[Added 2-2-1999 by Ord. No. 5-98[1]]
Certain physical developments are classified
as land developments in the Pennsylvania Municipalities Planning Code,
Act 247,[1] and as such are subject to regulation. The design and
construction standards as found elsewhere in this chapter are applicable
to land development, as such standards may be appropriate. It shall
be unlawful for an applicant to construct land developments as defined
herein until:
A.
The final site plan has been approved by the Township
and recorded as required by this chapter.
B.
Valid permits from the Pennsylvania Department of
Environmental Protection, where applicable, have been approved for
issue to the applicant.
C.
A valid occupancy permit has been secured from the
Township or from the Pennsylvania Department of Transportation for
highway right-of-way occupancy for the purpose of constructing access
facilities.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
In processing a land development, the three-stage procedure established in Article III of this chapter shall be followed. For land developments, a preliminary site plan shall be required unless determined by the Planning Commission to be exempted. The land development processing requirements, drawing size, certifications, acknowledgments, number of copies, etc., for submission of site plans shall be the same as established in Article III unless otherwise noted in this article.
C.
The final site plan shall be recorded in the Erie
County Recorder's office.
The developer shall submit a site plan. Such
plan shall be at a scale which may range from one inch equals 10 feet
to one inch equals 50 feet, at ten-foot increments. Each site plan
submission shall, through one or more pages, show and include:
C.
Off-site conditions which are intended to show the
land development in relationship to surrounding properties, land uses
and facilities. Information will include land within 200 feet of the
proposed development and will include topographic contours, building
location, ownership, land use, location of vehicular entrances, including
those across the street from the site, and vehicular facilities and
circulation, as well as related information.
D.
Proposed development and improvements to be installed
on the site or connecting to off-site services, including but not
limited to buildings (with frontal elevation and plan views), number
of floors, dwelling units indicating the number of bedrooms in each
and/or rentable commercial floor area; access from adjacent road(s);
internal vehicular driveways; parking areas, with each parking space
shown; pedestrian access and walkways, if any; grading and drainage
needed to accommodate the development; landscaping; lighting; and
utility lines and sizes.
E.
Cross sections through access drives and parking areas,
showing slopes and materials and dimensions to be used; and through
areas of significant grading, showing means of draining the sloped
surfaces.
F.
Profiles along center lines of sanitary and storm
sewers or drainage swales, showing connection to off-site systems,
and profiles along center lines of access drives, showing elevations
of the surface before and after development.
G.
Proposed ultimate development of the property in preliminary
form, showing phasing of development if the plan presented is for
only a part of the total land holding.
I.
A traffic impact study in accordance with § 119-34C(3).
A.
Vehicular access. Vehicular access connections to the surrounding existing street network shall be safe, shall have adequate sight distances and shall have the capacity to handle the projected traffic in accordance with § 119-34C(11) of this chapter.
B.
Traffic, parking and pedestrian plan. A traffic, parking and pedestrian circulation plan shall be submitted alone, with estimated traffic flows. The developer shall demonstrate that the proposed parking/access layout is adequate for the proposed development and is in conformance with Chapter 150, Zoning, and that the pedestrian circulation plan provides for safe and efficient movement of people within and through the site. In reviewing the parking/access plan, the Township shall use for reference standard site planning books and guides such as published by the American Planning Association of the Institute for Traffic Engineers.
C.
Landscape plan. A complete landscape plan shall be
submitted by all developers that includes a complete interior landscape
plan, in addition to a landscaped transition to adjoining properties.
Landscape treatment shall be provided to enhance architectural features,
strengthen vistas and important axis, provide shade, buffering or
screening between noncompatible land uses and to protect, preserve
and promote the aesthetic appearance, character and value of the development,
and to preserve areas of natural value.
(1)
Preservation of existing trees and significant vegetation.
(a)
Any existing landscape feature, such as an historical
tree, a grove of unique trees or shrubs and endangered species of
plants, shall not be destroyed, removed, filled around or disturbed
in any way without prior approval of the land development. The landscape
plan portion of the site plan shall clearly show and define such landscape
features.
(b)
It is encouraged that efforts be made to preserve
wooded areas. Consideration shall be given to laying out streets,
drives, structures and parking areas to avoid the unnecessary destruction
of heavily wooded areas or outstanding tree specimens.
(2)
Landscape area. Landscaping shall be provided adjacent
to building entrance areas, exit areas to the site, within vehicular
parking areas and on the perimeter of the property. A primary landscape
area or greenbelt shall consist of the first 20 feet of lot depth
(or width and depth in the case of corner lots), measured from the
front line or road right-of-way, whichever of the two is the greater
distance measured from the center line of any abutting street. The
primary landscape area or greenbelt and the landscape area may include
shrubs, groundcover, annual and perennial beds, lawn areas, ornamental
and shade tree plantings, plantings for visual screening, fountains,
pools and other water arrangements. Landscape areas shall compromise
a minimum of 10% of the developed site area of the building structure,
utilities, parking lot, driveways or any other developed area. Any
sidewalk located within the primary landscape area or greenbelt shall
increase the width of the greenbelt by said sidewalk at its widest
point.
[Amended 10-3-2000 by Ord. No. 13-00; 12-3-2002 by Ord. No. 12-02]
(3)
Screening. Screening may be a hedge, fence, wall,
planted earth mounding, evergreen planting or a combination of any
of the above with other plantings. Screening shall be an immediate
effect. Screening may be a combination of structures and plantings
approved by the Township and the property owner or owners affected.
(4)
Plantings. All trees, plants and shrubs shall be varieties
that are adaptable to the local soil and climate condition and which
blend with existing natural growth and shall be compatible with adjacent
landscaped areas.
(a)
One street tree (maple, oak, honey locust, etc.)
shall be in place or planted for each 50 feet of property abutting
a public right-of-way. Trees shall be in place or planted adjacent
to or outside of the road right-of-way.
(b)
One small flowering tree (dogwood, crabapple,
hawthorn, etc.) or tall deciduous tree (maple, oak, honey locust,
etc.) shall be in place or planted for each 100 feet of building perimeter.
These trees shall be located in the landscaped areas of the site.
(c)
One small flowering or tall deciduous tree per
each 12 parking spaces shall be in place or planted in parking areas.
(d)
The use of shrubs, additional trees (evergreens,
deciduous and small flowering), annuals, perennials, spring-flowering
bulbs and ground covers shall be at the owner's option.
(f)
The owner may elect to treat portions of the
site as natural landscaping by encouraging the growth of native plants.
Plants which can become a nuisance (Japanese honeysuckle, multiflora
rose, autumn olive, etc.) shall not be planted or maintained on the
site unless as part of a designated wetlands.
(g)
Landscaping devices shall not obscure the vehicular
sight distances in a manner that may create a traffic hazard, nor
should they obstruct fire access.
(5)
Alternative plan. An alternative landscape plan may be submitted by the developer in lieu of the placement and quantity specifications of Subsection C(4). The alternative plan must be in keeping with Subsection C(1), (2), (3) and (6) and the intent of Subsection C(4). An alternative plan must receive acceptance by the Planning Commission prior to the Commission recommending approval to the Township Council.
(6)
Maintenance and installation. All landscaping materials
shall be installed in a sound manner and according to accepted, good
construction and planting procedures. The owner of the property shall
be responsible for the continued proper maintenance of all landscaping
materials and shall keep them in proper, neat and orderly appearance,
free from refuse and debris at all times. All unhealthy or dead plant
material shall be replaced within two months or by the next planting
period, whichever comes first. Violation of these installation and
maintenance provisions shall be grounds for the Zoning Officer to
refuse a building occupancy permit or to institute legal proceedings.
D.
Exterior lighting. Adequate lights shall be provided
to illuminate streets, driveways, walkways and parking lots for the
safe movement of vehicles and pedestrians at night. Exterior lighting
shall be of a design and size compatible with adjacent areas and in
accordance with the standards of the Illuminating Engineering Society
of America. At a minimum, street lights shall be located at all intersections,
at all horizontal curves of 145º or less, all vertical curves
in excess of 12%, where necessary to provide for safe pedestrian travel,
and at all other locations necessary for the health and safety of
the general public and designed to the standards of the Illuminating
Engineering Society of America. As with all utility installation,
the cost of installation will be borne by the developer.
[Added 7-2-2002 by Ord. No. 4-02]
The standards for resource conservation, as
set forth in this section, shall apply to all major subdivision and
land developments in the Township. The standards for greenway delineation
shall apply to all subdivision and land developments within the optional
Conservation Design (CD-1) Overlay District.
A.
General standards to minimize adverse impacts. All
subdivisions and land developments shall avoid or minimize adverse
impacts on the Township's natural, cultural and historic resources,
as defined below.
B.
Groundwater resources.
(1)
This section is intended to ensure that the
Township's limited groundwater resources are protected for purposes
of providing water supplies for its residents and businesses and to
protect the base flow of the Township's surface waters. These regulations
shall be applied in conjunction with those provided for in other sections
of this chapter dealing with groundwater conservation and replenishment.
(2)
The proposed subdivision and land development
of any tract shall be designed to cause the least practicable disturbance
to natural infiltration and percolation of precipitation to the groundwater
table through careful planning of vegetation and land disturbance
activities and the placement of streets, buildings and other impervious
surfaces in locations other than those identified on the existing
resources and site analysis plan as having the greatest permeability
where precipitation is most likely to infiltrate and recharge the
groundwater.
(3)
The proposed subdivision and land development
shall be designed in accordance with the general provisions of the
Washington Township Wellhead Protection Plan.
C.
Stream valleys, swales, springs, and other lowland
areas. The Township's Comprehensive Plan describes and maps watercourses
(which include stream channels and floodplains), wetlands, lakes,
and other lowland areas as natural resource areas that warrant preservation
and protection.
(1)
The following activities shall be minimized:
(a)
Disturbance to streams and drainage swales.
(b)
Disturbance to year-round wetlands, areas with
seasonally high water tables, and areas of surface water concentration.
(c)
Because of their extreme limitations, stream
valleys and other lowland areas warrant designation as greenway lands.
They may also require adjoining buffer lands to be included in the
greenway, to be determined by an analysis of the protection requirements
of such areas on a case-by-case basis. In certain instances, seasonal
high water table soils may be excluded from the greenway where it
can be demonstrated that they are suitable for low-density residential
uses and conventional on-site sewage systems.
D.
Woodlands. Woodlands occur extensively throughout
the Township, often in association with stream valleys and wet areas,
poor and erodible agricultural soils, and moderate to steep slopes.
(1)
Woodland conditions within the Township vary
with respect to species composition, age, stocking, and health. They
range from relatively recent post-agricultural young stands to mature
mixed-age forests. Most woodlands in the Township represent one or
more of the following resource values:
(a)
As soil stabilizers, particularly on moderate
to steep slopes, thereby controlling erosion into nearby streams,
ponds, impoundments, and roads. A closely related function is their
enhancement of groundwater recharge.
(b)
As a means of ameliorating harsh microclimatic
conditions, in both summer and winter.
(c)
As a source of wood products, i.e., poles, sawtimber,
veneer and firewood.
(d)
As habitats for woodland birds, mammals and
other wildlife.
(e)
As recreation resources for walkers, equestrians,
picnickers, and other related outdoor activities.
(f)
As visual buffers between areas of development
and adjacent roads and properties.
(2)
Because of their resource values, all woodlands
on any tract proposed for subdivision or land development shall be
evaluated by the applicant to determine the extent to which such woodlands
should be designated partly or entirely as greenway or development
lands. Evaluation criteria shall include:
(a)
Configuration and size.
(b)
Present conditions, i.e., stocking, health,
and species composition.
(c)
Site potential, i.e., the site's capabilities
to support woodlands, based upon its topographic, soil and hydrologic
characteristics.
(d)
Ecological functions, i.e., in protecting steep
slopes, erodible soils, maintaining stream quality and providing for
wildlife habitats.
(e)
Relationship to woodlands on adjoining and nearby
properties and the potential for maintaining continuous woodland areas.
(3)
The evaluation of the tract's woodlands shall be undertaken by a forester, landscape architect, horticulturist, or another qualified professional acceptable to the Township. This evaluation shall be submitted as a report and made a part of the application for a preliminary plan. At a minimum, that report shall include one or more maps indicating boundaries and conditions of woodland areas accompanied by a report addressing the criteria in Subsection D(1) above.
(4)
In designing a subdivision and land development
plan for any tract, the applicant shall be guided by the following
standards:
(a)
Healthy woodlands exceeding one acre shall be
preserved and designated as greenway areas to the maximum extent possible.
Proposed site improvements shall be located, designed, and constructed
to minimize the loss or degradation of woodland areas.
(b)
Subdivisions shall be designed to preserve woodlands
along roadways, property lines and lines occurring within a site such
as streams, swales, stone fences and hedgerows. Such lines and the
native vegetation associated with them shall be preserved as buffers
between adjacent properties and between areas being subdivided within
a property. Preservation shall include ground, shrub, understory,
and canopy vegetation.
(c)
Disturbance or removal of woodlands occupying
environmentally sensitive areas shall be undertaken only when approved
by the Board and on a limited, selective basis to minimize the adverse
impacts of such actions. This shall include but not necessarily be
limited to vegetation performing important soil stabilizing functions
on wet soils, stream banks, and sloping lands.
(d)
No clearing or earth disturbance (except for
soil analysis for proposed sewage disposal systems) shall be permitted
on a site before the completion of subdivision and land development
agreements. The determination of sight distance clearances along roadways
shall be made graphically and not by clearing on site prior to final
plan approval.
E.
Upland rural-agricultural areas. These areas comprise
fields, pastures, meadows, and former agricultural areas in early
stages of woodlands succession, with fences, stone walls, tree copses
and hedgerows, typically bordered by stream valleys and upland woodlands.
These comprise the Township's historic working landscape, dotted with
historic houses, barns, and other structures. They give the Township
much of its rural character. They also contain the greatest concentration
of prime agricultural soils. Because of their openness and high visibility,
development in these areas is likely to be most readily seen and disruptive
to the historic landscape. They sometimes provide habitat for wildlife,
in conjunction with nearby woodlands and stream valleys. However,
it is recognized that these areas also frequently offer the fewest
constraints for development.
(1)
Several elements of these working landscapes
lend themselves to incorporation into the Township's greenway network.
These include prime agricultural soils and natural features, which
visually punctuate the landscape, such as hedgerows, tree copses,
stone walls, and visually prominent places such as knolls and hilltops.
(2)
These areas can also accommodate development,
with preferred locations being the nonprime agricultural soils and
lower topographic settings where development will be visually less
obtrusive. Compact clustered residential designs, with coordinated
architectural and landscape architectural themes, are encouraged in
highly visible locations where future development cannot be avoided
(such as at the far edge of open fields).
F.
Slopes. Moderately sloping lands (15% to 25%) and
steeply sloping lands (over 25%) are prone to severe erosion if disturbed.
Erosion and the resulting overland flow of soil sediments into streams,
ponds and public roads are detrimental to water quality and aquatic
life and a potential hazard to public safety.
(1)
Areas of steep slope shall be preserved in accordance with § 150-21 of the Zoning Ordinance and as required below.
(2)
All grading and earthmoving on slopes exceeding
15% shall be minimized.
(3)
No site disturbance shall be allowed on slopes
exceeding 25% except grading for a portion of a driveway accessing
a single-family dwelling when it can be demonstrated that no other
routing, which avoids slopes exceeding 25%, is feasible.
(4)
On slopes of 15% to 25%, the only permitted
grading beyond the terms described above shall be in conjunction with
the siting of a single-family dwelling, its access driveway and the
septic system (which should typically be designed with a long, narrow
drainage field following the land contours).
(5)
Grading or earthmoving on all sloping lands
of 15% or greater shall not result in earth cuts or fills whose highest
vertical dimension exceeds six feet, except where in the judgment
of the Board no reasonable alternatives exist for construction of
roads, drainage structures and other public improvements, in which
case such vertical dimensions shall not exceed 12 feet. Roads and
driveways shall follow the line of existing topography to minimize
the required cut and fill. Finished slopes of all cuts and fills shall
be as required to minimize disturbance of natural grades.
G.
Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance, exist throughout the Township. Some of these features have been carefully documented, e.g., by the Pennsylvania Natural Diversity Inventory (PNDI), whereas for others, only their general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the Township's Comprehensive Plan or by the applicant's existing resources and site analysis plan (as required in § 119-10.1C) by incorporating them into proposed greenway areas or avoiding their disturbance in areas proposed for development.
H.
Historic structures and sites. The Township's documented
historical resources begin with the Seneca and Iroquois Native Americans
in the early 18th century and extend through its colonial agricultural,
residential and industrial development in the late 18th and 19th centuries.
Many of the Township's historic structures and sites have been extensively
researched and remain intact. The Township's extensive historic records
are maintained by the Pennsylvania Historical and Museum Commission,
the Local Historical Society, and/or the Township.
(1)
Plans requiring subdivision and land development
approval shall be designed to protect existing historic resources
of all classes. The protection of an existing historic resource shall
include the conservation of the landscape immediately associated with
and significant to that resource to preserve its historic context.
Where, in the opinion of the Township Council, a plan will have an
impact upon an historic resource, the developer shall mitigate that
impact to the satisfaction of the Township Council by modifying the
design, relocating proposed lot lines, providing landscape buffers,
or other approved means.
(2)
Township participation, review and approval
of the applicant's interaction with the State Historical and Museum
Commission with regard to the preservation of historic resources,
as required for DEP approval of proposed sewage disposal systems,
shall be required prior to detailed final plan approval.
I.
Historic rural road corridors and scenic viewsheds.
Historic rural roads are located in various parts of the Township.
All applications for subdivision and land development shall attempt
to preserve the scenic visual corridors along such roads by incorporating
them into greenway areas or otherwise providing for building setbacks
and architectural designs to minimize their intrusion. In instances
where such designs fail to satisfactorily protect corridors, applicants
will be required to provide naturalistic landscape buffers to minimize
their adverse visual impacts. The species specified for such buffers
shall be selected on the basis of an inventory of tree and shrub species
found in existing hedgerows and along wooded roadside edges in the
vicinity of the development proposal.
J.
Trails.
(1)
When a subdivision or land development proposal
is traversed by or abuts an existing trail customarily used by pedestrians
and/or equestrians, the Township may require the applicant to make
provisions for continued recreational use of the trail.
(2)
The applicant may alter the course of the trail
within the tract for which development is proposed under the following
conditions:
(a)
The points at which the trail enters and exits
the tract remain unchanged.
(b)
The proposed alteration exhibits quality trail
design according to generally accepted principles of landscape architecture
(for example: Bureau of State Parks publication "Non-Motorized Trails").
(c)
The proposed alteration does not coincide with
a paved road intended for use by motorized vehicles.
(3)
When trails are intended for public or private
use, they shall be protected by a permanent conservation easement
on the properties on which they are located. The width of the protected
area in which the trail is located should be a minimum of ten feet.
The language of the conservation easement shall be to the satisfaction
of the Township upon recommendation of the Township Solicitor.
(4)
The land area permanently designated for trails for public use may be credited toward the greenway land requirement described in § 150-21E of the Zoning Ordinance.
(5)
An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the open space requirement described in § 150-21E of the Zoning Ordinance.
(6)
Trail improvements shall demonstrate adherence
to principles of quality trail design.
(7)
Trails shall have a vertical clearance of no
less than 10 feet.
(8)
Width of the trail surface may vary depending
upon type of use to be accommodated, but in no case shall be less
than three feet or greater than six feet.
(9)
No trail shall be designed with the intent to
accommodate motorized vehicles.
[Added 7-2-2002 by Ord. No. 4-02]
A.
Resource inventory and analysis. The tract's resources shall be delineated on an existing resources and site analysis plan, as required in § 119-14.1C(2).
B.
Four-step design process. Following the resource inventory and analysis, all residential subdivisions with greenway lands shall generally follow a four-step design process as described below. Applicants will be required to document the design process as described in § 119-14.1C(3).
(1)
Step 1: Delineation of greenway lands and development
areas. Greenway lands and development areas shall be delineated according
to the following procedure, as illustrated below, using as an example
a hypothetical fifty-acre subdivision parcel.
|
Total tract area
|
50 acres
| ||
|
Adjusted tract area (ATA)
|
40 acres
| ||
|
Minimum greenway requirements:
| |||
|
Constrained land
|
10 acres
| ||
|
Add
| |||
|
Secondary conservation areas (50% of ATA)
|
20 acres
| ||
|
Total
|
30 acres
| ||
|
Development area (50% of ATA)
|
20 acres
| ||
(a)
All lands deducted from the gross tract to determine
adjusted tract area shall be delineated in their entirety as "constrained
land," comprising 10 acres in the illustration.
(b)
Additional minimum acreage requirements for greenway areas consist of secondary conservation areas to be calculated on the basis of the standards in § 150-21E of the Zoning Ordinance. In the example, a minimum of 50% of the adjusted tract area (or 20 acres) must be Class B greenway lands.
(c)
Total greenway area requirements are the sum
of constrained land and secondary conservation areas which, in the
example, comprise 30 acres. All primary conservation areas (floodplains,
wetlands, and slopes greater than 25%) shall be contained within the
greenway lands.
(d)
The locations and boundaries of primary conservation
areas shall follow the actual boundaries of floodplains, wetlands,
and slopes.
(e)
The locations and boundaries of secondary conservation areas shall be based upon the applicant's analysis of the tract's resource features, using the design standards in § 119-16.1. The applicant shall also be guided by any written recommendations provided by the Township regarding the delineation of secondary conservation areas lands, following the site inspection or the pre-sketch conference.
(f)
Development areas constitute the remaining lands
of the tract outside of the designated greenway areas, which in the
above example consist of 20 acres, where house sites, streets and
lots are to be delineated in accordance with Steps 2, 3 and 4 below.
(2)
Step 2: Location of house sites. Applicants
shall identify house site locations in the tract's designated development
areas designed to fit the tract's natural topography, served by adequate
water and sewerage facilities, and provide views of and access to
adjoining greenway areas (without encroaching upon them in a manner
visually intrusive to users of such areas). House sites should be
located no closer than 100 feet and 50 feet from primary and secondary
conservation areas, respectively.
(3)
Step 3: Alignment of streets and trails.
(a)
With house site locations identified, applicants
shall delineate a street system to provide vehicular access to each
house in a manner conforming to the tract's natural topography and
providing for a safe pattern of circulation and ingress and egress
to and from the tract.
(b)
Streets shall avoid or at least minimize adverse
impacts on the greenway areas. To the greatest extent practicable,
wetland crossings and new streets or driveways traversing slopes over
15% shall be avoided.
(c)
Street connections shall generally be encouraged
to minimize the number of new culs-de-sac to be maintained by the
Township and to facilitate easy access to and from homes in different
parts of the tract (and on adjoining parcels).
(d)
A tentative network of trails shall also be
shown, connecting streets with various natural and cultural features
in the conserved greenway lands. Potential trail connections to adjacent
parcels shall also be shown in areas where a Township trail network
is envisioned.
(4)
Step 4: Design of lot lines. Lot lines for the
subdivision should be drawn as the last step in the design procedure.
They should follow the configuration of house sites and streets in
a logical and flexible manner.
[Added 7-2-2002 by Ord. No. 4-02]
A.
Prioritized list of resources to be conserved. The design of greenway lands in any subdivision or land development plan shall reflect the standards set forth in § 119-26.1, resources identified in the Comprehensive Plan and, to the fullest extent possible, incorporate any of the following resources if they occur on the tract.
(1)
High priority.
(a)
Stream channels, floodplains, wet soils, swales,
springs and other lowland areas, including adjacent buffer areas,
which may be required to insure their protection.
(b)
Significant natural areas of species listed
as endangered, threatened, or of special concern, such as those listed
in the Statewide Natural Diversity Inventory.
(c)
Moderate to steep slopes, particularly those
adjoining watercourses and ponds, where disturbance and resulting
soil erosion and sedimentation could be detrimental to water quality.
(2)
Secondary priority.
(a)
Healthy woodlands, particularly those performing
important ecological functions such as soil stabilization and protection
of streams, wetlands, and wildlife habitats.
(b)
Areas where precipitation is most likely to
recharge local groundwater resources because of topographic and soil
conditions affording high rates of infiltration and percolation.
(c)
Hedgerows, groups of trees, large individual
trees of botanic significance, and other vegetation features representing
the site's rural past.
(d)
Class I, II and III agricultural soils as defined
by the USDA Natural Resource Conservation Service.
(e)
Historic structures and sites.
(f)
Visually prominent topographic features such
as knolls, hilltops and ridges and scenic viewsheds as seen from public
roads (particularly those with historic features).
(g)
Existing trails connecting the tract to other
locations in the Township.
B.
Other design considerations. The configuration of
proposed greenway lands set aside for common use in residential subdivisions
shall comply with the following standards:
(1)
They shall be free of all structures except
historic buildings, stonewalls, and structures related to greenway
uses. The Township Council may grant approval of structures and improvements
required for storm drainage, sewage treatment and water supply within
the greenway, provided that such facilities would not be detrimental
to the greenway (and that the acreage of lands required for such uses
is not credited towards minimum greenway acreage requirements for
the tract, unless the land they occupy is appropriate for passive
recreational use).
(2)
They shall generally not include parcels smaller
than three acres, have a length-to-width ratio of less than 4:1, or
be less than 75 feet in width, except for such lands specifically
designed as neighborhood greens, playing fields or trail links.
(3)
They shall be directly accessible to the largest
practicable number of lots within the subdivision. Nonadjoining lots
shall be provided with safe and convenient pedestrian access to greenway
land.
(4)
They shall be suitable for active recreational
uses to the extent deemed necessary by the Township Council without
interfering with adjacent dwelling units, parking, driveways, and
roads.
(5)
They shall be interconnected wherever possible
to provide a continuous network of greenway lands within and adjoining
the subdivision.
(6)
They shall provide buffers to adjoining parks,
preserves or other protected lands.
(7)
Except in those cases where part of the greenway
is located within private house lots, they shall provide for pedestrian
pathways for use by the residents of the subdivision. Consideration
shall be given to providing for public access on such trails if they
are linked to other publicly accessible pathway systems within the
Township. Provisions should be made for access to the greenway lands
as required for land management and emergency purposes.
(8)
They shall be undivided by public or private
streets, except where necessary for proper traffic circulation.
(9)
They shall be suitably landscaped either by
retaining existing natural cover and wooded areas and/or according
to a landscaping plan to protect greenway resources.
(10)
They shall be made subject to such agreement
with the Township and such conservation easements duly recorded in
the office of the County Recorder of Deeds as may be required by the
Township Council for the purpose of preserving the common open space
for such uses.
(11)
They shall be consistent with the Township's
Comprehensive Plan.
[Added 7-2-2002 by Ord. No. 4-02]
A.
Land set-asides for public recreational use and the
fee-in-lieu alternative. The following standards shall apply to all
new major subdivisions whether or not they are located within the
optional Conservation Design (CD-1) Overlay District. All actions
by the Township Council under this section must also be consistent
with the provisions of the state enabling legislation.
(1)
Applicants for new residential developments
involving 10 or more dwelling units shall be required to set aside
5% of their gross tract acreage as undivided recreational land designated
for public usage. Such land shall be suitable for active and/or passive
recreation, with at least half the land suitable for active sports,
where the Township Council requires such facilities.
(2)
In lieu of a set-aside for public usage, two
alternatives exist for the applicant proposing subdivision involving
10 or more dwellings:
(a)
The applicant may offer a set aside limited
to recreational usage by the residents of the proposed subdivision.
If land is set aside in this manner for private recreational use,
it shall also be permanently protected through a conservation easement
enforceable by the Township and/or a land trust prohibiting future
nonrecreational (or commercial recreational) uses.
(b)
The applicant may offer to pay a fee to the
Township in lieu of any recreational land set-aside. Situations in
which it would be appropriate for the Township to accept such offers
include cases where the land would not provide a particular public
benefit because of its small size or location. Exceptions to this
rule, where public use of relatively small land areas would still
be appropriate, include situations in which the land could be used
to buffer or extend public parks or public school grounds or could
provide potential linkage in a future Township trail network.
(c)
The decision whether to accept a fee-in-lieu
offer by the applicant shall lie with the Township Council, which
shall also establish the amount of the fee-in-lieu, based upon the
Township's estimated cost of acquiring land that is similar in area
and attributes which would better serve public recreational needs.
In appraising alternative sites, the Township shall be guided by the
site selection criteria contained in its Comprehensive Plan. Such
estimates shall be based on discussions with real estate brokers or
appraisers familiar with land values in the locality. All such fees
collected shall be deposited in an interest-bearing account earmarked
for recreational land or facility provision by the Township, and the
applicant shall be informed of the use to which the fee will be put.
Alternatively, the Township Council may establish a flat fee (based
on discussions with real estate brokers or appraisers familiar with
land values in the area) for general use with subdivision applicants.
(3)
In Option 3 and 4 subdivisions involving fewer
than five dwelling units where, in the judgment of the Township Council,
there would be no particular public benefit accruing from a public
dedication (as described above) or from a set-aside for shared private
recreational usage among the subdivision lot owners, the applicant
may offer to place a conservation easement on certain areas of land
within individual house lots where certain environmentally sensitive
features are present without conferring common access rights or privileges
for the subdivision residents or the broader public. The percentage
of land that is thus protected shall generally be not less than 20%
of the gross land area of the subdivision. This land may be access-restricted
not only from the public but also from other residents in the subdivision.
(4)
In Option 1 and 2 subdivisions with fewer than
10 dwelling units, where there would be no particular benefit accruing
from a public dedication (as described above), the recreational land
that is part of the requirement for undivided open space shall be
designated for private shared recreational usage among the subdivision
lot owners.
[Added 7-2-2002 by Ord. No. 4-02]
A.
Conservation practices during site preparation and
clean up.
(1)
Protection of vegetation from mechanical injury.
Where earthwork, grading, or construction activities will take place
in or adjacent to woodlands, old fields or other significant vegetation
or site features, the Township may require that the limit of disturbance
be delineated and vegetation protected through installation of temporary
fencing or other approved measures. Such fencing shall be installed
prior to commencing of and shall be maintained throughout the period
of construction activity.
(2)
Protection of vegetation from grading change.
Grade changes to occur at any location of the property shall not result
in an alteration to soil or drainage conditions which would adversely
affect existing vegetation to be retained following site disturbance
unless adequate provisions are made to protect such vegetation and
its root systems.
(3)
Protection of vegetation from excavations.
(4)
Protection of topsoil.
(a)
No topsoil shall be removed from the site.
(b)
Prior to grading operations or excavation, topsoil
in the area to be disturbed shall be removed and stored on site.
(c)
Topsoil removed shall be redistributed and stabilized
as quickly as possible following the establishment of required grades
for a project or project phase. All exposed earth surfaces shall be
stabilized by hydroseeding on slopes of less than 10% and by sodding,
hydroseeding, or rip-rap on slopes exceeding 10%.
(d)
Grading and earthmoving operations shall be
scheduled to minimize site disturbance during the period from November
1 to April 1, when revegetation of exposed ground is difficult.
A.
Dedication of improvements. Improvements such as drives, parking areas and stormwater management facilities which are to be privately owned and maintained do not need to be dedicated to or accepted by the Township. However, if the developer proposes and the Township agrees that certain on-site improvements should be dedicated to the Township, the provisions for such dedication and acceptance shall follow Article IV of this chapter. Where improvements consist of public streets, dedication shall be required. Where a developer has proposed improvements on the site plan that are approved by the Township, the developer shall make such improvements as indicated on the plan. Where the developer fails to make or satisfactorily complete such improvements, then the developer shall be considered in violation of this chapter and the actions for the enforcement of this chapter as set forth by Articles IV and X shall be instituted. In addition, all permits which the Township issues (building, zoning, occupancy, etc.) shall be held in abeyance until the developer successfully complies with the requirements of this chapter.
B.
Maintenance plan. Where the developer does not intend
to maintain the improvement and where a homeowners' association or
similar organization will not be organized for these responsibilities,
the developer will submit a plan for maintenance of such facilities.
This document will be legally enforceable, one clearly establishing
maintenance responsibility. It must be approved by the Township.
