[Added 8-21-2003 by Ord. No. 2003-5]
Unless otherwise stated herein, all required
improvements shall be constructed in accordance with the latest officially
issued versions of the following State Department of Transportation
publications or their successor publications: Specifications Form
408, Roadway Construction Standards - RC Series, Traffic Control Standards
- TC Series, and Traffic Signal Standards - TS Series.
[Amended 9-17-1998 by Ord. No. 1998-0917]
A. Placement of markers.
(1) Markers shall be set so that the marked point coincides
exactly with the point or points of intersection of the lines being
marked. Markers shall be set so that the top of the marker is level
with the finished grade of the surrounding ground. Markers shall be
set:
(a)
At the intersection of all right-of-way lines;
(b)
At the intersection of lines forming angles
in the boundaries of a development;
(c)
At such intermediate points as may be required
by the Township engineer; and
(2) Markers must be set prior to the time that any lot
is offered for sale or conveyance.
(3) In any case, at least two such monuments shall be
installed in each major subdivision and each land development, plus
one additional monument for every eight new lots after the first eight
lots.
[Added 8-21-2003 by Ord. No. 2003-5]
B. Marker features. Markers shall be no less than 3/4
of an inch square or 3/4 of an inch in diameter and no less than
24 inches long. Markers shall be made of iron or steel. Iron pipes
or steel bars in the size prescribed herein are acceptable.
C. Removal. Any markers that are removed, other than
in the course of changing the marked points pursuant to a more recently
approved subdivision or land development plan, shall be replaced by
a registered engineer or surveyor at the expense of the person removing
the markers.
Streets shall be surfaced to the grades and
dimensions drawn on the plans, profiles and cross-sections submitted
by the developer and approved by the Township. Before paving the street
surface, the developer shall install the required utilities and provide,
where necessary, adequate stormwater drainage for the streets, as
acceptable to the Township. Following a review of the development
plan and consultation with the developer and the governing body of
the municipality in which the development is located, the Township
shall determine the type of development and the specifications for
the base and wearing surface of the streets in accordance with the
following:
A. Public streets.
[Amended 8-21-2003 by Ord. No. 2003-5]
(1) Minor streets.
(a)
Except when otherwise specified by the Township,
the subbase course shall consist of eight inches of compacted crushed
stone constructed according to the specifications set forth in Section
350, Subbase, in the Pennsylvania Department of Transportation Specifications,
1987, or as amended.
(b)
Construction and materials of a minor street
shall follow applicable specifications of the State Department of
Transportation in Publication 408 or its successor. A minor street
shall be constructed with the following depths: 1.5 inches of ID-2
wearing course, four inches of BCBC and six inches of Number 2A Subbase.
However, eight inches of such subbase shall be used in areas of hydric
soils. A pavement base drain shall be provided if deemed to be necessary
by the Township Engineer based upon on-site conditions.
(2) Collector streets.
(a)
Except when otherwise specified by the Township,
the base course shall consist of 10 inches of compacted crushed stone
constructed according to the specifications as set forth in Section
350, Subbase, in the Pennsylvania Department of Transportation Specifications,
1987, or as amended.
(b)
Construction and materials of a collector street
shall follow applicable specifications of the State Department of
Transportation in Publication 408 or its successor. A collector street
shall be constructed with the following depths: 1.5 inches of Superpave
wearing course, five inches of BCBC and eight inches of Number 2A
Subbase. A pavement base drain shall be provided if deemed to be necessary
by the Township Engineer based upon on-site conditions.
(3) Arterial streets. For the construction of arterial
roads or highways, the developer shall consult with the Township and
be governed by the Pennsylvania Department of Transportation for the
method of construction to be used. The Township shall decide if a
collector or arterial street is required as a direct result of the
construction of his development, in which case the developer is responsible
for paving the additional width required.
B. Private streets.
(1) All private streets shall be constructed in accordance with §
86-25, or guaranteed in accordance with §
86-39 of this chapter prior to approval of the final plan.
(2) Whenever a developer proposes to establish a street
which is not offered for dedication to public use, the Township may
require the developer to submit, and also to record with the plan,
a copy of an agreement made with the Township on behalf of his heirs
and assigns, and signed by the Township Solicitor, and which shall
establish the conditions under which the street may later be offered
for dedication, and shall stipulate among other things:
(a)
That the street shall conform to the Township
specifications or that the owners of the abutting lots shall include
with the offer of dedication sufficient money, as estimated by the
Township Engineer, to restore the street to conformance with the Township
specifications.
(b)
That an offer to dedicate the street shall be
made only for the street as a whole.
(c)
That the method of assessing repair costs be
as stipulated.
(d)
That agreement by the owners of more than 50%
of the front footage thereon shall be binding on the owners of the
remaining lots.
C. Street lights. In any proposed development involving
10 or more lots or dwelling units with an average lot size or area
per dwelling unit of 15,000 square feet or less, a street light meeting
Township requirements shall be installed at one corner of every intersection.
In lieu of street lights, the Township may require the developer to
install individual property lights in the ratio of one to each lot.
D. Street signs. Street name signs shall be placed at
one corner of every intersection. The design must be according to
Township requirements.
A. Curbing shall be required along a proposed street,
unless the Board of Supervisors approves a modification, which shall
only be approved if the applicant proves that curbing is not necessary.
Such matter should be reviewed by the Township Engineer.
[Amended 8-21-2003 by Ord. No. 2003-5]
C. All curbs shall be twenty-four-inch vertical curbs
and constructed of cement concrete. The construction of vertical curbs
shall conform to the requirements of Section 630, Plain Cement Concrete
Curb, Type A, of the Pennsylvania Department of Transportation Specifications,
1987, or as amended. At the discretion of the Supervisors, rolled
curb and gutter type curbs may be constructed using a curbing machine.
D. Curb cut ramps shall be provided for the physically
handicapped as required by Section 228 of the 1973 Highway Safety
Act, Commonwealth of Pennsylvania.
In any proposed subdivision or land development
with an average lot size or area per dwelling unit of 15,000 square
feet or less, or where any subdivision is immediately adjacent to
or within 1,000 feet of any existing or recorded subdivision having
sidewalks, sidewalks shall be installed on each side of the street
in accordance with Township requirements. The Township may also require
installation of sidewalks in any subdivision or land development where
the evidence indicated that sidewalks are necessary for the public
safety.
A. Sidewalks shall be within the right-of-way of the
street and shall extend in width from the right-of-way line toward
the curbline.
B. Sidewalks shall be at least four feet wide. In the
vicinity of shopping centers, schools, recreation areas and other
such facilities, sidewalks shall be at least five feet wide and located
within the street right-of-way.
C. All sidewalks shall be constructed of Type 1 of Class
A concrete.
D. Sidewalks shall be of a uniform depth of four inches,
except where crossed by driveways, where the depth shall be six inches
for residential driveways and eight inches for commercial driveways.
The width of the sidewalk shall be the width specified in this chapter.
E. Contraction joints shall be spaced no more than five
feet apart.
F. Sidewalks shall have a minimum of four inches of crushed
stone beneath them.
G. The forms used shall be of metal. All forms shall
be smooth, straight and free from warp.
All sanitary sewer and water supply systems
located in any designated floodplain district shall be floodproofed
up to the regulatory flood elevation.
A. Private and on-site sewer systems.
(1) All properties shall be connected to a public sanitary
sewer system if possible.
(2) Where a public sanitary sewer system is not accessible,
but is proposed for extension within five years to the development
or to within 1,000 feet of the development, the developer shall install
sewer lines, including lateral connections, to provide adequate service
to each lot when connection with the public system is made. The sewer
lines shall be capped at the street right-of-way line. When capped
sewers are provided, on-site disposal facilities shall also be provided.
If the available engineering and design information for the proposed
public system is insufficient to ensure the proper installation of
capped sewer lines, the developer shall, at the Township's discretion,
provide for the eventual installation by creating an escrow account
in an amount sufficient to provide for the eventual construction of
said sewer lines.
(3) If no public system is either proposed five years
or within 1,000 feet of the development, the Township Supervisors
may require that a study be prepared to determine the feasibility
of constructing a private sewer system or treatment facility or connecting
to an existing private or public system over 1,000 feet away.
(4) Upon completion of any sanitary sewer system installation,
the plan for the system as built shall be filed with the Township.
(5) Where none of the above alternatives are possible
or feasible, an individual sewage disposal system consisting of a
septic tank and tile absorption field or other approved sewage disposal
system shall be provided for each lot at the time improvements are
erected or installed thereon. All such individual sewage disposal
systems shall be constructed in accordance with the Pennsylvania Department
of Environmental Protection regulations. No community on-site septic
systems will be permitted.
B. Private and on-site water systems.
(1) Where a water main supply system is within 1,000 feet
of, or where plans approved by the Township provide for the installation
of such public water facilities, the developer shall provide the development
with a complete water main supply system to. be connected to the existing
or proposed water main supply system in accordance with the Township's
requirements. If the available engineering and design information
for the proposed public system is insufficient to ensure the proper
installation of such water main supply system, the developer shall,
at the Township's discretion, provide for the eventual installation
by creating an escrow account in an amount sufficient to provide for
the eventual construction of the system.
(2) If connection to a public water supply system is not
possible, a report on the feasibility of constructing a separate water
supply system may be required by the Township and a report shall be
submitted setting forth the findings. The report shall include, among
other factors, a hydrogeologic study of groundwater occurrence and
movement, aquifer characteristics, available drawdown, well efficiency,
groundwater recharge, existing wells, water demands, quality of water,
etc.
(3) The plans for installation of a private water supply
system shall be prepared by the land developer, and approved by the
Pennsylvania Department of Environmental Protection. Upon completion
of any water supply system, the plan for the system as built shall
be filed with the Township.
(4) Where none of the above alternatives are possible
or feasible, an individual water supply system shall be installed.
(a)
The water supply yield shall be adequate for
the type of development proposed.
(b)
The installation of such systems shall not endanger
or decrease groundwater supplies of adjacent properties.
(c)
Any such individual system shall meet any applicable
Pennsylvania Department of Environmental Protection regulations.
C. Association or other organizations for operating and
maintaining of the private systems.
(1) When private sewage treatment systems and/or water
supply systems are installed by the developer, an association or other
organization must be established by the developer to operate and maintain
the systems.
(2) Any and all legal documents involved in establishing
this association or other organization must be submitted and approved
by Mount Joy Township prior to approval of the final plan.
D. Central water service. A use shall not be considered
to be served by Township-approved central water service for the purposes
of complying with the Zoning Chapter unless:
[Added 8-21-2003 by Ord. No. 2003-5]
(1) All applicable requirements of state regulations and
this chapter are met;
(2) The applicant proves to the satisfaction of the Township
that there will be an appropriate system in place to guarantee and
properly fund the long-term operation and maintenance of the system
by a qualified professional operator, and which shall include a business
plan showing the ability to set aside funds for future improvements;
and
(3) The applicant proves to the satisfaction of the Township,
based upon review of the Township Engineer, that the system will include
adequate supply, transmission capacity and pressure to serve the development.
E. Central sewage service. A use shall not be considered
to be served by Township-approved central sewage service for the purposes
of complying with the Zoning Chapter unless:
[Added 8-21-2003 by Ord. No. 2003-5]
(1) All applicable requirements of state regulations and
this chapter are met;
(2) The applicant proves to the satisfaction of the Township
that there will be an appropriate system in place to guarantee and
properly fund the long-term operation and maintenance of the system
by a qualified professional operator, and which shall include a business
plan showing the ability to set aside funds for future improvements;
and
(3) The applicant proves to the satisfaction of the Township,
based upon review of the Township Engineer, that the system will include
adequate treatment capacity and conveyance capacity to serve the development.
F. Connection to a larger system. Any new nonpublic central
water or central sewage system shall be engineered and constructed
in such a manner as to allow its efficient interconnection in the
future into a larger regional system. For example, a development shall
include adequate utility easements extending to the borders of the
development to allow future interconnections at logical points.
[Added 8-21-2003 by Ord. No. 2003-5]
(1) Such a system shall include appropriate easements
and/or rights-of-way within property controlled by the developer to
allow the system to efficiently interconnect with a larger system
in the future.
(2) If requested by the Board of Supervisors at time of
subdivision or land development approval, a central water or sewage
system shall be dedicated to a municipal authority after completion
of the development, or at such other time as is mutually agreed upon.
A developer who dedicates a central water or sewage system to a municipal
authority shall retain the right to use or sell the capacity of the
system that was funded by the developer.
[Amended 2-7-2013 by Ord. No. 2013-01]
G. On-lot septic systems.
[Added 8-21-2003 by Ord. No. 2003-5]
(1) Purpose: to ensure that a suitable location is available
for a new septic system if the original septic system should malfunction.
(2) This subsection
G shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this subsection.
(3) Each lot shall include both a primary and a reserve
septic system location. Both locations shall be determined by the
Township Sewage Enforcement Officer to meet State Department of Environmental
Protection regulations for a septic system location prior to approval
of the final subdivision or land development plan.
(4) The requirement for a reserve septic system location
shall not apply to the following:
(b)
The simple merger of two or more existing lots,
or an adjustment to lot lines of an existing lot;
(c)
A vacant lot that includes a permanent deed
restriction or conservation easement prohibiting any construction
of buildings on the lot; or
(d)
Lots within a subdivision or land development
that will abut a complete capped sewage system constructed by the
developer, the design of which has been approved by the Township.
(5) The reserve septic system location shall be kept clear
of buildings and parking, and shall be shown on any subsequent applications
for new or expanded buildings or parking. The Township may require
that the location be recorded on the deed.
H. Well and septic system locations. Every plan for a
subdivision or land development and every application for a building
permit for a new principal building that will be served by a well
and/or septic system shall designate the proposed well and primary
and alternate septic system locations.
[Added 8-21-2003 by Ord. No. 2003-5]
(1) Such a plan shall show that the proposed locations
will meet the minimum isolation distances established by state DEP
regulations between a well and septic systems on the subject lot and
all adjacent lots.
(2) A plan may show the outer extent of potential well
locations, instead of one exact location, provided all of the potential
area would still meet the isolation distance.
(3) If the well or septic system location is proposed
to be changed from the location shown on the submitted plan, then
a site plan showing the revised location shall be submitted for approval
by the Zoning Officer and Sewage Enforcement Officer prior to issuance
of the building permit.
(4) It is requested that well sites be placed in the front
yard, thereby allowing septic systems to be placed in the rear yard.
The intent is to minimize the visibility of any septic mound systems.
In addition, if wells are located in consistent locations within a
subdivision, it will make it easier for adjacent property owners to
meet minimum separation distances between septic systems and wells.
I. Expansion of septic use. If the Township has reason
to believe that a proposed increase in the number of dwelling units
or expansion or change of a nonresidential use would result in increased
flow to a septic system, then the application shall be referred to
the Sewage Enforcement Officer. The Sewage Enforcement Officer shall
require modification, expansion or replacement of the septic system
if necessary to handle the proposed flow.
[Added 8-21-2003 by Ord. No. 2003-5]
J. Water studies.
[Added 8-21-2003 by Ord. No. 2003-5]
(1) Purposes:
(a)
To provide the Township with information to
properly evaluate the impact a proposed development will have upon
groundwater resources.
(b)
To make sure that adequate water supplies will
be available to service a proposed development without negatively
impacting adjacent uses dependent upon the same water sources.
(c)
To also address concerns about water quality,
particularly including nitrates.
(2) A hydrogeologic study shall be required to be submitted
by the applicant whenever a proposed use, subdivision or land development
will involve total average water usage of groundwater or spring water
after build-out exceeding 3,000 gallons per day. Note: Regulations
of the State Department of Environmental Protection may also require
the submission of a hydrogeological study as part of the sewage facility
planning process if:
(a)
There is a known presence of high nitrate levels
in the vicinity; or
(b)
Where limestone-based carbonate geology is present.
(3) This Subsection
J shall not apply to a development that will be served by a Township or Township authority central water system.
(4) See also the provisions of § 110-28 concerning
withdrawals of spring water and groundwater for off-site use.
(5) Credentials. The study shall be prepared by a professional
geologist or professional engineer with substantial experience in
preparing similar studies. The qualifications of the person conducting
the study shall be attached to the report.
(6) The hydrogeologic study, at a minimum, shall include
the following:
(a)
A location map for the proposed development
showing proximity to waterways, lakes and major roads.
(b)
A proposed thirty-day average rate and maximum
daily rate of groundwater or spring water withdrawal from each water
sources.
(c)
A map showing water withdrawal points.
(d)
An analysis of the impacts of the water withdrawal
upon the groundwater supply and upon uses and creek levels within
a one-half-mile radius of the project, including agricultural activities.
(e)
The analysis shall consider impacts during both
normal conditions and drought conditions. Drought conditions shall
be documented.
(f)
The Board of Supervisors may require that the
study include the construction of test wells to determine the impacts.
The level, rates, dates and times of water measurements shall be provided,
and weather conditions shall be documented. The impacts upon a reasonable
sampling of existing wells shall be recorded, provided that the owners
of such wells grant permission for such studies.
K. Water quality test.
[Added 8-21-2003 by Ord. No. 2003-5]
(1) Prior to submitting any official plans for any proposed
new subdivision that will involve two or more new lots, the applicant
shall have a water quality test conducted. If a well exists within
the borders of the subdivision, it shall be the source of the water
test. If a well does not exist within the subdivision, the applicant
shall be required to seek permission from the owner of a well on an
adjacent lot for a water test. The test shall be conducted using the
nearest available well for which permission is granted for a test,
up to a maximum of one-quarter mile from the boundaries of the subdivision
or land development. If permission is not granted for a water test
within one-quarter mile, then the applicant shall be required to drill
a test well on the lot. The Board of Supervisors may require tests
of up to three wells if a subdivision will include 10 or more new
lots.
(2) The water quality test shall at a minimum test for
total coliform, fecal coliform and nitrates. The water sample shall
be taken on-site by a responsible established third-party entity (not
including the developer, lot seller or building contractor) and tested
for quality at a state-certified water testing laboratory. A written
copy of the test results shall be provided to the owner of the well
and to the Township Zoning Officer. See also any well testing requirements
in any Township Well Ordinance.
[Amended 9-3-2020 by Ord. No. 2020-06]
(3) If there is evidence available to the Township that
a proposed subdivision or land development will be within one-quarter
mile from a water supply exceeding five parts per million of nitrate-nitrogen,
then the applicant shall be required to provide evidence that he/she
is meeting applicable requirements of the State Department of Environmental
Protection concerning hydrogeological studies and/or denitrification.
Fire hydrants shall be provided as an integral
part of any public water supply system.
A. Fire hydrants shall be installed if their water supply
source is capable of serving them in accordance with the requirements
of the local fire authority.
B. Fire hydrants shall be in accordance with specifications
set forth by the National Fire Protection Association, or as amended.
C. Fire hydrants shall be placed at intervals of not
more than 600 feet or as specified by the Middle Department Association
of Fire Underwriters.
All development applications which involve grading
or excavation shall conform to the requirements of the rules and regulations
of the Pennsylvania Department of Environmental Protection pertaining
to erosion and sedimentation. It shall be the responsibility of the
applicant to secure approval of the Department of Environmental Protection.
Approval of plans by the Township shall not be construed as approval
under such regulations.
A. The floodplain corridor shall be defined and established
as the area of inundation which functions as a storage or holding
area for floodwater to a width required for a one-hundred-year flood,
as delineated in one of the following reports:
(1) A hydrologic report prepared by an individual registered
in the Commonwealth of Pennsylvania to perform such duties.
(2) A hydrologic report prepared by an agency of the United
States Government.
B. In case of any dispute concerning the boundaries of
a floodplain corridor, the Township shall determine the ultimate location.
C. Whenever a floodplain corridor is located within or
along a proposed land development, the plan shall include the location
of the floodplain corridor with a plan note that:
(1) The floodway shall be kept free of structures, fill
and other encroachments.
(2) Any structures located within the floodway fringe
shall be floodproofed to the limits of the floodplain corridor.
D. All floodplain lands shall be excluded in the minimum
lot area calculations. Additionally, the floodplain and/or floodway
area shall be identified by elevation or by approximate distance from
the center line of the stream channel. Floodplain and floodway lines
need not be identified by distances and bearings.
E. No subdivision and/or land development, or part thereof,
shall be approved if the proposed development and/or improvements
will individually or collectively increase the one-hundred-year-flood
elevation more than one foot at any point.
F. If the Township determines that only a part of a proposed
subdivision can be safely developed, the Township shall limit development
to that part and shall require that development proceed consistent
with this determination.
Electric, telephone and all other utility facilities
shall be installed underground and shall be floodproofed up to the
regulatory flood elevation. The developer shall be required to obtain
a letter from the appropriate utility company confirming that the
developer has entered into an agreement to provide for an underground
electric and telephone system in accordance with the Pennsylvania
Public Utility Commission Investigation Docket 99, as amended, or
has obtained a waiver from said Pennsylvania Public Utility Commission
to allow overhead electric and telephone lines.
When any petroleum or petroleum products transmission
line traverses a land development, the developer shall confer with
the applicable transmission or distributing company to determine the
minimum distance which shall be required between each dwelling unit
and the center line of such petroleum or petroleum products transmission
line.
The minimum distance from a natural gas line
to a dwelling unit shall be as required by the applicable transmission
or distributing company, or as shall be required by the Department
of Transportation under the Natural Gas Pipeline Safety Act of 1968,
as amended, whichever is greater.
[Amended 8-21-2003 by Ord. No. 2003-5; 2-2-2012 by Ord. No. 2012-02]
A. Purposes: to provide adequate open spaces, recreational
lands and recreational facilities to serve residents of new developments,
for both active and passive recreation; and to recognize and work
to carry out the Comprehensive Plan for Mount Joy Township. The relevant
portions of the Township Comprehensive Plan are hereby officially
adopted as the Recreation Plan for Mount Joy Township.
B. Applicability.
(1) This section shall apply to any subdivision or land
development for which a preliminary plan or a combined preliminary/final
plan is submitted after the enactment date of this amendment.
(2) This section shall not apply to plans that the Board
of Supervisors determines only involve clearly minor adjustments or
corrections to an approved preliminary plan or clearly minor adjustments
or corrections to a preliminary plan that was before the Township
for consideration at the date of the adoption of this amendment.
D. Land dedication. Any subdivision or land development
regulated under this section shall be required to dedicate the specified
amount of common open space.
(2) The land requirements of this section shall be based
upon the number of new dwelling units that would be permitted on the
lots of a subdivision or land development after approval.
(3) Prime open space. For the purposes of this section,
the term "prime open space" shall mean land proposed to be dedicated
as common open space that would meet all of the following standards:
(b)
Not a wetland under federal and/or state regulations;
(c)
Be part of a contiguous tract of at least two
acres, provided that with approval of the Board of Supervisors existing
adjacent public recreation land may be combined with a contiguous
proposed tract to result in more than two acres of total land area,
without reducing the amount of common open space that must be provided
by the applicant; and
(d)
Not be within the one-hundred-year floodplain
as defined by official floodplain maps of the Township.
(4) Amount of common open space. If a subdivision or land
development is required to dedicate common open space, the following
amounts for each permitted new dwelling unit shall apply:
Percentage of the Total Required Common
Open Space that Would Meet the Definition of Prime Open Space
|
Minimum Required Common Open Space Per
Permitted Dwelling Unit
(square feet)
|
---|
0% to 25.0%
|
5,200
|
25.1% to 75.0%
|
2,600
|
75.1% to 100%
|
1,300
|
(5) Common open space shall meet the definition for such
term in the Zoning Chapter.
F. Decision on land. The Board of Supervisors shall determine
whether a land dedication would be in the public interest. This determination
should, but is not required to, be made at the time of sketch plan
review, and which should be reviewed by the Planning Commission and
Board of Supervisors. The Township should, at a minimum, consider
the following in this decision:
(1) Whether the land in that location would serve a valid
public purpose.
(2) Whether there is potential to make a desirable addition
to an existing public or school district recreation area.
(3) Whether the proposed land would meet the objectives
and requirements of this section and any relevant policies of the
Township Comprehensive Plan.
(4) Whether the area surrounding the proposed development
has sufficient existing recreation and open space land, and whether
it is possible for pedestrians and bicyclists to reach those lands.
(5) Any recommendations that may be received from the
Planning Commission, the Township Engineer, the local school board
or school district staff and any Township Parks and Recreation Commission
or similar committee.
[Amended 9-3-2020 by Ord. No. 2020-06]
G. Common open space to be dedicated.
(1) Suitability. Land required to be dedicated shall be
suitable for its intended purpose, in the determination of the Board
of Supervisors. The applicant shall state what improvements, if any,
he/she intends to make to the land to make it suitable for its intended
purpose, such as grading, landscaping, or development of trails. Such
land shall be free of construction debris and graded, landscaped and
improved in conformance to the approved plan at the time of dedication.
(2) Ownership. Mount Joy Township shall have the right
of first refusal to accept dedication of required common open space
to the Township. The Board of Supervisors shall approve any other
form of ownership in advance. The following alternative forms of ownership
of the common open space may be approved by the Board of Supervisors:
(a)
Ownership by a school district, the county,
the Pennsylvania Bureau of State Parks, the Pennsylvania Game Commission,
the National Park Service, a similar public agency or an established
environmental organization acceptable to the Board of Supervisors.
(b)
Ownership by a legally established homeowners'
association.
[1]
If required common open space is to the owned
by a homeowners' association, the developer shall be required to establish
such association in a form that requires all property owners within
the development to annually contribute to the maintenance of the common
open space.
[2]
Any homeowners' association agreements regarding
required common open space shall be subject to acceptance by the Board
of Supervisors, based upon review by the Township Solicitor. The provisions
of Section 703(f) of the State Municipalities Planning Code should
serve as a model for such agreement.
[3]
In the case of a rental development, the Township
may permit the common open space to be retained by the owner of the
residential buildings on the same lot.
(3) Conservation easements. Any required common open space
dedication shall include conservation easements to permanently prevent
its development for buildings, except buildings for noncommercial
recreation or to support maintenance of the land.
(4) Priority shall be given to dedication of land that
would be suitable for additions to existing public schools and public
parks, or would preserve woods, steep slopes or other important natural
features or land along a creek or river, or that would be suitable
for centralized active recreation.
(5) Land that is not suitable for active or passive recreation
shall not be permitted to meet the requirements of this section, including
areas within a stormwater detention basin that are not suitable for
recreation. Portions intended for active recreation shall be well-drained,
of average slope less than 6% and not require filling in of a wetland
for use.
(6) Access and contiguousness. Common open space within
a subdivision or land development shall be contiguous, except as maybe
specifically exempted by the Board of Supervisors, and shall have
adequate access for maintenance and by pedestrians.
(7) Other ordinances. Any required land dedication under this section shall be in addition to any land dedication or improvement requirements of any other Township ordinance. However, if more than 30% of the total land area of a tract will be preserved as common open space, then the requirements of this §
86-36 shall not apply.
(8) Lands close to buildings. For the purposes of this
section, no land shall be used to meet the minimum common open space
requirements of this section if such land is within:
(a)
Fifteen feet of any building (other than a noncommercial
recreation building); or
(b)
Within 15 feet of a parking area of more than
six parking spaces (other than parking areas specifically developed
to serve the open space).
(9) Residual lands. If only a portion of a larger tract of land is currently proposed to be subdivided, or the applicant owns one or more adjacent tracts that are not currently proposed to be subdivided, the applicant shall provide a sketch of a possible future land dedication on these adjacent lands in case they would be developed in the future. This future land dedication location shall not be binding, but shall illustrate the ability to meet Subsection
G(10) below.
(10)
Coordination with future adjacent dedication.
The Board of Supervisors may require that a required land dedication
within a property currently being subdivided be placed along an edge
of the property so that it may, in the future, be combined with an
open space dedication on the edge of an adjoining property when that
adjoining property is subdivided or developed.
J. Facilities in place of land. An applicant may seek a modification of the requirements of this section under the procedures of §
86-45 by offering to construct substantial permanent recreation facilities within the proposed subdivision or land development or on nearby public open space, if the applicant clearly proves to the satisfaction of the Board of Supervisors the facilities will be approximately equal in market value to the land that would otherwise be required.
In a development abutting a lake, river or other
significant water body, the Board of Supervisors, upon consultation
with the Planning Commission, may request the dedication or reservation
of:
A. Any title to the water body the developer may possess
beyond the wharf or dock line for public use.
B. Up to 20% of the land abutting the shore for public
use.
C. When two or more lots abut a private pond or body
of water and all or part of the pond is to be part of the lot, a homeowners
association must be responsible for the maintenance of the pond.
On sites reserved for eventual public acquisition,
no building development is permitted during the period of reservation.
Said period of time not to extend more than 12 months without consent
of the developer. Such reservations shall be noted on the final plan.
A. No plan shall be finally approved unless the streets
shown on such plan have been approved to a mud-free or otherwise permanently
passable condition or improved as may be required by this chapter,
and any walkways, curbs, gutters, street lights, fire hydrants, shade
trees, water mains, sanitary sewers, storm drains and other improvements
as may be required by this chapter have been installed in accordance
herewith. In lieu of the completion of any improvements required as
a condition for the final approval of a plan, the Supervisors shall
require, for deposit with the Township, financial security acceptable
to the Supervisors in an amount sufficient to cover the costs of such
improvements or common amenities, including, but not limited to, roads,
stormwater detention and/or retention basins and other related drainage
facilities, recreational facilities, open space improvements or buffer
or screen plantings which may be required.
B. Without limitation as to other types of financial
security which the Township may approve, federal or commonwealth chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions shall be deemed acceptable
financial security for purposes of this subsection. Such financial
security shall be posted with a bonding company or federal or commonwealth
chartered lending institution chosen by the party posting the financial
security, provided said bonding company or lending institution is
authorized to conduct such business within the commonwealth. Such
bond or other security shall provide for and secure to the public
the completion of any improvements which may be required on or before
the date fixed in the formal action of approval or accompanying agreement
for completion of the improvements. In the case where the development
is projected over a period of years, the Supervisors may authorize
submission of final plans by section or phase of the development subject
to such requirements or guaranties as it finds essential for the protection
of any finally approved section of the development.
C. The amount of financial security to be posted for
the completion of the required improvements shall be equal to 110%
of cost of completion estimated as of 90 days following the date scheduled
for completion by the developer. Annually, the Township may adjust
the amount of the financial security by comparing the actual cost
of the improvements which have been completed and the estimated cost
for the completion of the remaining improvements as of the expiration
or the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Township may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with the subsection.
D. The amount of financial security required shall be
based upon an estimate of the cost of the completion of the required
improvements, submitted by an applicant or developer and prepared
by a professional engineer licensed as such in this commonwealth and
certified by such engineer to be a fair and reasonable estimate of
such cost. The Township, upon recommendation of the Township Engineer,
may refuse to accept such estimate for good cause shown. If the applicant
or developer and the Township are unable to agree upon an estimate,
then the estimate shall be recalculated and recertified by another
professional engineer licensed as such in this commonwealth and chosen
mutually by the Township and the applicant or developer. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the service of such engineer shall be paid
equally by the municipality and the applicant or developer.
E. In the event that a corporate bond or other financial
security has been offered in lieu of completion of improvements for
final plan approval, the developer shall construct and maintain a
passable roadway, along with any other improvements required for lots
which are occupied prior to acceptance of the roadway and/or other
improvements by the Township. Such maintenance shall continue for
the entire bonded period. Failure to keep the required financial security
in effect until the completion and approval of all improvements shall
be a violation of this chapter.
A. When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Supervisors
in writing, by certified mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Township Engineer.
The Supervisors shall, within 10 days after receipt of such notice,
direct and authorize the Township Engineer to inspect all of the aforesaid
improvements. The Township Engineer shall, thereupon, file a report,
in writing, with the Supervisors and shall promptly mail a copy of
the same to the developer by certified or registered mail. The report
shall be made and mailed within 30 days after receipt by the Township
Engineer of the aforesaid authorization by the Supervisors; said report
shall be detailed and shall indicate approval or rejection of said
improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Township Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection. The Supervisors shall notify
the developer, in writing by certified or registered mail of the action
of the Supervisors with relation thereto. If any portion of said improvement
shall not be approved or shall be rejected by the Supervisors, the
developer shall proceed to complete the same and upon completion,
the same procedure of notification, as outlined in this chapter, shall
be followed.
B. As the work of installing required improvements proceeds,
the developer who has posted the financial security may request the
governing body to release or authorize the release from time to time
such portions of the financial security necessary for payment to the
contractor or contractors performing the work. Any such request shall
be in writing addressed to the Board of Supervisors, and the Board
of Supervisors shall have 45 days from receipt of such request within
which to allow the Township Engineer or other designated inspector
to certify, in writing, to the Board of Supervisors that such portion
of the work upon the improvements has been completed in accordance
with the approved plan. Upon such certification, the Township shall
authorize release by the bonding company or lending institution of
an amount as estimated by the Township Engineer or Inspector fairly
representing the value of the improvements completed. The Township
may, prior to final release at the time of completion of said improvements
and certification by its Engineer or Inspector, retain 10% of the
original amount of the posted financial security for the aforesaid
improvements.
[Amended 2-7-2013 by Ord. No. 2013-01]
C. Where the Board of Supervisors accepts the dedication
of all or some of the required improvements following completion,
the Supervisors may require the posting of financial security to secure
structural integrity of said dedicated improvements as well as the
functioning of said dedicated improvements in accordance with the
design and specifications as depicted on the final plan and in any
related agreements for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial security shall be of the
same type as otherwise required above with regard to installation
of said improvements and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said dedicated
improvements.
[Amended 2-7-2013 by Ord. No. 2013-01]
D. The Board of Supervisors may prescribe that the applicant shall reimburse
the Township for the reasonable and necessary expenses incurred for
the inspection of all subdivision and land development improvements.
Such reimbursement shall be based upon a schedule established by resolution.
[Amended 2-7-2013 by Ord. No. 2013-01]
(1) Upon completion of inspection, the Board of Supervisors shall submit
to the applicant an itemized bill showing the work performed in connection
with the inspection of improvements performed, identifying the person
performing the services and the time and date spent for each task.
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
no later than 100 days after the date of transmittal of a bill for
inspection services, notify the Township and the Township Engineer
or other applicable professional consultant that such inspection expenses
are disputed as unreasonable or unnecessary and shall explain the
basis of his/her objections to the fees charged, in which case the
municipality shall not delay or disapprove a request for release of
financial security, a subdivision or land development application
or any approval or permit related to development due to the applicant's
dispute of inspection expenses.
(2) Subsequent to the final release of financial security for completion
of improvements for a subdivision or land development or any phase
thereof, the Township Engineer or other applicable professional consultant
shall submit to the Board of Supervisors a bill for inspection services,
specifically designated as a final bill, which the Board of Supervisors
shall submit to the applicant. The final bill shall include inspection
fees incurred through the release of financial security.
In the event that any improvements which are
required have not been installed as provided in this chapter or in
accord with the approved final plan, the Township is hereby granted
the power to enforce any corporate bond or other security by appropriate
legal and equitable remedies. If proceeds of such bond, or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by such security, the
Township may, at its option, install part of such improvements in
all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the improvements covered by such security
and not for any other Township purpose.
Upon installation by the developer and subsequent
inspection by the Township Engineer, the developer shall take final
steps to dedicate the improvements and have them accepted by the Township.
The recording of the final plan, following approval by the Board of
Supervisors, has the effect of an irrevocable offer to dedicate all
streets and other public ways and areas to public use. The offer,
however, does not impose any duty on the Township concerning maintenance
or improvements until the proper authorities of the Township have
made actual acceptance, either by ordinance or resolution.