Township of West Hanover, PA Design Standards

The location and design of the subdivision and/or land development should conform to the Township Comprehensive Plan with respect to design standards, streets, traffic circulation, public sites, proposed utilities, natural features, etc.

Land shall be subdivided or developed only in conformance with all other ordinances and regulations in effect in the Township.

Development of the site shall be based on a site analysis. The site analysis shall show the physical, biological and cultural attributes of the site. To the maximum extent practicable, subdivisions and/or land development shall be designed and located to preserve the natural features of the site, to avoid areas of environmental sensitivity and to minimize negative impacts and alterations of natural features.

[Amended 12-7-2009 by Ord. No. 2009-05]

Subdivision and/or land development design shall consider the natural features and overlays as specified in Articles XV, XVI and XVII of Chapter 195, Zoning.

[Amended 12-1-2008 by Ord. No. 2008-17]

Subdivisions and/or land developments shall be designed to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious coves; to prevent flooding; to provide adequate and safe access to lots and sites; and to mitigate adverse effects of noise, odor, traffic, drainage and utilities on neighboring properties.

[Amended 12-7-2009 by Ord. No. 2009-05]

Land subject to hazards of life, health or property that may arise from fire, floods, disease, or excessive noise, or considered uninhabitable for other reasons, may not be developed unless the hazards have been removed or the plans show adequate safeguards against them.

[Amended 12-1-2008 by Ord. No. 2008-17]

A land development must be coordinated with existing land development in the neighborhood so that the entire area may be developed harmoniously within the permitted uses of each zoning district.

[Amended 12-1-2008 by Ord. No. 2008-17]

All portions of a parcel being subdivided or developed shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas are not created.

Provide documentation that all of the design standards of this section have been reviewed and addressed.

[Added 12-7-2009 by Ord. No. 2009-05]

Exemptions. Provisions of this section shall not pertain to subdivisions and/or land developments which qualify as a minor subdivision or which involve fewer than three acres.

[Added 12-7-2009 by Ord. No. 2009-05]

§ 173-24 Floodplain areas.

Purpose. The specific purpose of these provisions is:

To regulate the subdivision of land within any designated floodplain district in order to promote the general health, welfare and safety of the community. Development within a floodplain area is permitted only in accordance with Article XV of Chapter 195, Zoning.

To require that each subdivision lot in floodplain areas includes a safe building site with adequate access; and that public facilities which serve such uses be designed and installed to minimize flood damage.

To protect individuals from buying lands which are unsuitable for use because of flooding by prohibiting the improper subdivision and/or development of unprotected lands within the designated floodplain districts.

Municipal liability. The grant of a permit or approval of a plan for any proposed subdivision and/or land development to be located within any identified floodplain area or district shall not constitute a representation, guaranty or warranty of any kind by the municipality or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the municipality, its officials or employees.

General.

Development within identified floodplain areas shall be consistent with Article XV of Chapter 195, Zoning.

All floodplains and floodways shall be identified in accordance with Article XV of Chapter 195, Zoning.

Preliminary plan requirements. The following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer or surveyor:

Name of the engineer, surveyor or other qualified person responsible for providing the information required in this section.

A map showing the location of the proposed subdivision and/or land development with respect to any identified floodplain area or district, including information on the one-hundred-year-flood elevations.

Where the subdivision and/or land development lies partially or completely within any identified floodplain area or district or where such activities border on any identified floodplain area or district, the preliminary plan map shall include the following information:

The location and elevation of proposed roads, utilities and building sites, fills, flood, or erosion protection facilities.

The one-hundred-year-flood elevations.

Areas subject to special deed restrictions.

The fifty-foot setback measured from a floodplain district and any new construction or development required by Article XVI of Chapter 195, Zoning.

All such maps shall show contours at intervals required by § 173-13B(31) of this chapter and identify accurately the boundaries of the identified floodplain areas or districts.

Final plan requirements. The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor:

All information required for the submission of the preliminary plan, incorporating any changes requested by the Township.

A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any identified floodplain area or district. All such maps shall show contours at intervals required by § 173-15B(28) of this chapter and identify accurately the boundaries of the floodplain areas.

Submission of the final plan shall also be accompanied by all required permits and related documentation from the PADEP, and any other commonwealth agency or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Department of Community and Economic Development and the Federal Insurance Administrator shall also be notified whenever any such activity is proposed.

Design standards and improvement in designated floodplain districts.

General.

Where not prohibited by this or any other laws or ordinances, land located in any identified floodplain area or district may be developed with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.

If the Township determines that only a part of a proposed plan can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

When a developer does not intend to develop the plan himself and the Township determines that additional controls are required to ensure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plan.

Streets. The finished elevation of proposed streets shall not be more than the one foot below the regulatory flood elevation. The Township may require profiles and elevations of streets to determine compliance with the requirements. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.

Sanitary sewer facilities. All sanitary sewer systems, whether public or private, shall be floodproofed up to the 1 1/2 feet above the regulatory flood elevation. The installation of sewage disposal facilities requiring soil absorption systems shall be prohibited where such systems will not function due to high groundwater, flooding or unsuitable soil characteristics or if these systems are within designated floodplain areas or districts. The Township may require that the developer note on the face of the plan and in any deed of conveyance that soil absorption fields are prohibited in such area or district.

Water facilities. All water systems, whether public or private, shall be floodproofed up to 1 1/2 feet above the regulatory flood elevation.

Other utilities and facilities. All other public and private utilities and facilities, including gas and electric, shall be elevated or floodproofed up to 1 1/2 feet above the regulatory flood elevation.

§ 173-25 Street systems.

General. All streets proposed to be constructed within the Township shall conform to the following general design requirements:

The Township encourages creative design methods to minimize the number of access points onto Township and state roads for the safety and convenience of public travel. Whenever possible, the Township strongly encourages the use of shared driveways, service roads and other methods to minimize the number of road access points.

Proposed streets shall be planned with regard to the existing street system, public convenience in terms of fire protection and pedestrian traffic, probable volumes of traffic, existing and proposed use of land on abutting properties and future development extensions of the street system.

The arrangement of streets shall provide for the continuation of existing or platted streets and for proper access to adjoining undeveloped parcels suitable for future development. Right-of-way access for future streets is required where practicable.

[Amended 12-1-2008 by Ord. No. 2008-17]

Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.

The finished elevation of proposed streets shall not be more than one foot below the regulatory flood elevation. The Township may require profiles and elevations of streets to determine compliance with this requirement.

The streets must be properly located and constructed with regard to the proposed traffic functions, including the minimization of through traffic on minor streets and the protection of major street capacities from excessive marginal access.

The arrangement, character, extent, width, grade and location of all streets and highways must conform to the Comprehensive Plan and/or Official Map, as amended.

Road classifications. All Township roads are grouped into the following classifications based upon function:

Freeway. A freeway is a limited access roadway.

Highway. A highway is usually a state or interstate highway which provides intermunicipal up to interstate traffic of substantial volumes. A highway usually accommodates operating speeds up to 55 miles per hour (mph).

Arterial. An arterial is a high-volume street that should have no access other than by way of a collector street. Its function is to conduct traffic between communities and activity centers and to connect communities to highways and freeways. The design speed is typically 45 mph or more. (See Illustration 1.[1])

Editor's Note: Illustration 1 is included at the end of this chapter.

Collector. As the principal traffic artery within residential or commercial areas, the collector carries relatively high traffic volumes and conveys traffic from arterial streets to lower-order streets. Its function is to promote the free flow of traffic. Consequently, the Township does not encourage parking or residences along a collector. The collector's secondary function is to serve abutting land uses. A collector street may also accommodate public transit such as buses. The design speed is typically 40 mph. (See Illustration 1.)

Subcollector. The subcollector provides passage to access streets and conveys traffic to collectors. Like the access street, the subcollector provides frontage and access to residential lots but also carries some through traffic to lower-order (access) streets. The subcollector is a relatively low-volume street. The design speed is typically 30 mph. (See Illustration 1.)

Access street. The access street is designed to conduct traffic between dwelling units and higher-order streets. As the lowest-order street in the hierarchy, the access street carries no through traffic and includes short streets, culs-de-sac and courts. Subcollectors usually serve more dwellings and carry a small volume of through traffic to one or more access streets. The design speed is typically 20 mph. (See Illustration 1.)

Alley (service street). Alleys are special-purpose service roads that provide secondary means of access to lots.

Nonresidential street. These streets serve nonresidential areas such as retail, office or industrial. The design speed is typically 40 mph.

Roadway subcollectors. Following is an illustrative figure classification of roads in the Township:

[Amended 12-1-2008 by Ord. No. 2008-17]

	Table 1. Classification of Roadways
	FUNCTIONAL CLASSIFICATION OF ROADWAYS
	Road Number/Name	Classification
	I-81/Interstate 81	Freeway
	U.S. 22/Allentown Boulevard	Highway
	PA 39/Linglestown/Hershey Road	Highway
	PA 443/Fishing Creek Valley Road	Arterial
	S.R. 2003/Oak Grove Road	Arterial
	T-561/Blue Ridge Avenue	Arterial
	T-601/Old Jonestown Road (East of PA 39)	Arterial
	Various/Fairville/Piketown/Sleepy Hollow/Pine Tree	Arterial
	S.R. 2023/Red Top Road	Collector
	S.R. 2026/Green Hill Road	Collector
	T-465/Manor Drive/Sandy Hollow Road	Collector
	T-520/Clover Lane	Collector
	T-601/ Jonestown Road (West of PA 39)	Collector
	NOTE: All other Township roads are classified as subcollector, access, alley or nonresidential.

Street and right-of-way widths. Following are the minimum street and right-of-way widths. A minimum four-foot shoulder shall be provided on each side of the road when curbing is not provided. Required widths may be increased or decreased by the Township based upon projected traffic counts and needs of public health, safety and convenience.

Table 2. Street and Right-of-Way Widths
Classification	Minimum Right-of-Way Width (feet)	Minimum Roadway Width (feet)
Highway	As determined after consultation with the Township Board of Supervisors and PennDOT
Arterial	As determined after consultation with the Township Board of Supervisors and PennDOT
Collector	50	28^A
Subcollector	50	28
Access	50	26^B
Nonresidential	50	30

	NOTES: ^AIf residences front on the collector, then the pavement width can be increased up to 36 feet to provide two travel lanes and two parking lanes.
	^BThe width of access roads can be reduced to 20 feet if on-street parking will not be required. The developer must provide "no parking" signs and adequate off-street parking areas that will accommodate four parking spaces per unit.

For access streets, a twenty-six-foot-wide pavement provides two travel lanes or one travel lane with two parking lanes. For subcollectors, a twenty-eight-foot-wide pavement provides two travel lanes and one parking lane.

[Amended 12-1-2008 by Ord. No. 2008-17]

Additional street width and right-of-way may be required when determined to be necessary by the Township in specific cases for:

Public safety and convenience.

Parking in commercial and industrial areas and in areas of high-density development.

Widening of existing streets where the width does not meet the requirements of the above table.

To accommodate installation of utilities, to accommodate ponding of runoff, to provide storage of plowed snow, to provide emergency parking, to accommodate temporary roadway adjustments during maintenance and accidents and to accommodate future improvements.

The applicant shall certify, prior to final approval of a subdivision or land development plan, that title to any street rights-of-way are free and clear of all liens and encumbrances and that no prior right-of-way has been granted to any utility or any other person.

When the subdivision or land development is proposed to front on an existing Township street, the required additional right-of-way shall be dedicated for the lots or land development proposed, and the dedication shall not be required for the remaining portion of the property except where the remaining portion of the property is less than one required lot width. The required right-of-way for all of the property fronting the existing street shall be shown on the plan and the signed dedicatory statement shall be shown on the final plan.

In the case of a plan for a land development fronting on an existing or proposed public street, the Township may require the developer to improve the portion of the roadway on which the proposed development fronts to meet the minimum roadway standard as specified above. This shall include shoulders, embankments, gutters, berms, sidewalks and/or curbing.

Street design.

Horizontal curves.

Where connecting street lines deflect from each other at any one point, the lines must be connected with a true, circular curve. (See Table 3 for the minimum radius of the center line for the curve.)

	Table 3. Minimum Radius
	Type of Street	Minimum Radius (feet)
	Collector	450
	Subcollector and nonresidential	250
	Access	100

Straight portions of the street must be tangent to the beginning or ending of curves. Except for access streets, there must be a tangent of at least 100 feet between reverse curves. For curves on freeways, arterials and collector streets, proper superelevation must be provided as required by the Township and the Pennsylvania Department of Transportation. Broken-back curves shall be avoided.

Proper sight distance must be provided with respect to horizontal alignment, measured along the center line, from height of eye (3.5 feet above grade) to the height of an object on the roadway (0.5 feet). See Table 4 for the minimum stopping sight distances which must be maintained.

	Table 4. Minimum Stopping Sight Distance
	Design Speed (miles per hour)	Minimum Stopping Sight Distance (feet)
	60	650
	55	550
	50	475
	45	400
	40	325
	35	250
	30	200
	25	150
	20	125

Vertical curves.

Changes in grade in excess of 1% shall be joined by vertical curves. Proper sight distance must be provided with respect to vertical alignment by using the following K values in Table 5, where:

[Amended 12-1-2008 by Ord. No. 2008-17]

	K = L/A
	L = length of curve.
	A = Algebraic difference of percent grade.

Table 5. K Values
K Value
Design Speed	Sag	Crest
60	136	151
55	115	114
50	96	84
45	79	61
40	64	44
35	49	29
30	37	19
25	26	12
20	17	7

Sight distance shall be measured along the center line, from height of eye (3.5 feet) to height of an object on the roadway (0.5 feet).

Grades.

The center-line grades of streets must meet the following requirements:

[Amended 12-1-2008 by Ord. No. 2008-17]

Table 6. Grades of Streets
Type of Street	Minimum Grade	Maximum Grade
Collector	1%	6%
Subcollector and nonresidential	1%	8%
Access	1%	10%

In all grades exceeding 1%, vertical curves must be used and must be designed for proper sight distance.

Crown. The slope of the crown on streets shall be at least 1/4 inch per foot but not more than 3/8 inch per foot as directed by the Township Engineer. This applies only to straight sections of road. Where a curve is superelevated to reduce lateral vehicular acceleration as required by the design speed of the road, the crown requirement is eliminated.

Slope of embankments. Embankment slopes shall be a maximum 3:1 fill and 2:1 cut or be designed in accordance with Roadside Design Guide by the American Association of State Highway and Transportation Officials (AASHTO), current edition. Slopes shall be suitably planted with perennial grasses or other vegetation to prevent erosion.

Intersection design.

Angle of intersections. Intersections must be as nearly at right angles as possible. However, in no case should they deviate from the standards in Table 7.

Table 7. Angle of Intersections
Type of Intersection
		Highway with Highway	Arterial with Arterial	Highway with Arterial	All Others
	Angle of intersection of street center lines	90º	90º	90º	75º to 105º

Intersection grades. Intersections must be approached on all sides by leveling areas. These leveling areas must have a minimum length of 50 feet (measured from the intersection of the center lines) within which no grade may exceed a maximum of 4%.

Intersection curve radii.

Design of curb or edge of pavement must take into account such conditions as types of turning vehicles (including buses and emergency vehicles), likely speeds of traffic, angle of turn, number of lanes and whether parking is permitted. However, curb or edge of pavement radii must not be less than the following:

[Amended 12-1-2008 by Ord. No. 2008-17]

	Table 8. Curb/Edge of Pavement Radii
	Type of Intersection	Minimum Simple Curve Radii of Curb or Edge of Pavement (feet)
	All intersections with freeways, highways, and arterials	40 or more, as determined after consultation with the Pennsylvania Department of Transportation and/or the Township
	Collector with subcollector or nonresidential	35
	Subcollector collector with subcollector or nonresidential	35
	Access with collector, subcollector, nonresidential	35

Three-centered compound curves equivalent to the above minimum simple curves are permitted and encouraged where applicable. In the design of compound curves, the ratio of the flatter radius to the sharper radius should not exceed 1.5. Sudden changes between curves of widely different radii or between long tangent and sharp curves shall be avoided.

Distance between intersections. The required distance between intersections shall be in accordance with the following in Table 9:

Table 9. Distance Between Intersections
Type of Intersection
		Collector with Collector	Collector with Subcollector or Nonresidential	Subcollector or Nonresidential with Subcollector or Nonresidential	Subcollector or Nonresidential with Access	All Others
	Minimum distance between center lines of intersections	600 feet	350 feet	250 feet	125 feet	800 feet

Multiple intersections. Intersections involving the junction of more than two streets shall be prohibited.

Clear sight triangles.

Proper sight lines must be maintained at all street intersections. Measured along the center line of the street, there shall be a clear sight triangle with sides in accordance with Table 10. D is measured from the intersection of the street center lines along the center line of each street.

[Amended 12-1-2008 by Ord. No. 2008-17]

	Table 10. Clear Sight Triangles
	Type of Street	Clear Sight Triangle Side (feet)
	Highway or arterial collector	150
	Subcollector, access or nonresidential	75

No building, structure, planting or other obstruction higher than three feet above the roadway grade shall be permitted within the clear sight triangle. However, posts, utility poles and trees not exceeding one foot in diameter may be permitted if not obstructing the view of traffic.

Intersection safe stopping sight distance. All intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment in accordance with A Policy on Geometric Design of Highways and Streets, AASHTO, current edition.

Street construction.

[Amended 12-1-2008 by Ord. No. 2008-17]

All street materials, construction procedures and testing requirements shall conform to the current editions of PennDOT Publications 408, 418, 203, 236M Standards for Roadway Construction (RC) Series 10-104, Publication 111 Traffic Standards - Signing (TC) Series 7700 and Traffic Standards Signs (TC) Series 7800, current edition, including all supplemental specifications, circular letters and amendments. All streets and related features shall be constructed to the line, grade and dimensions shown on the plans, profiles, cross sections and typical sections.

The pavement base and wearing surface shall be constructed in accordance with the pavement sections in the following Table 11:

Table 11. Minimum Pavement Section
	Material Specifications
Street Classification	Subbase Material	Base Material	Binder Course	Wearing Course
State Route	As determined by the Board of Supervisors after consultation with the Township Engineer and the Pennsylvania Department of Transportation (PennDOT)
Arterial, collector and nonresidential	Subbase (No. 2A crushed aggregate), 6 inches depth	SAMD HMA base course, PG 64-22, 0.3 to < 3 million ESALs, 25.0 mm mix, 5 inches depth	SAMD HMA binder course, PG 64-22, 0.3 to < 3 million ESALs, 12.5 mm mix, 2 inches depth**	SAMD HMA wearing course, PG 64-22, 0.3 to < 3 million ESALs, 9.5 mm mix, 1 1/2 inches depth, SRL*
Subcollector, access and alley	Subbase (No. 2A) crushed aggregate), 6 inches depth	SAMD HMA base course, PG 64-22, 0 to < 0.3 million ESALs, 25.0 mm mix, 4 inches depth	SAMD HMA binder course, PG 64-22, 0.3 to < 3 million ESALs, 12.5 mm mix, 2 inches depth, or bituminous surface treatment (PennDOT Pub. 408, Section 480)**	SAMD HMA wearing course, PG 64-22, 0.3 to < 3 million ESALs, 9.5 mm mix, 1 1/2 inches depth, SRL*

* Skid resistance level (SRL) determination.
** Bituminous surface treatment or binder course (as appropriate) must be installed before the first frost of the winter season unless the road is overlaid with HMA wearing course.
Two-Way Average Daily Traffic	SRL	Alternates
20,000 and above	E	None
5,001 to 20,000	H	Blend of E/M, blend of E/G
3,001 to 5,000	G	Blend of H/H, blend of E/L
1,001 to 3,000	M	Blend of H/L, blend of G/L, blend of E/L
0 to 1,000	L	Any

Blends are 50% by weight of each aggregate. Blend the aggregates using an approved method.

A pavement design, in accordance with PennDOT Publication 242, shall be required for all facilities or developments that will generate a total of 100 or more equivalent 18-kip single-axle loads (ESALs) in a given weekday in all directions. The pavement design requirements will be determined by the Transportation Engineer and will take into account the supporting road networks' capacity to handle additional heavy vehicle loading. No proposed pavement section determined by the pavement design may be less than the minimum requirements of § 1-73-25F(2).

A pavement design, in accordance with PennDOT Publication 242, may be submitted for facilities or developments that will generate less than 100 or more equivalent 18-kip single-axle loads (ESALs) in a given weekday in all directions. The pavement design requirements will be determined by the Transportation Engineer and will take into account the supporting road networks' capacity to handle additional heavy vehicle loading. The design will assume 300,000 equivalent 18-kip single-axle loads (ESALs) over 20 years. Also, the California bearing ratio (CBR) determined in laboratory testing shall not exceed a value of 10.

Stakeout.

All property pins or monuments will be witnessed with suitable four-foot-high stakes before the beginning of construction.

All streets prior to being rough cut shall be laid out in accordance with approved design plans, using hubs and stakes set at fifty-foot intervals to provide both horizontal and vertical control.

Excavation.

This work shall include excavation for roadways, shoulders, ditches, drainage structures and stream channels.

During construction, excavation shall be graded to drain to E & S controls and adequate receiving drainage facilities.

All suitable excavated materials as determined by the Township may be used for the construction and preparation of the roadway embankments, subgrade, shoulders, driveway approaches, ditches, structures, stream channels and required backfilling.

Embankment.

Placement of embankment shall be in layers not exceeding eight inches prior to compaction.

Material for the construction of embankment shall consist of all excavation on the project except such materials as may be determined to be unsuitable under PennDOT Publication 408, current edition, and when required will include borrow excavation.

Subgrade.

Prior to preparation of the subgrade, install all required underground utilities and storm drainage within the cartway. Compact trench backfill in layers (eight-inch maximum).

No subbase or base course shall be placed on wet, frozen or unsuitable material. Damaged areas of unsuitable material shall be promptly and satisfactorily reshaped and recompacted or removed and replaced. Unsuitable material includes sod, stumps, spongy soil and excess rock.

Where necessary as determined by the Township based on field conditions, provide proper underdrain to address springs, spring-like conditions or spongy areas.

All large rocks, boulders or ledges shall be broken off six inches below the improved subgrade surface.

All surface irregularities exceeding 1/2 inch shall be corrected by loosening the surface and removing or adding material as required. The corrected area and surrounding surface shall be compacted by rolling.

Completed subgrade shall be maintained and protected in advance of the succeeding operation.

Subgrade shall be inspected and approved by the Township before placing of the base course.

Use all means necessary to control dust on and near the work and on and near all off-site borrow areas if such dust is caused by the contractor's operations during performance of the work or is a result of the condition in which the contractor leaves the site. Thoroughly moisten all surfaces as required to prevent dust from being a nuisance to the public, neighbors and concurrent performance of other work on the site.

Base course.

Base course material shall not be placed on soft, muddy or frozen areas. Unsatisfactory base conditions shall be corrected.

All foreign material shall be removed from the base course prior to placing binder course.

The base shall be compacted with a vibrating tamper or vibrating roller.

The base shall have binder applied as soon as possible to avoid damage to the base.

The base course shall be inspected by the Township prior to the placing of binder course.

(10)

Wearing course.

Wearing course shall not be installed until a minimum of 75% of units within the current phase are completely constructed, including all landscaping.

Base course and subsequent pavement layers shall be inspected by the Township prior to placing the next appropriate layer.

Provide bituminous tack coat as required.

Surface course shall be sealed using AC-20 where it comes in contact with other structures, including curbs, inlets and manholes.

Paving notches shall conform to PennDOT RC-28.

(11)

Shoulders. Shoulders shall be provided where curbing is not required and shall conform to the same standards as the adjoining road pavement section. Shoulders shall be provided by approval of the Township Engineer and shall be consistent with the "intended use" of the shoulder.

(12)

Curbs.

Curbing shall be plain cement concrete and shall be vertical conforming to PennDOT RC-64M or slant or rolled curb. Details for slant curb and rolled curb have been added to the chapter as Exhibits VIII and IX.[2]

[2]

Editor's Note: Exhibits VIII and IX are included at the end of this chapter.

Other curbs shall only be installed at the discretion of the Township, and the curb detail must be approved by the Township Engineer.

Terminal concrete curb ends shall have an exposed face of two inches and be tapered two feet.

Backfill must be placed within 48 hours after form removal and this backfill shall be compacted in place along the rear face to within six inches of the top of the curb.

When curbing is to be removed to construct a driveway or access drive, the length of curbing to be removed shall be carried to the nearest expansion joint or saw cut if the joint is located more than five feet from the end of the curb removal. Curb replacement shall be formed and shaped to the required driveway width. The driveway or access drive shall be depressed to a height of 1 1/2 inches above the finishing paving grade in accordance with RC-64M. Sawcutting of existing curbs along the road surface is not an allowable substitute for a depressed curb per RC-64M.

No partial breaking out of the curb shall be permitted without approval by the Township.

Curbs shall be inspected by the Township after the forms have been placed, just prior to the pouring of concrete and after completion of all work.

Curb cuts are permitted to allow overland flow through swales for the purpose of disconnecting impervious surfaces. Special design consideration is needed for swales at driveways and sidewalks.

(13)

Underdrain.

Underdrain or combination storm sewer and underdrain shall conform to PennDOT RC-30.

Underdrain or combination storm sewer and underdrain shall be provided where directed by the Township and completed prior to base course construction. At a minimum, underdrain or combination storm sewer and underdrain shall be provided in all cut areas.

(14)

Sidewalks.

Sidewalks shall have a minimum of four inches of Class A cement concrete and four inches of compacted stone base (2A).

Sidewalks shall have a minimum depth of six inches where traversed by a residential driveway and a minimum depth of eight inches where traversed by a commercial driveway.

The minimum sidewalk width shall be five feet.

[Amended 6-4-2012 by Ord. No. 2012-08]

Sidewalks shall have a one-fourth-inch-per-foot slope towards the street.

Curb ramps must be installed in accordance with ADA requirements, including detectable warning surfaces consisting of truncated domes per PennDOT RC-67M.

Alternate sidewalk material will be permitted only where specifically authorized by the Township.

Other street designs.

[Amended 9-16-1996 by Ord. No. 1996-10; 1-20-1997 by Ord. No. 1997-1; 12-1-2008 by Ord. No. 2008-17]

Temporary culs-de-sac.

Temporary culs-de-sac shall be permitted in order to permit future street extensions into adjoining parcels that are included in subsequent phases of the current plan. These temporary culs-de-sac must be indicated on the plans and be constructed to the same standard with right-of-way as required for a permanent cul-de-sac, minus the curbing at the terminus of the cul-de-sac. However, curbing may be required for drainage control. The temporary cul-de-sac shall be removed by the developer extending the existing street. Dead-end streets without culs-de-sac shall be prohibited.

Permanent culs-de-sac.

Culs-de-sac shall not be approved whenever a through street or loop street is practicable. Culs-de-sac shall be approved only where they are clearly the only practical design of the subdivision.

Where the right-of-way approaches or abuts the tract boundary, a fifty-foot right-of-way width shall be extended to the adjacent property to permit future extension of the street at full width unless future extension is clearly impractical, unnecessary or undesirable.

Culs-de-sac shall be provided with a minimum twenty-foot-wide by fifteen-foot-deep, as measured from the right-of-way, snow dump area enclosed by an easement. If the cul-de-sac has curbing, then the snow dump shall include a depressed curb. Any sidewalk that will be driven upon to access the snow dump area shall be a minimum eight inches in depth concrete.

The Township encourages cul-de-sac design to include a curbed interior planting island, in which native vegetation or landscaping has been retained or planted. The minimum radius of the cul-de-sac shall be designed to adequately maneuver emergency, maintenance, school bus and moving van vehicles. The minimum road width shall be 20 feet. Traffic flow shall be in one direction in a counterclockwise manner. The applicant must provide adequate traffic signs. Interior planting islands shall be included within the right-of-way area offered for dedication to the Township. Consequently, a maintenance guarantee must be submitted for review, noted on the plan, and approved by the Township. The applicant must provide off-street parking for four vehicles per unit served by the cul-de-sac and provide "no parking" signs.

The minimum cul-de-sac length is 250 feet. Culs-de-sac shall not exceed 1,000 feet in length except for culs-de-sac serving less than 15 dwelling units, which shall not exceed 1,500 feet.

Culs-de-sac shall not serve more than 25 units. Emergency access must be provided for culs-de-sac serving more than 15 units.

Culs-de-sac shall be provided with a vehicular turnaround having a right-of-way diameter not less than 116 feet and a cartway diameter not less than 96 feet.

Single-access streets.

Single-access streets shall be approved only where they are clearly the only practical design of the subdivision.

Where the single-access street right-of-way approaches or abuts the tract boundary, a minimum fifty-foot-wide right-of-way width shall be extended to the adjacent property to permit future extension of the street at full width unless future extension to the single-access street is clearly impractical, unnecessary or undesirable.

The maximum center-line distance from a through street to the vehicular turnaround of a cul-de-sac shall not exceed 1,000 feet in length except for single-access streets serving less than 15 dwelling units where the maximum center-line distance may not exceed 1,500 feet, unless a cul-de-sac intersects with the "loop" of a loop street.

The maximum center-line distance from a through street to the intersection of a loop road with itself shall not exceed 1,000 feet in length except for single-access streets serving less than 15 dwelling units, where the maximum center-line distance may not exceed 1,500 feet.

Where a cul-de-sac intersects with the "loop" of a loop street, the maximum center-line distance along the cul-de-sac to the vehicular turnaround shall not exceed 1,000 feet in length except for single-access streets serving less than 15 dwelling units, where the maximum center-line distance may not exceed 1,500 feet and the maximum center-line distance from a through street to the intersection of a loop road with itself shall not exceed 1,000 feet in length except for single-access streets serving less than 15 dwelling units, where the maximum center-line distance may not exceed 1,500 feet.

The minimum single-access street length is 250 feet.

The minimum center-line distance of a loop road is 250 feet.

The maximum center-line distance of a loop road between the center line intersection with itself and the terminus is not defined.

(i)

Single-access streets shall not serve more than 25 units. Emergency access must be provided for single-access streets serving more than 15 units.

Boulevard entrances.

[Added 12-1-2008 by Ord. No. 2008-17[3]]

Width. The minimum full-depth pavement width shall be 20 feet on each side of the interior island.

Right-of-way. The right-of-way width shall extend to a point 10 feet beyond the edge of curbing, to allow room for potential sidewalks.

Terminus. The boulevard shall terminate at a point clearly designed to allow for uninterrupted access by emergency vehicles without crossing into oncoming traffic lanes.

Interior island. The Interior island shall be a minimum ten-foot width, curbed and included within the right-of-way area offered for dedication. However, provide a note on the plan and a suitable maintenance agreement requiring maintenance by other than the Township.

[3]

Editor's Note: This ordinance also provided for the redesignation of former Subsections H through J as Subsections J through L respectively.

One-way street.

[Added 12-1-2008 by Ord. No. 2008-17]

No parking shall be permitted on either side of a one-way street, and the street shall be signed as such. The minimum pavement width shall be 20 feet.

Street names and signs.

Proposed public streets which are obviously in alignment with other existing named streets shall bear the names of the existing streets.

In no case shall the name of the proposed street duplicate an existing public street name in the Township or in the postal district, irrespective of the use of the suffix "street," "road," "avenue," "boulevard," "drive," etc.

All public street names shall be subject to the approval of the Board upon recommendation of the Planning Commission, the Fire Company, the post office and the Dauphin County Emergency Management Agency.

Street name signs shall be placed at all existing and proposed intersections and shall be visible from both directions. All intersections shall have both street names on all sign posts.

[Amended 5-19-2003 by Ord. No. 2003-5; 12-1-2008 by Ord. No. 2008-17]

Street signs shall be installed and approved prior to occupancy of the first dwelling on the new street.

[Added 12-1-2008 by Ord. No. 2008-17]

The type of sign, location and installation shall meet the current federal MUTCD (Manual on Uniform Traffic Control Devices) Section 2D.43 standards and be approved by the Township Engineer and meet the following standards (as of 4/3/12):

[Added 12-1-2008 by Ord. No. 2008-17; 6-4-2012 by Ord. No. 2012-09]

Size: 48 inches maximum width by nine inches in depth. Lettering for post-mounted signs: six inches, all uppercase, with four-inch suffix "St., "Ave." etc.

For overhead street name signs: lettering should be composed of uppercase letters at least 12 inches in height and lowercase at least nine inches.

Post material: Type B breakaway system as approved by PennDot and listed in Publications 408, 108, and 111.

Sign material: Class 3 reflective sheeting on aluminum blank as approved by PennDOT and listed in Publication 35.

Color: white legend and border on green background.

Height: seven feet from the ground to the bottom of the sign.

Font: Clearview Highway.

Streetlights.

For the safety, convenience and attractiveness of land developments or subdivisions with six or more lots, on-site or public streetlights shall be installed.

Standards. Streetlights shall be installed to meet the American National Standard RP-8, Roadway Lighting, developed by the Illuminating Engineering Society of North America (IES). In addition, streetlights shall meet the following footcandles. The most restrictive standard shall apply.

	Type of Street	Footcandles
	Local streets	.372
	Collector streets	.5557
	Major or arterial streets	.836

Where electric service is supplied by underground methods, the subdivider shall provide and install conduits where necessary to accommodate the installation of a streetlighting system, prior to the installation of streets, curbs, sidewalks and driveways. Installation and location of conduits shall comply with the specifications of the appropriate public utility.

Driveways.

Private driveways shall be provided for all residences and shall provide safe access to Township and state roads, not impede the flow of stormwater runoff and assure sufficient area for and access to off-street parking.

At the discretion of the Board, shared driveways may be permitted for use by a maximum of four adjacent lots, each of which shall have the required street frontage for the applicable zoning district or as required for interior lots. An ownership and maintenance agreement for the driveway, approved by the Township Solicitor, shall be required. Shared driveways shall not be less than 12 feet in width and they shall be located in a right-of-way at least 25 feet wide.

Grade. The driveway within the legal right-of-way of any Township or state road shall not exceed a grade of 5%. The remaining driveway beyond the right-of-way shall not exceed a grade of 12%.

Material. The minimum required paved area of a single-family or two-family residential driveway shall consist of one of the following materials and be in accordance with § 195-138 of the West Hanover Township Zoning Ordinance:

[Amended 1-20-1997 by Ord. No. 1997-1; 12-1-2008 by Ord. No. 2008-17]

Bituminous surface constructed with six inches of 2A subbase and Superpave asphalt mix design, hot mix asphalt wearing course, PG 64-22, 0.3 to < 3 million ESALs, 9.5 mm mix, 2.5 inches depth, SRL-L (minimum).

Brick paver designed for single-axle trucks. Construction specifications must be submitted and approved by the Township.

Reinforced pavement systems, such as geoblocks, designed for single-axle traffic. Construction specifications must be submitted and approved by the Township.

At a minimum the pavement within the right-of-way shall match the existing road pavement.[4]

[4]

Editor's Note: Former Subsection L(5), Material, added 1-20-1997 by Ord. No. 1997-1, which immediately followed this subsection, was repealed 12-1-2008 by Ord. No. 2008-17. This ordinance also provided for the redesignation of former, Subsection L(6) through (11) as Subsection L(5) through (10), respectively.

Width. No driveway shall be less than 12 feet wide within the limits of the legal right-of-way.

Drainage. The gutter line, wherever possible, shall be maintained as a paved swale and shall have a minimum depth of four inches and a minimum width of 24 inches. Where required by the Township, culverts or pipes shall be installed under driveways to provide unobstructed flow of water in swales and shall be approved by the Township Engineer. Also, driveway longitudinal drainage shall be provided as needed.

[Amended 12-1-2008 by Ord. No. 2008-17]

Angle of intersection. The desirable intersection angle of the center line of the driveway and the street shall be 90º. However, when 90º is not practicable, the minimum angle between the driveway and the street shall be not less than 75º.

Curbs. All driveways in curb areas must have a depressed curb at the driveway entrance in accordance with RC-64M, PennDOT Publication 72.

For new or expanded driveways not associated with new home construction, a zoning permit is required prior to the start of construction of any driveway. The Township will inspect the proposed driveway location to determine whether a drainage pipe or other facility is required to provide proper drainage. If a drainage pipe is required, it shall be as required by the Township and shall be installed by the applicant. The applicant shall also be responsible for any additional grading required by the Township to maintain proper drainage.

[Amended 12-1-2008 by Ord. No. 2008-17]

(10)

Sight distance. Adequate sight distance shall be provided in accordance with Exhibit VI and Exhibit VII.[5]

[5]

Editor's Note: Exhibits VI and VII are included at the end of this chapter.

§ 173-26 Curbs and gutters.

Curbs.

Curbs must be installed in residential developments with greater than six lots which have a typical lot width of 100 feet or less at the street line, or in commercial and industrial areas at the discretion of the Township. Curbs must be installed on both sides of the interior streets and on the side of streets which bound the development. Curbs may also be required in developments where lot widths are greater than 100 feet if the character of the neighborhood is such that they are considered necessary to control stormwater runoff, prevent erosion, prevent deterioration of streets or provide safety.

Parking lot curbs may have depressed sections to allow stormwater into rain gardens. Bumper stops shall be provided for each parking space where large sections of depressed curbs are used for sheet flow off a parking area onto infiltration areas.

[Added 7-6-2010 by Ord. No. 2010-07[1]]

Editor's Note: This ordinance also provided for the renumbering of former Subsection A(2) as Subsection A(3).

Refer to § 173-25F(12) for curb construction specifications.

Gutters. In areas where curbing is not required, suitable gutters, swales or ditches must be installed to avoid erosion and must be of sufficient cross section to permit the unimpeded flow of stormwater. The Township may require the installation of curbs and/or gutters in any development where the evidence indicates that such improvements are necessary for proper drainage.

§ 173-27 Sidewalks and pedestrian pathways.

[Amended 7-20-1998 by Ord. No. 1998-7]

Requirements. In addition to § 195-126 of Chapter 195, Zoning, sidewalks shall be installed as follows:

In residential developments with greater than six lots, which have a typical lot width of 100 feet or less, at the street line.

Sidewalks shall be required in developments where lot widths at the street line are greater than 100 feet and the character of the neighborhood is such that they are considered necessary.

Sidewalks shall be required in circumstances where it would be desirable to link sidewalks in existing, adjoining or proposed developments.

Sidewalks shall be required in circumstances where it would be desirable to connect sidewalks to community facilities such as schools, bus stops, shopping areas, restaurants and recreation areas.

[Amended 7-6-2010 by Ord. No. 2010-12]

Sidewalks and pedestrian pathways shall be required in areas where they would provide safer avenues of personal exercise (walking, jogging, bicycling, etc.) within a neighborhood or extended community, and not purely as a destination between two points.

[Added 7-6-2010 by Ord. No. 2010-12]

Sidewalks and pedestrian pathways shall be required in areas where they would reduce future dependency on motorized vehicles for local travel within the nearby community.

[Added 7-6-2010 by Ord. No. 2010-12]

Placement.

All sidewalks must be constructed no closer than one foot to the street right-of-way line and extended toward the curb or gutter line. A grass-planting strip, not less than two feet in width, shall be provided between the curb or roadway edge and the sidewalk.

Sidewalks must be installed on both sides of the interior streets and on one side of streets which bound the developments.

The Township may waive requirements for sidewalks on one or both sides of the street where pedestrian interior pathways, in the judgment of the Township, better serve the needs of the subdivision or land development.

Construction specifications.

[Amended 7-6-2010 by Ord. No. 2010-12]

Sidewalks shall be constructed in accordance with § 173-25F(14) of this article. Pervious concrete should be considered as a materiel of choice where expected lot impervious coverage is greater than 25%.

Pedestrian bridges, when not part of a roadway bridge, shall be approved by the Township Engineer.

Maintenance. Maintenance of sidewalks shall be the responsibility of the property owner.

Pedestrian pathways.

[Amended 7-6-2010 by Ord. No. 2010-12]

Pedestrian pathways, in accordance with § 195-88E of Chapter 195, Zoning, shall be provided to provide improved circulation or access within or between developments and to schools, playgrounds, parks, shopping centers, restaurants, transportation, open spaces and other facilities.

Pedestrian path easements must be at least 10 feet in width and have a travel surface of a least five feet in width. A minimum ten-foot right-of-way shall be provided for pedestrian paths which may be located along the rear or side property lines.

All pedestrian paths shall be constructed of a stone subbase and a paved walking surface, with adequate stormwater drainage along side and under the path, in accordance with the Township pedestrian path plan and/or the discretion of the Township Engineer. (See Exhibits X, XI, XII for examples.[1]) Pervious pavement should be considered as a material of choice.

Editor's Note: Exhibits X, XI and XII are included at the end of this chapter.

§ 173-28 Monuments and markers.

Specifications. Monuments and markers must be constructed as follows:

Table 12. Monument and Marker Specifications
	Material	Minimum Size
Monument	Concrete	4 inches by 4 inches by 30 inches
Marker	Iron pipes or iron or steel bars	15 inches by 3/4 inch (diameter)

Placement and marking. Monuments and markers must be placed by a registered engineer or surveyor so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They must be set so that the top of the monument or marker is level with the surface of the surrounding ground. The monument must be permanently marked on top.

Location of monuments. Monuments must be set:

At the intersection of lines forming angles in the boundaries of the original tract of the development or subdivision.

On the right-of-way lines of the streets at the following locations:

At least one monument at each intersection.

At changes in direction of street lines, excluding curb arcs at intersections.

At each end of curbed street line, excluding curb arcs at intersections.

An intermediate monument wherever topographical or other conditions make it impossible to sight between two otherwise required monuments.

At such other places along the line of streets as may be determined by the Township to be necessary so that any street may be readily defined in the future.

The concrete monuments must be installed and inspected by the Township prior to final plan approval. However, a modification of requirements can be requested to post financial security in lieu of installing monuments if it is determined that the monuments would be disturbed by construction activities.

Location of markers. Markers must be set:

At the beginning and ending of curves along street property lines.

At points where lot lines intersect curves either front or rear.

At angles in property lines of lots.

At all other lot corners.

Removal. Any monuments or markers that are removed must be replaced by a registered engineer or surveyor at the expense of the lot owner or person removing them.

§ 173-29 Erosion and sedimentation control approval and NPDES permit.

[Amended 3-21-2005 by Ord. No. 2005-3]

For earth disturbance activities of 5,000 square feet or more, an erosion and sedimentation control plan must be submitted to and approved by the Dauphin County Conservation District in accordance with Chapter 102 regulations, Section 102.4.b.

For earth disturbance activities of one acre or more, an NPDES general permit or individual permit must be obtained from the Dauphin County Conservation District and/or Pennsylvania Department of Environmental Protection.

During construction, any earth disturbance activities of one acre or more shall be required to meet the same stormwater peak flow requirements as post-construction stormwater.

[Added 6-4-2012 by Ord. No. 2012-10[1]]

Editor's Note: This ordinance also provided for the redesignation of former Subsections C through F as Subsections D through G, respectively.

A Township zoning permit must be obtained in accordance with Chapter 195, Zoning, § 195-97.

The above approvals and/or permits must be obtained prior to approval of the final subdivision or land development plan and prior to the commencement of earth disturbance activities.

Besides subdivision and land development, erosion and sedimentation control permits may also be required for installation of stormwater facilities, forestry activities, large individual residential construction, land clearing, and other earth disturbance.

[Added 7-6-2010 by Ord. No. 2010-09]

Any earth disturbance activity which requires a permit which results in either soil piles or barren ground shall require piles or barren ground to be seeded within 20 days of formation, if no land development activities are present on the site.

[Added 7-6-2010 by Ord. No. 2010-09]

§ 173-30 Wetlands.

The applicant must determine if wetlands exist on the property in the proposed subdivision or land development. The applicant must also determine if any wetlands will be impacted off-site from the property. This determination shall be made in accordance with the current requirements of the Department of Environmental Protection (DEP) and the United States Army Corps of Engineers (USCOE).

If there are no wetlands on the property and no wetlands will be impacted off-site, then the following certification note must be placed on the plan:

"I, (signature of consultant and date), hereby certify that there are no wetlands on the subject property, the proposed project will not impact off-site wetlands, and wetland permits are not required from the state or federal government."

If there are wetlands on the property and/or wetlands will be impacted off-site, then the following is required:

A wetland study must be submitted to the Township prepared in accordance with the current requirements of the DEP and USCOE and the following:

A narrative describing the site features, including:

Property address.

[2]

Property tax number.

[3]

Property owner's name.

[4]

Location of the property in the Township.

[5]

Date of the site survey.

[6]

General conditions and findings of the site survey.

[7]

Permit requirements.

A drawing (scale one inch equals 100 feet), on a sheet or series of sheets no larger than 17 inches by 22 inches in size, containing the following information:

The outline of the property and area being studied.

Wetlands from the National Wetlands Inventory (NWI) and Dauphin County Soil Survey, delineated.

The extent and type of hydric soils, delineated and identified using the Hydric Soils of Dauphin County.

The extent of hydrophytic plans delineated and identified.

Streams, watercourses and floodplains delineated and the hydrology of the area.

Wetland delineation.

Drawing scale.

Property tax number.

A copy of any required completed permit applications such as a water obstruction and encroachment permit or general permit from the DEP and a Section 404 permit from USCOE.

Wetlands shall be verified by a site visit.

The following certification notes shall be placed on the subdivision or land development plan sheet that will be recorded and the notes shall also be placed on the plan included in the wetlands study:

"I, (signature of consultant and date), hereby certify that a wetlands study was conducted in accordance with Township, state and federal requirements and this plan accurately depicts the extent of those wetlands."

"I, (signature of applicant and date), hereby certify that I am in receipt and aware of the results of the wetlands study."

Any approval by the Township shall be contingent on full compliance with any requirements of any regulatory agency, and no action by the Township shall be relied on in lieu of a permit issued by the appropriate agency.

§ 173-31 Fire protection reservoirs.

The Township may require that any subdivision of more than six lots, and which includes a new public road, be provided with underground water storage reservoirs for fire protection.

A maximum of one ten-thousand-gallon reservoir per up to 10 lots may be required. Reservoirs shall be located in the public right-of-way or on private lots with easements to be approved by the Township Solicitor. Reservoir locations shall be approved by the Township and Fire Company. Fire protection reservoirs shall be public improvements and shall be maintained by the Fire Company.

Reservoirs shall be fiberglass or other approved material installed to the standards required for oil storage tanks. Design and installation shall be approved by the Township and the Fire Company.

Reservoirs shall have a standpipe and a fill valve designed and installed to specifications approved by the Fire Company.

Reservoirs shall be included among the improvements which require Township inspection during construction. Inspections shall be conducted by the Township and the Fire Company. Before acceptance of improvements by the Township and issuance of occupancy permits, reservoirs shall be inspected and tested by the Fire Company and an approval issued, in writing, by them.

Where a proposed subdivision includes an existing or proposed pond, a dry hydrant may be required by the Township. Hydrants shall be installed at the edge of the right-of-way of a street and shall be of a material and shall have a connection approved by the Fire Company.

§ 173-32 Water supply.

Each new dwelling created within the Township shall be individually self-sufficient for water supply, and the water supply system shall be public, community or individually owned, maintained and operated by the owners of each dwelling. Individual or community wells may be located within the undivided open space, with appropriate easements, at the discretion of the Township.

The provisions of this section are intended to ensure that each dwelling unit and each commercial or industrial building in all subdivisions and land developments hereafter granted approval shall have an adequate supply of potable water for domestic use and, where feasible, for fire protection.

Water facilities feasibility report.

A feasibility report concerning the availability and/or adaptability of water facilities in or near a proposed land development shall be prepared and submitted to the Township in the following cases:

A subdivision involving six or more lots, or a subdivision involving five lots or less and requiring new streets or other public improvements.

A land development involving 5,000 square feet or more of total impervious coverage, whether existing or proposed.

This report shall be prepared by a professional engineer licensed in the State of Pennsylvania. Two copies of the report shall be submitted in conjunction with the preliminary plan. The Township Codes and Zoning Officer shall distribute one copy of the report to the Township Engineer for his review and recommendation. Water facilities will be provided in accordance with the water facilities feasibility report. Where there is a choice, the desired alternatives in descending order are public, community and private.

The feasibility report shall consist of an examination of the possible use of an on-site water supply system(s) and the impact of such system(s) on groundwater supplies, or connection to an existing water supply system or the construction of a central community system. The report shall include the distance from the nearest public water system and the capacity of the existing system to accommodate the proposed land development, where applicable.

On-lot water supply. Where there is no existing public water supply and the feasibility report indicates that connection to a public water supply system and a central community system is not feasible, each lot in the development must be provided with an individual on-lot water supply system in accordance with minimum standards approved by the Pennsylvania Department of Environmental Protection. The Board of Supervisors shall approve the use of individual on-lot water supply systems (wells) when:

This report indicates that justification of the project necessitates consideration of this type of water supply.

The anticipated water supply yield is adequate for the type of development proposed.

The installation of such systems will not endanger or decrease the groundwater supplies to adjacent properties.

Public water supply.

Where there is an existing public water supply system within 500 feet of a proposed subdivision of two lots or within 1,000 feet of a proposed land development with 5,000 square feet or more of existing and/or proposed impervious coverage, or a subdivision of three lots or more, and such existing system has adequate planned capacity and is willing to serve that subdivision or land development, a complete water supply system connected to the existing public water supply system must be provided. Fire hydrants must be installed in accordance with § 173-32F(5).

Where plans approved by a public water supplier provide for the installation of such public water supply facilities within four years, the developer shall provide a complete water supply system ready to be connected to the proposed water main supply system.

Where connection to a public water supply is possible or feasible, the plan for the installation of such water supply system must be prepared for the development with cooperation of the appropriate water utility company and approved by the Township Engineer. Upon completion of the water supply system, a reproducible as-built plan of the system must be filed with the Township.

Central community water supply.

The design and installation of central community water supply systems shall be subject to the approval of the Board and of the Pennsylvania Department of Environmental Protection (PADEP), and such system shall be further subject to satisfactory provisions for its maintenance. Standards and materials for the construction of any central water supply system shall meet or exceed those requirements described in the Public Water Supply Manual of the PADEP and shall be subject to the approval of the Township Engineer. Where a permit is required by said Department, it shall be presented as evidence of such review and approval before construction commences.

Ownership and maintenance of central community water supply and distribution systems shall be the responsibility of an organization formed and operated in accordance with the provisions of § 173-34 of this chapter.

Wherever a central community water supply system is proposed for a development, a distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate water main sizes and fire hydrant locations to meet the specifications of the Middle States Department Association of Fire Underwriters.

The developer shall be required to show proof through a water feasibility study that the central community water system will have an adequate supply of potable water for domestic or other proposed use and that each unit or building will have an adequate supply for purposes of fire protection and that such system meets the minimum standards controlling water storage and production capabilities for domestic and fire use. A technical study shall be submitted for Township and Township Fire Company or Public Safety Advisory Board review which shall include information as described in the Public Water Supply Manual of the Pennsylvania Department of Environmental Protection as well as other information as may be required by the Township Fire Company or PADEP.

[Amended 7-6-2010 by Ord. No. 2010-06]

Wherever a central community water system is provided, fire hydrants suitable for the coupling of equipment serving the Township shall be installed as specified by the Insurance Services Offices of Pennsylvania. Location of hydrants shall be approved by the Township upon review and recommendation by the Township Fire Company or Public Safety Advisory Board.

[Amended 7-6-2010 by Ord. No. 2010-06]

Generally, all fire hydrants will be located on an eight-inch line or a looped six-inch line. Where a dead-end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.

Fire hydrants shall be spaced in a development so that all proposed building(s) will be no more than 600 feet from the hydrant measured along traveled ways.

All central water systems must provide a minimum of 500 gpm at a residual pressure of 20 pounds per square inch for a two-hour period.

§ 173-33 Sewage service facilities.

Each new dwelling created within the Township shall be individually self-sufficient for sewage disposal and the sewage disposal system shall be public, community or individually owned, maintained and operated by the owners of each dwelling. Individual or community sewage facilities may be located within the undivided open space, with appropriate easements, at the discretion of the Township.

All final plan submission shall include completed Sewage Facilities Planning Modules for land development provided by PADEP. The final plan review process shall not commence until completed Planning Modules have been submitted, including test pit and percolation test information for each proposed lot. The commencement of the final plan review process shall thus coincide with the commencement of the Planning Module review process.

Planning Module review shall be in accordance with the Pennsylvania Sewage Facilities Act of 1965, P.L. 1535, No. 537, as amended;[1] PADEP's Chapter 71 regulations, Administration of Sewage Facilities; the Township's 537 Plan; and this and other Township ordinances.

Editor's Note: See 35 P.S. § 750.1 et seq.

The Planning Module, copies of Form A, Notification of Potential Effect of Proposed Action on Archaeological and Historical Resources, and all related correspondence to and from the Pennsylvania Historic and Museum Commission (PHMC) shall be forwarded to the Township Historical Commission and the Planning Commission. Such copies shall be forwarded to the Township within one week of sending or receipt of these materials by the applicant.

Measures to mitigate the impact of the proposed development upon archaeological and historic resources, agreed to with PHMC, shall be reviewed by the Township during the plan process, shall meet the requirements of Township ordinances and shall be subject to review and approval by the Board.

The developer shall provide the most advanced and highest type of sanitary sewage disposal facility consistent with existing physical, geographical and geological conditions of the site, and in conformance with all applicable Township, state, county and federal ordinances and/or regulations.

Based upon the results of the Planning Module, public, community or individual sewage service facilities must be provided.

On-lot sewage disposal systems.

Where public sanitary sewers are not feasible, the use of on-lot sewage disposal systems shall be permitted. The use of such on-lot systems is governed by regulations of the PADEP and enforced by the Township Sewage Enforcement Officer (SEO).

Prior to the approval of any plan showing on-lot sewage disposal systems, the developer shall have had soils testing performed on each lot to determine the suitability for such systems, and shall have secured the approval of the Township SEO and/or PADEP through the use of a Planning Module for Land Development. Each on-lot sewage disposal system must be inspected and approved by the Township SEO and/or PADEP.

An individual sewage disposal system shall be located on the lot which it serves, or within adjacent open space that is designated for that purpose.

Public sanitary sewers.

A subdivision of three or more lots or land development that is proposed within the Ultimate (twenty-year) Service Area designated within the Act 537 Plan shall connect to the public sanitary sewer system.

If connection to a public sanitary system is proposed, a written application requesting the allocation and reservation of sanitary sewer capacity for the development must be submitted with the preliminary plan (where such reservation is required).

The design and construction of the public sanitary sewer system shall be in accordance with the following:

Construction of the system shall be at the developer's own expense and shall not commence until application has been made to, and written authorization to proceed with such construction has been obtained from, the Township. The plan for the installation of a sanitary sewer system must be prepared for the development and approved by the Township Water and Sewer Authority and the DEP, when applicable. All construction shall be in conformance with such approved plans and specifications. Upon completion of the sanitary sewer installation, a reproducible as-built plan of the system must be filed with the Township.

Pipe sizes for sanitary sewer mains and sewer laterals and locations for manholes shall meet current Township Water and Sewer Authority specifications. The Township Water and Sewer Authority must inspect the sewer line before it is covered.

Sanitary sewers shall not be used to carry stormwater.

Community sewage systems.

Community sewage systems shall be permitted if it can be shown that such an approach would provide more reliable and effective treatment of waste than individual on-lot systems or a community system is required as part of open space planning.

Community sewage systems may be installed only in subdivisions of six lots or more. The maximum permitted building density, as required by provisions of Chapter 195, Zoning, shall not be permitted to be altered by installation of a community sewage system.

Systems shall be approved by and permission to construct any facility shall be received from the DEP prior to construction.

The community sewage system shall be located on a separate lot under the ownership of an organization approved by the Township. The lot shall be used solely for the community service system and for no other purposes except passive or active recreation, silviculture, horticulture and similar uses. The area of the lot shall be of sufficient size to accommodate the system, the required area for a complete alternate or replacement system and all required setbacks.

All facilities shall be set back a minimum of 100 feet from the property lines of the tract, private lots or from buildings. The limits of spray fields of a spray irrigation system shall be set back a minimum of 200 feet from property lines of the tract, private lots or from buildings, or the requirements of PADEP, whichever is greater.

A Level Three planting screen in accordance with Chapter 195, Zoning, shall be provided to buffer the facility from private lots and adjacent tracts.

Ownership and maintenance of all systems and property shall be the responsibility of an organization formed and operated in accordance with the provisions of § 173-34 of this chapter.

The Township shall have the right to professionally inspect and test community service systems at any time. The Township may require the owner to provide the results of regular professional testing of the system when the Township deems necessary. The costs of inspections and testing shall be the responsibility of the owner.

All sewage service facilities shall be constructed and maintained in compliance with the Township's Sewage Facilities Plan.

§ 173-34 Common facilities.

Ownership standards. Facilities to be held in common, such as central community water supply or community sewage service systems, shall be held using one of the following methods of ownership subject to the approval of the Board:

Homeowners' association. The facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated in accordance with the provisions of Subsection B of this section.

Condominium. The facilities may be held as common element under a condominium agreement. Such agreement shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980.[1]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Homeowners' association regulations. The following regulations shall be considered minimum standards governing the homeowners' association:

Bylaws describing the formation and the duties of the association, including the responsibilities for maintenance of the common open areas, shall be defined and presented to the Township for review and approval as part of the final plan submission.

Membership shall be mandatory by all residents served by the facility. Membership and voting rights shall be defined.

Rights and duties of the Township and members of the association, in the event of a breach of the covenants and restrictions, shall be defined.

The bylaws shall include a statement which grants to the association the legal authority to place liens on the properties of members who are delinquent in the payment of their dues. The bylaws shall also grant the Township such power, but not the duty, to maintain the common facilities, and to assess the cost of the same as provided within the Pennsylvania Municipalities Planning Code.[2]

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

Maintenance standards.

The common facility shall be operated and maintained by a professional organization specializing in the required services and approved by the Board. The agreement between the association or condominium and the professional organization shall be subject to review by the Township Solicitor and approval by the Board.

The Township shall, upon request, be given access to all records of the association or condominium and all records of the professional organization relating to the common facility.

Delinquency. In the event that the association or condominium established to own and maintain the common facility, or any successor organization, shall at any time after the establishment of the common facility fail to maintain said facility in reasonable working order and condition in accordance with established standards, guidelines and agreements, the Board may serve written notice upon the association or condominium and/or the residents served by the common facility, stating:

The manner in which the association or condominium has failed to maintain the common facility in reasonable condition.

A demand that such deficiencies of maintenance be corrected within 30 days.

The date and places of hearing which shall be held within 45 days of the notice.

Public hearing. At such a hearing, the Board may amend the terms of the original notice concerning the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies or any modifications thereof were not corrected within 30 days of the notice of delinquencies referred to above or within any extension, the Township may enter upon the common facility and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said common facility, nor vest in the public any rights to use the same. Maintenance of the common facility shall include all activities related to operation of the facility, including but not limited to administration, assessing and collecting of fees, testing and necessary improvements.

Burden of proof. Before the expiration of said year, the Township shall, upon its initiative or upon request of the association or condominium, call a public meeting upon notice to the association or condominium and to the residents served by the facility. At the hearing, the association or condominium or the residents shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Board shall determine that the association or condominium is ready, willing and able to maintain said common facility in reasonable working order and condition, the Township shall cease to maintain the common facility at the end of said year. If the Board shall determine that the association or condominium is not ready, willing and able to maintain said common facility in a reasonable working order and condition, the Township may, in its discretion, continue to maintain said common facility during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

Any and all costs to the Township incurred as a result of maintenance of the common facility and any additional penalties or fees set by the Township shall be paid by the association or condominium and the residents served by the facility. Any invoices from the Township for such costs which remain unpaid following a period of 45 days, shall be subject to an increase of 1.5% per month (18% annually) and a lien which shall be filed against the premises of the owner or resident in the same manner as other municipal claims.

§ 173-35 Utilities.

Underground wiring.

All electric, telephone, television and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public rights-of-way unless special conditions require otherwise. Utilities shall be installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

Lots which abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have been previously installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.

Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines as follows: Alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through tree areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments where possible.

Year-round Level Three screening in accordance with Chapter 195, Zoning, of any utility apparatus appearing above the surface of the ground, other than utility poles, shall be required.

All underground utilities shall be put in place, connected and approved before the streets are constructed, where such utilities lie under the proposed cartway, and before any person is permitted to occupy any building to be served by such utility.

Underground utility notifications. In accordance with the provisions of PA Act 38, as amended,[1] any applicant shall contact all applicable utilities and accurately determine and show the location and depths of all underground utilities within the boundaries of the tract proposed for development and in the vicinity of any proposed off-site improvement, prior to excavation. A list of all the applicable utilities, their telephone numbers and the PA One Call Service Number shall appear on the cover page of plans submitted for review.

[Amended 7-6-2010 by Ord. No. 2010-08]

Editor's Note: See 73 P.S. § 176 et seq.

Aboveground utilities. Not withstanding vertical separation distance required by the utilities, no line shall sway closer than 15 feet above the ground directly below the wire at any point along the line.

[Added 7-6-2010 by Ord. No. 2010-08]

§ 173-36 Utility, conservation and drainage easements.

Width and location. Easements with a minimum width of 20 feet shall be provided for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and/or other utility lines intended to service the abutting lots and for access to facilities. Easements with a minimum width of 20 feet shall be provided for pedestrian paths. Also, easements shall be provided for all stormwater management facilities. Whenever possible, such easements shall be centered on the side or rear lot lines or along the front lines.

Petroleum, gas and electric transmission lines. Where any petroleum, petroleum products, natural gas or electric transmission line traverses a subdivision or a land development, the developer shall confer with the applicable transmission or distribution company to determine the minimum distance which shall be required between each structure and the center line of such transmission line. Additionally, a letter from the owner of the transmission line stating any conditions on the use of the parcel and the right-of-way width, or a copy of the recorded agreement which shall contain the above data, shall be required to be submitted with a preliminary plan application.

Watercourse, drainage channel, stream, pond or lake. A drainage easement shall be provided where a subdivision and/or land development is traversed by a watercourse, drainage channel, stream, pond or lake. The easement width shall be determined by the Township Engineer and it shall conform substantially with the line of the watercourse, drainage channel, stream, pond or lake, and its width shall be adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing a stormwater sewer. Under no circumstances shall the easement be less than 20 feet.

§ 173-37 Parkland and recreation requirements.

[Amended 3-5-2001 by Ord. No. 2001-3; 9-2-2008 by Ord. No. 2008-06]

Purpose. All residential subdivisions or land development plans submitted after the effective date of this chapter shall provide for suitable open space and/or recreation land in the Township in order to:

Ensure adequate recreational areas and facilities to serve the future residents of the Township in accordance with the Township's Comprehensive Recreation, Park, and Open Space Plan and the Township Ped/Path Plan.

Maintain compliance with Township recreational standards and similar guidelines as developed by the National Recreation and Parks Association.

Reduce increasing use pressure on existing recreational areas and facilities in the Township.

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

Exemptions from dedicating public land for public recreation:

Any single- and/or multifamily residential subdivision or land development plan for which preliminary or final plan has been submitted prior to the effective date of this chapter which is ultimately approved and development is substantially completed within five years of approval.

Any residential subdivision or land development plan, whether single, and/or multifamily, that contains less than 50 dwelling units may be exempted by the Board of Supervisors from dedicating land for recreational purpose, but shall pay the fee-in-lieu of land dedication as provided by this chapter. Requests for the exemption of land dedications shall be in writing to the Board of Supervisors.

Any nonresidential land development plan is exempted from dedicating land for recreational purposes and shall be exempt from paying the fee-in-lieu of land dedication. Mixed use developments shall have the nonresidential component of the development exempt from dedicating land for recreational purposes, and exempt from paying the fee-in-lieu of dedicated land. The residential component of the mixed use development shall be required to dedicate land and/or pay the fee-in-lieu.

Minor subdivisions involving lot add-ons and yard extensions with no new residential development shall be exempt from land dedication. Requests for the exemption of land dedications shall be in writing to the Board of Supervisors.

Land requirements for public park and recreation land (determining "N").

The amount of land in acres required to be provided for recreational purposes for residential subdivisions or land development plans not exempted from the provisions of this article is based on the planned level of service (LOS) standard defined in the "Methodology Report" of the West Hanover Township Recreation, Park and Open Space Plan. The minimum land required to be dedicated for public parks shall be calculated as follows:

Single-family residential developments. In the case of a single-family subdivision or land development project, the applicant shall provide a minimum of 0.06 acres (approximately 2,613.60 square feet) of public recreation land for each building lot or dwelling unit.

Multifamily residential developments. In the case of a multifamily land development project, the applicant shall provide a minimum of 0.06 acres (approximately 2,613.60 square feet) of public recreational land for each dwelling unit in the multifamily development.

In mixed development projects involving any combination of single-family, multifamily and/or nonresidential developments, the applicant shall calculate the recreation land area requirements for the residential component only in the calculation of land area ("N").

Land to be dedicated for public use shall conform to standards of the West Hanover Township Comprehensive Park, Recreation and Open Space Plan and/or Ped/Path Plan guidelines and § 173-37D of this chapter.

Such land set aside for recreation uses shall be suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location and topography in accordance with the guidelines established in the Comprehensive Park, Recreation and Open Space Plan and/or Ped/Path Plan and shall be subject to the approval of the Board of Supervisors upon recommendation of the West Hanover Township Parks and Recreation Board.

Recreation land area and location criteria. The Township Parks and Recreation Board, Planning Commission and the Board of Supervisors, in exercising their duties regarding the approval of subdivision and land development plans, shall consider the following criteria in determining whether to approve the proposed location of public recreation land within the applicant's subdivision or land development plans:

Recreation areas and ped/path system land.

Site or sites shall be in conformance with the Township's Comprehensive Park, Recreation and Open Space Plan and/or Ped/Path Plan.

Site or sites to be used by the public shall be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have access to a public road; however, no public road shall traverse the site or sites.

Site or sites shall have suitable topography and soil conditions for use and development as a recreation area.

Recreation areas shall consist of one contiguous tract of land with a minimum size of two acres.

Site or sites necessary for public park use shall be suitable for development as a particular type of park may warrant. The Township will categorize park sites using the standards established by the National Recreation and Parks Association, as amended, and the Township's Park and Recreation Plan [e.g., Park, Recreation, Open Space and Greenway Guidelines (1996), Park Planning Guidelines (2000)].

Applicants designing and developing public recreation areas shall consider standards established by the National Recreation and Parks Association or similar standards and provide evidence as to how these standards were incorporated into the reservation and design of public park land.

Site or sites for public use shall be easily accessible to essential utilities, such as water, sewer and electric.

Site or sites designed for play fields and general recreational uses shall meet minimum size requirements for usable acreage with respect to National Recreation and Parks Association standards with 75% of such area having a maximum slope of 5%.

(i)

If the site or sites have been disturbed or altered prior to dedication, the applicant shall improve it (e.g., grading, topsoil replacement, seeding, etc.) as near as possible to the condition acceptable to the Township for use as public parkland.

Dedication of public recreational land to the Township.

The West Hanover Township Board of Supervisors shall determine whether the land to be dedicated for public use is suitable for public dedication and use. Prior to Board of Supervisor approval of public recreation areas to be dedicated to the Township, the Township Park and Recreation Board shall make its recommendation in writing to the Board of Supervisors as whether the dedication should be accepted by the Township based on the following standards:

Recreation land dedicated to the Township shall serve a valid public purpose and shall be suitable for recreational purposes by reason of size, shape, location topography and access.

Recreation land dedicated to the Township shall meet the recreation land criteria of § 173-37D(1) of this chapter and other relevant recreational guidelines adopted by reference or adopted by the Township in the West Hanover Township Comprehensive Recreation, Park and Open Space Plan, as amended.

When the Board of Supervisors deems it to be in the public interest to accept dedicated land, such acceptance shall be by means of a signed resolution to which the property deed and description of the dedicated recreation area shall be attached.

Private reservation of recreational land.

As provided in § 173-37G of this chapter, the Board of Supervisors may accept the private reservation of recreation areas as a percentage of the required acreage of park and recreation land in lieu of public land dedication. The private land set aside for these purposes shall be suitable in size, dimensions and topography in relation to the relation to the proposed use and shall meet all the requirements of § 173-37D(1) of this chapter.

The applicant shall satisfy to the Board of Supervisors that adequate provisions are in place to assure permanent retention of all parkland and that all future maintenance of such parkland or common areas is appropriately addressed by the owner of the property or a bona fide organization or by providing for and establishing an organization responsible for the ownership and maintenance of recreation areas.

Such organization shall not be dissolved nor shall it dispose of the private recreation area by sale or otherwise, except to an organization conceived and established to own and maintain the recreation area, without first offering to dedicate the same to the Township.

Fee in lieu of public park and recreation land dedication.

In accordance with § 173-37B(2) and (3) of this chapter or upon recommendation of the West Hanover Township Park and Recreation Board, or where the Board of Supervisors agrees with the applicant that because of size, shape, location, access, topography or other physical features; or there is nonconformance with the Township's Park and Recreation Plan; or that it is impractical to dedicate recreation land to the Township or set aside recreation land as required by this article, the Board of Supervisors shall require a payment of a fee in lieu of dedication of such land. The fee in lieu of land dedication shall be based on the fair market value (FMV) of improved buildable lots on the property.

[Amended 5-3-2010 by Ord. No. 2010-05]

Standards for determining the fair market value (FMV) of buildable lots.

Where a fee contribution is made in lieu of required land dedication, the value or amount of such contributions shall be based upon "fair market value" (FMV) of buildable residential land at the time of the filing of the final plan with the Township or the first final plan phase of a subdivision or land development plan consisting of multiple phases.

[Amended 5-3-2010 by Ord. No. 2010-05]

The Board of Supervisors shall determine the "fair market value" (FMV) based upon a written appraisal report prepared by the developer or applicant and signed by an appraiser licensed as such in the Commonwealth of Pennsylvania and certified by such appraiser to be a fair and reasonable appraisal of such land. The FMV appraisal report shall be submitted with the final plan application. The appraisal shall be made prior to the filing of the final plan or final plan phase. However, in no case shall a FMV appraisal be conducted more than 120 days from the date of plan submission to the Township. If more than one year lapses from the filing of the final plan, the applicant/developer shall submit a new appraisal.

Fair market value (FMV) shall be based upon an appraisal of a buildable acre of land, where "buildable" is defined for this purpose as a typical area of land within the subdivision or land development with a slope of less than 7%, and not located in an area subject to flooding, containing stormwater management facilities, easements, or other similar environmental restrictions; and as though approved utilities are present.

[Amended 5-3-2010 by Ord. No. 2010-05]

In accordance with § 173-37G(2)(b) above, the approved FMV for a buildable acre shall be adjusted with each phased final plan submission to keep current with actual land value if the subdivision and land development is planned in development phases over multiple years as permitted by this chapter.

[Amended 5-3-2010 by Ord. No. 2010-05]

The Township, upon the recommendation of the Board of Supervisors, may refuse to accept any FMV appraisal from any developer or applicant for good cause shown. If the applicant or developer and the Township are unable to agree upon a FMV appraisal, the appraisal shall be submitted to and recertified by another professional appraiser licensed as such in the Commonwealth of Pennsylvania and chosen mutually by the Township and the applicant or developer. The appraisal certified by the second appraiser shall be presumed fair and reasonable and shall be the final FMV appraisal. In the event that a second appraiser is chosen, fees for the services of said appraisal shall be paid equally by the Township and the applicant or developer.

[Amended 5-3-2010 by Ord. No. 2010-05]

Determining the amount of fee in lieu of land dedication. The amount of fee to be paid in lieu of dedication of land shall be based on the results of the applicant's FMV appraisal report and the following formula, where "N" equals the required number of acres of parkland as per § 173-37C of this chapter:

[Amended 5-3-2010 by Ord. No. 2010-05]

	"N" x (FMV of one buildable acre) = Fee
	Examples:
	SF Residential Development with 72 homes on 72 lots
	(4.32 acres required) x (FMV per acre of $25,000) = $108,000
	MF Residential with 48 units
	(2.88 acres) x (FMV per acre of $25,000) = $72,000

Any fees authorized under this subsection shall, upon its receipt by the Township, be deposited in an interest bearing account, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Fees-in-lieu of public park and recreation land shall be paid in one lump sum prior to recording the phase of the final plan for which the fees are calculated. Funds from such accounts shall be expended only in properly allocable portions of the cost to construct the specific recreation facilities for which the funds were collected.

Upon request of any person who paid any fee under this subsection, the Township shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township has failed to utilize the fee paid for the purposes set forth in this section.

[Amended 8-20-2018 by Ord. No. 2018-07]

Use of fee-in-lieu of public park and recreation land dedication. Upon agreement by the applicant, the Township may accept fees-in-lieu of public or private park and recreation land dedication. See Exhibit XIII.[1] The fees paid from the subdivision and/or land development should be used for recreational purposes, which are reasonably accessible to the inhabitants of the development that is the source of the fees-in-lieu of land dedication. In addition, if determined by the Board of Supervisors that the neighborhood area for which the fees were collected is adequately served by recreation land and facilities, the fees may be used for:

[Amended 5-21-2018 by Ord. No. 2018-06; 8-20-2018 by Ord. No. 2018-07]

Acquisition of land and development of facilities at a centralized "community-wide park" as recommended in the Comprehensive Recreation, Park and Open Space Plan of 2000, as amended, provided that the development is within the borders of the Township.

Acquisition of land and development of facilities for a "community-wide ped/path system" as planned in the West Hanover Township Ped/Path Plan, as amended; provided that the development is within the radius of the ped/path system as specified in the West Hanover Township Ped/Path Plan, as amended.

Acquisition of land and development of existing facilities within a "neighborhood park or community park" as recommended by West Hanover Comprehensive Recreation, Park and Open Space Plan of 2000 as amended; provided that the development is within the radius recommended in the West Hanover Comprehensive Recreation, Park and Open Space Plan of 2000, as amended.

Improvement of planned and existing single common community recreation facilities unique to the Township (e.g., movie screens, rinks, swimming pools, specialized fields and other recreational facilities).

Operating and maintaining parks or recreational facilities.

Editor's Note: Exhibit XIII is on file in the Township offices.

Combination option for land dedication, facility improvements and fees. Upon agreement by the applicant, the Township may accept the construction of recreational facilities, the payment of fees-in-lieu thereof, the private reservation of permanent recreational areas, the dedication of land located in other areas of the Township, or a combination of the above.

Timing of land dedication and payment of fees in lieu of land dedication and/or required improvements.

The process for dedicating public recreation areas, establishing fees-in-lieu of land dedication, the construction of recreational facilities, the private reservation of permanent recreational areas, the dedication of land located in other areas of the Township, or a combination of the above may begin during the preapplication and preliminary plan stages of the plan review process.

The transfer of all land to be dedicated or reserved shall be concluded immediately following final plan approval or approval of the first final phase of a subdivision or land development plan consisting of multiple phases. On the approved final plan, or the approved first final plan phase of a subdivision or land development plan consisting of multiple phases, the applicant shall include an irrevocable statement of dedication guaranteeing that the required park and recreation land described on the subdivision will be dedicated to the Township.

Where land dedication or private reserves are required, the proposed deed(s) or dedication shall include the legal description of the area and shall be submitted to the Township Solicitor for review and approval during the final plan review process. Title to the land to be dedicated shall be good and marketable and free of all liens and encumbrances, construction debris, or other defects. Following the approval by the Solicitor of the legal documents related to the land dedication and all other aspects of the plan, the Board shall accept the land dedication and approve the final subdivision and land development and proceed with the recording of the plan.

Fees to be paid in lieu of land dedication and any other combination of fees and agreed-upon recreational facility improvements shall be agreed to in writing prior to final plan approval or approval of the first final plan phase of a subdivision or land development plan consisting of multiple phases. If the fees are to be paid in phases by approved final plan phase, a new appraisal for land fair market value (FMV) shall be submitted with each final plan phase.

Where a fee-in-lieu of land dedication is accepted, the total fees determined in accordance with this chapter shall be paid to the Township prior to any recording of the final plan or recording of the first final plan phase of a subdivision or land development plan consisting of multiple phases. Upon approval by the Board of Supervisors, a final plan shall be contingent upon paying all fees in lieu, prior to the recording of the plan.

Where a combination of land, fees and improvements is agreed upon by the applicant, all requirements of § 173-37J(1), (2), and (3) shall be met and the applicant shall describe in writing the recreational improvements the applicant will make to the land to make it suitable for its intended purposes, such as grading, landscaping, facility construction, etc. Any agreed-upon park and recreation improvements shall be itemized, addressed in a manner consistent with other public improvements and processed in accordance with the Township's public improvement guaranty procedures.

§ 173-37.1 Open space requirements.

[Added 9-2-2008 by Ord. No. 2008-06]

Purpose. All residential subdivisions and/or land development plans submitted after the effective date of this chapter shall provide for suitable open space land in the Township in order to:

Provide open space to serve the future residents of the Township in accordance with the Township's Comprehensive Plan and the Township Ped/Path Plan.

Protect groundwater recharge areas to maintain adequate water supply for future generations of the Township.

Connect developments for the benefits of wildlife and nature trails.

Protect stream corridors, wildlife corridors, environmentally sensitive areas and open space corridors and to discourage forest fragmentation.

Exemptions from dedicating land for open space. The following shall be met in order to qualify:

Minor subdivisions involving lot add-ons and yard extensions with no new residential development shall be exempt from open space land dedication.

Land requirements for open space.

The amount of land in acres required to be provided for open space for both residential subdivisions or land development plans and nonresidential land developments not exempted from the provisions of this article can be found in the West Hanover Township Zoning Ordinance, § 195-86, Determining open space, conservation features percentage, density and minimum lot size calculations.

Land to be dedicated for open space shall conform to standards of § 195-88, Requirements, and be defined by metes and bounds descriptions which tie to a known point, and deeded as a conservation easement.

Such land set aside for open space shall be suitable to serve the purposes listed in § 195-87, Permitted uses, and Article XVI, Environmental Protection Overlay District.

Open space location criteria. The Township Planning Commission and the Board of Supervisors, in exercising their duties regarding the approval of subdivision and land development plans, shall consider the following criteria in determining whether to approve the proposed location of open space land within the applicant's subdivision or land development plans:

Open space features intended or designated to be used for recreation purposes shall be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have access to a public road or sidewalk; however, no public road shall traverse the site or sites. The Township shall consider the requirements of § 195-87 and Article XVI if the open space will have recreational uses.

The open spaces size and shape shall be established in accordance with Chapter 195, Zoning, when preserving conservation areas, natural features or floodplains.

Dedication of open space to the Township.

The West Hanover Township Board of Supervisors shall determine whether the land to be dedicated is suitable for public dedication and use. Prior to Board of Supervisor acceptance of open space areas to be dedicated to the Township, the Township Planning Commission shall make its recommendation in writing to the Board of Supervisors as to whether the dedication should be accepted by the Township based on § 195-83, Purpose, and § 195-85, Open space areas defined, and Article XVI, Environmental Protection Overlay Districts.

When the Board of Supervisors deems it to be in the public interest to accept dedicated land, such acceptance shall be by means of a property deed prepared by the applicant/developer which upon review by the Township Solicitor shall be recorded with the final plan.

Private reservation of open space.

The applicant shall satisfy to the Board of Supervisors that adequate provisions are in place to assure permanent retention of all permanent open space, and that all future maintenance of such open areas is appropriately addressed by the owner of the property or a bona fide organization or trust, or by providing for and establishing an organization responsible for the ownership and maintenance of these open space areas. Ownership and maintenance requirements shall conform to § 195-90, Methods of ownership and maintenance, and § 195-91, Maintenance standards.

Such bona fide organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain that area, without first offering to dedicate the same to the Township.

§ 173-38 Existing tree and vegetation preservation.

The purpose of this section is to conserve existing trees and natural vegetation on the development site in order to protect the Township's water and soil resources. It is the intent of this purpose to further meet the following objectives.

To preserve the existing natural systems and features of the Township, particularly existing plant communities, habitats and wildlife.

To maintain visual buffers of natural vegetation between areas of new development and adjacent roads and properties.

To buffer the impacts of man-made developments from air pollution, noise pollution, bright lights and glare.

To assist in the control of surface stormwater runoff across lawn and other open areas by preserving existing vegetation, hedgerows and buffer areas of natural vegetation to slow and retain such surface runoff.

To preserve the rural character of the Township by preserving interconnected buffer areas of natural vegetation between developed areas.

To minimize erosion and stabilize sloped areas on the development site.

To protect mature trees as assets of the site.

To minimize the cost of providing and maintaining new landscaping.

Conservation of existing trees and vegetation.

The character and extent of existing trees and vegetation on a site shall be fully and accurately described on the plan.

Existing native trees and vegetation within a proposed development shall be preserved to the maximum extent possible. Proposed site improvements shall be located, designed and constructed to minimize the loss of existing trees and vegetation, particularly native woodlands, hedgerows and specimen trees.

The subdivision shall be designed to preserve existing native trees and vegetation along roadways, property lines and lines occurring within a site such as streams, swales, stone fences and hedgerows. Such lines and the native vegetation associated with them shall be preserved as buffers between adjacent properties and between areas being subdivided within a property. Preservation shall include ground, shrub, understory and canopy vegetation.

Trees, with a caliper of six inches or more as measured at a height of 41/2 feet above existing grade, shall not be removed unless they are located:

Within the proposed cartway or sidewalk portion of the street right-of-way.

A distance of 25 feet within the foundation area of a proposed building.

Where existing trees are removed along the street right-of-way, supplemental planting of street trees shall be required in accordance with Article XIX, § 195-123B, of Chapter 195, Zoning.

In areas where trees are retained, the original grade level shall be maintained, if possible, so as not to disturb trees.

No clearing or earth disturbance (except for soil analysis for proposed sewage disposal systems) shall be permitted on a site before the completion of subdivision and land development agreements. The determination of sight distance along roadways shall be made graphically and not by clearing on-site prior to final plan approval.

During construction, no clearing shall be permitted on a site beyond that minimally necessary for the specific construction activity to be undertaken.

Areas of a site which are to be preserved and areas which do not need to be disturbed for construction of required subdivision site improvements (roads, utilities, stormwater management facilities, etc.) shall be protected with a limit of disturbance line.

The limit of disturbance line shall be indicated on the improvements plan.

No construction activity, grading or disturbance shall be permitted beyond the limit of the disturbance line.

Limit of disturbance lines shall also be indicated for the protection of individual specimen trees, groups of trees and other natural features to be retained or preserved with a development.

Limit of disturbance lines shall be clearly marked in the field prior to the start of construction activities. The lines shall be indicated by use of snow fencing, flagged stakes or other means acceptable to the Township for the specific condition or feature to be protected. The lines shall be maintained throughout the period of construction activity.

§ 173-39 Blocks.

The length, width and shape of blocks shall be determined with due regard to:

Provisions of adequate sizes for buildings of the type proposed.

Topography.

Requirements for safe and convenient normal and emergency vehicular and pedestrian circulation, including the avoidance of unessential intersections with major public streets.

Thoughtful and innovative design to create an attractive community.

There shall be no minimum or maximum requirements for length of blocks, except that the length(s) proposed shall not result in inappropriate traffic patterns, unnecessary disturbance to topography or other natural constraints, or any other conditions deemed unsatisfactory and/or unsafe by the Township.

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are required along a major public street, or where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Township may approve a single tier of lots.

§ 173-40 Lots.

Environmental self-sufficiency. Each new dwelling created within the Township shall be individually self-sufficient for both water supply and sewage disposal.

General standards.

The size, shape and orientation of lots shall be appropriate to the type of development and use contemplated. The average length to width ratio for new lots shall be no greater than 4 to 1. Regarding flag lots, only the "flag" area and not the "pole" portion shall be required to meet this standard. Flag lots are not permitted except in accordance with § 195-88L of Chapter 195, Zoning.

Insofar as practical, side lot lines shall be at right angles to straight public street lines or radial to curved public street lines.

Lot area and bulk regulations shall not be less than specified by the provisions of Chapter 195, Zoning, for the area in which the development is located.

Depth and width of lots intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for a well and on-site sewage disposal, on-site parking, loading and unloading, setbacks and landscaping as required by Chapter 195, Zoning.

If, after subdividing, there exist substandard remnants of land, they shall be incorporated in existing or proposed lots, or dedicated to public use, if acceptable to the Township. Agreements dedicating such remnants of land shall be approved by the Township Solicitor.

Lot frontage.

Minimum lot frontage, width and area shall be controlled by the provisions of Chapter 195, Zoning.

All lots shall have direct access or access held in fee simple to a public or private street and shall have frontage as required by provisions of Chapter 195, Zoning.

Lots utilizing driveways shall, in general, not have direct vehicular access onto freeway, highway, arterial or collector streets. Reverse frontage lots shall be used, wherever practical, along such streets in order to limit traffic hazards and to provide for the efficient movement of traffic.