for proper drainage, not less than 1% nor more than 3% grade, and shall be well drained so that they are suitable for use in most weather.
(5) 
Playfields shall be fenced at the discretion of the Board of Supervisors.
(6) 
Minimum dimensional standards shall be as follows:
(a) 
Minimum area: 25,000 square feet.
(b) 
Minimum horizontal dimension: 150 feet.
(c) 
Minimum setbacks to the edge of a playfield:
[1] 
From any dwelling unit: 100 feet.
[2] 
From the ultimate right-of-way of streets:
[a] 
Residential streets: 50 feet.
[b] 
Feeder streets: 75 feet.
[c] 
Other classifications: 100 feet.
(7) 
Playfields shall have at least one backstop, facing south.
(8) 
Locations: at convenient, centralized intervals.
G. 
Basketball and tennis court requirements.
(1) 
These courts shall be constructed in accordance with specifications approved by the Township Engineer, and shall be oriented in a north/northeast-south/southwest direction.
(2) 
Minimum dimensional standards shall be as follows:
(a) 
Tennis court areas shall be of standard size; basketball court areas shall be at least high school standard size.
(b) 
Minimum setbacks to the edge of paving:
[1] 
From any dwelling unit: 125 feet.
[2] 
From the ultimate right-of-way of streets:
[a] 
Residential and feeder streets: 50 feet.
[b] 
Other classifications: 100 feet.
[3] 
From any lot line: 15 feet.
(3) 
Tennis courts shall be fenced around the entire perimeter with minimum ten-foot-high fencing.
(4) 
Basketball courts shall be fenced with minimum six-foot-high fencing under the following conditions:
(a) 
When the edge of pavement is less than 30 feet from a lot line, that edge shall be fenced.
(b) 
When the edge of pavement is less than 30 feet from an area sloping 10% or greater downward from the court, the edge shall be fenced.
(5) 
Lighting may be provided for nighttime use of courts, so arranged that no glare affects abutting residences or streets, on a demand-activated basis, until not later than 10:00 p.m.
(6) 
Locations: at convenient, centralized intervals.
H. 
Swimming pool requirements.
(1) 
Minimum pool surface area shall be 3,000 square feet (e.g., 40 feet by 75 feet).
(2) 
A toddlers' pool may be provided in addition.
(3) 
The pool(s) shall be surrounded by a paved, nonslip surface, a minimum of eight feet wide.
(4) 
Lawn area shall be provided adjacent to and around the pool, a minimum of 4,000 square feet, at a slope not exceeding 5%.
(5) 
A permanent building shall be provided for restrooms and a lifeguard/supervisor room.
(6) 
The entire facility shall be surrounded by a fence, a minimum of six feet high, with a lockable gate.
(7) 
Minimum setbacks shall be as follows:
(a) 
The edge of paving around the pool and the pool building shall not be less than 125 feet from any residence.
(b) 
Edge of paving, pool building, and perimeter fencing shall be set back from the ultimate right-of-way of streets as follows:
[1] 
Residential streets: 50 feet.
[2] 
Feeder streets: 75 feet.
[3] 
Other classifications: 100 feet.
(8) 
Lighting may be provided for nighttime use, so arranged that no glare affects abutting residences or streets.
I. 
Consolidation of facilities. Applicants are required to provide the numbers and types of facilities as required in this section, spaced for convenient access by the residents. However, applicants are encouraged to consolidate several facilities in fewer locations to better serve the residents' needs in the following possible ways:
(1) 
By locating all required tennis or basketball courts in one area, thereby restricting noise and light to one area, and precluding the need to search the neighborhood for a free court.
(2) 
By combining two 25,000 square foot playfields into one 50,000 square foot area to permit larger fields for softball, football, soccer, or other field sports, while maintaining the neighborhood use character.
(3) 
By creating one or more park-like facilities rather than several sets of scattered facilities.
(4) 
Tot lots may be adjacent to other types of recreation facilities but not to other tot lots so that they may be dispersed throughout the development and only require short walking distances from all homes.
The applicant shall, at the time of preliminary plan submission, provide a plan for ownership, maintenance and operation of common open space. Said plan shall:
A. 
Define ownership of common facilities;
B. 
Establish necessary regular and periodic operation and maintenance responsibilities;
C. 
Estimate staffing needs, insurance requirements and associated costs, and define the means for funding same on an ongoing basis; and
D. 
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation of common facilities for a period of up to one year.
A. 
Any of the following methods may be used to own, maintain, or preserve common facilities, whether they be open space or built recreation facilities. Common facilities shall, however, be initially offered for dedication to the Township after a Township recreation plan has been adopted by the Board of Supervisors.
(1) 
Condominium. The common facilities may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act.[1] All open space and recreation facilities land shall be held as "common element." Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio of the overall development.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(2) 
Homeowners' association. The common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions set forth in Section 705(f) of the Pennsylvania Municipalities Planning Code.[2] In addition, the homeowners' association shall be governed according to the following:
(a) 
The owner or applicant shall provide to the Township a description of the organization, including its bylaws and documents governing maintenance requirements and use restrictions for common facilities.
(b) 
The organization shall be established by the owner or applicant and shall be in existence (with financial subsidization by the owner or applicant, if necessary) at the time of sale of any dwelling units within the development.
(c) 
Membership in the organization is mandatory for all purchasers of dwelling units therein and their successors.
(d) 
The organization shall be responsible for maintenance of and insurance on common facilities.
(e) 
The members of the organization shall share equitably the cost of maintaining, insuring, and operating common facilities.
(f) 
The owner or applicant for any tract proposed to contain any common facilities shall arrange with the County Board of Assessment a method of assessment of the common facilities which will either allocate to each tax parcel in the development a share of the total assessment for such common facilities, or, alternatively, the organization shall be responsible for applicable real estate taxes on common facilities.
(g) 
The organization shall have or hire adequate staff, as necessary, to administer, maintain, and operate common facilities.
[2]
Editor's Note: See 53 P.S. § 10705(f).
(3) 
Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the common facilities provided:
(a) 
Such land shall be freely accessible to the public;
(b) 
There shall be no cost to the Township involved;
(c) 
The Township agrees to and has access to maintain such lands; and
(d) 
The open space shall be in an acceptable condition to the Township at the time of transfer with regard to size, shape, location and improvements.
(4) 
Dedication of easements. The municipality or county may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium, or homeowners' association while the easements are held in public ownership. In either case, there shall be no cost to the county or municipality for acquisition or maintenance. The municipality may require this method where it seems this is the most appropriate way of preserving land in open space, and after a recreation plan has been adopted by the Township.
(5) 
Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, or easements, to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources provided that:
(a) 
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence;
(b) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and
(c) 
A maintenance agreement acceptable to the Township is entered into by the developer and the organization.
B. 
Costs. Unless otherwise agreed to by the municipality or county, the cost and responsibility of maintaining common facilities shall be borne by the property owner, condominium association, or homeowners' association. If the common facilities are not properly maintained, the Township may assume responsibility of maintenance and charge the property owner, condominium association, or homeowners' association a fee which covers maintenance costs, administrative costs, and penalties as stipulated in this chapter.[3]
[3]
Editor's Note: Former Subsection C, regarding fee in lieu of recreation land, which immediately followed, was repealed 11-3-2021 by Ord. No. 2021-04.
[Added 11-3-2021 by Ord. No. 2021-04]
A. 
When the Board of Supervisors determines that due to the size, shape, location, access, topography, or other features of the land or any other need of the Township, it is impractical or does not meet a valid public purpose to install/construct recreational facilities within open land, open space, or recreation lands, as required by Chapter 170, Zoning, or this Chapter 145, the Supervisors may require a payment of a fee-in-lieu of all or some of such facilities. The developer shall pay such fee to the Township prior to the recording of the approved subdivision/land development plan. The amount and/or calculation of this fee shall be set forth in the Township's schedule of fees, as may be modified from time to time by the Board of Supervisors. All fees paid to the Township, pursuant to this section, shall be used only for the purpose of providing, acquiring, operating, or maintaining park and/or recreational land and/or facilities within the Township.
B. 
When agreed to by the developer and the Board of Supervisors, some or all of the fees paid under the provisions of this section may be used throughout the Township for providing, acquiring, operating, or maintaining park and/or recreational land and/or facilities.
C. 
When agreed to by the developer and the Board of Supervisors, the developer may provide lands or other improvements instead of the fees required under the provisions of this section.