Article IV Subdivision and Land Development Design Standards

Low-lying lands which are swampy or are subject to periodic flooding shall not be planned for development or designated for such other uses as may involve danger to health, safety, morals or the general welfare of the citizens unless adequate permanent drainage is provided, unless provision is made and indicated on the plan for adequate and healthful disposal of sanitary sewage and drainage of surface and subsurface water and any required permits are obtained.

Such lands unsuitable and not planned or used for building purposes and human habitation shall, in every case, be provided with adequate permanent drainage consistent with applicable regulations so that they shall not become a breeding place for insects nor otherwise be a danger to the health, safety, morals, or general welfare of the citizens.

Where the tract proposed for land development is underlain, in whole or in part, by carbonate geology as delineated on the Carbonate Area District Map within Chapter 325, Zoning, the applicant shall comply with Article XV of Chapter 325, Zoning.

The plans of proposed land developments shall be coordinated with existing and proposed adjacent development to provide for the harmonious development of the area as a whole.

§ 281-23 Street systems.

[Amended 12-8-2021 by Ord. No. 466]

Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Township, including recorded subdivision plans and the Official Map of the Township.

Proposed streets shall further conform to such Township, county and state road and highway plans as have been prepared, adopted and/or filed as prescribed by law.

Local streets shall be laid out as to discourage through traffic, but provision for street connections into and from adjacent areas will generally be required.

If lots resulting from a subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision shall be provided.

Where a land development abuts or contains an existing or proposed arterial or collector street, the Township may require dedication of additional right-of-way to provide the minimum right-of-way specified hereinafter as well as marginal access streets, rear service alleys, reverse frontage lots or such other facilities as will provide protection for abutting properties, reduction in the number of intersections with the arterial or collector street and separation of local and through traffic.

New half or partial streets shall not be permitted. Wherever land development is proposed for a tract that borders an existing half or partial street, the other part of the street shall be provided.

Continuations of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names for any existing streets in either the Township or in the same ZIP code. The Township shall have the right to reject street names for this or other reasons and shall also have the right to suggest acceptable alternate names. All street names shall be subject to approval by the Township, the Chester County Department of Emergency Services, and the U.S. Postal Service.

Where streets and other public improvements continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such design with both municipalities to avoid abrupt changes in cartway width or in improvements provided.

Reservations for future streets.

When reservations for future streets will adjoin lots to be developed prior to the construction of the streets, the subdivider shall determine the proposed grades of the future streets and the extent of the area necessary for the construction of those streets. If the area necessary for the construction of the streets extends beyond the proposed street right-of-way lines, all excavation and grading necessary for the roads beyond the right-of-way lines shall be done as required improvements in conjunction with the subdivision which contains the adjoining lots, or else construction easements shall be provided on the adjoining lots, sufficient to permit construction of the future street.

Where reservations for future streets intersect existing streets, radii shall be provided for the reservations such that the requirements of this chapter could be met for a street to be constructed in the future.

Improvements to streets.

Where a subdivision or land development fronts on and will provide for vehicular access to and from an existing road which does not meet the minimum width requirement of this chapter, the Board may require the subdivider to improve the road at his/her expense to meet those requirements. Pavement shall be constructed in accordance with the requirements of this chapter. In addition, provision shall be made for adequate stormwater drainage along the sides of the roads. Such drainage provisions shall be approved by the Board.

The Board may impose upon the subdivider additional improvements deemed necessary to accommodate impacts of the development.

Design elements and standards.

All design elements of all streets, including horizontal and vertical alignment, sight distance, and superelevation, are subject to review and approval by the Board. The design of all streets shall meet the standards of this chapter as well as the standards outlined in PennDOT Publication 13M, Design Manual, Part 2, Highway Design.

The design standards for streets in this chapter may be modified by the Board in individual cases to provide for compatible design speeds and speed limits.

§ 281-24 Cul-de-sac streets.

[Amended 12-8-2021 by Ord. No. 466]

Dead-end streets shall be prohibited, except when designed as a cul-de-sac in compliance with the provisions of this section.

Culs-de-sac shall not exceed 1,000 feet in length except as provided for in Subsection C below and shall be provided at the closed end with a paved turnaround having a minimum radius to the outer pavement edge of 40 feet. Rights-of-way shall have a minimum radius of 52 feet within the turnaround areas.

Culs-de-sac up to 2,000 feet long may be permitted where the site conditions are such that good design cannot be obtained within the limit of 1,000 feet. The Township may approve any cul-de-sac up to 2,000 feet long and shall consider the topography, amount of paving, and tree cover in rendering their decision.

§ 281-25 Street width.

[Amended 12-8-2021 by Ord. No. 466]

The rights-of-way for all streets in the Township shall be as follows:

Local streets: 50 feet;

Collector streets: 60 feet; and

Arterial streets: 80 feet.

Cartways for all streets shall be as shown in Appendix A.[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

The cartway width for a private street shall be not less than that required for a local street.

Additional right-of-way and cartway widths may be required by the Township for the following purposes.

To promote public safety and convenience.

To provide for pedestrian walkways and bike paths.

§ 281-26 Street alignment.

Whenever street lines are deflected in excess of 1°, connection shall be made by horizontal curves.

To insure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:

Local streets: 150 feet.

Collector streets: 450 feet.

Arterial streets: 750 feet.

Except on local streets, a tangent of at least 100 feet measured at the center line shall be required between reverse curves.

Local streets shall not exceed 1,000 feet between:

An intersection; or

A curve exceeding 25° unless the topography and/or other conditions are such that good planning cannot be obtained by this requirement. In this case, a greater distance may be permitted by the Planning Commission.

The following street design standards shall apply solely to projects designed in accordance with the high-density single-family option, pursuant to § 325-15.1D(3) of the West Whiteland Township Zoning Ordinance.

[Added 5-22-2019 by Ord. No. 447]

The minimum center line radius for horizontal curves for streets shall be 50 feet.

Tangents of at least 10 feet shall be required between reverse curves in streets.

Streets entering from opposite sides of another street shall either be directly across from each other or offset by at least 100 feet measured from the center line.

No center line of any driveway shall be closer than 40 feet to the center line of the road; however, no center line minimum shall be required for a driveway serving a townhouse unit from an alley.

§ 281-27 Street grades.

Center line grades shall be not less than 1%.

Center line grades shall not exceed the following:

Local streets: 8%.

Collector streets and arterial streets: 7%.

Intersecting areas, per Subsection D of this section.

Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change to provide the following minimum sight distances:

Local streets: 30 times the algebraic difference in grades.

Collector streets: 55 times the algebraic difference in grades.

Arterial streets: 80 times the algebraic difference in grades.

A leveling area of constant grade not exceeding 4% shall be provided for a distance of 75 feet from the point of vertical curvature to the nearest right-of-way line of the intersecting street. In the case of streets without a stop control, the Township may allow grades no greater than those permitted in Subsection B in lieu of the leveling area.

§ 281-28 Street intersections.

[Amended 12-8-2021 by Ord. No. 466]

Right-angle intersections shall be used whenever practicable, especially when local residential streets empty into arterial streets. There shall be no intersection angle measured at the center line of less than 75°.

No more than two streets shall intersect at the same point.

Streets entering the opposite sides of another street shall either be directly across from each other or offset by at least 200 feet from center line to center line.

A minimum curve radius of 25 feet shall be provided at all local street intersections, 30 feet at collector street intersections, and 40 feet at arterial street intersections. The Board may increase the required radii when it considers such design advisable at intersections involving arterial streets. Right-of-way lines shall be concentric with curblines.

Obstructions to vision.

No wall, fence or other obstruction shall be erected, allowed or maintained, and no hedge, tree, shrub or other growth shall be planted or exist which dangerously obscures the view of approaching traffic along streets or at intersections.

§ 281-29 Street traffic-control devices.

Driveway and street entrances onto public streets shall be maintained in compliance with PennDOT Form M-950S.

Sight distance at street intersections shall be provided for vehicles traveling on an approaching street which has no stop or signal control and for vehicles traveling on an approaching street which has a stop control in accordance with the standards in "A Policy on Geometric Design of Highways and Streets," AASHTO, 1984 edition.

[Amended 6-25-1996 by Ord. No. 243; 12-8-2021 by Ord. No. 466]

All street name signs, traffic-control signs, and other traffic-control devices as deemed necessary by the Township shall be provided and erected by the applicant.

All traffic-control signs, including street name signs, shall be PennDOT approved, conform to applicable regulations, and placed using heavy-duty breakaway channel posts (or equal as approved by the Township).

All other traffic-control devices shall be Township approved and conform to PennDOT as well as all other applicable regulations, including any federal or county regulations promulgated for specific projects. Traffic signal bodies shall be constructed of aluminum or plastic. To assure commonality of parts, the Township shall approve all signal hardware and software.

All traffic signals shall have preemptive equipment provided and erected by the applicant. All traffic signals, connections, controllers and other associated equipment shall also conform to the closed loop traffic signal system of the Township.

§ 281-30 Street construction.

[Amended 6-25-1996 by Ord. No. 243; 12-8-2021 by Ord. No. 466]

All materials used in the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of the Pennsylvania Department of Transportation Publication 408, latest edition thereof, except as indicated herein. Cross sections shall be as detailed in Appendix D.[1]

Subgrade.

The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross section of the proposed road.

Remove or stabilize all unsuitable subgrade materials to the satisfaction of the Township.

Wet or swampy areas shall be permanently drained and stabilized to the satisfaction of the Township.

Fills shall be made with suitable materials and thoroughly compacted for full width in uniform layers of not more than eight inches thick to the satisfaction of the Township.

The subgrade shall be thoroughly compacted to at least 95% maximum dry density to the satisfaction of the Township.

Backfill of trenches within the cartway and curb area shall be thoroughly compacted prior to construction of subbase to the satisfaction of the Township.

Street construction.

Base courses shall be constructed on a properly prepared five-inch layer of subbase constructed of 2A modified aggregate. Additional subbase may be required at the discretion of the Township as unsuitable subgrade conditions warrant. Approval of the subbase shall be secured from the Township prior to the construction of the base course.

Base courses shall be constructed as specified by PennDOT Publication 408, latest revision, for flexible pavements.

Approval of the subsurface drainage and subgrade shall be secured from the Township prior to the construction of the subbase.

Approval of the base course shall be secured from the Township before the construction of the binder course or wearing surface course. The binder course shall be placed within 30 days of the placement of the bituminous concrete base course.

Approval of the binder course shall be secured from the Township before the construction of the wearing surface course. At least 2/3 of the lots must be under the roof before the surface course can be placed.

Local residential streets (including private streets) shall have the following construction:

One and one-half inches of wearing course;

One and one-half inches of binder course;

Four inches bituminous concrete base course; and

Five inches subbase (2-A modified).

All other streets shall have the following construction:

One and one-half inches of wearing course;

One and one-half inches of binder course;

Five inches of bituminous concrete base course; and

Five inches subbase (2-A modified).

Crown. The completed cartway surface shall have a uniform slope of 1/4 inch per foot from the center line to the edge of the paving.

Superelevation. Superelevation shall be provided on collector streets and arterial streets where warranted by PennDOT or AASHTO standards. Where superelevation is used, curves shall be designed for a maximum superelevation rate of 3/4 inch per foot.

Backfilling.

Where openings are required in existing Township roads, all construction shall be in accordance with Chapter 276, Streets and Sidewalks, Article I, Street Openings, of West Whiteland Township. Openings made in state roads shall be restored in accordance with PennDOT specifications. Permits shall be required before paving is opened in any existing state or Township road. Approval from the Township shall be required before paving is opened in any road intended to be dedicated to the Township.

Excavations within the existing or proposed right-of-way of any approved subdivision roadway shall be backfilled in accordance with the following standards unless directed otherwise by other Township guidelines. These guidelines shall also apply to all paved areas not intended to be dedicated to the Township.

Backfilling shall be done as promptly as possible.

The trench shall be filled with hand-placed AASHTO No. 8 or 57 (PennDOT 1B or 2B) coarse aggregate to a height of at least one foot above the top of the conduit, pipe or pipe bell.

When the pipe is located in a street or any place where paving (including driveways) may be placed, the remainder of the trench shall be backfilled with select granular material (2RC) which has been approved by the Township and promptly compacted. The backfill material shall be mechanically tamped in approximately six-inch lifts.

Backfilling or tamping with trenching machines shall not be acceptable for tamping requirements.

Where openings are made behind the curbline, work shall be performed as required in these specifications and the opening covered with good topsoil to a depth of six inches and seeded or sodded to the satisfaction of the Township.

Whenever the trenches have not been properly filled or if settlement occurs, they shall be refilled, compacted, smoothed off and finally made to conform to the surface of the ground to the satisfaction of the Township.

Frozen material shall not be used for backfill, nor shall any backfilling be done when materials already in the trench are frozen.

Weather limitations.

Bituminous concrete base.

The placing of bituminous concrete base course or binder course shall terminate after October 15 of each year and shall not be resumed until April 1 of the following year or until the ground temperature and air temperature do not fall below and are continuously above 35° F. for five consecutive days' prior to the day of placement of said materials.

When the air temperature falls below 50° F., extra precautions shall be taken in drying the aggregate, controlling the temperature of the delivered material and compacting the mixture. Bituminous concrete base course or binder course shall not be placed on wet surfaces, nor when the air temperature is 35° F. or lower.

Bituminous concrete wearing course.

The placing of bituminous concrete wearing course or surface course shall terminate after October 15 of each year and shall not be resumed until April 1 of the following year or until the ground temperature and air temperature do not fall below and are continuously above 40° F. for five consecutive days' prior to the day of placement of said materials.

When the air temperature falls below 50° F., extra precautions shall be taken in drying the aggregate, controlling the temperature of the delivered material and compacting the mixture. Bituminous concrete wearing course or surface course shall not be placed on wet surfaces, nor when the air temperature is 40° F. or lower, nor when the air temperature of the surface on which it is to be placed is 40° F. or lower.

In any case, no bituminous concrete shall be placed after December 15 or resumed prior to April 1 at the earliest. Placement shall be not resumed on April 1 unless five consecutive days of both ground temperature and air temperature above 40° F. are experienced.

Editor's Note: Appendix D is included as an attachment to this chapter.

§ 281-31 Sidewalks. [1]

[Amended 6-25-1996 by Ord. No. 243; 12-8-2021 by Ord. No. 466]

Sidewalks shall be required for all residential and nonresidential development. Locations of sidewalks shall be approved by the Township.

Sidewalks shall be constructed of concrete having a minimum twenty-eight-day strength of 3,300 psi. The sidewalk shall be constructed on a minimum four-inch depth of AASHTO No. 57 (PennDOT 2B) coarse aggregate and shall have a minimum width of five feet and a thickness of four inches, except at driveway crossings, where the sidewalk thickness shall be increased to six inches and reinforced with six-inch by six-inch wire mesh. Insofar as possible, sidewalks shall be set back a minimum of 18 inches from the cartway of public streets (if the street has a curb, then the setback shall be measured from the curb edge), but where a sidewalk abuts a curb, a building, a wall, or other permanent structure, a premolded expansion joint one-half-inch thick shall be placed between the sidewalk and the structure for the full length of such structure. Sidewalks shall be constructed in separate slabs 24 feet or 30 feet long, except for closures, and the slab between expansion joints shall be divided into blocks five feet long by scoring transversely. All sidewalks located at street intersections shall be designed and constructed in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. The Township may require additional curb ramps where they deem necessary.

Following initial construction, any sidewalk open to the public for pedestrian use or located, in whole or in part, within the right-of-way of a public or private street shall be maintained by the owner of the property abutting the sidewalk who shall keep the same in good order and repair and, at all times, free and clear of all obstructions to safe and convenient passage thereon, including any accumulation of snow or ice; all in conformance with Chapter 276, Streets and Sidewalks, Article IV, Sidewalk Maintenance, of the West Whiteland Township Code of Ordinances as the same shall be, from time to time, amended. The duty of abutting property owners shall be made the subject of a suitable encumbrance in form and substance satisfactory to the Township Solicitor and recorded as a covenant running with the land not later than the recordation of the final subdivision and land development plan.

Editor's Note: See also Ch. 276, Streets and Sidewalks.

§ 281-32 Curbs.

[Amended 6-25-1996 by Ord. No. 243; 12-8-2021 by Ord. No. 466]

Curbs shall be provided along and at the intersection of all streets as directed by the Township and/or PennDOT. Curb grades shall be at the direction of the Township or PennDOT, whichever shall have jurisdiction. Curbs are required for all streets, whether public, private, or quasi-public. All curbs shall have exposed faces brushed.

Curbs are required around all paved areas, except to the extent that curbing would inhibit the functionality of existing or proposed stormwater management facilities in the determination of the Township Engineer. Exposed curb faces shall have a brushed finish.

Curbs shall be constructed of concrete. Shapes and sizes shall be as shown in Appendixes D and E.[1] Base under curbs shall be four-inch 2A modified aggregate minimum. Complete details of proposed curbs shall be included in land development plans. All curbs shall be made of concrete with a minimum twenty-eight-day strength of 3,300 psi in accordance with the applicable requirements of PennDOT Publication 408, latest edition. Curbs shall have joints formed by a steel template with one layer of building paper on each side at intervals of not more than 10 feet. At intervals of not more than 100 feet, expansion joints shall be formed using approved premolded expansion materials. If the curb is placed by slipforming, saw-cut joints may be used, subject to the approval of the Township.

Editor's Note: Appendixes D and E are included as attachments to this chapter.

The top surface of the curb shall be finished true to line and grade in a smooth, neat, and even manner by means of floats, and all exposed faces shall have a brush finish. The top edges of the face and back shall be rounded to a radius of not more than 3/4 inch and 1/4 inch, respectively. Curb depressions will be permitted only at points where it is necessary for vehicles to drive across the curb. The bottom of the depression shall be two inches above the finished road surface next to the curb. Cutting or filling in of existing curb will not be permitted. New depressions shall be made by completely removing the existing curb between adjacent joints and installing a new curb with the required depression. Eliminating unused depressions shall be done by removing the section of curb between adjacent joints and installing new curb for a full section.

The curbs shall be sealed with AC-20 or other Township-approved sealer. The seal material shall extend out a minimum of 12 inches from the face of the curb and a minimum two inches up the face. The roadway and curb face shall be properly cleaned prior to sealing to provide for maximum adherence of the sealing materials.

Curb depressions shall be provided for all single-family home driveways. Non-single-family home curb depressions may be waived if the roadway cross section is constructed to the right-of-way line (or in the case of private streets, to a point 10 feet behind the face of curb).

§ 281-33 Landscaping.

[Amended 3-21-1995 by Ord. No. 234; 12-8-1998 by Ord. No. 277; 3-10-2004 by Ord. No. 309; 12-12-2018 by Ord. No. 444]

Purpose and intent. Landscaping is one of the most critical elements to softening development, especially parking lots, and to defining vehicular, pedestrian and arrival spaces. In addition to enhancing the aesthetic appearance of a community and providing shade, landscaping and the preservation of existing vegetation reduce soil erosion, improve air and water quality and provide wildlife habitats. It is the intent of these regulations to provide, protect, and maintain healthy landscapes for the enjoyment and protection of the health, safety, and welfare of the public.

The tree protection and landscaping standards contained in this section shall be applicable to all subdivisions of land and any parcels undertaking land development activities. All parts of properties being redeveloped, renovated, improved as part of a subdivision or land development application shall be brought into compliance with the requirements of this section, to the extent possible.

General standards.

The requirements and standards prescribed herein shall be the minimum for all landscape and tree protection management plans as required by this section. Standards established by other Township ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein. All required landscaping shall be installed prior to issuance of final use and occupancy permits. It shall be the responsibility of the owner to maintain all landscaping in accordance with the standards of this chapter.

All existing tree masses, mature trees, and specimen trees shall be preserved pursuant to the tree protection standards of § 281-34. Preserved and transplanted trees may be counted towards the minimum requirements of this section.

All portions of a property not occupied by buildings or paved surfaces shall be landscaped utilizing combinations of existing vegetation, trees, shrubs, lawns, ground cover, mulch, fencing, rock formations, art works, and grading.

Species selected by the applicant and depicted on the approved plan shall reflect the following:

Consideration of the plants recommended in Appendix G, at the end of this chapter.

Suitability of the plant materials, based upon the site's geology, hydrology, soils, exposure to sun and wind, and microclimate.

Functional objectives of the plantings, which may include, but not necessarily be limited to, visual screening, noise abatement, energy conservation and wildlife habitat enhancement, rooting pattern, and leafing properties.

Be proportional to the height of buildings or structures on the site.

Maintenance and replacement considerations such as hardiness, longevity, and availability of plant materials, as well as resistance to insects and disease.

Aesthetic considerations such as variety in color, texture, size, and shape.

Planting shall not be installed that will:

Block, impede, or interfere with the construction, maintenance, or operation of roadways, drainage facilities, sanitary sewers, or other aboveground or below-ground utilities.

Diminish sight distances along roadways.

Cast dense winter shadow on roadways or public sidewalks (in the case of evergreen plantings).

Be of an invasive nature (such as bamboo or honeysuckle).

Be of a weedy or brittle character, or that will grow out of bounds quickly, in order to avoid maintenance problems.

Have characteristics of being bee-attracting, poisonous, and/or thorny when used in areas designated for sitting or play.

Be highly susceptible to pest infestations and/or diseases which may shorten their life expectancy.

Interfere with a safe lighting environment.

Landscape plans shall be submitted at the time of preliminary and final plan applications. They shall be on the same size sheets and at the same scale as other corresponding layout plans in the set. They shall contain all applicable general plan information indicated in § 281-16C or § 281-17D for preliminary and final plans, respectively. They shall also conform to the following additional standards:

Detailed planting areas, which are not clearly legible on plans at a smaller scale, shall be shown at a scale of one inch equals not more than 30 feet to depict the detail. This may be necessary to communicate plantings around signage, project entries, in courtyards, tot lots, or building foundations, for example.

Existing and proposed improvements, including grading, utilities, lighting, signage, stormwater management system structures, pavement materials, water features, fences, and walls shall be shown and noted on the landscape plans.

The outlines of ground cover and mulch beds shall be depicted. All ground plane treatments shall be labeled, including grass.

The plans shall contain a plant list on the same sheet or reference the sheet on which it appears. The plant list shall include the following:

A key or symbol reference corresponding to labels or symbols on the plan.

The proposed quantity of each plant species.

[3]

The scientific and common plant names, including named cultivars, if applicable.

[4]

The size of the plant at installation, according to the American Nursery and Landscape Association (ANLA) standards, which shall include height, spread, and caliper.

[5]

The root condition.

[6]

Plant spacing.

[7]

Natural or maintained height and spread anticipated after 30 years' growth.

[8]

Any special specification or instructions, such as full to ground, multi-stemmed, hedge, limb up to 12 feet, espalier, etc.

The plans shall contain standard specifications for installation, including a guarantee note and planting distances from utilities.

Details for landscape installation shall be provided, including any specialty features, either on the same sheet or references to the sheet on which they appear.

The signature and seal of the Pennsylvania registered landscape architect preparing the plans shall be provided.

A cost estimate of the proposed plantings shall be submitted with the final plan application.

The landscape plans shall be prepared by a Pennsylvania registered landscape architect.

Plant material size and spacing standards. Nursery-grown plant material shall conform to those listed in the "American Standard for Nursery Stock," ANSIZ60.1, current edition, published by the American Nursery and Landscape Association (ANLA). The following guidelines are the minimum required for all nursery-grown plant materials or transplanted trees as required in this section:

Shade and street trees shall have a minimum caliper of two inches at installation. Not less than 60% of the trees to be planted shall be species native to the region. Multiple-trunked trees shall be identified as such in the plant list and shall be counted as one tree. The Township may consider a smaller number of larger caliper trees to meet planting requirements, provided the monetary values are equivalent.

Ornamental and flowering trees shall have a minimum height of eight feet at installation. Multiple-trunked trees shall be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.

Evergreen trees shall have a minimum height of seven feet at installation.

Shrubs shall comply with the following requirements:

Large shrubs shall be not less than three feet tall at planting. A minimum of 50% of the shrubs shall be native to the region.

Small shrubs shall be not less than 24 inches tall or 18 inches in spread, depending on variety, at planting. A minimum of 50% of the plants shall be native to the region.

Shrubs shall be spaced according to their size, growth characteristics, and intended use.

Ground cover shrubs, herbaceous perennials, bulbs, and annuals shall be spaced appropriate to type and size at installation. Beds of these plantings shall be used at driveway and building entrances, around signage and focal elements, and to stabilize steep embankments, as determined necessary by the Township's landscape professional. Ground covers shall be spaced so that 100% of the beds are covered after two years' growth.

A variety of plant species are encouraged to avoid monocultures, to encourage long-lived species, and to promote wildlife habitat.

Tree plantings shall contain the following minimum species mix:

When 10 to 49 shade, street, evergreen, or compensatory trees are required, no more than 50% may be of one species.

When 50 or more shade, street, evergreen, or compensatory trees are required, no more than 30% may be of one species.

Shrub plantings shall contain the following minimum species mix:

When 50 to 99 shrubs are required, no more than 50% may be of one variety.

When 100 or more shrubs are required, no more than 30% may be of one variety.

(8)

Other plant types, such as those marginally hardy to the area or those which have an unusual form, and/or nonvegetative features, such as water or rock gardens, may be incorporated into required planting areas. However, only those plants within the feature, which meet the above requirements, may be counted toward satisfying the minimum planting and buffering requirements of this section.

(9)

To allow for design flexibility, plant material substitutions from the requirements may be permitted at the discretion of the Township. In such cases, the applicant must demonstrate to the satisfaction of the Township that the general intent of the ordinances is achieved and that the substitutions represent an equivalent monetary value to the required landscaping.

Guarantee and maintenance. All landscape materials, including compensatory and transplanted trees depicted on the approved landscape plan, shall be financially secured, guaranteed, and maintained, including, without limitation, compliance with the following:

All landscape improvements to be provided shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily limited to, provisions for surface mulch, staking and guying, irrigation, fertilization, insect and disease control, pruning, mulching, weeding, and watering.

The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this section shall be guaranteed and maintained in a healthy condition, or otherwise be replaced by equivalent improvements, for a period of 18 months following their installation, except as may otherwise be required by this section.

After installation and prior to commencement of the guarantee period required above, the Township shall perform an inspection of the finished site for compliance with the approved landscape plan. Following this inspection, an as-built landscape plan shall be furnished to the Township by the applicant. Provided the finished site is found to be in compliance, the eighteen-month guarantee period shall commence five days from the date of inspection. All plants shall be in a vigorous and thriving condition at the end of the eighteen-month period as determined above. Final inspection of the site following the eighteen-month period will be made by the Township.

Plants found to be in poor health or lacking normal growth habit during the eighteen-month guarantee period shall be replaced with nursery-grown plants, in accordance with the approved landscape plan, within 30 days of being notified by the Township. If notification is made out of season, replacements shall be made during the next planting season. If the original plants declined due to poor species selection, substitute plants, determined by the Township to be more suitable for the site's environmental conditions or planting scheme, shall be used. A modified landscape plan shall be filed with the Township. Replacement plants shall be inspected by the Township after installation.

In the event of accidental damage or vandalism of plants during the eighteen-month guarantee period, the applicant shall replace the damaged plant material in accordance with the original or an approved modified landscape plan.

The applicant shall be required to post financial security in accordance with § 281-54 of this chapter for all proposed landscaping required by this section, for existing plants being disturbed by construction activities, and for transplanted and preserved plants that are being used to satisfy the minimum requirements contained in this section or in Chapter 325, Zoning. The amount of the financial security shall be equal to 110% of the amount of the cost estimate for said landscaping as agreed to by the Township and shall be based upon the cost of replacement with nursery-grown stock. The applicant may receive partial release(s) of the financial security as provided for in § 281-54J of this chapter, but the Township shall retain not more than 15% of the security for a period of not more than 18 months following project closeout to assure the long-term viability of the required landscaping in the same manner as is required by § 281-54K of this chapter for other site improvements.

§ 281-34 Tree protection and compensatory planting.

The applicant shall make arrangements acceptable to the Township for the property's long-term landscape maintenance. The applicant shall provide the names, addresses, and telephone numbers of those persons or organizations who will be assuming such responsibilities. Landscape improvements required by this section shall be the subject of suitable restrictive covenants and, if practicable, rules and regulations governing the use and maintenance of common land and facilities, which covenants, rules, and regulations shall be in form and substance acceptable to the Township Solicitor and, in the case of covenants, recorded as encumbrances running with the land on which the improvements are installed. The covenants, rules, and regulations shall, without limiting the foregoing, require the maintenance and replacement and prohibit the destruction or removal of all landscape materials and improvements depicted on the approved landscape plan, empower the Township to enforce said obligations, and prohibit the amendment or termination of any of the mandatory terms thereof without the express joiner of the Township.

[Added 12-8-1998 by Ord. No. 277; amended 3-10-2004 by Ord. No. 309; 12-12-2018 by Ord. No. 444]

Intent. Every effort shall be made to preserve mature trees, significant existing vegetation and other natural features on a development site and to incorporate these existing natural features into an overall planting design. Every effort shall be made to retain as much of a wooded area as possible of a size and configuration that will promote its natural growth and regeneration.

Applicability. No person shall cut or remove, or cause to be cut or removed, any mature tree located upon any lands in the Township without compensatory planting. Due care shall be taken to locate improvements and utility lines so as to avoid damaging existing trees. Compensatory plantings are required for any mature tree removed from the lot, in accordance with Subsection G of this section.

Mature trees shall be categorized and measured as follows:

Deciduous trees with trunk diameters from 12 up to 24 inches DBH.

Deciduous and evergreen trees with trunk diameters of 24 to 36 inches DBH.

Deciduous and evergreen trees with trunk diameters of 36 inches and greater DBH.

Trunk diameters shall be measured according to the following guidelines:

For single-trunked deciduous trees and evergreen trees, at a point 4 1/2 feet above grade.

For multitrunked trees, the largest trunk at a point 4 1/2 feet above grade.

Tree protection standards.

Intent. Every effort shall be made to preserve and protect mature trees. A tree shall be considered preserved if there is no disturbance within the tree's critical root zone. Disturbance includes earth disturbance, earth compaction, vehicular and foot traffic, material stockpiling, and/or the construction of improvements and utilities.

The critical root zone extends from the tree trunk a distance equal to 12 times the trunk diameter, or to the tree's dripline, whichever distance is greater. Thus, a two-foot DBH tree would have a circular critical root zone with a minimum radius of 24 feet. Sensitive or historically significant trees will have larger critical root zones that should be established by an experienced arborist.

A tree shall be considered preserved if the Township's landscape professional determines it is in viable condition at the end of the guarantee period.

The following conservation practices are mandatory and shall be noted on the soil erosion and sedimentation control plan and employed in order to preserve existing trees. In addition to the other requirements specified in this section, these conservation practices shall be undertaken during land development activities. Prior to any clearing or site disturbance, the Township requires a meeting with the applicant and/or site contractor to further determine methods to minimize tree loss. For this meeting, the Township shall appoint a qualified landscape professional to act on its behalf.

All trees, natural features, and other vegetation to be preserved shall be protected from equipment damage by fencing or other effective barriers approved by the Township. Fencing or barriers around trees shall be placed outside the critical root zone, unless approved by the Township to be appropriate at another location. Refer to Appendix I at the end of this chapter. Tree protection fencing must be installed and approved by the Township's landscape professional prior to the start of any clearing, grading, or other earth disturbance and monitored periodically. The tree protection fencing shall be maintained by the applicant while in place. It shall be removed after all earthmoving and construction activities that may impact tree roots are completed.

When disturbance within the critical root zone is unavoidable, applicants shall minimize encroachment and use the best available methods as approved by the Township's landscape professional to minimize damage and preserve trees. These methods may include utility tunneling, use of geotextiles, mulching, hand root pruning, and soil aeration. Applicants shall consult references such as "A Guide to Preserving Trees in Development Projects," published by the Penn State College of Agricultural Sciences Cooperative Extension.

The Township may require that trees and shrubs which would otherwise be removed during site preparation activities be transplanted elsewhere on the site.

Should any mature viable trees on the site not scheduled to be removed, be irreparably damaged during site preparation activities and, as a consequence thereof, die or decline as determined by the Township landscape professional, within 18 months of the conclusion of construction activities, such trees shall be replaced with nursery-grown material, in accordance with the requirements of §§ 281-33D and 281-34G.

Transplanted plants.

On a case-by-case basis, provisions may be made for the moving of existing trees, shrubs, or other natural features to other locations on the site if requested by the applicant or the Township.

When used to satisfy a minimum requirement contained in this chapter, the transplanted plant materials shall be at least the same size as required nursery-grown material and shall also be subject to the same protection, maintenance and guarantee requirements of § 281-33.

Credits for existing preserved or transplanted vegetation.

Preserved deciduous trees shall be credited toward shade and street tree requirements, evergreen trees shall be credited toward evergreen requirements, and shrubs shall be credited toward shrub requirements. No credit shall be given for weedy, brittle or invasive species unless otherwise approved by the Township.

Preserved trees shall be credited toward satisfying the requirements of this § 281-34 in the area that they are preserved. That is, if a tree is preserved along a property line, it shall be credited toward the buffer or screen requirements along that property line. A tree preserved within a parking area may not be counted toward satisfying buffer requirements.

Preserved and transplanted trees shall be credited toward satisfying the requirements of this § 281-34, as follows:

Six- up to twelve-inch diameter equals two trees.

Twelve- up to thirty-inch diameter equals four trees.

Thirty-inch diameter or greater equals six trees.

Existing or transplanted shrubs shall be credited toward satisfying the requirements of this § 281-34 on a one-to-one ratio, except that large shrubs may be considered the equivalent of two small shrubs in buffers and screens, as prescribed in § 325-32 of Chapter 325, Zoning.

Preserved and transplanted trees shall not be credited toward the compensatory planting requirements.

Compensatory planting.

In the event that preservation of existing trees is impossible and/or relocation of improvements impractical, then compensatory planting shall be required for each mature tree to be removed, except that no compensatory planting shall be required for trees that are diseased, dead, dying, or otherwise nonviable, nor for invasive or otherwise undesirable species as may be determined by the Township. The determination of a tree's health and its status as an invasive or undesirable species shall be confirmed by the Township's landscape professional.

The compensatory planting requirement shall be based upon the size and type of trees being removed, as follows:

For deciduous trees of 12 inches up to 24 inches DBH, one inch of new tree diameter shall be provided for every four inches of existing tree diameter cut or removed.

For deciduous trees and evergreen trees of 24 inches up to 36 inches DBH, one inch of new tree diameter shall be provided for every three inches of existing tree diameter cut or removed.

For deciduous trees and evergreen trees of 36 inches and greater DBH, one inch of new tree diameter shall be provided for every two inches of existing tree diameter cut or removed.

No compensatory planting is required for deciduous trees smaller than 12 inches DBH and for evergreen trees smaller than 24 inches DBH.

The land development plan shall include a chart showing for each of the categories defined above in § 281-34G(2) the number of diameter inches being removed and the number of diameter inches to be provided. The number of required compensatory trees shall be the total of all three categories of the diameter inches to be provided, divided by two, rounded up to the next whole number.

Compensatory trees shall satisfy the following size requirements and shall be planted in accordance with the standards contained within § 281-33. Alternative types of compensatory planting may be permitted when approved by the Township.

Any new trees placed on the property may be credited toward the compensatory tree requirement, provided that such new trees meet the following size requirements:

Deciduous shade or ornamental trees shall be a minimum of two inches caliper.

Multistem shade or ornamental trees shall have a minimum height of eight feet.

Evergreen trees shall have a minimum height of seven feet.

Land constraints.

In the event that the applicant establishes to the satisfaction of the Township that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops, and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of compensatory trees, then the applicant shall, in consultation with the Township, either:

Install a portion of the required compensatory trees on other public lands within the Township.

Contribute to the Township the estimated installed cost of those trees which cannot practically be installed on the property for later installation of trees on public lands.

[3]

Install fewer, larger, or more valuable compensatory trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees.

[4]

Provide compensation by some combination of the above options that is mutually agreeable to the applicant and the Township.

§ 281-35 Buffer and screen planting standards.

The selected alternative shall serve as the basis for calculating the required financial security in conformance with § 281-54 of this chapter.

[Added 12-8-1998 by Ord. No. 277; amended 3-10-2004 by Ord. No. 309; 12-12-2018 by Ord. No. 444]

Landscaped buffers and screens shall be used to mitigate views between a development and its surroundings and to provide opportunities for green links between properties. Three types of such landscaping are hereby established: screening buffer, perimeter buffer, and site element screen. A site element screen may be one of three types: low, high, or yard, depending on the element being screened. The minimum planting requirements for these buffers and screens are contained in this section. Typical plant placement is illustrated at the end of this section. Buffers between adjoining land uses shall be in accordance with the following table:

	Adjoining Land Use
Proposed Land Use	Ag	Rec	Hist	Res	Life Care	Inst	Ofc.	Com.	Util.	Junk	Ind.
Agriculture	P	P	P	S	S	S	S	S	S	S	S
Recreational	S	P	S	S	P	P	S	S	S	S	S
Historic	S	S	S	S	S	S	S	S	S	S	S
Residential	S	S	S	P	P	S	S	S	S	S	S
Life care/day care	S	P	S	P	P	P	S	S	S	S	S
Institutional	S	P	S	S	P	P	P	S	S	S	S
Office	S	S	S	S	S	S	P	S	S	S	S
Commercial	S	S	S	S	S	S	S	P	S	S	S
Utility	S	S	S	S	S	S	S	S	P	S	P
Junkyard	S	S	S	S	S	S	S	S	S	S	S
Industrial	S	S	S	S	S	S	S	S	P	S	P

NOTES:
S	=	screening buffer
P	=	perimeter buffer

Buffer and screen requirements.

Any of the following elements may be used in buffers and screens, provided that the minimum standards prescribed herein are met:

Existing vegetation and natural features;

Proposed new or transplanted vegetation;

Existing or proposed fences or walls; and

Existing or proposed grading, including berms.

Preserved existing natural features and transplanted material may be credited as prescribed in § 281-34 of this chapter.

Fences, walls and berms shall be used in conjunction with required landscaping, not to replace it.

If berms are proposed, they shall conform to the following standards:

Berms shall be a minimum of two feet in height and shall not be steeper than three-foot horizontal distance to one-foot vertical distance.

Berms should be located to work in conjunction with vegetation, fences and/or natural features to provide an effective buffer. They shall be laid out to replicate naturally occurring landforms. Their locations shall not adversely affect stormwater management.

The following methods shall be used for the purpose of calculating the amount of plant material required within a buffer or screen:

A buffer length shall be measured at the property line or right-of-way line and shall include all existing or proposed driveway openings or easements.

Where buffer yards overlap, as in the case of a front and side yard buffer, the most stringent requirement shall apply. (For example, when screening buffer and a perimeter buffer overlap at a property corner, the screening buffer length shall be calculated for the entire length required, and the perimeter buffer shall be reduced by the amount of the overlap.)

The length of the perimeter buffer of stormwater management basins shall be measured along the elevation of the center of the top of the berm, around the circumference of the basin (Figure 2, Definitions).[1]

Editor's Note: See § 281-4B, beneath the definition of "buffer."

All electrical, mechanical, and utility equipment, and all loading and storage not enclosed in a building, shall be fully and completely screened from view from any adjacent streets or residential districts or uses, in a manner compatible with the architectural and landscaping style employed on the lot. Such screening shall be subject to site plan and/or architectural review by the Township.

Site element screens, existing natural features, structural garden elements (such as gazebos and trellises), water features, sculpture, and project identification signs may be placed within the buffer, provided they do not replace or diminish the intended screening effect of the buffer.

Screening buffers shall be used between incompatible zoning districts, between land uses as required by § 281-35A, and adjacent to the higher classified street right-of-way on reverse frontage nonresidential lots, where a high level of visual buffering is desirable, as determined by the Township. Screening buffers shall be 50 feet in width, adjacent to the property line. Screening buffers shall comply with the following planting requirements:

One shade tree per 50 feet of length. Up to 25% of the required shade trees may be substituted with ornamental trees at a ratio of two ornamental trees for each shade tree.

Two evergreen trees per 50 feet of length.

Ten small shrubs or five large shrubs per 50 feet of length.

Use of perimeter buffers.

Perimeter buffers shall be used along all property boundary lines or residential subdivision tract boundary lines, along arterial street right-of-way lines, and around the entire perimeter of stormwater management basins, and shall be used adjacent to the higher classified street right-of-way on reverse frontage residential lots, where a low level of visual buffering is desirable, as determined by the Township.

If basins are landscaped, to the satisfaction of the Township, as natural habitat areas with diverse and abundant native vegetation, no perimeter buffer shall be required. In such cases, applicants shall demonstrate that the value of native habitat vegetation is at least equal to that of the required perimeter buffer vegetation.

Perimeter buffers shall be 25 feet in width, placed at the property line, right-of-way line, or around the circumference of stormwater management basins. Perimeter buffers shall comply with the following planting requirements:

One shade tree per 100 feet of length. Up to 25% of the required shade trees may be substituted with ornamental trees at a ratio of two ornamental trees for each shade tree.

Two evergreen trees per 100 feet of length.

Ten small shrubs or five large shrubs per 100 feet of length.

Perimeter buffers shall be placed around stormwater management basins with the following additional considerations:

The plantings should be clustered to approximate naturally occurring groupings. The intention is not to screen the basin, but rather to help it blend into the development by softening its appearance.

The basin headwall and other structures should be screened with required plantings; however, plantings shall not impede the basin's function.

Trees and shrubs shall not be permitted on the constructed berms for basins. In cases where the perimeter buffer coincides with a constructed berm, required buffer plantings shall be placed in the area downslope and adjacent to the berm.

Naturalistic basins shall be designed as natural areas with 100% native plantings to promote habitat and aesthetics, and shall be graded to resemble naturally occurring landforms, with constructed banks no steeper than one foot vertical to four feet horizontal. When approved by the Township, naturalistic basins may be installed within required yard areas, and no perimeter buffer shall be required. Naturalistic basins shall not be planted in turf, but shall have appropriate native plantings including species recommended in Appendix G.[2] Plantings in naturalistic basins shall be demonstrated to be at least equal in monetary value to that of the required perimeter buffer vegetation.

Editor's Note: Appendix G is included as an attachment to this chapter.

Site element screens shall be placed to screen the element to the satisfaction of the Township, when such elements are proposed within 200 feet of a property or right-of-way line. Site element screens may be located within required buffer areas. Screen plantings used around parking lots shall be placed to provide a snow stockpile area. Site element screens may be eliminated if they are adjacent to or within screen buffers, when the screen buffer effectively screens views of the site element. Site element screens shall comply with the following planting requirements:

Site element screens shall be one of the following types, according to use. If a use is not listed, the screen most suited to the use shall be used.

Low screens shall be used around the perimeters of all parking lots or other similar vehicular use areas, including service stations, sales lots for motorized vehicles, vehicular stacking lanes associated with a drive-through, and around trash enclosures or storage buildings when decorative walls, such as brick, latticework or split-face concrete block, are proposed.

High screens shall be used adjacent to loading areas, around trash enclosures and storage buildings, when fencing or plain concrete masonry units are proposed, and around transformers, maintaining the required clear distance. High screens or six-foot-high opaque fencing shall also be required to buffer accessory structures from the higher classification street on reverse frontage lots.

Yard screens shall be placed around vehicular storage areas that are not used as parking lots or sales areas, around the perimeter of tank farms and similar facilities, and around utility towers and equipment yards.

Site element screens shall be measured at the base of the element being screened. This might be the base of a trash enclosure or the surface of a parking lot closest to the screen.

Low screens shall conform to the following:

They shall be comprised of evergreen or dense deciduous shrubs to form a continuous screen or hedge, which shall reach a minimum height of three feet, after two years' growth. For example, if a parking lot elevation is higher than the adjacent street and the screen plantings are placed at a lower elevation on the slope between the two, then the screen must consist of either larger plants, a taller species or be maintained higher to provide a three-foot-high screen as measured from the surface of the parking lot. Conversely, if a berm is used in conjunction with screen plantings, they may be shorter plants, as long as an effective screen is provided.

Small shrubs shall be spaced no farther than three feet on center. Large shrubs shall be spaced no farther than five feet on center.

High screens shall be comprised of either of the following:

Large evergreen shrubs, spaced no farther than four feet on center, or as needed to form a continuous screen at a height of six feet after five years' growth.

Evergreen trees spaced 12 to 15 feet on center.

Yard screens shall conform to the following. They shall be of the same composition as high screens, except that in addition, large shrubs shall be planted on five-foot centers alongside the evergreen trees.

Plants shall be distributed throughout the entire length of the buffer or screen as follows:

Plantings in site element screens shall be evenly spaced to create a continuous visual screen.

Plantings in buffers need not be evenly spaced, but should be positioned to provide an effective screen of the development.

Plantings in buffers may be clustered.

Plants which exhibit one or more of the following characteristics are prohibited:

Plants that will become a nuisance to neighboring properties or that will threaten the ecological balance of adjacent woodlands and natural areas because they are aggressive and invasive.

Plants which spread by rhizomes or stolons, unless an approved method of root containment is utilized.

Plants which are known to be easily susceptible to pest infestations and/or diseases, which may shorten their life expectancy and ability to provide an effective buffer.

The remainder of the buffer or screen area shall be planted with ground covers, including lawn grasses or meadow plantings, as appropriate to the character of the site and adjacent lands.

Buffer and screen planting areas shall be mulched with a material appropriate to the site's character. Beds are encouraged for ease in maintenance. Individual mulched areas may be joined as plants mature and maintenance practices change.

§ 281-36 Street trees.

[Added 12-8-1998 by Ord. No. 277; amended 3-10-2004 by Ord. No. 309; 12-12-2018 by Ord. No. 444]

Street trees shall be required along all existing or proposed public or private streets when they abut or lie within the proposed subdivision or land development and are in addition to required buffer plantings.

Street trees shall be located within a planting strip located within the right-of-way, between the edge of pavement, or back of curb and the sidewalk, or right-of-way. If a sidewalk is not proposed at the time of development, but is known to be a future possibility, then the tree shall be planted in the area that will become the planting strip. Root barriers are not necessary when tree planting precedes sidewalk installation.

Street trees shall comply with the size requirements of § 281-33D. A minimum of 60% of the proposed street trees shall be native to the region. Refer to Appendix G, Recommended Trees and Shrubs.[1]

Editor's Note: Appendix G is included as an attachment to this chapter.

Trees shall be planted at a ratio of at least one tree per 50 linear feet of right-of-way or pavement frontage, or fraction thereof, without deducting the areas of driveway cuts or crosswalks. Trees shall be distributed along the entire planting strip, although they need not be evenly spaced, according to the following guidelines:

Street tree spacing may be as close as proper horticultural practices will allow for the species selected. Street trees shall be spaced no greater than 50 feet on center, except in conjunction with a project identification sign sight triangle.

Plantings near intersections shall not interfere with safe sight distances. The plan shall show clear sight triangles as appropriate at intersections.

In certain sections of the Township, the planting of groves or clusters of street trees may be more appropriate, to replicate the naturally occurring patterns of succession.

Alternate arrangements to create a special effect (e.g., columnar trees spaced 15 feet on center at a development entry) may be permitted on a case-by-case basis when approved by the Township.

Trees shall be planted so as not to interfere with the installation and maintenance of sidewalks, lights, and utilities. Trees shall be planted a minimum distance of:

Three feet from sidewalks and the face of curbs, unless they are planted in a tree pit. If trees are located closer than 10 feet to a sidewalk, root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk. Root barriers are not required along the curb.

Ten feet from underground utilities.

§ 281-37 Parking lot design and landscaping.

Fifteen feet from overhead utilities, unless the use of small shade or ornamental trees is approved.

The street tree requirement may be waived where existing preserved vegetation is considered sufficient to meet these requirements and is reasonably assured of continued survival.

If tree pits are used within paved areas, they may be covered with tree grates and/or a variety of porous materials; however, the minimum surface area for gas exchange must be 25 square feet per tree, unless otherwise approved, by the Township.

To prevent the total obliteration of sections of trees by disease or insect infestation, a variety of trees shall be used in each street tree planting. In general, no more than 20 trees in a row or in a cluster should be of the same species, unless otherwise approved.

[Added 12-8-1998 by Ord. No. 277; amended 3-10-2004 by Ord. No. 309; 12-12-2018 by Ord. No. 444]

All parking lots with five or more spaces shall be designed and effectively landscaped with trees and shrubs to:

Provide shade in order to reduce the amount of reflected heat and to improve the aesthetics of parking lots.

Reduce the visual impact of glare, headlights and parking lot lighting.

Facilitate pedestrian circulation and safety.

Facilitate vehicular circulation by delineating driving lanes and defining rows of parking.

Planting islands shall conform to the following standards:

There shall be one planting island, a minimum of nine feet wide by 18 feet long, spaced not more than 135 feet apart, or every 15 parking stalls, in single or double bays.

Islands shall be placed opposite each other in adjacent rows of parking, to reduce the number of islands, and to increase the area available for tree roots.

The last parking stall in a row shall be separated from drive aisles by a planting island a minimum of nine feet in width.

Each planting island shall contain one shade tree plus shrubs, ground cover, perennials and/or mulch to cover the entire area at maturity. At least 50% of the proposed shade trees shall be native to the region. Shrubs shall not exceed two feet in height.

Divider strips shall be provided on parking lots accommodating 90 or more parking spaces and shall conform to the following standards:

Divider strips shall be placed every other bay of parking, running the length of the rows of parking and landscaped with plantings of shade, ornamental, and/or flowering trees, plus shrubs, ground cover, and/or mulch to cover the entire area at maturity. A bay of parking is the width of pavement needed to accommodate either one or two rows of parking stalls, plus one access lane.

Divider strips shall be a minimum of 10 feet wide, unless a sidewalk is proposed within and parallel with the divider strip. If a sidewalk is proposed within the strip, the divider strip shall be increased in width by the width of the sidewalk to accommodate the sidewalk.

One shade tree shall be required for each 50 feet of divider strip.

Divider strips may be designed as rain gardens or may be planted with combinations of shrubs and ground covers. Shrubs near the ends of divider strips shall not exceed two feet in height, so as not to block visibility. This shall not preclude the use of taller shrubs elsewhere within the divider strip.

Plantings shall be placed between parking lots and buildings to break up long stretches of facade and provide a more comfortable pedestrian environment, according to the following standards:

Plantings are required for all sides of a building facing parking areas exclusive of building entrances. Plantings are not required along the sides of buildings containing service or loading areas. If part of a side of the building faces parking, only that portion is subject to these requirements.

The minimum planting requirement shall be one shade tree per 50 feet of building facade plus five small shrubs per 50 feet of building facade. In lieu of shrubs, 50 herbaceous perennial plantings may be provided per 50 feet of building facade.

Any plantings in accordance with or in addition to the requirements of this section may be placed in a lawn area, tree pits, planters or hanging baskets as appropriate to the character of the development, using the following guidelines as to placement:

Shade trees with broad canopies shall be placed at least 15 feet from a building. Ornamental trees, columnar-form shade trees, and evergreen trees shall be placed at least five feet from a building.

If any tree is located closer than 10 feet to a sidewalk, approved root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.

The bottoms of hanging baskets shall be at least eight feet above the sidewalk surface to provide for pedestrian clearance and clear visibility.

Shrubs, ground covers and perennials used below shade trees within parking lots shall be of species able to withstand the harsh microclimate of a parking lot. Plant selection should take into consideration tree growth and canopy cover, and should be partially shade tolerant species.

To prevent conflicts with the opening and closing of automobile doors and to reduce damage from automobile overhang, all shrub plantings in parking lot islands and divider strips located adjacent to or abutting parking stalls shall be set back a minimum of two feet from the curb or edge of pavement.

The placement of light standards shall be coordinated with the landscape plan to avoid a conflict with electric lines and the effectiveness of light fixtures.

Plantings required within the parking areas are exclusive of other planting requirements such as street trees and buffers.

Plantings shall comply with the standards prescribed in § 281-33D and the guarantee prescribed in § 281-33E, except that dead material in hanging baskets, pots and urns shall be replaced within 10 days of notification from the Township.

§ 281-38 Storm and surface drainage.

[Amended 12-8-1998 by Ord. No. 277; 5-26-1999 by Ord. No. 282; 3-10-2004 by Ord. No. 307; 12-11-2013 by Ord. No. 409[1]]

All subdivisions and land developments shall comply with the requirements of Chapter 270 of the Code of Ordinances of West Whiteland Township known as the "West Whiteland Township Stormwater Management Ordinance," as amended, which is incorporated herein by reference and made a part hereof.

Editor's Note: This ordinance provided an effective date of 1-1-2014.

§ 281-39 Blocks.

[Amended 12-8-1998 by Ord. No. 277]

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

Provision of adequate sites for building of the type proposed.

Topography.

Requirements for safe and convenient vehicular and pedestrian circulation.

Thoughtful and innovative design to create an attractive community.

Blocks shall have a maximum length of 1,600 feet and, as far as practicable, a minimum length of 500 feet. In design of blocks longer than 1,000 feet, special consideration shall be given to access for fire protection. Crosswalks up to 12 feet wide may be required for blocks more than l,000 feet long where sidewalks are required.

§ 281-40 Lots and lot sizes.

[Amended 12-8-1998 by Ord. No. 277; 12-8-2021 by Ord. No. 466]

Lot dimensions.

Lot dimensions and areas shall not be less than specified by provisions of Chapter 325, Zoning, and shall further conform to the following requirements designed to abate health hazards.

Where both or either water supply and sanitary sewage disposal are provided by individual on-lot facilities, the Township may require that the applicant provide a registered professional engineer or a qualified sanitarian to make such tests as are necessary to determine the adequacy of the proposed facilities in relation to the proposed lot size and existing grade and soil conditions. In such cases, a certificate by the registered professional engineer or qualified sanitarian that the proposed facilities will be adequate shall be a prerequisite to final approval of the plan.

Minimum building setback lines shall be controlled by Chapter 325, Zoning.

Side lot lines shall be substantially at right angles or radial to street lines.

Residential lots shall front on a street, existing or proposed. Where it is necessary to the proper utilization of land to create lots without direct frontage on a street, the Board may permit interior lots, provided such interior lots shall have an access with a minimum width of 25 feet. No more than two contiguous interior lots shall be so formed. When an interior lot is capable of further subdivision, the minimum width of the access shall be 50 feet.

No more than two homes shall be served by a single driveway.

Reverse frontage lots are prohibited, except where employed to prevent vehicular access to arterial or collector streets. Wherein such lots are permitted, screening in accordance with the provisions of Chapter 325, Zoning, shall be provided along the property line(s) adjacent to the arterial or collector street.

House numbers shall be assigned to each lot by the Township in coordination with the Chester County Department of Emergency Services and the U.S. Postal Service.[1]

Editor's Note: See Ch. 115, Buildings, Numbering of.

Unless warranted by special circumstances, lot lines shall follow/align with municipal boundaries.

§ 281-41 Sanitary sewers. [1]

[Amended 12-8-1998 by Ord. No. 277]

All new subdivisions and developments shall comply with the Township's latest Act 537 sewage facilities plan as approved by the Pennsylvania Department of Environmental Protection (DEP).

In all cases where trunk line sanitary sewer facilities are available, the applicant shall be required to install sanitary sewers and connect the same to such trunk line sewer, irrespective of the size of the lots included on said plot plan.

If no such existing sanitary sewer facilities are available, sanitary sewers, force mains, pumping stations, and all other appurtenances necessary to serve the entire subdivision or land development, together with all necessary laterals extending from the main sewer to the street right-of-way, shall be installed and capped with two plugs. In such event, the applicant may install on-lot sewage disposal systems in accordance with appropriate government regulations, provided they are so located as to permit easy and least expensive connection to the sewer, when it becomes usable. All on-lot sewage disposal systems shall be approved by the Chester County Health Department (CCHD) and/or DEP as applicable. All necessary site testing results (soil probes and percolation tests) for on-lot sewage disposal systems shall be submitted to the Township.

All new subdivisions and land developments proposing individual on-lot sewage disposal systems shall have all proposed lots tested and designed in accordance with the applicable government regulations. In addition, a suitable replacement area shall be tested and identified on each lot in the event of a failure.

All new subdivisions and developments proposing community on-lot sewage disposal systems shall be tested and designed in accordance with the applicable government regulations. The applicant shall submit a feasibility study to the Township for the proposed community system. In addition, a suitable replacement area for the community on-lot system shall be provided. The Township encourages the installation of a spray-irrigation-type sewage disposal system for any development serving the equivalent sewage flow from 50 lots or more.

Requirements relating to design, construction and dedication of sanitary sewers shall be determined by West Whiteland Township and shall also be subject to the review and approval of such county and state regulatory authorities as have jurisdiction in such matters. Permits, where required, shall be obtained before construction of a sanitary sewer system is started.

Low-pressure sanitary sewer systems are prohibited for new construction.

Editor's Note: See also Ch. 253, Sewers and Sewage Disposal.

§ 281-42 Water supply.

[Amended 12-8-1998 by Ord. No. 277]

New subdivisions and developments shall incorporate adequate provisions for a reliable, safe, and sufficient water supply to support intended uses within the capacity of available resources.

[Amended 12-8-2021 by Ord. No. 466]

Off-site water service.

If off-site water service from a private public utility or association is to be used, mains must be sized to provide for adequate pressure and supply for the anticipated demands of the subdivision and to meet the minimum requirements for fire protection established by the Insurance Services Office. Minimum main size shall be eight inches. If adequate source of supply is available, Township-approved hydrants shall be installed at a maximum spacing so that properties to be built upon shall be within 600 feet of the hydrant. If adequate supply is not available, hydrant connections shall be provided for future installation. System design and the design and development of water sources shall conform to the requirements of the Pennsylvania Department of Environmental Protection.

All fire hydrants shall be marked by the use of raised, plowable markers placed in the street at a location approved by the Fire Marshal. The marker shall be a Stimsonite Model 96 or Fire-Marshal-approved equal.

All land developments located within the West Whiteland Township service area shall include all necessary pipes, mains, and appurtenances to tie into the public water system. It is the intent of this provision that the land development shall be fully prepared to tie into public water when main extensions are extended to the particular land development in question. Design of said water lines, hydrants, etc., shall be in accordance with the specifications provided and shall be subject to the review of West Whiteland Township in order to ensure compliance with said standards.

[Amended 12-8-2021 by Ord. No. 466]

If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board that the subdivision or development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

§ 281-43 Other utilities.

[Amended 12-8-1998 by Ord. No. 277; 12-8-2021 by Ord. No. 466]

All other utility lines, including, but not limited to, electric, gas, cable television, streetlight supply, and telephone, shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township, authority, or public utility concerned. All utilities shall be located at a minimum depth of 24 inches.

§ 281-44 Driveways. [1]

[Amended 12-8-1998 by Ord. No. 277]

Residential driveways.

[Amended 12-8-2021 by Ord. No. 466]

Single-family residential driveways, where provided, shall be located not less than 20 feet from the tangent point of the curb radius of corner lots and shall have such grades as to furnish a safe and convenient entrance and parking space. Single-family residential driveways shall be constructed at a minimum of four inches of 3A Modified aggregate overlaid with a minimum of two inches ID-2 wearing course. Driveways shall have a minimum paved width of nine feet. Driveways for single-family residences which were existing as of January 1, 1982, and are in excess of 100 feet may be partially paved upon petitioning for relief from this requirement of the Board of Supervisors. Should relief from this requirement be given, a minimum of 75 feet of the driveway from the roadway must be paved.

A single-family residential driveway may serve not more than two residential lots, as provided for in § 281-40D and E hereinabove.

All other residential driveways shall meet the requirements of § 281-45 of this chapter.

All driveways shall have the same construction as the street from the curbline to the right-of-way line should the developer not choose to place depressed curb.

The maximum grade of any single-family residential driveway shall be 15%. The maximum grade for other driveways shall be 10% unless a lesser maximum is established in Chapter 325, Zoning.

Editor's Note: See also Ch. 140, Driveways.

§ 281-45 Parking areas.

[Amended 6-25-1996 by Ord. No. 243; 12-8-1998 by Ord. No. 277]

At least two off-street parking spaces with access to a public street shall be provided for each proposed dwelling unit. Where such access is to other than a residential street, adequate turnaround space shall be provided on the lot. Parking areas shall be provided for commercial and industrial use as required by Chapter 325, Zoning.

Parking areas and access driveways required for nonresidential and residential use for more than two dwelling units shall be constructed of a minimum of eight inches of 3-A modified, two inches ID-2 binder and 1 1/2 inches ID-2 wearing course. Additional subbase or 3-A Modified may be required by the Township in the field should the Township deem it appropriate due to any soil subgrade conditions. All construction shall conform to PennDOT Publication 408, latest edition. Curbing is required and shall be placed as indicated in § 281-32 of this chapter. All curbs shall be sealed in accordance with § 281-32E of this chapter. Excavations shall be backfilled in accordance with § 281-30E(2) of this chapter.

All parking areas shall be line painted. Each parking space shall be delineated with a four-inch-wide painted line. All line painting placement shall be in accordance with PennDOT Publication 408.

[Amended 12-8-2021 by Ord. No. 466]

Traffic-control devices shall be provided when required by the Township and their location shown on the plans.

§ 281-46 Monuments.

[Amended 12-8-1998 by Ord. No. 277]

Permanent concrete monuments shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and such intermediate points as may be required. Permanent concrete monuments shall be set at all points of curvature and at all points of tangency on a right-of-way for all public streets.

Markers shall be placed at all lot corners. All lot corner markers shall be so located that individual properties may be readily ascertained after development of the subdivision. Markers shall be set in the ground one inch above the finished grade. Any certificate of occupancy shall be conditional until markers are clearly located.

§ 281-47 Community facilities.

[Amended 5-24-1994 by Ord. No. 216; 12-8-1998 by Ord. No. 277; 1-22-2020 by Ord. No. 451]

Purpose.

To assure that developers of residential, commercial, and industrial projects make suitable provision for the open space and outdoor recreational needs of the future occupants of their projects.

To implement the Township Comprehensive Plan, the Township Open Space and Recreation Plan, the Township Official Map, and duly adopted amendments and supplements to those Plans - including the Township Bicycle and Pedestrian Plan - as provided for by Section 503(11) of the Act.

To encourage developers of property to consider the impact of their projects upon the natural environment and ways to mitigate that impact.

To assure that lands set aside for open space and outdoor recreational use are of appropriate size, location, and quality for such uses.

To promote improvements to open space and outdoor recreational areas consistent with recreational use.

For all land developments that propose dwellings, the developer shall either:

Set aside 2,000 square feet of open space for each proposed residential lot or dwelling unit; or

During July 2019 pay the Township $3,475 for each dwelling unit in lieu of setting aside permanent open space. For subsequent months, this amount shall be adjusted to the most current value available month as of the date of final plan approval based upon the Consumer Price Index.

NOTE: Editor's Note: Township Ordinance No. 216, adopted on May 24, 1994, established these fees as $ 2,000 per dwelling unit and $525 per 1,000 square feet of floor area on the first floor of commercial and industrial land developments. That ordinance also included a requirement that the fee be adjusted in subsequent years according to the Consumer Price Index. The dollar amounts shown here are the values of $2,000 and $525 in May 1994 dollars adjusted to July 2019 using the methodology described in the note below.

NOTE: The means of making this calculation is the "CPI Inflation Calculator" provided on the website of the U.S. Department of Labor, Bureau of Labor Statistics (www.bls.gov).

Where a project proposes redevelopment of a lot, the open space requirement shall be based upon the net increase in development.

For all commercial and industrial land developments, the developer shall either:

Set aside 500 square feet of open space for each 1,000 square feet of floor area on the first floor; or

During July 2019 pay the Township $910 for each 1,000 square feet of floor area on the first floor in lieu of setting aside permanent open space. For subsequent months, this amount shall be adjusted to the most current value available as of the date of final plan approval based upon the Consumer Price Index.

NOTE: See note for § 281- 47B(2) for method of calculation.

Where a project proposes redevelopment of a lot, the open space requirement shall be based upon the net increase in development.

Guidelines.

Where the open space requirement is 2.00 acres or less, the fee option shall be preferred; however, the setaside of less than 2.00 acres of land may be acceptable to the Township if that land is contiguous to an existing area of permanent open space, has been identified by the Township for acquisition, or is otherwise deemed acceptable by the Board.

Where the open space requirement is more than 2.00 acres, the land setaside shall be required.

Where the land to be set aside is less than the amount required, the Township may accept payment of a fee in lieu of the balance of the requirement. In such cases, the calculation shall be as follows:

The Township shall determine the total area of eligible open space as that term is defined in § 281-47E to be set aside and the size of development (the number of dwelling units and/or the square footage of commercial or industrial space) for which that open space area would be sufficient.

The fee to be paid shall be based upon the difference between the result of the preceding calculation and the number of dwelling units (or commercial or industrial floor area) finally approved.

NOTE: For example, if a project proposing 80 dwelling units sets aside 2.00 acres ( 87,120 square feet) of eligible permanent open space, that amount of open space is sufficient for only 43.56 dwellings (87,120/2, 000 = 43. 56). The remaining fee to be paid is the amount required for 36.44 dwelling units (80 - 43.56 = 36.44).

Where land is to be set aside, the developer shall make provision for its permanent ownership and maintenance. Acceptable means of such provision include:

Dedication to the public sector, including the Township, Chester County, the Commonwealth of Pennsylvania, the federal government, or any agency of those entities. In such case, the Township may require documentation that the said agency is willing to accept the land and will maintain it in perpetuity as public open space.

Transfer of ownership to a conservation organization satisfactory to the Township. In such case, the Township may require documentation that the said agency is willing to accept the land and will maintain it in perpetuity as open space.

Permanent deed restriction from development with ownership and maintenance assigned to a management company, homeowners' association, or condominium association.

Other means as may be proposed by the developer and deemed acceptable by the Township.

Eligible open space. Lands set aside to meet this requirement should be configured to optimize the perception of being an open or natural area. Placing open spaces adjacent to other permanent open spaces on abutting properties is encouraged; narrow strips of land abutting private property should be avoided, unless designed to accommodate a recreational trail. The open space should be readily accessible to the occupants of the development, necessary maintenance equipment, and emergency service providers. In addition, open spaces eligible to be counted toward the requirements hereinabove shall be consistent with the following standards.

The required open space need not be provided as a single contiguous area, but open space areas of less than 2,000 square feet shall not be counted toward the minimum requirement.

Eligible open space may be landscaped or in a natural state. Structures and other improvements clearly related to recreational or leisure use may be permitted on eligible open space at the discretion of the Township, but in no event shall parking lots, streets, or access drives be included in the calculation of eligible open space, even if associated with a recreational use. In addition, the following areas shall be excluded from the calculation of eligible open space:

Street rights-of-way.

Utility rights-of-way and easements.

Required setback areas, including minimum street and property line setbacks as well as minimum separation distances required between buildings.

Areas occupied by surface stormwater management facilities, such as detention and retention basins and rain gardens. Where the area above a subsurface stormwater management facility is maintained as grass, meadow, or is otherwise landscaped, 50% of that area shall be deemed eligible open space.

Areas within the 100-year floodplain, hereby defined as Zones A and AE on the current Flood Insurance Rate Map.

Wetlands.

Lands with slopes in excess of 25%.

Areas previously set aside and preserved as permanent open space, whether by conservation easement, declaration, restrictive covenant, or other means.

Where land is set aside for public recreational trails, such land shall be deemed eligible open space even if it is within the 100-year floodplain, a wetland, or on slopes in excess of 25%.

Where the public trail corridor crosses (and with the cited environmental constraints, the eligible area shall be a twelve-foot-wide strip, measured six feet on each side of the trail center line.

Public trail corridors that have been identified on the Township's Bicycle and Pedestrian Plan shall be eligible.

Trail corridors not included in the Bicycle and Pedestrian Plan shall be eligible only if they will connect to an existing or planned public recreational trail and the developer agrees that the proposed trail will be available for use by the public.

Where the Township Zoning Ordinance[1] specifies a minimum open space requirement (such as for the residential cluster option), open space set aside to meet the zoning requirement shall count toward the requirement of this section to the extent that the said open space meets these standards of "eligible open space." If the open space set aside to meet the Zoning Ordinance requirement is insufficient to satisfy this section, then additional eligible open space shall be provided or the developer must pay a fee as provided for above.

Editor's Note: See Ch. 325, Zoning.

Credit toward fee in lieu of open space.

When a developer agrees to construct recreational facilities that will be available and accessible to the public without a fee, reasonable costs of design, engineering, and construction of those facilities (subject to review and approval by the Township as acceptable) shall be credited toward the fees required pursuant to § 281-47B and C, above. Where the said facilities are on the developer's property, this credit shall be in addition to credit received for the land occupied by the facilities.

Recreational facilities eligible for credit must be available and accessible to the public without a fee and may include but are not necessarily limited to:

Recreational trails identified on the Township's Bicycle and Pedestrian Plan.

Pedestrian trails and sidewalks identified on the Township's Bicycle and Pedestrian Plan that are not on the developer's property.

Recreational trails not on the Township's Bicycle and Pedestrian when they connect to an existing or planned public recreational trail.

Permanent improvements and facilities for recreational use.

In the event that the Township grants credit toward the fee in lieu of open space as provided for hereinabove, and the facility for which credit was granted is subsequently removed, demolished, or reduced; or if public access is prohibited, unreasonably limited, or made subject to payment of a fee, the owner of the said facility shall, within 30 days of notice by the Township, pay to the Township an amount equivalent to the credit granted, adjusted according to the Consumer Price Index to the most recent available date as of the date of the said notice. Should the owner fail to make payment within the time specified, the Township reserves the right to implement collection procedures as provided for in Chapter 33 of the West Whiteland Township Code.

Town Center District. The Town Center Zoning District is intended to accommodate the highest density of development in the Township. As such, this open space requirement may at times be found to conflict with the purpose of the Town Center District. For this reason, where the open space requirement is more than 2.00 acres, the land set-aside shall be preferred, but not required, and the following improvements may count toward the required fee in lieu of open space, in addition to those described above, but only for projects in the Town Center district.

Design, engineering, and construction costs of outdoor spaces available and accessible to the public. Such spaces may be landscaped or hardscaped, and may include gathering spaces, performance spaces, water features, improvements to facilitate safe crossing of public streets by pedestrians and bicyclists, and other permanent features deemed by the Township to be appropriate and contributing to the Township's quality of life.

Design, engineering, and construction costs directly related to the installation of living architecture ( i.e., features commonly known as green roofs and green walls) consistent with the standards of the Green Infrastructure Foundation.

Twenty-five percent of the construction cost of permanent recreational facilities not available to the public or which are available to the public for a fee.

§ 281-48 Lighting control.

[Amended 12-8-1998 by Ord. No. 277; 3-10-2004 by Ord. No. 310; 12-8-2021 by Ord. No. 466]

Purpose. The standards established in this section set forth criteria for:

Providing lighting in outdoor public places where public health, safety and welfare are potential concerns;

Controlling glare from nonvehicular light sources that shine directly into drivers' and pedestrians' eyes and thereby impair their safe traverse;

Protecting neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied or shielded light sources;

Promoting energy-efficient lighting design and operation; and

Protecting the intended character within West Whiteland Township.

Applicability.

Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and/or traverse; including but not limited to multiple family dwelling, commercial, industrial, public recreational, and institutional uses.

The Board of Supervisors may require lighting to be incorporated for other uses or locations or may restrict lighting in any of the above uses as they deem necessary.

Criteria.

Illumination levels. Illumination, where required by this section, shall be intensities and uniformity ratios in accordance with the current recommended practices of the "Illuminating Engineering Society of North America ('IESNA') Lighting Handbook," from which typical uses and tasks are herein presented:

Use/Task	Maintained Footcandles	Uniformity Average Minimum
Streets, local residential	0.4 Avg.	6:1
Streets, local commercial	0.9 Avg.	6:1
Parking, residential, multifamily low vehicular/pedestrian activity	0.2 Min.	4:1
Medium vehicular/pedestrian activity	0.6 Min.	4:1
Parking, industrial/commercial/institutional/municipal
High activity, e.g., regional shopping centers/fast food facilities, major athletic/civic/cultural events	0.9 Min.	4:1
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 Min.	4:1
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 Min.	4:1
Walkways and bikeways	0.5 Avg.	5:1
Building entrances	5.0 Avg.	—

NOTES:
(1)	Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
(2)	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4).

Fixture design.

Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Board of Supervisors.

For lighting of predominantly horizontal tasks such as, but not limited to, roadways, pathways, parking, merchandising and storage, automotive fuel dispensing, automotive sales, loading docks, active and passive recreation, building entrances and sidewalks, fixtures shall meet full-cutoff criteria.

For the lighting of nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, fountains, displays, flags, and statuary, the use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes, and other fixtures not meeting cutoff criteria, shall be permitted only with the approval of the Board of Supervisors, based upon acceptable glare control.

When necessary to redirect offending light distribution, fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors, or hoods.

Control of nuisance and disabling glare.

All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare), and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property (light trespass and nuisance glare).

Floodlights or spotlights, when permitted, shall be so installed and aimed that they do not project their output into the window of a neighboring residence, an adjacent use, skyward or onto a roadway.

Unless otherwise permitted by the Board of Supervisors, lighting shall be controlled by automatic switching devices such as timers, motion detectors and/or photocells, to extinguish offending sources between 11:00 p.m., or one hour following close of business, whichever comes first, and dawn to mitigate glare and sky-lighting consequences. Where all-night safety or security lighting is deemed necessary, the lighting intensity levels shall generally not exceed 25% of the levels normally permitted by this chapter, but in no case shall they be less than the minimum levels for safety or security as invoked by IESNA.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as full-cutoff fixtures, shields and baffles, and appropriate application of mounting height, wattage, aiming angle, fixture placement, etc.

The amount of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle measured line-of-sight from any point on the adjacent residential property.

The amount of illumination projected onto any nonresidential property line from another property shall not exceed 1.0 vertical footcandle measured line-of-sight from any point on the property.

Lighting fixtures used to light the area under outdoor canopies, including but not limited to those used at automotive fuel-dispensing facilities, bank drive-through lanes, marquees and building entrances, shall have flat lenses and have no light emitted from the side of the fixture. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial footcandles, with no value exceeding 30 footcandles.

When flags are to be illuminated all night, only the U.S. and state flags shall be permitted to be illuminated from dusk until dawn, and each flagpole shall be illuminated by a single source with a beam spread no greater than necessary to illuminate the flag(s). Flag-lighting sources shall not exceed 20,000 lumens per flagpole.

(i)

The correlated color temperature of LED sources in residential areas shall not exceed 2,700K and shall not exceed 3,000K in all other areas.

(j)

Luminaire, backlight, uplight, and glare zone light distribution ratings: back very high (BVH) and forward very high (FVH) zonal output shall not exceed 240 lumens in residential areas or 375 lumens in all other areas.

Security lighting. The Township may require that grade-level windows be internally or externally illuminated during hours of darkness to facilitate police determination if a break-in has occurred.

Installation.

Fixtures meeting full-cutoff criteria shall not be mounted in excess of 20 feet above the finished grade ("AFG") of the surface being illuminated, except that the Township may approve upon request a fixture height of not more than 25 feet AFG for nonresidential parking lots with 100 or more parking spaces. Fixtures not meeting full-cutoff criteria, when their use is permitted by the Board of Supervisors, shall not be mounted in excess of 15 feet AFG.

Fixtures used for general area lighting shall be aimed to project their output straight down, unless otherwise approved.

Electrical feeds to lighting standards shall be underground.

Lighting standards directly behind parking spaces shall be placed a minimum of five feet behind the curb face or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means.

Fixtures used for architectural lighting, e.g., facade, feature and landscape lighting, shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.

Maintenance. Lighting fixtures shall be maintained to meet the requirements of this section at all times.

Plan submission. Lighting plans submitted for review and approval shall include:

Layout of the proposed fixture locations;

Ten foot by ten foot illuminance grid (point-by-point) plots carried out to 0.0 footcandle, which demonstrate compliance with the light trespass, intensities and uniformities set forth in this chapter or as otherwise required by the Township. The lamp-lumen rating and nomenclature, source correlated color temperature, light-loss factors, and IES photometric file names used in calculating the illuminance values shall be documented on the plan;

Description of the equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, control devices, mounting heights, pole foundation details and mounting methods proposed; and

When requested by the Township, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate glare.

Plan notes. The following notes shall appear on the lighting plan:

The Township reserves the right to conduct one or more post-installation nighttime inspections to verify compliance with the requirements of this section and, if appropriate, to require remedial action at no expense to the Township.

Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval prior to installation.

Compliance monitoring.

Safety hazards.

If the Township judges that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be so notified and required to take remedial action within a specified period of time.

If appropriate corrective action has not been effected within the specified time period, the Township may take appropriate legal action.

Nuisance glare and inadequate illumination levels.

When the Township judges that an installation produces unacceptable levels of nuisance glare, light trespass, or skyward light or that illumination levels are insufficient or not being maintained in accordance with this section, the Township shall cause notification of the person(s) responsible for the lighting and require remedial action.

If the infraction so warrants, the Township may act to have the problem corrected as in Subsection F(1)(b).

Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this ordinance[1] that does not comply with the regulations of this section shall be deemed legally nonconforming. However, such fixtures and installations shall be made conforming when:

It is converted to or replaced by an LED luminaire;

The existing fixture is replaced, relocated, or abandoned;

Minor corrective action, such as re-aiming or adding shielding, will achieve compliance;

The number of fixtures is increased; or

The Township declares a fixture or installation to be a hazard to the public health, safety, or welfare.

Editor's Note: "[T]his ordinance" refers to Ord. No. 466, adopted 12-8-2021.

Streetlighting dedication.

The Township may, but shall not be required to, accept dedication of streetlights in the instance of said lighting being in the right-of-way of a street dedicated to the Township. Streetlights may be accepted along with the acceptance of the street.

Until such time that the streetlights are 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 are not limited to, administration, placement, power supply, and maintenance.

§ 281-50 Access to subdivision or land development.

Streetlights not dedicated to the Township will remain the responsibility of the developer or appropriate private entity the lights are turned over to. Said private entity shall then assume all costs and responsibilities for the lighting in perpetuity.

§ 281-49 Guide rail.

[Amended 12-8-1998 by Ord. No. 277]

Streets shall be designed to preclude or minimize the need for guide rail. The Board may, however, require guide rail to be placed for protection on embankments when a barrier is required in Design Manual Part 2 Highway Design by the Pennsylvania Department of Transportation, latest edition.

Effort shall be made to lessen the number of fixed obstructions along streets which would require guide rail. The Board may require, however, guide rail to be placed when a barrier is required for fixed objects in Design Manual Part 2 Highway Design by the Pennsylvania Department of Transportation, latest edition.

The design and selection of guide rail shall generally be in accordance with the standards in Design Manual Part 2 Highway Design, latest edition, however, the Board may approve other guide rail systems.

[Amended 12-8-1998 by Ord. No. 277]

For all subdivisions and land developments for which only one means of ingress and egress is proposed, the Township may require, where deemed necessary in the public interest and for the public safety, the provision of additional accessways or the provision of an alternate means of ingress and egress which could be used by emergency vehicles if the primary means of ingress and egress were rendered unusable. Such alternate means of ingress and egress shall be of such width and improved to such an extent to be usable by emergency vehicles, and shall not be used for structures, trees, or similar obstructions.

§ 281-51 Easements.

[Amended 12-8-1998 by Ord. No. 277; 3-10-2004 by Ord. No. 310; 12-8-2021 by Ord. No. 466]

All utilities, including but not limited to sanitary sewers; stormwater sewers; stormwater conveyance, drainage and infiltration swales, basins and areas; electric; gas; water; telephone; and cable shall be located in areas to be offered for dedication to the Township or easements over private property. All such areas and easements shall be clearly depicted on and identified by notes on the plans. The deeds for private properties subject to utility easements shall contain a specific reservation for the easements, in form and substance satisfactory to the Township. The Township may require such deeds to be provided for review prior to or as a condition of final approval of the land development plan. The perpetual maintenance, repair, and replacement of all utilities not accepted for dedication by the Township or other entity acceptable to the Township shall be the responsibility of individual or an association of private property owners. An agreement memorializing the foregoing responsibility, in form and substance satisfactory to the Township, shall be submitted for review prior to or as a condition of final approval and recorded in the Office of the Chester County Recorder of Deeds with the approved plan.

No landscaping shall be installed within easements or dedicated areas unless agreed to by the Township. No buildings or other structures shall be placed within easements or dedicated areas without the express consent of the Township. Easements and dedicated areas shall be a minimum of 20 feet wide, and utilities shall be centered in the easement or dedicated area insofar as practicable. A wider easement or dedicated area may be required depending upon the depth and slope of the utility.

§ 281-52 Mobile home parks. [1]

[Amend 12-8-1998 by Ord. No. 277]

Mobile home parks shall comply with all the requirements for mobile home parks established in Chapter 325, Zoning.

Each mobile home shall be placed on a lot which has frontage on and direct access to a street within the mobile home park and shall be located to provide safe and convenient access for servicing and fire protection.

The limits of each mobile home lot shall be clearly marked on the ground by permanent markers.

A minimum of two off-street parking spaces, each at least 10 feet by 20 feet in size, shall be provided on each mobile home lot.

Foundation.

Each mobile home space shall be provided with a foundation that will not heave, shift, settle, or move due to frost action, inadequate drainage, vibration or other forces acting on the foundation. The foundation shall be of adequate size, material, and construction so as to be durable and adequate for the support of the maximum anticipated loads during all seasons of the year. Each mobile home space shall be equipped with utility connections. Any open spaces between a mobile home floor and a mobile home foundation shall be enclosed to prevent unauthorized entry and to conceal supports and utility connections. Every mobile home shall be anchored to the foundation to prevent overturning or uplift. The anchorage shall be adequate to withstand wind forces and uplift as specified in the Township Building Code.[2]

Editor's Note: See Ch. 129, Construction Codes, Uniform.

The application for placement of each mobile home shall be accompanied by specifications for the foundation and anchoring and calculations indicating that the foundation and anchoring are adequate to meet the standards of this section.

All mobile home parks shall comply with the requirements for mobile home parks established by the Pennsylvania Department of Environmental Protection.

Pedestrian circulation system.

All mobile home parks shall contain a pedestrian circulation system which shall be designed, constructed, and maintained for safe and convenient movement from all mobile home spaces to principal destinations within the park and, if appropriate, shall provide safe and convenient access to pedestrian ways leading to destinations outside of the park. Principal destinations include such uses as recreation areas, service buildings, and management offices. All pedestrian walks shall have a minimum width of four feet and shall be paved (six inches crushed aggregate base course, 1 1/2 inches ID-2 binder course, one inch ID-2 wearing course). In addition, the walks shall be provided with lighting units spaced, equipped, and installed to allow safe movement of pedestrians at night.

In addition, all mobile home lots shall be connected to a sidewalk system by individual walks a minimum of two feet in width.

All service and accessory buildings, including management offices and indoor recreation areas, shall conform to the requirements of the Township Building Code.[3] Attachments to mobile homes in the form of sheds and lean-tos are prohibited.

[3]

Editor's Note: See Ch. 129, Construction Codes, Uniform.

The mobile home park shall have a structure designed and clearly identified as the office of the mobile home park manager.

Service and accessory buildings located in a mobile home park shall be used only by the occupants of the park and their guests.

Ground surfaces in all parts of a mobile home park shall be paved or covered with grass or other suitable vegetation capable of preventing soil erosion and the emanation of dust.

Park grounds shall be kept free of vegetative growth which is poisonous or which may produce pollen or harbor rodents, insects, or other pests harmful to man.

The ground surface in all parks of a mobile home park shall be graded and served by a storm drainage system such that all surface water will be drained in a safe and efficient manner.

Solid waste and vector control and electric distribution system.

The storage, collection, and disposal of solid waste from the mobile home park shall be the responsibility of the mobile home park operator. The park shall be kept free of liter and rubbish at all times.

The storage, collection, and disposal of solid waste shall be conducted so as to prevent insect and rodent problems.

All solid wastes shall be stored in Township-approved flytight, rodentproof and watertight containers, and these containers shall be maintained in a clean condition.

Solid wastes containers shall be distributed throughout the mobile home park in adequate numbers and be readily accessible to the mobile home spaces in use.

Exterior storage areas for solid wastes shall be completely screened on three sides with evergreen plantings.

Adequate measures shall be taken by the operator of the mobile home park to prevent an infestation of insects and rodents.

Every mobile home park shall be provided with an electrical distribution system to which every mobile home and service building shall be connected. Such system and connections shall be installed, inspected, and maintained in accordance with the specifications and rules of the appropriate utility company, the Township, and the state. The appropriate electric utility shall inspect all transformers and underground connections to all mobile homes located within mobile home parks and shall attach its dated tag of approval to each mobile home at a visible location before any mobile home is occupied.

(8)

Underground electric distribution lines are to be installed in all mobile home parks.

In addition to providing all information required by Article III, Plan Requirements, of this chapter, the plans for any mobile home park shall show a complete park layout, showing lot sizes and dimensions; the placement of each mobile home, parking spaces, patios, and accessory buildings on each lot; provisions for storage, collection and disposal of solid waste; pedestrian circulation system; a landscaping plan for the entire site; location and building plans of all service and accessory buildings; recreation facilities; an electrical and lighting plan for the entire site; details for all improvements, including but not limited to parking areas, walkways, and driveways; and provisions for fire protection.

Mobile home parks shall comply with all the subdivision design standards in Article IV of this chapter.

The construction and guarantee of improvements within a mobile home park shall be in accordance with Article V of this chapter. Improvements within a mobile home park will not be accepted for dedication by the Township.

Certificate of registration.

It shall be unlawful for any person to maintain, construct, alter, or extend any mobile home park within the Township unless he holds a valid certificate of registration issued by the Pennsylvania Department of Environmental Protection.

Proof that a valid certificate of registration from the Pennsylvania Department of Environmental Protection is held shall be submitted to the Township each year.

Every person holding a certificate of registration shall file notice in writing to the Pennsylvania Department of Environmental Protection and the Township within 10 days after having sold, transferred, given away, or otherwise having disposed of interest in or control of any mobile home park.

Operating mobile home park.

Before the area, number of mobile home spaces, road system, service facilities, sewer facilities, water facilities, or any other aspect of a mobile home park which is regulated by this Chapter may be altered or expanded, this alteration or expansion shall be submitted for review and action by the Township pursuant to the provisions of Article II of this chapter.

The operator of a mobile home park shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition.

A register containing the names of all park occupants, the make, model, and serial number of each mobile home, the date of arrival of each mobile home in the park, and the lot number upon which the mobile home is parked, and the date of departure from the park shall be maintained by the operator of the park. The register shall be available to any person whom the Township authorizes to inspect the park and shall be kept within the office of the mobile home park manager.

No space within a mobile home park shall be rented for periods of less than 180 days.

Streets.

Streets connecting the mobile home park to public streets shall be designed to collector street standards.

At least 500 feet shall separate streets connecting a mobile home park to a public street.

A streetlighting system shall be provided for all mobile home parks.