A.
Minimum design standards established.
(1)
The standards and requirements contained in this article shall apply as minimum design standards for subdivisions and/or land developments within the Township. In addition, subdivisions and/or land developments shall be designed to comply with the requirements of Chapter 135, Zoning (the "Zoning Ordinance"); Chapter 113, Stormwater Management; Chapter 116, Streets and Sidewalks; Chapter 67, Driveways; Chapter 100, Sewers; Chapter 127, Vehicles and Traffic, and Chapter 131, Water, of the Code of Ordinances, the regulations of the public water provider, public sewer provider, and the regulations of state and federal agencies, as applicable.
(2)
All proposed subdivisions and/or land developments shall be designed,
laid out, arranged, constructed and coordinated with all presently
existing facilities and improvements which serve the tract proposed
to be developed, including but not limited to the transportation network;
sewer collection, conveyance and treatment facilities; water supply
and distribution facilities; and stormwater management facilities,
as necessary to accommodate prospective traffic, provide adequate
sewer and water service, promote proper stormwater management, facilitate
fire protection, prevent flooding.
(3)
All proposed subdivisions and/or land developments shall conform
to the Comprehensive Plan, including any designated growth area, the
Official Map, and any regulations or plans adopted in furtherance
thereof.
(4)
All proposed subdivisions and/or land developments shall also be
designed, laid out, arranged, constructed and coordinated to insure
that abutting properties will continue to have safe and convenient
access in accordance with the standards of this chapter or, if such
properties do not presently have such access, to have access at least
equal to the level existing prior to the proposed subdivision and/or
land development.
(5)
The applicant shall submit studies and reports with the preliminary
plan and the final plan which shall clearly identify any assumed,
proposed and required improvements to existing facilities. If an applicant
submits a study, report or plan which contains improvements assumed
to be installed by others and compliance with the design standards
in this chapter is based upon the completion of such assumed improvements,
the design standards of this chapter shall not be considered as met
unless the applicant presents evidence that a governmental entity
has budgeted funds and/or has entered into contracts for the assumed
improvements or unless a plan for another development which proposes
the installation of such improvements has been approved and recorded.
B.
Compliance with Zoning Hearing Board decisions required.
(1)
Special exceptions.
(a)
Whenever the Zoning Ordinance provides that the use proposed
by the applicant for subdivision and/or land development approval
shall constitute a use by special exception, the applicant shall obtain
such special exception from the Zoning Hearing Board prior to the
submission of a formal subdivision and/or land development plan; however,
a developer may submit an informal sketch plan for comment by the
Land Development Review Committee and the Township Planning Commission
concurrently with an application for a special exception approval.
(b)
The submission of a formal subdivision and/or land development
plan shall be designed and developed in accordance with any conditions
which the Zoning Hearing Board has imposed upon such approval.
(2)
Variances.
(a)
Whenever the applicant proposes to develop a subdivision and/or
land development in a manner that would require a variance from any
requirements of the Zoning Ordinance, the applicant shall obtain such
variance from the Zoning Hearing Board prior to the submission of
a formal subdivision and/or land development plan; however, a developer
may submit an informal sketch plan for comment by the Land Development
Review Committee and the Township Planning Commission concurrently
with an application for a variance approval.
(b)
The submission of a formal subdivision and/or land development
plan shall be designed and developed in accordance with any conditions
which the Zoning Hearing Board has imposed upon the grant of such
variance or variances.
C.
Compliance with prior plans required. Whenever all or a portion of
the land contained within an application for subdivision or land development
approval constitutes all or a portion of land included in a prior
subdivision or land development plan approved by the Township or the
County Planning Commission and recorded in the Office of the Recorder
of Deeds in and for Lancaster County, Pennsylvania, the plan shall
comply with all conditions, restrictions and notes imposed on the
prior approval and/or included upon the recorded subdivision or land
development plan. The applicant shall identify all prior recorded
subdivision and/or land development plans of which all or a portion
of the land contained in the plan was a part and all conditions, restrictions
and notes which affect the current application. Failure to identify
all applicable conditions, restrictions and notes of record on prior
plans constitutes a violation of this chapter. The applicant shall
submit with the application for preliminary plan approval a statement
identifying the prior plans reviewed; the conditions, restrictions
and notes which would impact development in accordance with the plan
for which approval has been requested; and an explanation of the manner
in which the proposed plan has been designed to comply with such conditions,
restrictions and notes. This information shall be signed by the applicant
or the applicant's engineer or landscape architect.
A.
Conformance to adopted plans. The proposed street pattern shall be
properly related to existing streets, to the Township Comprehensive
Plan, to the Township Official Map and to such county and state road
and highway plans as have been duly adopted.
B.
Private streets. Private streets may be used, provided the Planning
Commission determines that no public benefit will be served by dedication
of the street to the Township, construction of a private street will
not preclude road improvements identified in the Township Comprehensive
Plan, the Township Official Map, or any relevant county and state
road and highway plans that have been duly adopted, and that all private
streets will be constructed to the design standards of a public local
street. Applications that propose a private street shall be accompanied
by a recorded declaration or an agreement that is satisfactory to
the Township and the Township Solicitor and which shall be recorded
with the Lancaster County Recorder of Deeds as part of a final plan.
This agreement shall establish the conditions under which the private
street will be constructed and maintained in accordance with the design
approved on the final plan, and shall, at a minimum, stipulate the
following:
(1)
Ownership interest in the private street.
(2)
The agreement must not provide any limitation on users unless identified
in the agreement.
(3)
A statement indicating that civil court, not the governing body,
is responsible for mitigating differences relating to the agreement.
(4)
The method for assessing maintenance and repair costs of the private
street.
(5)
That an agreement by the owners of 51% of the front frontage thereon
shall be binding on the owners of the remaining lots.
(6)
Provide easement areas for the purpose of snow and ice removal.
(7)
Private streets shall not be offered for dedication as a public street
unless the private street is restored to municipal design standards
for public streets. The costs of restoring the street to public street
design standards shall be at the cost of the landowners abutting the
private street. The offer for dedication of the street shall be made
only for the street as a whole.
C.
Arterial street design. The design standards for arterial streets
shall be specified by PennDOT and based upon the projected average
daily traffic and speed limit.
D.
Arrangement. Streets shall be designed with consideration to existing
streets and intersections studied in the traffic impact study, all
planned streets and intersections included on other subdivision or
land development plans and all streets included in the Comprehensive
Plan or any official map adopted by the Township.
(1)
All streets shall be arranged to conform as closely as possible to
the original topography; streets which serve connector routes to population
centers shall be connected with streets of similar function, to form
continuations thereof.
(2)
Proposed streets within the development shall be laid out to provide
convenient and safe access to each lot and/or structure and/or parking
compound proposed as part of the development of the tract.
(3)
Local streets shall be laid out to discourage use by through traffic
and to discourage excessive speeds. The rigid rectangular street pattern
need not be adhered to; the use of curvilinear streets may be provided
when their use will result in a more desirable layout.
(4)
Where a development abuts an existing or proposed arterial street,
the Planning Commission may require use of reverse frontage lots or
such other treatment that will provide protection for abutting properties,
reduce the number of intersections with the arterial street and separate
the local and through traffic.
E.
Street provisions for future development. Where appropriate, areas
shall be reserved for future street usage in conjunction with the
development of adjacent tracts. Areas reserved for future rights-of-way
will not be required to be improved; however, these future rights-of-way
shall be reserved for street improvements to be provided by the developer
of the adjacent tract. Wherever there exists a dedicated or platted
area reserved for future street usage along the boundary of the tract
being developed, the developer shall extend the adjacent street into
the proposed development.
F.
Half streets. Half or partial streets (less than the required right-of-way
or cartway width) will not be permitted. All plans shall be designed
to provide for the entire required right-of-way and cartway widths.
G.
Street names, street name signs and traffic control signs.
(1)
Continuation of existing streets shall be known by the same name.
Names for new streets shall not duplicate nor closely resemble names
of existing streets within the Township or within the same postal
area.
(2)
All new street names are subject to approval by the Township, the
address manager for the district post office that serves the Township
and also the Lancaster County-Wide Communications office; letters
of approval from the address manager and Lancaster County-Wide Communications
must be provided with the application for a final plan.
(3)
Street name signs shall be installed by the developer at all new
street intersections. The design and placement of such signs shall
be subject to approval by the Township.
(4)
A developer shall be responsible for installing at least two street
name signs at each four-way street intersection and one at each "T"
intersection.
(5)
Street name signs shall be free of visual obstruction. The design
of street name signs should be consistent, of a style appropriate
to the Township, character of the development or zoning district in
which the development is located, of a uniform size and color and
erected in a manner that is to be approved by the Township.
(6)
Private streets shall be provided with street name signs in conformance
with this section. The plan shall note that it is the responsibility
of the developer to install the street name signs for private streets.
(7)
Design and placement of traffic control signs shall follow the requirements
of the Township and PennDOT. The installation of the signs shall be
the responsibility of the developer. Any costs of traffic studies
that are required to be completed prior to installation of any traffic
control signs shall be the responsibility of the developer. All traffic
signs shall be free of visual obstruction.
H.
Vertical alignments. Vertical street alignments shall be measured
along the center line. The minimum grade of all streets shall be 1%,
and the maximum grade shall be 10%.
(1)
Vertical curves shall be used in changes in grade exceeding 1%.
(2)
The minimum rate of vertical curvature (K) shall be as specified
below:
|
Initial Speed
(mph)
|
Curvature, K1 (ft/%) Crest
|
Curvature, K1 (ft/%) Sag
| |
|---|---|---|---|
|
15
|
3
|
10
| |
|
20
|
7
|
17
| |
|
25
|
12
|
26
| |
|
30
|
19
|
37
| |
|
35
|
29
|
49
| |
|
40
|
44
|
64
| |
|
45
|
61
|
79
| |
|
50
|
84
|
96
| |
|
55
|
114
|
115
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Rate of vertical curvature, K = length of curve (L) per percent
algebraic difference (A) in the intersection grades (K=L/A)
| |
(3)
Intersections.
(a)
Where the approaching grade exceeds 7% on any or all streets
at a four-way street intersection, access drive, or the terminating
street at a three-way intersection, leveling areas shall be provided
on the street(s) with such excessive grade. Such leveling area(s)
shall have a maximum grade of 4% for a minimum length of 75 feet measured
from the intersection of the center lines.
(b)
Vertical curves are not required for stop-controlled approaches
at intersections of streets provided the algebraic difference in grade
is less than 8%.
(4)
The grade within the diameter of a turnaround at the terminus of
a permanent cul-de-sac shall not exceed 5%.
(5)
All new streets shall be graded to the right-of-way line in accordance
with the following:
(a)
All grading shall be substantially consistent with the street
center line. The maximum slopes of banks located outside the street
right-of-way, measured perpendicular to the right-of-way of the street,
shall not exceed 3:1 for fills and 2:1 for cuts.
(b)
The Planning Commission may accept steeper slopes to avoid disruption
of significant natural features, provided adequate safety and maintenance
issues are addressed.
(c)
Guide rail protection is required along embankments when a barrier
is indicated as warranted in the latest version of PennDOT Design
Manual Part 2, Highway Design. Guide rails shall be constructed to
PennDOT specifications.
I.
Horizontal alignments. Horizontal street alignments shall be measured
along the center line.
(1)
Horizontal curves.
(a)
Horizontal curves shall be used at all angle changes in excess
of 2°.
(b)
Single long radius curves shall be used rather than a series
of curves with varying radii and/or a series of short curves separated
by short, tangent segments.
(c)
Minimum radius. The minimum center line radii for horizontal
curves are as follows:
|
Design Speed
(mph)
|
Minimum Center Line Radius
(feet)
| |
|---|---|---|
|
20
|
100
| |
|
25
|
150
| |
|
30
|
230
| |
|
35
|
310
| |
|
40
|
430
| |
|
45
|
550
| |
|
50
|
700
| |
|
55
|
850
|
(2)
Perimeter streets. Plans with street locations along the perimeter
of a property shall be required to show building setback lines and
clear sight triangles within the adjacent properties; permission shall
be obtained from the adjacent landowner and additional right-of-way
must be granted.
(3)
Cartway alignment. The center line of the street cartway shall correspond
with the center line of the street right-of-way.
(4)
Horizontal curve center line radii shall be designed in coordination
with vertical geometry subject to the approval of the Township Engineer.
The minimum acceptable center line radii shall be determined based
on the appropriate relationship between the design speed and curvature
and on their joint relationships with superelevation (roadway banking).
J.
New street right-of-way and cartway widths. The minimum street rights-of-way
and cartway widths for new streets shall be as follows, unless otherwise
specified on Official Maps or county or state highway plans that have
been duly adopted:
|
Street Classification
|
Cartway
(feet)
|
Right-of-Way
(feet)
| |
|---|---|---|---|
|
Streets Within the Designated Growth Area
| |||
|
Arterial street (highway)
|
36 with curb (no parking)
|
60
| |
|
Collector street
|
40 with curb (parking both sides)
32 with curb (parking 1 side)
28 with curb (no parking)
|
60
| |
|
Local street
|
36 with curb (parking both sides)
28 with curb (parking 1 side)
24 with curb (no parking)
|
50
| |
|
Alley
|
20
|
30
| |
|
Turnaround of cul-de-sac
|
80 in diameter
|
100
| |
|
Streets Outside the Designated Growth Area
| |||
|
Arterial street
|
24 with 8-foot paved shoulders
|
60
| |
|
Collector street
|
22 with 5-foot paved shoulders
|
60
| |
|
Local street
|
20 with 2-foot paved shoulders
|
50
| |
(1)
Extension of existing streets. The extension of existing streets
which are presently constructed with a cartway different from the
standards of this chapter shall be provided with a transition area,
the design of which is subject to approval by the Township Engineer
and ultimately the Township Planning Commission.
(2)
Street construction standards. Street construction standards shall be in conformance with the provisions of § 119-52R.
(3)
Improvements of existing streets and intersections.
(a)
In cases where a subdivision or land development abuts an existing Township and/or state street, the street shall be improved to the ultimate width in accordance with Subsection J or as indicated on the Township Official Map, whichever is greater, and additional right-of-way shall be provided, concrete curbing and sidewalk, and any other street improvements that are required by this chapter, shall be constructed.
(b)
In cases where the development is situated only on one side
of an existing street, the Township may require that only that side
of the street be improved.
(c)
Where the developer of the subdivision or land development is required to provide a traffic study and report under § 119-32C and the traffic study and report indicates that improvements are required as provided in § 119-32C, the developer shall install improvements, including but not limited to traffic signals, traffic control devices, additional traffic lanes, traffic dividers and highway markings.
(d)
When the Township determines that the required improvements are not feasible at the time of development of the use, the developer shall deposit funds with the Township in the amount of 110% of the cost of improvements computed in accordance with § 119-41 of this chapter, the amount of the deposit shall be submitted for approval by the Township Engineer, or the applicant shall also have the option to enter into an agreement that would defer road improvements to a time the Township would deem such road improvements as feasible. The deferred road improvement agreement shall be recorded at the Lancaster County Recorder of Deeds office and contain content that is suitable to the Township and the Township Solicitor. Any developer choosing to enter into a deferred road improvement agreement must note on the final plans that all required road improvements shall be constructed within six months of notification from the Township.
(e)
State roadways.
[1]
If the traffic impact study indicates that improvements must
be made to a state street, the developer shall also take all necessary
action to obtain PennDOT permits and/or approvals to install the necessary
street widening and/or traffic signals or traffic control devices.
[2]
If the developer requires the Township to submit any permit
applications or requests for approvals in the name of the Township,
the developer shall reimburse the Township for all costs and expenses
incurred by the Township in connection with its review of the application
and submission of the application to PennDOT or any other governmental
agency. The developer shall bear all costs and expenses in connection
with the improvements required.
K.
Street intersections.
(1)
Intersections involving the junction of more than two streets are
prohibited.
(2)
The distance between the center line of streets intersecting with
through streets shall be determined by the classification of the through
street being intersected. The minimum separation distance shall be
measured along the center line of the through street being intersected
and shall conform with the following:
(3)
Right-angle intersections shall be used whenever possible. No street
shall intersect another at an angle of less than 75°.
(4)
The cartway edge at street intersections shall be rounded by a tangential
arc with a minimum radius of 25 feet for local streets or alleys and
35 feet for intersections involving collector and arterial streets.
The right-of-way radii at intersections shall be substantially concentric
with the edge of the cartway.
(5)
Where appropriate, the Planning Commission may require additional
traffic lanes to facilitate turning movements at existing or proposed
street intersections within or bordering the site. These additional
lanes, including acceleration/deceleration lanes and lane transition
areas, shall be provided in accordance with the latest PennDOT standards
and regulations.
(6)
All street intersections with a state highway shall be subject to
the approval of PennDOT.
L.
Clear sight triangles and stopping sight distance at street intersections.
(1)
Clear sight triangles. There shall be provided and maintained at all intersections a clear sight triangle. The triangle shall be formed by the center lines of the two intersecting streets and the stopping sight distance, as defined in Subsection L(2) below, in both directions along the center line of the intersected street. (See Appendix No. 14.[1]) Clear sight triangles shall be indicated on all plans,
and a note shall be provided on the plans which states that no structures,
landscaping or grading may be constructed installed or performed within
the area of the clear sight triangle which would obscure the vision
of motorists Deeds to lots which contain clear sight triangles shall
provide that no structure, landscaping or grading shall be erected,
installed or performed within the area of the clear sight triangle
which will obscure the vision of motorists.
[1]
Editor's Note: Appendix No. 14 is included at the end of this
chapter.
(2)
Stopping sight distance (SSD):
(a)
Calculation of stopping sight distance.
[1]
Street, access drive and driveway intersections shall be located
at a point which provides optimal sight distance in both directions.
[2]
For each intersection, the available sight distance for each
direction shall equal or exceed the stopping sight distance computed
from the following formula:
|
SSD = 1.47Vt + V2/[30 x (f±G)]
| ||||
|
Where:
| ||||
|
SSD
|
=
|
Stopping sight distance (feet).
| ||
|
V
|
=
|
Speed limit or 85th percentile speed in accordance with Subsection L(2)(a)[3] or safe operating speed.
| ||
|
t
|
=
|
Perception time of driver (2.5 seconds).
| ||
|
f
|
=
|
Coefficient of friction for wet pavement.
| ||
|
G
|
=
|
Percent grade of roadway divided by 100.
| ||
[3]
If the 85th percentile speed varies by more than 10 miles per
hour from the speed limit, the Township may require the 85th percentile
speed to be used to determine stopping distance.
[4]
Appendix No. 15[2] depicts stopping sight distance for selected speeds. The
sight distances in Appendix No. 15 apply for roadway grades in whole
numbers from +13% to -13% along with speeds from 15 to 55 miles per
hour in increments of five miles per hour. The designer may use this
table in lieu of the above formula.
[2]
Editor's Note: Appendix No. 15 is included at the end of this
chapter.
(b)
Measurement of sight distance.
[1]
The correct measurement of available sight distance at each
proposed street intersection shall be the responsibility of the applicant.
[2]
For the purpose of measuring available sight distance, the height
of both the driver's eyes and the approaching vehicle shall be
3.5 feet above the road surface. The lateral placement of vehicles
on the roadway and at the proposed access point shall be consistent
with the operation of the access and roadway.
[3]
For each direction, the shortest of the following measurements
shall be considered the available sight distance for the direction:
[a]
The maximum length of roadway along which a drive
at the proposed intersection can continuously see another vehicle
approaching the roadway. The driver's eyes at the proposed point
of access shall be 10 feet back from the near edge of the closest
travel lane.
[b]
The maximum length of roadway along which a driver
on the roadway can continuously see a vehicle which is located in
his travel lane on the roadway in order to make a left turn into the
proposed access or as a result of a left or right turn out of the
proposed access.
[c]
The maximum length of roadway along which the drive
of a vehicle intending to make a left turn into the proposed access
can continuously see vehicles approaching from the other direction.
This is measured from the point where the left-turning vehicle stops.
(c)
Inadequate sight distance remedies. If it is impossible to achieve
required stopping sight distance in both directions, the Township
may:
[1]
Prohibit left turns by entering or exiting vehicles;
[2]
Require alteration of the horizontal or vertical geometry of
the roadway, access drive, or driveway; all such work shall be at
the expense of the applicant;
[3]
Require removal of physical obstructions from the line of sight,
at the expense of the applicant; or
[4]
Deny access to the roadway.
(3)
Proper sight distance shall be provided with respect to both horizontal
and vertical road alignments at all intersections.
(4)
All street intersections with a state highway shall be subject to
the approval of PennDOT.
M.
Cul-de-sac streets.
(1)
To the greatest extent possible, through streets shall be provided.
The feasibility of a through street will be based on the physical
features of the tract proposed for development and/or adjoining lots,
the potential for extension of the street to adjoining lands based
on existing development patterns, restrictions imposed by other government
regulations and other recorded documentation, and the ability of the
design to meet all other requirements of this chapter. When cul-de-sac
streets are proposed, the application shall be accompanied by a written
analysis of the merits of the design and the reasons that a through
street would not be feasible.
(2)
The length of a cul-de-sac street shall be measured from the center
line intersection with the through street which is not a cul-de-sac
to the center point of the turnaround.
(3)
All permanent cul-de-sac streets shall have a minimum length of 250
feet. Temporary culs-de-sac shall not have a minimum length.
(4)
All permanent cul-de-sac streets shall not exceed 600 feet in length.
Temporary cul-de-sac streets shall not exceed a length of 800 feet
in length.
(5)
All culs-de-sac must terminate in a circular turnaround and must be constructed to the specifications of Subsection J.
(6)
Any temporary cul-de-sac street designed for access to an adjoining property or for an authorized future phase of a development shall be provided with a temporary all-weather turnaround which is paved in accordance with the provisions of Chapter 116, Streets and Sidewalks. The use of such turnaround shall be guaranteed until such a time as the street is extended. Sidewalks along temporary culs-de-sac shall be continued at the same time the street is continued. The developer who extends a street which has been provided with a temporary turnaround shall remove the temporary turnaround and restore the area of the temporary turnaround.
(7)
Any cul-de-sac that is proposed to have a center landscaping island
shall contain a turnaround that contains a minimum diameter of 90
feet and the ultimate right-of-way shall be increased to 110 feet.
The drive lanes of a cul-de-sac containing a center landscaping island
shall be a minimum of 12 feet wide and shall be posted as a one way
turnaround. The landscaped trees, shrubs or plants within the landscaped
island shall be highly tolerable to salt or other chemicals used for
the purpose of melting snow and ice.
N.
Future rights-of-way. Future rights-of-way are rights-of-way reserved
for future street improvements, as delineated on the Township Official
Map, county highway plan or as part of a future phase of development,
or if the zoning of an adjoining undeveloped lot would be conducive
to similar-type development in the future. Future rights-of-way shall
be designed in conformance with the design requirements of the particular
classification of street in which the future street is intended to
be used, and the contiguous parcels must contain proper setbacks and
sight distances.
(1)
The area within the future right-of-way shall be included within
the deeds to the abutting lots with an easement in favor of the Township
and landowners of the land in which the future right-of-way will extend
to permit the use of the future right-of-way for public street purposes
should the adjoining lands be developed.
(2)
The landowners of the lots in which the future right-of-way is included
shall have the duty to maintain the area included within the future
right-of-way, and this duty shall be indicated in a note on the final
plan and in all deeds to such lots.
(3)
The landowners of the lots in which the future right-of-way is included
shall have no obligation concerning the improvement of such future
right-of-way for street purposes.
O.
Streetlighting. Streetlighting shall be provided along all new streets
that are located within the designated growth area. The Planning Commission
may also require streetlighting along new streets located outside
the designated growth area on a case-by-case basis. Streetlighting
standards shall be as follows:
(1)
Streetlights shall be installed and spaced accordingly in order to
provide the following lighting standards for streets:
|
Use
|
Location
|
Maintained Footcandles1
(minimum)
|
Uniformity Ratio
(maximum: minimum)2
| |
|---|---|---|---|---|
|
Streets, street intersections and street signs
|
Residential subdivisions and land developments
|
0.4
|
6:1
| |
|
Nonresidential subdivisions and land developments
|
0.9
|
6:1
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Illumination levels are maintained horizontal footcandles in
a particular location that project onto pavement or other area surface.
| |
|
2
|
Uniformity ratio is a measure of the dispersion of light on
an area. The ratio is measured as maximum light level to minimum light
level. Example: 6:1 for the given area, the maximum level of illumination
should be no less than six times the minimum level of illumination
(0.4 x 6 = 2.4).
| |
(2)
Electrical installations for all lighting applications shall be in
accordance with the prevailing regulations and specifications established
by the appropriate electric service provider. It shall be the responsibility
of the developer to have final construction approved by an electrical
inspection agency and a written report attesting this fact submitted
to the appropriate electric service provider, thereby allowing the
utility to provide pole illumination.
(3)
Lighting fixtures and pole styles shall be of a decorative nature
and shall be designed appropriately for the lighting application for
which they are intended. Lighting fixtures and pole styles shall be
approved by the Township. Streetlighting styles within all land developments
shall be of the same style in all phases of the development and shall
also be the same or similar to neighboring properties.
(4)
All lighting fixtures shall be arranged to allow the light to be
directed downward onto the pavement or other surface area and street
signs or other identification signs. All light and glare shall be
directed away from roadways and buildings so not to present glare
to motorists, pedestrians or occupants of the building. Streetlights
shall utilize a full lens, full cutoff shield fixture to ensure compliance
with this section.
(5)
Poles for mounting lights shall not exceed 15 feet in height unless the developer can demonstrate to the satisfaction of the Township Engineer that a higher pole height is necessary for larger lighting applications and that the added height will not present a violation of the lighting requirements of Chapter 135, Zoning.
(6)
All lighting fixtures shall be actuated by a photoelectric controlled
switch.
(7)
The location of all streetlighting fixtures, fixture details, footer
and mounting details, and photometries shall be provided with the
subdivision and land development plan.
(8)
Materials and cost of installation for lighting fixtures shall be
the responsibility of the developer.
(9)
Dedication of streetlights. The Township Supervisors must accept
dedication of streetlighting facilities located within the right-of-way
of a public street that is also to be dedicated to the Township.
(a)
Until such a time as the streetlighting is dedicated, the developer
of the tract (who has escrowed the streetlighting) will be responsible
for any and all costs associated with each streetlight. Such costs
shall include, but not be limited to, administration, placement, and
maintenance. Electrical charges shall be the responsibility of Mount
Joy Township at the issuance of the use and occupancy permit for the
building within the development.
(b)
Streetlights not dedicated to the municipality will remain the
responsibility of the developer of appropriate private entity, including
all costs and responsibilities for the lighting in perpetuity.
P.
Alleys.
(1)
Alleys shall have the following characteristics:
(a)
A property which utilizes an alley shall maintain frontage along
a public or private street.
(b)
An application that proposes alleys shall be accompanied by
an agreement which shall be recorded with the final plan and which
shall establish the conditions under which the alleys will be maintained.
(c)
The final plan for recordation with the Recorder of Deeds shall
include a plan note which identifies the specific alleys, the recorded
maintenance agreement and a notification that the alleys do not qualify
for dedication to the Township and that the Township will not assume
any responsibility for their maintenance.
(2)
The cartway of all alleys shall be constructed as specified in the latest edition of the Pennsylvania Department of Transportation Publication 408. Additionally, all work shall be in conformance with § 119-52R.
(a)
No part of any structure shall be located within 30 feet of
the cartway edge of an alley.
(d)
Alleys which form a cul-de-sac shall not exceed 400 feet in
length, measured from the center line intersection of a street or
private street which is not a cul-de-sac. Alley culs-de-sac which
do not terminate in a parking compound shall be provided at the terminus
with a fully paved turnaround. The turnaround shall be designed in
accordance with one of the following methods:
(e)
All alleys shall be privately maintained. The plan shall contain
a note which shall state that the alley shall not be offered for dedication
and shall be privately maintained.
(f)
If an alley is to be for the common use of two or more properties,
the applicant shall provide for the maintenance of such alley. The
applicant shall provide for private maintenance through the formation
of a homeowners' association or through the setting forth of
the maintenance responsibilities in easements in the deeds to the
lots which have the right to use the alley. If a homeowners'
association is formed, a document setting forth the maintenance responsibilities
of such association and the right of such association to assess lots
within the development shall be recorded at the same time as the final
plan is recorded. All such documents shall be in a form acceptable
to the Township Solicitor.
(g)
All persons who shall purchase a lot abutting or having the
right to use an alley shall be given a copy of the final plan and,
if a homeowners' association has been formed, shall be given
a copy of all such documents relating to the maintenance responsibilities
of such homeowners' association.
Q.
Recommendations of traffic impact study. The requirements of this section apply where the traffic impact study, prepared in accordance with required reports in § 119-32C, indicates that improvements are necessary or advisable to existing Township and/or state streets and/or intersections within the traffic impact study area in order to assure adequate, safe and convenient access to each lot and/or structure and/or parking compound proposed as part of the development of the tract; to accommodate the traffic due to the proposed development; to provide for a level of service and delay for the design year, or years for phased projects, within the development which is at least equivalent to the projected level of service and delay for the design year(s) without the proposed subdivision or development; and/or to preserve the existing convenience of access to or ability to exit from abutting properties which gain access from the existing street, the developer shall install all such indicated improvements.
(1)
The developer shall install additional traffic lanes, traffic dividers,
traffic control devices, traffic signals, and other measures, as appropriate,
to ensure that the development of the tract does not adversely impact
the existing street system and/or access to or the ability to exit
from properties gaining access from an affected street.
(2)
If the traffic impact study indicates that improvements must be made
to a state street, the developer shall also take all action necessary
to obtain any PennDOT permits and/or approvals to install the necessary
street widening and/or traffic signals or traffic control devices.
(3)
If the traffic impact study recommends installation of traffic signals
or traffic signal modifications, the developer shall prepare all studies
and submit all necessary applications to enable the installation of
the traffic signal or modifications and shall install the traffic
signal or modifications at his cost and expense.
(4)
If the traffic impact study indicates that traffic control devices
or regulations, including but not limited to stop intersections, speed
limit reductions, or parking prohibitions, are required, the developer
shall prepare all studies necessary to justify imposition of such
regulations in accordance with PennDOT regulations and shall pay all
costs associated with the preparation and enactment of an ordinance
to establish such regulations.
(5)
The developer shall bear all costs and expenses in connection with
the improvements required by this subsection. If the developer requires
the Township to submit any permit applications or requests for approvals
in the name of the Township, the developer shall reimburse the Township
for all costs and expenses incurred by the Township in connection
with its review of the application and submission of the application
to PennDOT or any other governmental agency.
(6)
When the Township determines that the required improvements are not
feasible at the present time, the developer shall deposit funds with
the Township in the amount of 110% of the cost of the improvements
computed in accordance with the provisions of Section 509 of the Municipalities
Planning Code.[3] Such funds shall be maintained by the Township in a general
account to be used for traffic improvements.
[3]
Editors' Note: See 53 P.S. § 10509.
R.
Street construction standards. All roads or streets shown on the
land development plans shall be constructed and improved in the manner
described in this section.
(2)
The subgrade must be graded to the sections shown on the plans and
be firm and dry. If the subbase is soft or wet, the developer shall
install underdrains, undercut and install crushed aggregate and/or
use a structural fabric as necessary to provide a sound pavement structure
in accordance with PennDOT design standards and as approved by the
Township.
(3)
The Township shall be notified two days in advance of the intended
date of construction of the base so that the subgrade may be inspected.
(4)
The Township shall be notified two days in advance of the intended
date of construction of the paved surface so that the stone subbase
may be inspected.
(5)
The berm of said roadway shall be graded so that the normal surface
water will be properly carried therein without any surface water running
across the roadway.
(6)
The construction of all roads and streets shall comply with Chapter 113, Stormwater Management, and the curb and street standards set forth on Appendix No. 16 which is attached hereto and made a part hereof.
(7)
Except to the extent that any provision of this section is inconsistent
therewith, all roads and streets shall be constructed so that all
work and materials conform to the requirements of PennDOT Specifications,
Form 408.
(8)
Placement of backfill in trench excavations shall be as follows:
(a)
Trenching in areas of new street or road construction ("unimproved").
[1]
Backfill around pipe to the standards of the applicable utility or Chapter 113, Stormwater Management, whichever standard imposes greater restrictions.
[2]
Backfill the remainder of the trench with backfill as found
on the site (if such material is suitable and free from large rock
and/or organic material) in uncompacted lifts of no more than eight
inches, compacting each lift to 90% proctor density. Backfill should
continue in this manner until subgrade elevation is reached.
(b)
Trenching in existing streets and roadways.
[1]
Backfill around pipe to the standards of the applicable utility or Chapter 113, Stormwater Management, whichever standard imposes greater restrictions.
[2]
The balance of the trench shall be filled with compacted PennDOT specification 2A stone (crushed limestone; no slag shall be accepted). The stone shall be placed in lifts in accordance with the provisions of Subsection R(8)(a)[2] above.
[3]
Pavement replacement shall be in accordance with the typical
sections as set forth on Appendix No. 17, which is attached hereto
and made a part hereof.
S.
Driveways, access drives and specific traffic control requirements.
(1)
General access requirements.
(a)
All subdivisions containing 25 or more dwelling units or nonresidential
buildings containing 15,000 or greater of square feet of gross floor
area shall be provided with at least two separate and distinct means
of access to the subdivision or land development.
(b)
Access for a land development may be provided through two access
drives, or more if permitted, into the land development. Such access
drives shall comply with all requirements of this chapter.
(2)
Driveways. Driveways that serve any dwelling on a single lot or an
agricultural use, at a minimum, shall be designed in accordance with
the following:
(a)
Driveways shall be designed and constructed to meet the criteria of Chapter 67, Driveways, of the Township Code of Ordinances.
(b)
Driveway locations shall be indicated on the final plans provided
for review by the Planning Commission.
(c)
Driveways shall not connect with a public street within 40 feet
of the right-of-way lines of any intersecting street.
(d)
Driveway access to lots shall be provided to the street of lesser
classification.
(e)
To maintain good access management in the street network, when a driveway intersects with a collector or arterial street, joint, shared use, or reverse frontage driveways should be encouraged when such design would increase traffic safety by decreasing the potential for vehicular conflicts. The use of joint, shared use, or reverse frontage driveways shall comply with the regulations set forth in Chapter 135, Zoning, for the particular driveway type that is proposed.
(f)
Any driveway accessing a state road shall be subject to the
approval of PennDOT.
(3)
Access drives. Access drives that serve a land development shall,
at a minimum, be designed in accordance with the following:
(a)
Any access drive that is intended for restricted access, including,
but not limited to, a condominium development, shall be accompanied
by a recorded declaration or an agreement for shared access that is
satisfactory to the Township and the Township Solicitor and which
shall be recorded with the Lancaster County Recorder of Deeds as part
of a final plan. This agreement shall establish the conditions under
which the access drive will be constructed and maintained in accordance
with the design approved on the final plan.
(b)
A plan notation shall be added to the final plan indicating
that any access drive proposed as part of a land development does
not qualify for dedication to the Township and shall indicate that
the landowner assumes all responsibility for its maintenance and repair.
(c)
The same intersection standards for local streets under § 119-52K shall apply for intersections of an access drive with a street.
(d)
Access drives shall be separated by 200 feet from any other
access drive intersection with a street and any other intersections
of two streets. Access drive intersections with other access drives
shall be separated by 75 feet when such intersections occur internally
within a land development. The separation distance requirements in
this subsection shall be measured between the center line of the intersections.
(e)
The vertical alignment of access drives shall comply with the vertical alignment of streets as stated in § 119-52H.
(f)
The horizontal alignments of access drives shall be measured
along the center line. Horizontal curves shall be used at all angle
changes more than 2°. All curves shall be tangential arcs. The
minimum horizontal curve radius shall be 75 feet.
(g)
No more than two access drives shall be located on a single
street frontage.
(h)
Cartway width. The following table specifies various access
drive width requirements:
|
Function of Access Drive
|
Required Cartway Width
(feet)
| |
|---|---|---|
|
2 lanes of traffic with parallel parking along the cartway
|
36
| |
|
2 lanes of traffic without parallel parking along the cartway
|
20
| |
|
1 lane of traffic with 1 lane of parallel parking along the
cartway
|
18
| |
|
1 lane of traffic without parallel parking along the cartway
|
10
|
(i)
Access drives shall be set back a minimum of 15 feet from any
side or rear property lines, except in the case the applicant receives
approval for a joint use parking facility.
(k)
Access drive signs, traffic controls and name signs.
[1]
If applicable, access drives shall include all necessary signage,
including, but not limited to, name identification, traffic control
and parking control signage, and shall be constructed and installed
by the developer in a manner that is to be approved by the Township.
[2]
If applicable, access drives that are continuations of existing
access drives shall be known by the same name. Names for new access
drives shall not duplicate or closely resemble names of existing streets
or access drives within the same postal area. All new names are subject
to approval by the Township, Lancaster County-Wide Communications
and the address manager for the district U.S. post office that serves
the Township.
(l)
Access drives shall be constructed to the standards of a street as described in § 119-52R, unless an alternative construction standard is proposed by the applicant and found to be acceptable by the Township Engineer.
(m)
Any access drive accessing a state road shall be subject to
the approval of PennDOT.
(4)
Traffic control and access requirements.
(a)
If any traffic signals are to be installed, the distance between
any new and/or existing signals shall be at least 1,000 feet; provided,
however, that installation of traffic signals at paired entrance and
exit ramps to a limited-access highway shall be exempt from this requirement.
(b)
Design of proposed development access drives shall take into
consideration the horizontal and vertical grades of the existing road
network in the traffic impact study area to permit safe and convenient
access to the site as defined in the latest PennDOT standards and
regulations. All modifications required to meet these regulations
will be the responsibility of the developer.
(c)
The developer shall demonstrate by using the latest PennDOT
standards and regulations that the proposed use will not create traffic
patterns and movements which will jeopardize the travel public.
[1]
Stacking of sufficient length shall be provided in all traffic
lanes on the site and off the site on adjacent roadways to insure
that there shall be no blockage of through traffic. The design and
length of the stacking lanes shall be justified and supported by the
queuing analysis required as part of the traffic impact study.
[2]
Street and/or access drives to and within the site shall be
designed in a manner that blockage of through traffic by vehicles
attempting to enter or exit on these streets or access drives will
not occur.
[3]
Acceleration, deceleration and turning lanes shall be of sufficient
lengths to accomplish their intended use.
(d)
If reduction of the speed limit, installation of traffic control
devices, limitation of parking or turning movements or similar measures
are required to mitigate traffic impacts upon Township or state highways,
the applicant shall present traffic studies performed in accordance
with PennDOT regulations and Publication No. 212, Official Traffic
Control Devices, or such other regulations as PennDOT may adopt. The
erection of the installation of such traffic control devices shall
be in accordance with Title 67, Chapter 212, Official Traffic Control
Devices, of PennDOT regulations or such other regulations as PennDOT
may adopt. If the enactment of an ordinance is necessary to effectuate
the traffic regulations or the installation of the traffic control
device, the applicant shall reimburse the Township for all expenses
in the preparation and enactment of the necessary ordinance.
(e)
No street shall be located in a manner which would limit access
to or exiting from abutting properties gaining access from the existing
street with which a proposed street will intersect unless the developer
provides such lots with alternate access from the proposed street
system in a manner acceptable to each affected lot owner. It shall
be the burden of the applicant to demonstrate that such access is
acceptable to all owners of an affected lot. For the purpose of this
provision, limitation of access shall include the limitation of turning
movements into or existing the abutting property or properties gaining
access from the existing street, whether by traffic regulations, installation
of barriers to prevent turning movements, installation of additional
traffic lanes in front of a property, or difficulties or delays resulting
from increased traffic flows.
(f)
Where new intersections are being established to serve as access
to the proposed development, these intersections must be designed
to at least operate at Level of Service D or better.
(g)
For access points to the proposed development and any major
intersections where traffic signal control may be required or is being
proposed, a traffic signal warrant analysis shall be performed in
accordance with the requirements of PennDOT Publication 212 or any
regulations which PennDOT may adopt. A left-turn lane shall be provided
and an analysis shall be completed to determine the type of signal
phasing required.
(h)
Emergency traffic signal preemption shall be addressed and provided
as required.
(i)
Additional left- and right-turning lanes shall be provided to
address the existing roadway site conditions and access to the proposed
development.
(j)
An agreement between the Township and developer shall be provided
with regard to operating expenses and maintenance of proposed traffic
signals.
(k)
Additional through lanes and lane transitions of sufficient
length shall be provided to allow smooth traffic flow to existing
traffic lanes, thus minimizing congestion, delays and/or blockage
of through traffic within the proposed improvement area. The design
and length should be justified and supported by the queuing analysis
required as part of the traffic impact study.
(5)
Emergency access requirements. If the applicant is unable to meet
the general access requirements of this section by providing access
to the subdivision or land development through two or more public
or private streets, each of which intersects with an existing public
street, or two or more access drives which intersect with one or more
existing public streets, an emergency access shall be provided and
comply with the following:
(a)
The emergency access shall be improved so that emergency vehicles
may safely traverse it and shall be indicated on the plans.
(b)
The emergency access shall be acceptable to the providers of
emergency services within the Township. Applicants proposing to provide
emergency access shall submit evidence of such approval.
(c)
The emergency access may be located so that access to the subdivision
or land development is gained from a public street at a location unsuitable
for regular access with an existing public street.
(d)
The emergency access may be located so that access is gained
from an adjacent tract. For example, a subdivision or land development
adjoining a parking lot of another use may provide emergency access
through a point with a break chain. Applicants with plans indicating
emergency access through an adjoining private tract shall provide
evidence that the adjoining property owner has consented to such emergency
access location.
(6)
Areas provided for loading and unloading of trucks and/or other vehicles
or for servicing of stores or for trash or recyclables collection
or other services shall be adequate in size and shall be so arranged
that they may be used without blocking or interfering with internal
circulation.
A.
Parking facilities. Off-street vehicular parking facilities shall be provided in accordance with Chapter 135, Zoning, and shall also comply with the following requirements:
(2)
Parking spaces and aisles shall be provided for the physically handicapped
and shall meet all applicable requirements of the latest edition of
the Americans with Disabilities Act (ADA). ADA-compliant parking shall
be provided for all nonresidential developments, multifamily dwellings
and any other instances where ADA-compliant parking is required. ADA-compliant
parking shall be located closest to the accessible building entrance.
(3)
Parked vehicles adjacent to sidewalks shall not overhang or extend
over the sidewalk in a manner that restricts pedestrian circulation.
Where such overhang is not restricted by a wheel stop or other device,
sidewalks shall have a four-foot minimum clearance width from any
obstacles.
(4)
Not less than a two-foot radius of curvature shall be permitted for
horizontal curves in parking areas.
(5)
All dead end parking lots shall be designed to provide sufficient
backup area for all end stalls, as well as sufficient turnaround room
for all vehicles intended to use the parking facility.
(6)
Painted lines, arrows, and dividers shall be provided and maintained
to control parking, and when necessary to direct vehicular circulation.
(7)
Parking facilities shall be constructed with a crushed aggregate
subbase course with a minimum thickness of six inches, as specified
in the PennDOT Specifications, Form 408, or other PennDOT-approved
equivalent. Pavement shall consist of a minimum of 1 1/2 inches
of base courses and one-inch wearing surface. Material shall be equal
or superior to PennDOT Specifications for Bituminous Surface Course
ID-2 and shall be applied in accordance with the PennDOT Specifications,
Form 408, or other PennDOT-approved equivalent.
(8)
Permeable pavement is encouraged, but not required. Permeable pavement
shall not be located in industrial developments, fueling stations,
loading areas or other areas of a parking facility where frequent
heavy truck travel occurs, sites with expansive soils or shallow depth
to bedrock, areas draining to the permeable pavement greater than
five acres, areas with the water table less than two feet below the
bottom of the pavement base, and less than 100 feet from drinking
wells. Permeable pavement includes paving units, porous asphalt pavement,
or porous concrete (using single-sized aggregate and low water content);
uniformly graded stone aggregate with void space; filter fabric lining
the subsurface beds; and uncompacted (or hand-compacted) subgrade.
Permeable pavement shall consider the infiltration rate of the soil
subgrade under the base. Constant supervision during construction
is encouraged as sediment must be kept from the aggregate base. Maintenance
shall be performed as according to the manufacturer's specifications.
(9)
Speed bumps.
(a)
Speed bumps, constructed as part of access drives or parking
lots, shall be marked with permanent, yellow diagonal stripes.
(b)
The speed bumps shall be in the form of mounds or depressions
in the pavement and shall be designed to restrain motor vehicle speed.
(c)
There shall be a warning sign posted at each entrance to a parking
area having speed bumps.
(d)
In no case shall the overall height (or depth) of speed bumps
exceed three inches.
B.
Sidewalks.
(1)
Paved sidewalks shall be provided on both sides of a new street and
access drive that serve all subdivisions and land developments, with
the exception to those subdivisions or land developments located outside
the adopted designated growth area, as indicated in the Township Comprehensive
Plan. The Township may require sidewalks outside the designated growth
area if the subdivision or land development is located:
(a)
Within 300 feet of a higher intensity zoning district.
(b)
Within 500 feet of existing sidewalks.
(c)
Within 500 feet of a commercial center or other commercial establishment,
community facilities, recreational facilities, pedestrian trails,
schools or other nonresidential establishments in which the Planning
Commission determines that there is reasonable grounds to believe
that, because of nearby existing, proposed, or contemplated development,
there will be generate pedestrian traffic to and from the establishment
in an amount that would require the construction of sidewalks to properly
and safely provide access to said establishment.
(2)
Sidewalks shall also be provided in any location within land developments
for access to and/or within a commercial, industrial or other community
facility. Sidewalks which are provided as part of such nonresidential
facilities shall be designed and constructed to service the projected
pedestrian needs.
(3)
Where curbs and sidewalks are required or provided, clearly marked
crosswalks shall be provided at all intersections. Crosswalks may
also be required by the Planning Commission at other locations to
promote the convenience and safety of pedestrian traffic. The design
of crosswalks and the materials used shall be consistent with PennDOT
Form 408 specifications.
(4)
Construction standards.
(a)
Paved sidewalks shall be constructed in accordance with Appendix
No. 16[2] and PennDOT Publication 408, Specifications, and PennDOT
Publication 72, Standards for Roadway Construction, and in accordance
with any regulations adopted by the state or federal government concerning
handicapped accessibility.
[2]
Editor's Note: Appendix No. 16 is included at the end of this
chapter.
(b)
Supplementing Appendix No. 16 and PennDOT specifications and
standards, the following construction and repair practices shall be
followed:
[1]
The depth of concrete at driveway ramps where a driveway crosses
shall be a minimum of six inches.
[2]
Construction of driveway and pedestrian ramps shall be consistent
with the design standards set forth in PennDOT Publication No. 72
for curb ramps. Pedestrian ramp locations will be where directed by
the Township Engineer.
(5)
Encroachments into any sidewalk area shall not result in less than
a four-foot-wide minimum clearance width from any obstacles.
(6)
Where possible, sidewalks should be sloped towards adjacent pervious
surfaces, not adjacent impervious surfaces.
(7)
Ramp cuts shall be located at all sidewalks intersecting with vehicular
travelways.
(8)
Marked crosswalks shall be provided within the vehicular travelways
intersecting all sidewalks.
(9)
Sidewalk construction shall meet all applicable standards of the
latest edition of the Americans with Disabilities Act (ADA).
(10)
A minimum of a four-foot-wide grass planting strip shall be
provided between the back of the curb and the edge of the sidewalk.
C.
Curbs.
(1)
Concrete curbs shall be provided for all subdivisions and land developments
along street frontages, access drives, and along the edge of any landscaped
portions of a parking facility. For developments located outside the
designated growth area, curbing shall not be required along all street
frontages, access drives and along the edge of any landscaped portion
of a parking facility, unless the Township Engineer determines it
is necessary for stormwater management and control purposes. Concrete
curbs may be required by the Township in subdivisions and land developments
outside the designated growth area in the following locations:
(2)
Construction standards.
(a)
All curbs shall be constructed in accordance with the specifications
located in Appendix No. 16[3] and the most current editions of PennDOT Publication Form
408, Specifications, and PennDOT Publication No. 72, Standards for
Roadway Construction, and in accordance with any regulations adopted
by the state or federal government concerning handicapped accessibility.
[3]
Editor's Note: Appendix No. 16 is included at the end of this
chapter.
(b)
Supplementing Appendix No. 16 and PennDOT specifications and
standards, the following construction and repair practices shall be
followed:
[1]
Construction of driveway and pedestrian ramps shall be consistent
with the design standards set forth in PennDOT Publication No. 72
for curb ramps. Pedestrian ramp locations will be where directed by
the Township Engineer.
[2]
Vertical curbs shall be installed unless the Township Engineer,
for cause shown, permits the use of slant curbs. Cost shall not be
considered cause warranting use of slant curbs.
(3)
Curbing shall be designed to provide a ramp cut at each intersection
of a vehicular travelway, at the principal entrances to buildings
which front on parking lots, and at all crosswalks.
(4)
Any transition between curbing types shall be at the discretion of
the Township and shall be subject to final approval by the Township
Engineer.
(5)
Curb construction shall meet all applicable standards of the latest
edition of the Americans with Disabilities Act (ADA).
A.
The configuration of blocks and lots shall be based upon the lot area requirements of Chapter 135, Zoning, the salient natural features, the existing man-made features, the proposed type of structure, existing and proposed traffic patterns, and land use type. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation. Lots where areas that are two or more times the minimum requirements shall, wherever feasible, be designed with configurations which allow for additional subdivision.
B.
Residential blocks. All blocks in a residential subdivision shall
have a maximum length of 1,000 feet.
C.
Nonresidential blocks. Blocks in nonresidential areas may vary from the requirement of Subsection B when required by the nature of the use. Adequate provisions shall be made for off-street parking, loading areas and traffic circulation.
D.
Lot and parcel configuration.
(1)
Whenever practical, side lot lines shall be radial with or perpendicular
to street lines.
(2)
In order to avoid jurisdictional problems, lot lines shall, wherever
feasible, follow municipal boundaries rather than cross them. Where
a lot is divided by a municipal boundary, the minimum standards of
both municipalities shall apply.
(3)
All lots with a width of 60 feet or more shall contain an average
depth not less than 1/2 nor more than three times their width, provided
that the minimum average depth shall not be less than 75 feet. All
lots with a width less than 60 feet shall contain an average depth
not less than 75 feet.
(5)
All lots shall front on an approved public or private street and
maintain a minimum lot frontage of 2/3 the width of the lot at the
building setback line.
(6)
Double frontage lots are prohibited except where provided as reverse
frontage lots. Reverse frontage lots are only permitted when a reduction
of driveway intersections along a street with a high volume of vehicular
movements is desired. All reverse frontage lots shall include an identification
of the frontage for use as a road access.
(7)
All residential reverse frontage lots shall have a rear yard in accordance with Chapter 135, Zoning, measured at the shortest distance from the proposed dwelling unit to the street right-of-way and shall, within each rear yard and immediately adjacent to the street right-of-way, have a planted buffer/landscape screen in accordance with Chapter 135, Zoning.
(8)
All remnants of land (areas remaining after subdivision) shall conform
to the lot area and configuration requirements.
E.
Lot size and/or intensity. All lot sizes shall conform to Chapter 135, Zoning. Where lot size is being reduced and/or the intensity of development is being increased through the use of TDRs, the applicant shall demonstrate that the applicant has acquired sufficient TDRs for the proposed decrease in lot sizes and/or increase in intensity.
A.
A building setback line shall be provided along each public and/or
private street. The area in front of the building setback line shall
be preserved from structural development.
C.
In the case of corner lots, the setback from each adjacent street
shall apply.
E.
On any lot abutting a railroad, no dwelling shall be placed within
75 feet of any portion of the railroad right-of-way or power line.
A.
To the fullest extent possible, easements shall be adjacent to property
lines.
B.
Nothing shall be placed, planted, set or put within the area of an
easement that would adversely affect the function of the easement
or conflict with the easement agreement. This requirement shall be
noted on the final plan and shall be included in all deeds for lots
which contain an easement.
C.
Pedestrian easements shall have a minimum width of six feet, unless
a greater width is required by another section of this chapter.
D.
Utility location. All utility easements shall have a minimum width
of 30 feet. The following requirements for utilities shall also apply:
(1)
All electric, telephone, television, and other communication distribution
lines servicing new developments should be provided by underground
wiring within common easement locations or dedicated rights-of-way,
installed in accordance with the prevailing standards and practices
of the utility or other companies providing such services.
(2)
Lots which abut existing easements or public rights-of-way where
overhead electric or telephone distribution supply lines and service
connections have heretofore been 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.
(3)
Where overhead electric or telephone lines are permitted as the exception,
the placement and alignment of poles shall be designed to lessen the
visual impact of overhead lines. Trees shall be planted in open areas
and at key locations to minimize the view of the poles and the alignment.
(4)
All other utilities aside from electric, telephone, television, and
communication facilities are encouraged to use common easements when
feasible.
E.
The applicant shall reserve easements where stormwater or surface
water drainage facilities exist or are proposed, whether located within
or beyond the boundaries of the property. Easements shall have a minimum
width of 30 feet and shall be adequately designed to provide area
for the collection and discharge of water, the maintenance, repair
and reconstruction of the drainage facilities and the passage of machinery
for such work. The easements shall clearly identify who has the right
of access and responsibility of maintenance. This requirement shall
be noted on the final plan and shall be included in all deeds for
lots which contain an easement. An applicant shall also be responsible
for completing a declaration of easement and stormwater management
agreement in a form that is acceptable to the Township Solicitor.
F.
Where any petroleum or petroleum product transmission line traverses
a subdivision or land development, the applicant 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 petroleum or petroleum product transmission
line. Additionally, the Planning Commission will require, with the
final plan application, a letter from the owner of the transmission
line stating any conditions on the use of the tract which shall contain
the above.
G.
Snow removal stockpile easements shall be provided at all intersections
and the end of all culs-de-sac. Snow removal stockpile easements shall
be a minimum of 30 feet long, measured along the edge of the street
cartway, and extend from the edge of pavement of the intersection
or cul-de-sac for a length back a total distance of 15 feet. No on-street
parking, driveway, structure, aboveground portion of a utility, landscaping
or any other use shall be located within the easement that would interfere
with the intended purpose of the easement. All snow removal stockpile
easements shall be delineated on the plans and all locations shall
be approved by the Township.
H.
Conservation easements shall be provided surrounding the limits of riparian corridors, wetlands, floodplains, mature forests and other environmentally sensitive areas as defined by Chapter 135, Zoning. The purpose of said easement shall be to keep such environmentally sensitive areas in their natural state. The applicant shall be responsible for providing a declaration of easement and agreement in a form acceptable to the Township Solicitor.
A.
The location of all existing and proposed monuments, lot line markers,
property corners, and drill holes shall be shown on the final plan.
Those that are proposed shall be labeled as such.
B.
Three monuments shall be spaced around the proposed project with
precise bearings and distances labeled which reference those monuments
to known property corners.
(1)
Two such monuments shall be consecutive corners along street rights-of-way
and the third may be placed either on the boundary or internal to
the site.
(2)
Longitude and latitude coordinates of the monuments shall be shown
on the recorded plan.
(3)
If GPS technology is used, it shall be rectified and calibrated to
the State Plane Coordinate System, North American Datum (NAD) 1983.
(4)
Monuments must be readily accessible and clear of overhead obstructions.
(5)
A computer readable point file, including property lines, corners,
rights-of-way, and easements for the site, shall be submitted to the
Township prior to final plan recordation.
C.
Monuments shall be concrete or stone, with a flat top having a minimum
width or diameter of four inches and a minimum length of 30 inches.
Concrete monuments shall be marked with a three-fourths-inch copper
or brass dowel or drill hole; stone or precise monuments shall be
marked on the top with a drill hole.
D.
Markers shall be set at all points where lot lines intersect curves,
at all angles in the property lines, at the intersection of all other
property lines, and at the street right-of-way.
E.
Markers shall consist of iron pipes or steel bars at least 30 inches
long and not less than 5/8 of an inch in diameter.
F.
Drill holes shall be drilled in concrete curbs (with or without PK
nails or discs) having a minimum diameter of 1/4 inch. The depth of
the holes shall be such that a PK nail or disc, if used, can be set
in as close to the surface of the curb as possible. Minimum depth
without the use of a PK nail or disc shall be 1/2 inch. In the absence
of PK nails or discs, chisel or saw marks shall be used to facilitate
and identify the drill hole locations.
G.
All monuments, markers, and drilled holes shall be placed by a registered
professional land surveyor so that the scored market point, or center
of the driller hole, shall coincide with the point of intersection
of the lines being monumented or marked.
H.
A note shall be provided on the plan indicating when the monuments
and markers are to be set.
All stormwater management, collection and conveyance, erosion control, and floodplain considerations shall be accomplished in accordance with the provisions of Chapter 113, Stormwater Management, as well as the following:
A.
Erosion and sedimentation controls. All development applications
which involve grading or excavation shall conform to the requirements
of Chapter 102 of the regulations of the DEP, as amended from time
to time. It shall be the responsibility of the applicant to secure
all approvals required by the Lancaster County Conservation District,
as delegated by the DEP prior to commencement of construction activities.
Approval of plans by the Planning Commission shall not be construed
under any regulation of the DEP, Lancaster County Conservation District,
or other regulatory body.
B.
Floodplains. Floodplain areas shall be established and preserved as provided by Chapter 135, Zoning, and as specified below:
(1)
A one-hundred-year floodplain shall be established for all watercourses
and shall be delineated by one of the following methods:
(a)
A hydrologic report prepared by an individual registered in
the commonwealth to perform such duties.
(b)
A hydrologic report prepared by an agency of the county, state
or federal government.
(c)
In the case of any dispute concerning when, where and how the
floodplain is to be established, the Planning Commission will determine
the ultimate design criteria and/or the floodplain boundary limits.
(2)
Whenever a floodplain is located within or along a lot, the plan
shall include the following:
(a)
The boundary of the floodplain and the elevation or locational
dimensions from the centerline of the watercourse.
(b)
A plan note indication that the floodplain shall be kept free
of structures, fill and other encroachments.
(c)
A plan note that all floor elevations for all structures adjacent
to the floodplain shall be one foot above the one-hundred-year floodplain
elevation.
(d)
The foregoing requirements shall not be construed as a prohibition of the following uses and structures, provided that such uses and structures are in compliance with Subsection B(3) below and all other requirements of this chapter:
[1]
Stormwater management facilities.
[2]
Stream improvements whose sole purpose is to improve aquatic
wildlife habitat which is approved by applicable state and/or federal
agencies.
[3]
Farm ponds.
[4]
Floodproofing and flood hazard reduction structures to protect
existing buildings.
[5]
Public and private utility facilities, except buildings.
[6]
Water-oriented uses (except buildings), such as docks; piers,
boat launching ramps and hatcheries.
[7]
Water monitoring devices.
[8]
Culverts, bridges and their approaches for floodplain crossings
by streets, alleys, access drives, walking/bicycle paths or driveways.
(3)
Plans for any of the uses and structures listed in Subsection B(2) above shall be incorporated into the design of plans and shall be subject to approval by the Planning Commission. The plans shall demonstrate that the proposed uses or structures do not increase the height or the frequency of floodplain water; allow the unrestricted passage of floodplain water; are installed so as to withstand the maximum volume, velocity and force of floodplain water; are flood- and flotation-proof; do not create unhealthy or unsanitary conditions; and do not degrade the quality of surface water or groundwater.
(4)
The inclusion of a floodplain with lots in order to meet the minimum lot area and/or yard requirements in accordance with Chapter 135, Zoning, shall be permitted, provided that each such lot contains sufficient area exclusive of the floodplain for buildings and, when applicable, an on-lot sewage system and a replacement location for such on-lot sewage system in accordance with § 119-60 herein.
(5)
It is recommended that the five-hundred-year-floodplain corridor
be identified on plans and that any structures located between the
one-hundred- and five-hundred-year floodplains are floodproofed to
the limits of the five-hundred-year-floodplain corridor.
The following landscaping requirements shall be in addition to any landscaping requirements of Chapter 135, Zoning:
A.
All proposed subdivisions and land developments shall be landscaped in compliance with this chapter and Chapter 135, Zoning. A landscape plan shall accompany a subdivision and land development plan and shall be drafted by a registered engineer or landscape architect.
B.
All planting shall be performed in conformance with good nursery
and landscape practice. Plant materials shall conform to the standards
recommended by the American Association of Nurseryman, Inc., in the
American Standard of Nursery Stock, ANZIZ60, current edition, or any
amendments made hereafter.
(1)
Provide a landscape plan note indicating that the top of the main
order root (first large set of roots that divide from the trunk) shall
be planted no lower than one or two inches into the soil.
(2)
Planting designs are encouraged to share planting space for optimal
root growth whenever possible. Continuous planting areas versus isolated
planting boxes are encouraged.
(3)
No staking and wiring of trees shall be allowed without a maintenance
note for the staking and wiring to be removed within one year of planting.
C.
All required landscape plants shall be maintained and guaranteed
for a length of 18 months from the date of planting. No more than
1/3 of the tree or shrub shall be damaged or dead without replacement.
Replacement plants shall conform to all requirements of this section
and shall be maintained after replanting for an additional 18 months.
A note indicating this requirement shall be placed on the plans.
D.
The plant's growth shall not interfere with the street cartway,
access drives or driveway locations, sidewalk, signage, easement locations,
clear sight triangles, or utility line locations. No landscaping with
sight triangle easement locations shall exceed two feet in height.
E.
In order to aid surveillance and minimize the potential for crime,
planting shall be sited, massed, and scaled to maintain visibility
of doors and first floor windows from the street and from within the
development to the greatest extent possible. Planting patterns shall
not obstruct sight lines or create isolated areas, especially near
pedestrian walking paths.
F.
Any existing vegetation that is in appropriate locations, of an acceptable
species and quality, may be used to fulfill landscaping and buffering
requirements.
G.
Street trees shall be provided in all subdivisions and land developments
which include new streets.
(1)
Street trees shall not be located any farther than 40 feet away from
the new street right-of-way.
(2)
The number of street trees shall be based on two street trees required
for every 100 linear feet of new street measured at the center line.
(3)
The spacing of trees shall be based on the size of the tree canopy
at maturity with trees spaced no closer than 30 feet on center if
the tree canopy is less than 30 feet spread at maturity, spaced 30
to 60 feet on center if the tree canopy is 30 to 50 feet spread at
maturity, and street trees spaced 50 to 100 feet on center if the
tree canopy is over 50 feet spread at maturity. When a less formal
arrangement is desired, where more massing is appropriate, or improvements
such as benches are located, street trees shall be grouped in a manner
that is approved by the Township.
(4)
The following tree species are acceptable to meet the street tree
requirements. Other tree species may be used, provided acceptable
information is submitted to indicate that the species are hardy trees
or fits the sites ecosystem:
(5)
No one species shall comprise more than 33% of the entire number
of street trees in a particular development.
(6)
All street trees shall be provided by the applicant in accordance
with the following standards:
(a)
The trees shall be nursery grown in a climate similar to that
of the project. Varieties of trees within the public street right-of-way
shall be subject to the approval of the Township.
(b)
All trees shall have a normal habit of growth and shall be sound,
healthy, and vigorous; they shall be free from disease, insects, eggs,
and larvae.
(c)
The trunk caliper, measured at a height of six inches above
finish grade, shall be a minimum of two inches.
(d)
Tree planting depth shall bear the same relationship to the
finished grade as the top of the root ball or original grade of origin.
H.
Existing wooded areas. Existing wooded areas shall be protected to
prevent unnecessary destruction. At least 20% of any existing woodlands
that exist at the time of plan submission shall be maintained or replaced
immediately following construction. Replacement trees shall be a minimum
trunk caliper of two inches at a height of six inches above finished
grade. If the applicant can prove that invasive species are within
a particular area of the wooded location, then the percent of woodlands
to be removed may be increased to eradicate invasive species. The
tree protection area must be indicated on the plans. Individual trees
that are to be saved shall be marked prior to construction, and in
the case of mature wooded areas, the edge of the wooded area shall
be marked with a forty-eight-inch-high construction or snow fence,
mounted on steel poles, placed around the perimeter of the wooded
area, to remain.
I.
Ground cover. Ground cover shall be provided on all areas of the
project to prevent soil erosion. All areas which are not covered by
paving, stone, or other solid material shall be protected with a suitable
ground cover, consisting of spreading plats, including sods and grasses,
less than 18 inches in height.
J.
Native and invasive planting.
(1)
Native plant materials should be incorporated in all designs. The
use of native plant material can help improve water quality, provide
additional and improved wildlife habitat, and typically adapt to local
conditions which then require less maintenance. Native plants must
be used near greenways, suburban forested areas, wetlands, and riparian
areas.
(2)
Except as noted above, non-native plants may be included in place
of a native plant if they are not considered invasive and the plant
does not introduce pests or diseases. A non-native plant may be incorporated
into designs when it proves to be better suited for a particular soil,
environment, spatial constraints, and integration into the surrounding
ecosystem.
(3)
The following is a list of invasive plants which may not be used
in any planting schedule:
(a)
Trees. Tree-of-heaven (Ailanthus altissima), Norway maple (Acer
platanoides), Sycamore maple (Acer psuedoplatanus), Empress tree (Paulownia
tomentosa), Callery pear (Pyrus calleryana), Siberian elm (Ulmus pumila).
(b)
Shrubs. Japanese barberry (Berberis thunbergii), European barberry
(Berberis vulgaris), Russian olive (Elaeagnus angustifolia), Autumn
olive (Elaeagnus umbellate), Winged Euonymus (Euonymus alatus), Border
privet (Ligustrum obtusifolium), Common privet (Ligustrum vulgare),
Tartarian honeysuckle (Lonicera tartarica), Standish honeysuckle (Lonicera
maackii), Bell's honeysuckle (Lonicera morrowii x tatarica),
Common buckthorn (Rhamnus catharticus), Glossy buckthorn (Rhamnus
catharticus), Glossy buckthorn (Rhamnus multiflora), Wineberry (Rubus
phoenicolasius), Multiflora rose (Rosa multiflora), Japanese spiraea
(Spiraea japnonica), Guelder rose (Viburnum opulus var. opulus).
(c)
Grasses. Cheatgrass (Bromus tectorum), Japanese stilt grass
(Microstegium vimineum), Maiden grass (Miscanthus sinensis), Common
reed (Phragmites australis), Reed canary grass (Phalaris arundinacea),
Johnson grass (Sorghum halepense), and Shattercane (Sorghum bicolor
ssp. drummondii)
(d)
Flowers. Garlic mustard (Alliaria petiolata), Goutweed (Aegopodium
podagraria), Bull thistle (Crisium vulgare), Canada thistle (Cirsium
arvense), Musk thistle (Carduus nutans), Jimsonweed (Datura stramonium),
Goatsrue (Galega officinalis), Giant hogweed (Heracleum mantegazzianum,
Dame's rocket (Hesperis matronalis), Purple loosestrife (Lythrum
salicaria, L. virgatum), Eurasian water-milfoil (Myriophyllum spicatum),
Star-of-Bethlehem (Ornithogallum nutans, umbellatum), Japanese knotweed
(Polygonum (Falopia) cuspidatum/Polgonum sachalinense), Wild parsnip
(Pastinaca sativa), Beefsteak plant (Perilla frutescens), Lesser celandine
(Ranunculus ficaria), Water chestnut (Trapa natans).
(e)
Vines. Fiveleaf akebia (Akebia quinata), Porcelain-berry (Ampelopsis
brevipedunculata), Oriental bittersweet (Celastrus orbiculatus), Japanese
honeysuckle (Lonicera japonica), Kudzu (Pueraria lobata), Mile-a-minute
vine (Polygonum perfoliatum)
A.
Sanitary sewage disposal. Where feasible, the applicant shall be required to connect to the public sewer system. Feasibility will be determined by Article IV, Sewer Connections, of Chapter 100, Sewers, and/or the public water provider and/or public sewer provider standards requiring connection and analysis of the sewer and water feasibility study required by § 119-32A of this chapter.
(1)
When the Township, in accordance with the Pennsylvania Sewage Facilities
Act, Act 537 of 1966,[1] as amended, determines the necessity for a sewer facilities
plan revision (plan revision module for land development), or supplement,
the Planning Commission shall require that notice of approval from
the DEP be submitted as a condition of final plan approval.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(2)
If the applicant proposes connection to the public sewer system,
the final plan application shall include a statement from the public
sewer provider indicating the approval of the plans for design, installation
and possible financial guaranties.
(3)
If the applicant proposes connection to the public sewer system,
the sewerage installation shall be in accordance with the specifications
of the public sewer provider. The public sewer provider shall establish
requirements for the ownership and maintenance of such system.
(4)
If the applicant proposes to provide a community sewer system, its
construction and installation shall be in accordance with the public
sewer provider's applicable specifications and all regulations
of the DEP. The applicant shall obtain all permits and approvals required
by the public sewer provider or the DEP.
B.
Water supply.
(2)
If the applicant proposes connection to the public water system,
the locations and kind of fire hydrants shall be in accordance with
the specifications of the public water provider which operates such
water system in concert with the local fire department thread requirements.
A copy of the approval of such system by the public water provider
shall be submitted.
(3)
If the applicant proposes connection to the public water system,
the final plan application shall include a statement from the public
water provider indicating the approval of the plans for design, installation
and possible financial guaranties.
(4)
If the applicant proposes connection to the public water system,
the installation and construction shall be in accordance with the
specifications of the public water provider. The public water provider
shall establish requirements for the ownership and maintenance of
such system.
(5)
If water is to be provided by means other than private wells owned
and maintained by the individual owners of lots within the subdivision
or land development, the applicant shall present evidence that the
subdivision or land development is to be supplied by a certificated
public utility, by a bona fide cooperative association of lot owners
or by the public water provider. A copy of a certificate of public
convenience or an application for such certificate, a cooperative
agreement or a commitment to serve the area in question, whichever
is appropriate, shall be acceptable evidence.
(6)
If the applicant proposes to provide a community water supply system,
its installation shall be in accordance with the public water provider's
applicable specifications and all regulations of the DEP. The applicant
shall obtain all permits and approvals required by the Authority,
the public utility or the DEP.
C.
On-lot sewage disposal. If the applicant proposes installation of
on-lot sewage disposal and has presented documentation satisfactory
to the public sewer provider and the Planning Commission proving the
invisibility of connection to public or community sewer systems, the
following documentation shall be provided:
(1)
Sewage testing required for all proposed lots. Each lot or lot to
be created shall contain a suitable location for the installation
of an initial individual on-lot sewage system except when such lots
or lots to be created are to be served by a community sewage system.
The Sewage Enforcement Officer shall perform or observe all tests
required by the DEP and this chapter for the location of an individual
on-lot sewage system to confirm the suitability of the location.
(2)
Replacement location for on-lot sewage systems required. A replacement
location shall be provided which shall comply with all regulations
issued by the DEP concerning individual on-lot sewage systems, including
isolation distances, and with the terms of this chapter and any other
applicable Township ordinances.
(3)
Identification of replacement location.
(a)
Each applicant shall demonstrate to the satisfaction of the
Sewage Enforcement Officer and/or a sanitarian certified by the DEP
that an area exists on the lot or on each lot to be created for an
initial individual on-lot sewage system and for the replacement location.
The Sewage Enforcement Officer or sanitarian shall perform all tests
required by DEP regulations for the location of an individual on-lot
sewage system to confirm the suitability of the replacement location.
Allowance of open land for the replacement location without such testing
shall not constitute compliance with the requirements of this section.
(b)
The location of each initial individual on-lot sewage system
and each replacement location shall be notated upon the plans, and
the purchaser of each lot shall be provided with a copy of the plans.
A note shall be added to the plans stating that no improvements shall
be constructed upon the replacement location, and the deed to each
lot created as a part of the subdivision or land development shall
contain language reflecting this limitation.
(c)
Any revisions to a permit or plan affecting a replacement location
which previously has been approved pursuant to the provisions of this
chapter shall be approved by the Planning Commission or its authorized
representative.
(4)
Construction of improvements upon or disturbance of replacement location
prohibited. The replacement location shall not be excavated, graded,
filled or otherwise disturbed in any manner which would prevent its
use as a future location for an on-lot sewage disposal system during
development of the lot. No permanent or temporary improvements of
any character other than the planting of trees, shrubs or other plant
matter shall be constructed upon the replacement location unless the
person who desires to construct such improvements shall demonstrate
to the satisfaction of the Sewage Enforcement Officer that an alternate
replacement location which complies with all applicable Township ordinances
exists upon the lot. If such an alternate replacement location shall
be identified, the alternate replacement location may be considered
to be the replacement location required by this chapter and shall
be designated as the replacement location, and the plans shall be
accordingly revised and submitted to the Planning Commission. The
newly designated replacement location shall thereafter be considered
the replacement location for the purposes of this chapter.
A.
Legislative intent. All residential subdivisions or land development
plans submitted after the effective date of this chapter shall provide
for suitable and adequate recreation in order to:
(1)
Ensure adequate recreational areas and facilities to serve the future
residents of the Township.
(2)
Maintain compliance with recreation, park and open space standards,
as developed by the National Recreation and Park Association.
(3)
Reduce increasing usage pressure on existing recreational areas and
facilities.
(4)
Comply with the Comprehensive Park and Open Space Plan for Mount
Joy Township with regard to size and distribution of recreation areas.
(5)
Allow for acquisition and development of additional recreation areas
as outlined by the Comprehensive Park and Open Space Plan.
(6)
Ensure that all present and future residents have the opportunity
to engage in many and varied leisure pursuits.
(7)
Reduce the possibility of the Township becoming overburdened with
the development and maintenance of many very small, randomly planned
and widely separated recreation areas.
(8)
Protect sensitive areas and facilities of significant historical,
cultural, aesthetics or environmental value.
(9)
Provide for the opportunity of combining small plots of dedicated
land from several subdivisions into larger, more usable tracts.
B.
Exempted subdivisions. The provisions of this section shall apply
only to residential subdivisions or land developments. The following
residential subdivisions or land developments are exempted from the
requirements of this section:
C.
Land requirements for proposed recreation areas. The amount of land
required to be provided for recreational purposes for residential
subdivisions or land development plans not exempted from the provisions
of this section shall be as follows:
(1)
The minimum lot area which shall be dedicated shall be 0.054 acre
per lot or dwelling unit.
(2)
Such land set aside shall be suitable to serve the purpose of active
and/or passive recreation by reason of its size, shape, location and
topography and shall be subject to the approval of the Planning Commission.
The Planning Commission shall request comments from the Park and Recreation
Board and the Board of Supervisors.
(3)
In no event will the amount of land to be dedicated for recreation
be less than the minimum lot size for the zoning district in which
the subdivision is located.
(4)
The developer may request that the Township not require the dedication of land, and any such request shall be accompanied by an offer to pay a fee in lieu of dedication of the land, computed in accordance with the regulations under Subsection H, an offer to construct recreation facilities and/or an offer to privately reserve land for park or recreation purposes.
D.
Criteria for proposed recreation areas. Whether publicly dedicated
or privately reserved, proposed recreation areas shall:
(1)
Be easily and safely accessible from all areas of the development
to be served, have good ingress and egress and have direct access
to a public roadway. However, no public vehicular roadways shall traverse
the recreation area.
(2)
Be contiguous and regular in shape.
(3)
Have suitable topography and soil conditions for use and development
as a recreation area.
(4)
Have a minimum of 75% of the required area with a maximum slope of
7%.
(5)
Have a maximum of 25% of the required area be within floodplain or
wetland areas, as defined by the United States Department of Housing
and Urban Development Flood Insurance Rate Map, the United States
Army Corps of Engineers, the Township Engineer and/or the DEP.
(6)
Be easily accessible to all essential utilities contained within
the subdivision such as public water, power and sewer. However, no
utility easements or rights-of-way shall traverse the recreation area.
Stormwater management structures and facilities shall not be included
within any recreational or open space area.
(7)
Not contain any materials which would be termed "hazardous wastes"
under applicable state and federal statutes, not contain any petroleum
products and not contain any underground storage tanks or locations
from which underground storage tanks were removed.
(8)
Be suitable for development as a particular type of park, as categorized
by the National Recreation and Park Association's National Park,
Recreation and Open Space Standards and Guidelines, 1983, and updates.
(10)
Be compatible with the objectives, guidelines and recommendations
as set forth in the Township Comprehensive Park and Open Space Plan
and updates.
E.
Dedication of recreation to the Township. All recreation and open
space land required by this section shall be irrevocably dedicated
to the Township unless the Township shall waive such required dedication.
The recording of a subdivision or land development plan upon which
recreation and open space land is indicated shall constitute an offer
of dedication to the Township. The Board of Supervisors, in its sole
discretion, has the power to accept dedication of such land. The developer
shall present evidence of clear title to the recreation and open space
land and a deed of dedication which shall be in a form acceptable
to the Township Solicitor. The developer shall reimburse the Township
for all costs associated with the acceptance of dedication.
(1)
The developer may request that the Township waive the requirement
to dedicate land set forth herein. Any request for such a waiver shall
include whether the developer proposes to privately reserve such recreation
and open space land or proposes payment of a fee in lieu of land dedication
or proposes to dedicate a portion of the required recreation and open
space land and in lieu of the remaining portion make improvements
to the dedicated land in accordance with Appendix No. 19[2] of this chapter.
[2]
Editor's Note: Appendix No. 19 is included at the end of this
chapter.
(2)
All approved recreation areas shall be completed and dedicated or
reserved before fifty-percent occupancy has been reached in any applicable
subdivision. The Township may avail itself of all remedies provided
by the Municipalities Planning Code, including but not limited to
the withholding of permits, to ensure compliance with this provision.
F.
Private reservation of land. The developer may request a waiver from
the mandatory dedication requirement imposed by this section to permit
the recreation and open space land to be privately reserved. A written
agreement between the developer and the Township, which specifies
the developer's obligations, must be executed prior to or concurrent
with final plat approval. Such agreement must be in a form and have
specific content that is acceptable to the Township Solicitor.
(1)
The agreement shall stipulate whether the developer, a homeowners'
association or a condominium unit owners' association shall be
responsible for construction and maintenance of the designated recreation
facilities; whether such private facilities will be available to nonresidents
of the development; and how the private reservation may be revoked
under a set of future circumstances.
(2)
If such lands and facilities are to become common elements of a homeowners' or unit owners' association of any type, then such association's organizational bylaws must conform to the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. Such documentation shall be recorded, shall provide that the land cannot be further developed for other than recreation purposes and shall give the Township the rights to maintain the land as set forth in Article VII of the Municipalities Planning Code dealing with the maintenance of common open space maintenance in planned residential developments.
(3)
The deed of conveyance of such recreation areas shall contain a restrictive
covenant limiting such land and improvements to the common use of
the property owners within the development for the purposes initially
approved by the Township. Said deed shall also contain a restriction
that said lands and improvements may not be sold or disposed of by
the association, except to another organization formed to own and
maintain said recreation areas, without first offering to dedicate
the land and improvements to the Township. Such covenants shall be
in a form acceptable to the Township Solicitor.
(4)
If acceptable to the Township, the recreation land may be transferred
to a not-for-profit corporation established for the conservation or
preservation of land or for providing recreational facilities. The
documents relating to the transfer of the land shall be in a form
acceptable to the Township Solicitor, shall be recorded and shall
provide that the land is permanently restricted from further development.
Arrangements acceptable to the Township shall be made for the maintenance
of the recreation land.
G.
Recreation facility development. Developers required to dedicate
land for recreation shall also be requested to develop the recreation
areas according to the National Park, Recreation and Open Space Standards
and Guidelines published by the National Recreation and Park Association
in 1983 and any succeeding updates or revisions.
(2)
In cases where the opportunity exists to combine dedicated recreation
area with another recreation area, either presently existing or planned,
any developers who have agreed to construct facilities shall be required
to escrow funds that will pay for later construction of facilities
on a combined recreation area according to the subdivisions'
percentage contribution to the ultimate combined recreation area.
The Township will then develop the combined recreation area with the
escrowed funds when all portions thereof have been deeded over to
the Township.
(3)
The actual size, number, placement and other specifications of recreation
facilities to be developed shall be recommended by the Park and Recreation
Board to the Planning Commission and Board of Supervisors after negotiations
with the developer(s).
(4)
Final subdivision and/or development plans shall indicate the location
and specifications of all recreation facilities to be constructed
and metes, bounds and acreage of the recreation area(s). An engineer's
estimate of the cost of development of the recreation area(s) shall
also be submitted by the developer for improvement guaranty purposes.
(5)
The developer who has agreed to construct facilities shall install,
as a minimum, the following recreation facilities, or the equivalent
if approved by the Township, on the land which has been set aside
for this purpose:
|
Dwelling Units
|
Play Areas
|
BB/VB1 Courts
|
Tennis Courts
|
Ball2 Diamonds
|
Pavilions
|
Soccer/FB3 Fields
|
|---|---|---|---|---|---|---|
|
24 or fewer
|
—
|
—
|
—
|
—
|
—
|
—
|
|
25 to 49
|
1
|
1
|
—
|
—
|
—
|
—
|
|
50 to 99
|
1
|
1
|
—
|
—
|
1
|
—
|
|
100 to 199
|
2
|
2
|
1
|
1
|
1
|
—
|
|
200 to 299
|
2
|
2
|
2
|
1
|
1
|
1
|
|
399 to 399
|
2
|
2
|
2
|
2
|
2
|
1
|
|
400 and over
|
3
|
2
|
2
|
2
|
2
|
2
|
|
NOTES:
| |
|---|---|
|
The mix of facilities shall be determined by the Township.
| |
|
1
|
Basketball and/or volleyball court.
|
|
2
|
Softball and/or baseball diamond.
|
|
3
|
Soccer and/or football field.
|
(6)
Designs of recreation areas shall be reviewed by the Park and Recreation
Board and shall conform to the specifications outlined in Appendix
No. 19, Recreations Facility Standards.[4] This appendix will change along with changes in equipment
technology and construction practices and methods.
[4]
Editor's Note: Appendix No. 19 is included at the end of this
chapter.
H.
Fee in lieu of dedication. When requested by the applicant, the Township
may accept a fee in lieu of dedication. The applicant shall pay the
total amount of the fee prior to the recording of the final plan,
and the final plan shall not be executed until the fee in lieu of
dedication is paid. The Township will hold such funds in accordance
with the requirement of the Municipalities Planning Code. If the applicant
chooses to record final plans for an approved preliminary plan in
phases, the applicant shall pay the fee in lieu of dedication applicable
to the number of dwelling units in each phase prior to the release
of the final plan for such phase for recording.
(1)
The amount of a fee-in-lieu payment shall be the fair market value of the land required to be dedicated under Subsection C above. The developer shall provide the Planning Commission with all information necessary to determine the fair market value of the land, including but not limited to a copy of the agreement of sale or real estate transfer tax affidavit of value if the developer is the equitable owner or has purchased the land within the past two years or an appraisal of the property by an MAI appraiser acceptable to the Township. Fair market value shall be computed by dividing the total price for the tract by the number of acres within the tract and then multiplying that number by the amount of land required to be dedicated.
(2)
Any developer who feels aggrieved by the price established by the
Township shall have the right to secure a second appraisal of the
property by a MAI appraiser acceptable to the Township. The two prices
shall be averaged, with the result being the amount being what the
developer shall be required to pay.
I.
Fee-in-lieu funds disposition. Moneys received from developers shall
be placed in a capital reserve fund. Funds may be spent for recreational
facility acquisition and/or development in the district from which
such funds were generated or may be spent for the acquisition and
development of a community park or other centralized recreation facility
designed to serve all Township residents.
(1)
Fee-in-lieu funds and accrued interest thereon not used by the Township
within three years may be refunded to the payee only upon his or her
written request. The date of payment of the fee-in-lieu funds shall
be considered to be the date upon which the last fee for a particular
development represented by a single preliminary plan has been paid,
and the three-year period shall not commence until the entire fee
in lieu of dedication for a development has been paid.
(2)
Funds escrowed for facility development on dedicated land are not
subject to the three-year limitation on use when additional, adjacent
dedicated lands are projected within a reasonable time period.
J.
Recreation planning districts. Three recreation planning districts
shall be established in accordance with provisions established in
the Comprehensive Park and Recreation Plan. Such recreation planning
districts are set forth on the map which is set forth in Appendix
No. 20.[5]
[5]
Editor's Note: Appendix No. 20 is included at the end of this
chapter.
A.
The applicant or landowner shall be responsible for construction of any trail shown on the Township Official Map, Comprehensive Plan or Parks and Open Space Plan. The Planning Commission may require, as a condition of final plan approval, the dedication and improvements of new trail construction or connections to existing trail facilities. The area of land that the trails cover may be credited towards the amount of mandatory land that is to be dedicated to the Township under § 119-61, provided the trails are intended for public use.
B.
If the trail is intended to provide both pedestrian and bicycle travel,
the minimum width shall be 10 feet. If the trail is constructed to
provide bicycle travel and is constructed separately and parallel
to a concrete sidewalk, the minimum width of the trail shall be six
feet.
C.
All trails shall be constructed in accordance with the American Association
of State Highway and Transportation Officials (AASHTO) guidelines
for bicycle and pedestrian paths. All trails shall also be constructed
in accordance with the Americans with Disabilities Act (ADA).
D.
Pedestrian easements that are a minimum of 10 feet wide are required
for trails. A plan note indicating such easements must be five feet
on either side of the center line of the trail as constructed shall
be placed on the cover sheet or other plan sheet that is to be recorded.
An applicant shall be responsible for providing a legal description
of said easement prior to the release of a final plan for recording.
E.
Encroachments into the trail shall not result in less than a four-foot-wide
minimum clearance width from any obstacles.
F.
Marked crosswalks shall be provided within the vehicular travel ways
intersecting with trails.
G.
When a subdivision or land development is traversed by or abuts an
existing public trail customarily used by pedestrians, the applicant
shall make provision for the continued recreational use of the trail,
subject to alterations of the course of the trail within the boundaries
of the development under the following conditions:
