Township of East Brandywine, PA Design Standards

The Manual of Written and Graphic Design Guidelines for traditional neighborhood development that is attached to the East Brandywine Township Zoning Ordinance and made a part thereof as Appendix B shall govern all development within any proposed traditional neighborhood development.

Any deviation from the Manual of Written and Graphic Design Guidelines in a proposed traditional neighborhood development shall first require approval of the Board of Supervisors. The Board shall rule upon each request to deviate from the Manual of Written and Graphic Design Guidelines within 60 days of submission of a written request.

§ 350-27 Land requirements.

Land shall be suited to the purposes for which it is to be subdivided or developed. Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.

No land shall be developed for residential purposes unless all hazards to life, health, or property from flood, fire, and disease shall have been eliminated or unless the plans for the development shall provide adequate safeguard against such hazards.

No plan of subdivision or land development shall be approved which would result in lots or land use, or which would in any other way be, inconsistent with the Township Zoning Ordinance then in effect[1] for the zoning district in which the land to be developed or subdivided is located.

Editor's Note: See Ch. 399, Zoning.

§ 350-28 Blocks.

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

Provision of adequate sites for buildings of the type proposed.

Topography.

Requirements for safe and convenient normal and emergency vehicular and pedestrian circulation.

Thoughtful and innovative design to create an attractive community and opportunities for the utilization of solar energy.

There shall be no minimum or maximum requirements for length of blocks, except that the length(s) proposed shall not result inappropriate traffic patterns, unnecessary disturbance to topography or other natural constraints, or any other conditions deemed unsatisfactory and/or unsafe by the Board. In design of blocks longer than 1,000 feet, special consideration should be given to access for fire protection, whether by an easement for emergency access or by other acceptable means.

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are used.

§ 350-29 Lots and lot sizes.

Lot dimensions and areas and minimum front yard setbacks shall not be less than as required by Chapter 399, Zoning, as it may be amended from time to time.

Except as provided in Subsection F below, all lots shall have frontage on and direct access to a street, existing or proposed.

[Amended 8-18-1997]

In general, side lot lines shall be substantially at right angles or radial to street lines. The Township shall encourage flexibility in lot layout so that the siting of buildings takes maximum advantage of solar energy, e.g., the orientation of buildings with their long axis generally in an east-west direction.

All proposed lots abutting an existing or proposed arterial, collector, or local road shall be designed as reverse frontage lots having direct access only to a local road. All such lots shall be provided with a minimum rear yard of 80 feet from the street line of any existing arterial, collector, or local road. This requirement may be waived by the Board of Supervisors if, in its judgment.

[Amended 11-29-2018 by Ord. No. 06-2018]

The advantages to the Township of compliance with this standard are outweighed by the applicant's resulting inability to meet other requirements of this chapter or Chapter 399, Zoning (minimum dimensions, layout of lots, disturbance of slopes, etc.); or

Compliance would be unreasonable or impractical due to the size of the proposed development, configuration of the site, etc.

House numbers and street names shall be assigned to each lot by the Township in accordance with established Township methods.

Interior lots.

No more than two contiguous interior lots shall be formed. The creation of such lots shall be minimized and limited to those circumstances dictated by the configuration of the site; however, the applicant shall not be permitted to use interior lot design to avoid constructing or extending streets.

No more than two lots in depth (i.e., one tier of interior lots) shall be created along a new or existing street; access to any other lots shall be directly from a new street.

An interior lot shall have an access strip which connects to a street and which has a minimum width of 50 feet for its entire depth.

Where two contiguous interior lots are to be served by a common driveway, only one fifty-foot access strip shall be required to serve both lots. Such access strip, in its entirety, shall be included within the property lines of one of the interior lots. The second lot need not contain an access strip as part of its fee title, but shall be provided an easement that guarantees access by means of the common driveway on the adjacent interior lot. Terms of the easement and of a required declaration for common driveway shall be subject to review and approval by the Township. All aspects of design, construction, management, and maintenance of the common driveway shall be as specified in § 350-40 of this chapter.

[Added 2-17-1997]

Minimum lot area and other dimensional requirements shall be those of the applicable zoning district and shall be measured on that portion of the lot exclusive of the access strip.

For any lot proposed to front on the curved portion of a street, including a cul-de-sac street, the required minimum lot width must be obtainable at some point on the lot measurable on a line generally parallel to the street and at a radial distance from the street line which shall be dimensioned on the plan and which shall be deemed the setback line for that lot.

[Amended 5-1-1996]

On a cul-de-sac street, no more than three driveways may front on or obtain access from the bulb portion of the cul-de-sac or its return radii.

[Added 5-1-1996]

Access and traffic control. To minimize traffic congestion and hazard, control street access, and encourage orderly development of street highway frontage, the following regulations shall apply.

[Added 11-29-2018 by Ord. No. 06-2018]

Unless clearly impractical or inappropriate, lots which abut two or more streets shall have direct access only to a street of lesser functional classification, as defined by this chapter and delineated on the Township functional classification map.

No more than one point of ingress/egress from/to a public street shall be permitted per street frontage for any tract, except that a tract with more than 500 feet of frontage on a public street may have a second access point on that street. The second access point shall be located not less than 300 feet from the first, as measured from center line to center line.

Provision shall be made for safe and efficient ingress and egress to and from public streets, without undue congestion or interference with normal traffic flow within the Township. The developer shall be responsible for the design, construction, and costs of any necessary traffic control devices and/or highway modifications required by the Township and/or the Pennsylvania Department of Transportation.

In addition to the above requirements, all uses of land shall comply with the applicable standards for street intersections contained in Article VI, Design Standards, of this chapter.

§ 350-30 Street system.

[Amended 12-30-2004 by Ord. No. 04-08]

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, and shall be classified according to their function.

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

Thoughtful and imaginative design of streets and their relationship to the arrangement and slope of lots is required. Streets shall be logically related to the topography so as to produce usable lots, curvilinear design where appropriate, reasonable grades, proper alignment and drainage; to provide for adequate vision; and to enhance opportunities for the utilization of solar energy. Streets shall be designed to minimize cuts, fills and to maximize the existing environment features while managing negative impact. All streets shall be designed with the utmost safety considerations.

Insofar as possible, streets on which structures are proposed to front shall be oriented in a general east-west direction, so as to provide the maximum number of structures with southern exposure and to provide the opportunity for solar utilization. Street layout should maximize south-facing slope.

Minor collector and local streets shall be laid out so as to discourage through traffic, but provisions for street connections into and from adjacent areas may be required by the Board. Additionally, provisions for emergency vehicle access shall be provided.

If lots resulting from original 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 as necessary, to be no less than the rights-of-way then required for minor collector or local streets.

Where a subdivision or land development abuts or contains an existing or proposed major collector or arterial street, the Board may require dedication of an 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 treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street, and separation of local and through traffic.

Where warranted because of additional traffic, drainage, or comparable problems/conditions, both sides of said major street are to be improved as a responsibility of the applicant himself or by means of sufficient funds escrowed for use by the Township to execute such improvement.

New half or partial streets shall not be permitted except where essential to reasonable development of a tract in conformance with the other requirements and standards of this chapter and where, in addition, dedication of the remaining part of the street has been secured.

Wherever a tract to be developed borders an existing half or partial street, the other part of the street shall be plotted within such tract. Where new half or partial streets are proposed, the acceptance of final plans shall be conditioned upon the provision of guarantees assuming the construction or completion of such streets to Township standards.

Dead-end streets shall be prohibited. Any street not designed as a through street shall be designed to Township cul-de-sac requirements. When a street can provide for future extension to an adjacent property that can be developed, the cul-de-sac bulb shall be designed in accordance with § 350-31B.

Continuations of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names for existing streets in the region. Where streets continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such designs with both municipalities to avoid abrupt changes in cartway width or in improvements provided.

New streets shall be laid out to continue existing streets at equal or greater width, as regards both cartway and right-of-way, where such continuations are reasonable and practical. Minimum widths shall be as established in § 350-32 below.

The ultimate right-of-way of a street shall be shown in any subdivision and/or land development plans per § 350-32A or as required for PADOT roads.

Streets shall be designed for the safe passage of all emergency vehicles in East Brandywine Township and adjacent municipalities and shall be approved by the Board of Supervisors after considering the recommendations of the Fire Marshal.

Any person who proposes access to the right-of-way of a state highway is required to obtain a highway occupancy permit from the Pennsylvania Department of Transportation. Prior to the issuance of a permit, the Township shall review the application and forward their comments to PennDOT.

The Board may require traffic calming in accordance with PennDOT Publication 382, Pennsylvania's Traffic Calming Handbook, as amended, and per the direction of the Township Engineer, and recognizes relief may be warranted from other Code requirements.

[Added 11-29-2018 by Ord. No. 06-2018]

§ 350-31 Cul-de-sac streets.

[Amended 12-30-2004 by Ord. No. 04-08]

Cul-de-sac streets permanently designed as such shall neither serve more than 20 dwelling units nor be less than 250 feet or exceed 1,000 linear feet in length, measured from the edge of cartway of the intersecting street. Cul-de-sac streets shall be provided at the closed end with a paved turnaround having a minimum diameter to the outer pavement edge of 80 feet and a minimum diameter of 100 feet to the right-of-way line.

Culs-de-sac shall be designed generally as permanent single-access streets with no provision for future extension. In such cases that the Board finds the opportunity for future extension to be desirable, however, the turnaround right-of-way of a symmetrical-type cul-de-sac street shall be placed on the boundary line, creating a fifty-foot segment across the right-of-way bulb. A traffic-calming device in the form of an island may be placed concentrically in the center of the cul-de-sac cartway, in order to reduce the speed of traffic through the cul-de-sac bulb. The minimum cartway around the bulb shall be 14 feet. The future extension shall be as shown on the "Cul-de-Sac Street for Future Extension Detail" in Appendix A.[1]

Editor's Note: Appendix A is included at the end of this chapter.

The turnaround portion of a cul-de-sac street shall have a maximum slope of 5% across the diameter in any direction.

Cul-de-sac streets with center-line slopes less than 2%, which are level or nearly so across the diameter perpendicular to the center line, must be graded so that there is a minimum two-percent fall in all drainage swales around the cul-de-sac.

Drainage of culs-de-sac shall be directed to flow along the curbline. Drainage shall be toward the open end of the cul-de-sac whenever possible. The paved cul-de-sac shall be provided with a crowned or cross-slope surface of 1/4 inch per one foot. Superelevated culs-de-sac shall be prohibited.

§ 350-32 Street width.

[Amended 12-30-2004 by Ord. No. 04-08]

All engineers designing streets pursuant to this section and the following §§ 350-33 through 350-38 shall refer to "Guidelines for Design of Local Roads and Streets," Publication 70, and to "Highway Design Manual, Part 2," of PennDOT for standards pertaining to the road classification and design speed under consideration.

The minimum right-of-way and cartway widths for all new streets in the Township shall be as follows:

[Amended 11-29-2018 by Ord. No. 06-2018]

Type of Street	Right-of-Way (feet)	Cartway (feet)
Arterial	100	PennDOT standard
Major collector	80	26; 38 (with required center lane for left turns)
Minor collector	80	24
Local	50	20
Private	50	18

NOTES:

* All PADOT minimum cartway and right-of-way requirements shall apply along all PADOT roads of any classification.

Minimum cartway widths, as established herein for most residential streets, are not designed to accommodate on-street parking. Additional right-of-way and cartway widths may be required by the Board for the following purposes:

To promote public safety and convenience.

To provide parking space in commercial districts and in areas of high-density residential development.

To accommodate special topographic circumstances which may result in cut-fill slopes extending beyond the standard right-of-way width. These should be included within the right-of-way in all circumstances to assure accessibility for maintenance operations.

Rights-of-way of lesser width than prescribed in this section shall not be permitted.

Subdivisions abutting existing streets shall provide, for dedication, the minimum right-of-way widths for those streets in accordance with the provisions of this section.

Streets in tract utilizing traditional neighborhood development.

[Added 8-19-2015 by Ord. No. 05-2015]

For a tract utilizing the traditional neighborhood development provisions of the East Brandywine Township Zoning Ordinance, streets shall provide on-street parking on both sides of the street and shall have a cartway width of 36 feet and a right-of-way width of 60 feet; design of the street shall be in accordance with the Manual of Written and Graphic Design Guidelines as appended to the Zoning Ordinance.[1]

Editor's Note: Said Guidelines are included as an attachment to Ch. 399, Zoning.

Where the Board of Supervisors, at its sole discretion, allows a street to have on-street parking on only one side of the street, the cartway width may be reduced to 28 feet and the right-of-way width reduced to 48 feet. Design of the street shall be in accordance with the Manual of Design Guidelines as appended to the Zoning Ordinance.

§ 350-33 Horizontal street alignment.

[Amended 12-30-2004 by Ord. No. 04-08]

All deflection of street lines shall be connected by use of horizontal curves.

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

Local streets: 250 feet.

Collector streets: 750 feet.

Arterial streets: 850 feet.

A tangent shall be required between curves; however, a long radius curve shall be preferred in all cases to a series of curves and tangents. Tangents of at least 100 feet shall be required between reverse curves.

Superelevation (commonly known as "banking a curve") shall be required when curve radii are less than 600 feet on arterial or collector streets.

§ 350-34 Vertical street alignment.

[Amended 12-30-2004 by Ord. No. 04-08]

Center-line grades shall be not less than 1%.

Center-line grades shall not exceed 7%, except that a maximum grade of 10% on local streets may be permitted for distances not greater than 200 feet where natural contours provide conditions for minimal grading at the steeper grade.

Vertical curves.

Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change (at a rate no more abrupt than a one-percent change in grade per 25 feet along the center line), provided that the following minimum design speeds are maintained:

Local street, crest vertical curve, minimum design speed: 35 mph.

Collector street, crest vertical curve, minimum design speed: 50 mph.

Arterial street, crest vertical curve, minimum design speed: 60 mph.

Vertical curves shall not produce excessive flatness in grade. There shall be no dips, cross-gutter bumps, or humps in the paving.

Under no conditions will maximum grades be permitted with minimum curve radii.

Where the grade of any street at the approach to an intersection exceeds 4%, a leveling area shall be provided having not greater than four-percent grades for a distance of 40 feet, measured from the nearest right-of-way line in the intersecting street.

§ 350-35 Street intersections.

[Amended 12-30-2004 by Ord. No. 04-08]

Right-angle intersections shall be used whenever practicable, especially when local residential streets empty into collector or arterial streets. There shall be no intersection angle of less than 60°, measured at the center line.

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

To the fullest extent possible, intersections with arterial streets shall be located not less than 1,000 feet apart, measured from center line to center line. Exceptions shall be those cases deemed by the Board to require close spacing without endangering the public's safety.

Streets entering from opposite sides of another street shall either be directly across from each other or offset by at least 200 feet on local and collector and 400 feet on arterial streets, measured from center line to center line.

A minimum paving radius of 30 feet shall be provided at all intersections. The Board may increase the required radii where it considers such design advisable at intersections involving arterial streets.

All necessary street name signs and traffic control signs shall be the responsibility of the applicant to provide and erect. The street signs shall be in accordance with PennDOT Publication 236, with black background/white letters, unless a private street, where the sign should be blue background/white letters. Street signs shall be erected before the Township accepts dedication of the street and before the issuance of any certificates of occupancy on that street.

[Amended 11-29-2018 by Ord. No. 06-2018]

Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the center-line grade of intersecting streets. Each side of the sight triangle shall be a minimum of 75 feet, measured from the point of intersection along each road center line.

Intersections shall be controlled by STOP signs, except that one through street may be designated for each intersection or by traffic signals as may be required under Subsection F above.

In designing all street intersections, sight distance dimensions shall be consistent with PennDOT Publication 70M, as amended.

[Amended 11-29-2018 by Ord. No. 06-2018]

The Board may require that roundabouts be considered at all new or improved intersections. Specific emphasis should be placed on intersections that meet traffic signal or multiway stop control warrants, and intersections where bicycle and/or pedestrian traffic is anticipated. Roundabouts shall be designed in accordance with PennDOT and FHWA guidelines.

[Amended 11-29-2018 by Ord. No. 06-2018]

§ 350-36 Acceleration, deceleration and turning lanes.

[Amended 12-30-2004 by Ord. No. 04-08]

Deceleration or turning lanes shall be required by the Township along existing and proposed streets for all new developments to meet reasonable safety needs, whether or not determined by a traffic impact study or by PADOT standards to be required.

Deceleration lanes shall be designed to the following standards:

The lane shall have a minimum width of 12 feet or, in the case of intersections with state highways, such width as is required by the applicable regulations and standards of PennDOT.

The lane shall provide the full required lane width for the entire length, which shall be measured from the center line of the intersecting road. In addition, there shall be a seventy-five-foot taper provided at the beginning of the lane so that traffic can leave the main traveled lane smoothly.

The minimum lane length shall be as follows:

Design Speed of Road (mph)	Minimum Deceleration Lane Length (feet)
30	165
40	275
50	300

Acceleration lanes are required only when the need is indicated by a traffic impact study. The design shall be as per the recommendation of the Township Engineer. As necessary, a paved taper shall be provided for right-hand turns.

Additional right-of-way for the construction of acceleration and deceleration lanes may be required to be provided as determined by the Board.

§ 350-37 Traffic impact study.

[Amended 12-30-2004 by Ord. No. 04-08]

The applicant for any residential subdivision or land development proposed to contain 50 or more dwelling units, or for any nonresidential land development, shall prepare and submit a traffic impact study. The study shall include, but not necessarily be limited to, an analysis of expected traffic generation to, from, and upon surrounding roads within a radius of 1/2 mile from the proposed development site, particularly showing a.m. and p.m. peak hours of existing traffic flow during a normal business day, in comparison with that which is anticipated after the proposed development is fully completed and, if applicable, upon the completion of each stage. Existing traffic flows shall be based on actual counts; if these are not available, then an alternative source must be fully cited and deemed acceptable by the Township.

§ 350-37.1 Traffic signals.

[Added 7-6-2006 by Ord. No. 02-2006]

Any and all traffic signals and related equipment which shall be installed as a part of subdivision or land development in the Township shall comply with official Township specifications for traffic signals as adopted by resolution of the Board of Supervisors from time to time.

§ 350-38 Street construction.

[Amended 5-1-1996; 12-30-2004 by Ord. No. 04-08]

All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of the PennDOT Specifications, Publication 408, latest revision, unless otherwise specified.

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.

All unsuitable subgrade materials shall be removed or stabilized.

Encroachment into wetland areas or the Floodplain District, where unavoidable, shall be done only after all required permits for such encroachment are obtained from the Department of Environmental Protection, FEMA, United States Army Corps of Engineers or other such agency having jurisdiction over such areas. The proposed method of subgrade preparation for such areas shall be detailed on the subdivision or land development plan.

Fill material shall be suitable and thoroughly compacted for its full width in uniform layers of not more than six-inch thickness.

The subgrade shall be thoroughly compacted by rolling with a minimum ten-ton vibratory roller and/or a sheepsfoot roller for each six-inch layer over the entire width of the subgrade or fill embankment being placed. Prior to placement of the base course, the prepared subgrade shall be proof-rolled with a loaded triaxle supplied by the contractor in the presence of the Township Engineer and/or Inspector and shall be approved by same.

The density of the subgrade shall not be less than 95% of the determined dry-mass density using the Modified Proctor Test.

If the stability of the subgrade cannot be obtained, it shall be excavated to the required depth. When replaced, it will be compacted and stabilized to the satisfaction of the Township Engineer and/or Inspector to the required density.

Backfill for trenches (shoulder to shoulder) shall be PennDOT 2A stone.

Subbase, where required or as directed by the Engineer, shall be six-inch minimum depth, together with pavement base drains. Subbase shall be used at all times with bituminous concrete, cement aggregate and bituminous aggregate base courses.

Base course and wearing course.

Base courses shall be one of the following:

Ten-inch minimum crushed aggregate base course (CABC-DG).

Four-and-one-half-inch minimum bituminous concrete base course (BCBC).

Six-inch minimum cement aggregate plant mix.

Six-inch minimum aggregate bituminous plant mix.

Wearing and binder courses shall be asphaltic concrete ID-2. The following depths shall be used with the chosen base course:

Three-and-one-half-inch minimum (one-and-one-half-inch wearing, two-inch binder) with CABC-DG.

Three-and-one-half-inch (one-and-one-half-inch wearing, two-inch binder) with BCBC.

Two-and-one-half-inch (one-inch wearing, two-inch binder) with stabilized base courses.

Materials and workmanship shall conform to PennDOT Form 408, latest edition. Where the ten-inch crushed aggregate base course is used, it shall be placed in two five-inch layers, with screening applications to each course.

In lieu of the ten-inch crushed aggregate base course, a base course of 12 inches of 3A limestone modified may be used if it is placed in two six-inch layers using a Jersey Box or paver for application of each layer.

No slag or mixtures with slag will be allowed to be used for paving material.

Pavement cross slope. The completed road surface shall have a uniform slope of 1/4 inch per foot from edge to center line, except that on superelevated curves, this slope shall not be less than 1/4 inch per foot and shall extend up from the inside edge to the outside edge of the paving.

Grading and shoulders. Roadways shall be graded for not less than eight feet beyond the edge of the proposed paving on each side. This grading width shall be increased as necessary where sidewalks, guide rails, shoulder swales, and/or planting strips are to be provided. Shoulders shall be graded with a slope of 3/4 inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion, but this slope shall not be in excess of 2:1 in cut and 3:1 in fill, with tops of slope in cuts rounded.

§ 350-39 Private streets.

[Amended 11-17-1987; 12-30-2004 by Ord. No. 04-08]

Private streets may be permitted by the Board of Supervisors under the following circumstances:

There is a recorded agreement between the applicant and the Township and a notation in the deed to each lot abutting such street [as stipulated in § 350-17D(4) above], specifying that said streets will not be offered for dedication and will not be accepted by the Township unless constructed to Township standards then existing at the time of offer of dedication.

The design of private streets shall not vary from Township standards otherwise applicable to the construction of streets to be dedicated to the Township.

Lots fronting on private streets shall meet the requirements of Chapter 399, Zoning, as amended, with regard to lot width and setbacks.

A private street shall provide access to not less than four nor more than six lots. The width of such street shall be in accordance with § 350-32.

§ 350-40 Driveways.

[Amended 11-17-1987; 5-1-1996; 12-30-2004 by Ord. No. 04-09]

Private driveways shall be provided for all residences, and the construction shall be in accordance with the regulations of this section in order to provide safe access to Township and state roads, to eliminate problems of stormwater runoff, and to assure sufficient area for and access to off-street parking.

All driveways shall contain a reasonably straight length of at least 40 feet, measured from the cartway edge of the intersecting street and extending inside the lot. The 20 feet of this forty-foot segment adjacent to the cartway shall be paved with a four-inch subbase, four-inch bituminous concrete base course and a wearing course of ID-2 bituminous concrete compacted to 1 1/2 inches of minimum thickness per PADOT paving and construction specifications. In cases where common driveways are permitted, and in addition to the provisions of Subsection G or other applicable provisions, the portions of the driveway in common use by two or more parcels shall be paved to a width of 18 feet for a distance of 20 feet from the street cartway and to a minimum width of 10 feet to the point where common use of the driveway ends.

Within the legal right-of-way of the intersected street or for a distance of at least 14 feet from the edge of the shoulder of such street, whichever is greater, the driveway shall have a grade not to exceed 5%. The remainder of the first 40 feet will have a grade not to exceed 12%, and the remainder of the driveway shall have a grade not to exceed 15%. Use PADOT grading specifications within PADOT rights-of-way.

A minimum of one parking space adjacent to, but not within, the street right-of-way shall be provided per dwelling where the grade of the driveway at any point exceeds 8%. Such off-street parking space shall be a minimum of nine feet by 18 feet and shall be on a grade not exceeding 8%.

Driveways to single-family residences shall intersect streets at angles of no less than 60°. All other driveways shall intersect streets at right angles, where practicable, and in no case less than 75°. (The angle of intersection is the acute angle made by the intersection of the center line of the driveway with the center line of the road.)

The width of a single-family dwelling driveway within the legal right-of-way of a street or when carried by a bridge shall be a minimum of 12 feet; it shall be a minimum of 10 feet at all other points within the property line. Except where the Board determines that limitations of lot size or lot configuration make it infeasible, adequate turnaround surface shall be provided on the property so egress to the street is in a forward direction.

A common driveway, as defined by this chapter, shall be of sufficient width, in the opinion of the Township Engineer, to provide safe passage of two vehicles or shall have a sufficient number of pullover areas to provide safe passage of two vehicles. Stipulations for the repair and maintenance of a common driveway shall be set forth on the plan proposing creation of the driveway and shall be recorded as deed restrictions binding on all successors or assigns. The developer shall file a recorded copy of the common driveway agreement with the Township.

Driveway entrances into all nonresidential, single-use properties shall be no less than 20 feet in width, shall not exceed 35 feet in width at the street line unless provided with a median divider, and shall be clearly defined by use of curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of 10 feet where they intersect a street.

Driveway paving for nonresidential use for access to parking shall be paved for the entire length of the driveway, and the parking lot area shall also be paved with 1 1/2 inches of ID-2 wearing course, two-inch binder course and a minimum of six inches of 3A modified stone base. Where truck traffic is proposed, a minimum of eight inches of 3A modified stone base course should be provided. At the driveway entrance within the right-of-way, PADOT paving and construction specifications shall apply.

No center line of any driveway shall be closer than 100 feet to the center line of the road cartway, measured from the center line of the driveway where it intersects with the road cartway and the center line of the parallel center line of the street intersection.

Clear sight triangles shall be provided at all driveway entrances and shall be shown on plans. Within such triangles, no object greater than 2 1/2 feet in height and no other object that would obscure the vision of the motorist shall be permitted. The legs of such triangles shall be at least 100 feet in either direction for residential driveways, and at least 300 feet for nonresidential driveways, measured from a point 12 feet back from the edge of the cartway of the intersecting street. Greater distances may be required if warranted by specific circumstances. Whenever a portion of the line of such triangles occurs within any proposed building setback line, such a portion shall be shown on the final plan of the subdivision or land development and shall be considered a building setback line.

The gutter line, wherever possible, shall be maintained as a paved swale. It shall have a maximum depth of four inches and a minimum width of 24 inches. A pipe may only be placed under the driveway entrances when approved by the Township Engineer. The acceptability of such a pipe will be governed by the gutter depth on each side of the driveway. The minimum pipe size under a driveway will be determined by the Township Engineer. Whenever a roadside swale is to be maintained or provided, geotextile fabric the full width of the drive shall be placed under the driveway for a distance of 20 feet from the edge of cartway.

Driveways shall be graded so that, wherever possible, surface drainage will be discharged to the owner's property; otherwise, adequately sized pipes, inlets, and/or headwalls shall be installed and gutter improvements shall be made to direct surface drainage into the road drainage system and not onto the paving of the intersecting road.

Sight distances from driveways exiting onto streets shall be in accordance with PADOT specifications.

In order to provide for safe and convenient ingress and egress, private driveway entrances shall be rounded as follows:

For residential driveways, a minimum radius of five feet, or the drive shall have a flare constructed that is equivalent to this radius at the point of intersection with the cartway edge (curbline).

For nonresidential driveways, a minimum radius of 30 feet shall be provided. Greater radii may be required where truck traffic is to occur.

For access onto PADOT streets, driveway entrances shall be provided in accordance with PADOT specifications.

In order to provide adequate turnaround maneuverability from residential properties, all new driveways shall be provided with a minimum L-shaped backup area of thirty-foot width and thirty-foot length and fifteen-foot turning radius as shown on the "Residential Driveway Maneuvering Details" in Appendix A.[1]

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

With the exception of apartment dwellings, all residential driveways shall have a minimum unobstructed distance of 25 feet between the interior side of any sidewalk and any structure on the lot in order for the driveway to qualify in calculating required off-street parking. Where no sidewalk exists, the measurement shall be taken at a point four feet from the curbline or, absent that, the edge of the cartway.

[Added 2-16-2023 by Ord. No. 02-2023]

§ 350-41 Alleys, service streets and emergency access routes.

Where alleys and service streets are permitted in residential developments, they shall have a minimum right-of-way width of 25 feet, and shall be curbed, where required, and paved for a width of at least 12 feet. No part of any dwelling, garage, or other structure may be located within 20 feet of the center line of a public alley or service street.

Alleys and service streets serving commercial and industrial establishments and multifamily developments may be required if the Township deems it necessary. Such alleys shall have a paved cartway of at least 20 feet and right-of-way width of 30 feet. Where necessary, corners shall have a radius of 20 feet or a triangle using the chord of a 15 foot radius, cut back to permit safe use by large vehicles. If it is impossible for an alley to go through a block, the alley shall be provided with a turnaround at its closed end of a design approved by the Township Engineer.

Emergency access routes, for use by ambulances, fire trucks, or similar vehicles, shall be provided when the Board determines that the size, configuration, density and/or circulation pattern of a given tract warrants special access routes of this kind. The applicant shall design these routes in consultation with the Township Engineer and the East Brandywine Fire Company, and shall use semipervious surfaces (e.g., grass pavers) wherever possible.

Where a tract is being developed or redeveloped under the traditional neighborhood development provisions of the East Brandywine Township Zoning Ordinance, the following standards shall be applied to alleys created within such tract:

[Added 8-19-2015 by Ord. No. 05-2015]

Minimum right-of-way width.

For i) a two-way alley serving exclusively residential uses at a gross density of six dwelling units or fewer per acre or ii) any alley serving only one-way traffic: 16 feet.

For i) a two-way alley serving exclusively residential uses at a gross density greater than six dwelling units per acre, ii) a two-way alley serving nonresidential uses, and iii) a two-way alley with a mix of residential and nonresidential uses: 20 feet.

Minimum cartway width.

Where an alley serves one-way traffic: 12 feet.

Where abutting uses on a two-way alley are exclusively residential: 15 feet.

Where abutting uses on a two-way alley are nonresidential or mixed residential and nonresidential: 20 feet.

Minimum setback. All structures, including fences, shall be set back from the alley cartway as follows:

Where the right-of-way width is 16 feet, the setback distance shall be not less than 13 feet from the center line of the alley.

Where the right-of-way width is 20 feet, the setback distance shall be not less than 16 feet from the center line of the alley.

Alleys may be designed to serve one-way or two-way traffic.

Alleys shall be paved and shall not have curbs but shall have rigid edge stabilization.

Alleys shall be constructed with an inverted crown and longitudinal drainage to inlets in adjacent streets.

Unless the Board of Supervisors accepts an offer of dedication, alleys shall be privately owned under terms acceptable to the Board. The Township shall have no maintenance or snow removal obligations for privately owned alleys.

§ 350-42 Parking areas.

[Amended 2-16-2023 by Ord. No. 02-2023]

At least two off-street parking spaces with access to a street shall be provided for each proposed single-family detached dwelling unit. Vehicular parking for any use shall be provided in accordance with the requirements of Chapter 399 of the Code, Article XV, Off-Street Parking and Loading.

§ 350-43 Sidewalks and paths.

[Amended 5-1-1996; 2-21-2001; 12-30-2004 by Ord. No. 04-10]

Sidewalks shall be installed and maintained for all residential and commercial uses or districts and within 1,000 feet of any school, office building, medical institution, commercial use, shopping center, community facility, trail or other similar uses identified by the Board.

[Amended 11-29-2018 by Ord. No. 06-2018]

When provided, sidewalks shall be constructed of PADOT Class A concrete with six-percent air entrainment and a minimum twenty-eight-day mix strength of 3,300 psi, with a minimum width of five feet and a thickness of four inches on a four-inch base course, except at driveway crossings when the sidewalk thickness shall be increased to six inches with reinforcement. The specifications for a standard concrete sidewalk shall be as specified in Attachment 11 titled "Standard concrete sidewalk detail" which is attached to this chapter. The specifications for a reinforced concrete sidewalk at driveways shall be as specified in Attachment 12 which is attached to this chapter. Expansion joints shall be placed at least every 20 feet, and the sidewalk shall be scored at five-foot intervals between such expansion joints. Expansion joints shall also be placed between all points where the concrete sidewalk abuts a concrete curb and as otherwise required by the Township Engineer. The Board may require wider pavements in high-density areas and in commercial areas. The location of sidewalks relative to planting strips shall be at the discretion of the Board. Where sidewalks are required, ramps shall be provided conforming to the Americans with Disability Act (ADA) Accessibility Guidelines and PennDOT's Design Manual 2 - Chapter 6, as amended.

[Amended 11-29-2018 by Ord. No. 06-2018]

Trails shall be provided in accordance with § 350-50C of this Code.

[Amended 11-29-2018 by Ord. No. 06-2018]

At the discretion of the Board, with recommendations from the Planning Commission, a system of bicycle, equestrian, and/or pedestrian paths for public use generally unrelated to and separate from streets shall be established and secured by dedication or easement. Such paths shall be consistent with any existing plans specified by the Township, so as to encourage the formation of an interconnecting trail network both within and beyond the Township. Such paths normally shall not exceed 10 feet in width and, at the option of the applicant, shall be located adjacent to existing or proposed lot lines or in such manner as to minimize any obstruction to the development. Existing paths may be relocated if a connection with a path on an adjoining property is thereby established.

Sidewalks and pedestrian paths shall be laterally pitched at a slope of not less than 1/4 inch per foot to provide for adequate surface drainage.

Sidewalks and pedestrian paths shall not exceed the allowable street grade.

Sidewalks adjacent to angle parking areas shall be set back a minimum of five feet to prevent car overhang from restricting pedestrian movement along the sidewalk.

The construction of all new facilities shall provide at least one accessible route, conforming to the Americans with Disability Act (ADA) Accessibility Guidelines and PennDOT's Design Manual 2 - Chapter 6, as amended, within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones and public streets, sidewalks or trails to an accessible building entrance.

[Added 11-29-2018 by Ord. No. 06-2018]

Crosswalks shall be installed and maintained as an integral part of the sidewalk and trail network and shall be provided at all intersections of streets and driveways and all continuations of sidewalks and trails across streets or driveways.

[Added 11-29-2018 by Ord. No. 06-2018]

All crosswalks shall be a minimum of eight feet wide, or wider, as necessary for the adjacent trail or sidewalk, provided with signage per the Manual for Uniform Traffic Control Devices (MUTCD) and striped with a "ladder-style" striping pattern, unless otherwise approved by the Township Engineer, based upon an alternative design justification by the design engineer. Crosswalk striping pattern shall be in conformance with PennDOT Publication 111 - Standard Crosswalk Markings, Option C, Perpendicular (as amended), without optional six-inch horizontal striping.

[Added 11-29-2018 by Ord. No. 06-2018]

§ 350-44 Curbs.

[Amended 8-20-2003 by Ord. No. 03-04; 12-30-2004 by Ord. No. 04-08]

Upon recommendation of the Township Engineer, curbs may be required by the Board along any street or streets, and at the intersections thereof, where center-line grades are 5% or above or as needed to control drainage. Where curbs are not provided, stabilized shoulders shall be provided. Except when waived by the Board upon the recommendation of the Planning Commission in order to preserve existing trees or for other similar reasons, the ground shall be graded to a slope of 1/2 inch to one inch per foot to the right-of-way line and either seeded or sodded to such standards as shall be prescribed by the Board. In cut areas, this slope shall be toward the curb; in fill areas, it shall be away from the curb.

The required curbs shall be provided on both sides of the street and shall be constructed in accordance with the following applicable standards of the PennDOT Specifications, Publication 408 and Standards for Roadway Construction, latest editions:

Vertical curbing shall be poured-in-place Class A cement concrete, 18 inches in depth. The exposed face of the curb shall be eight inches high on all Township roads. After completion of the bituminous paving, Class BM-1 asphalt shall be applied to all joints with existing paving and the joint between the curb and the bituminous paving for a distance of one foot from the curb towards the center of the road, to effectively seal the joint between the curbing and the bituminous paving.

Depressed curb shall be poured-in-place Class A cement concrete and shall be used at all driveway entrances where curb is proposed along the street. Depressed curb shall also be used, when applicable, for handicap accessibility in accordance with ADA standards.

Specialty curbing.

Belgian block curb, when approved for use in private roads and parking lots, shall be no less in depth than 12 inches for private roads or 10 1/2 inches for parking lots, 7 1/2 inches long and four inches wide at the top to six inches wide at the base. Block shall be placed in Class AA cement concrete foundation, with a total depth of 20 inches for private roads or 18 inches for parking lots and width of no less than 16 inches. Refer to the Belgian Block Curb Details in Appendix A for complete specifications.[1]

Editor's Note: Appendix A is included at the end of this chapter.

In no case shall Belgian block curbing be used in handicapped accessibility devices.

§ 350-45 Streetlights.

Streetlights may be required, if deemed necessary by the Board, for reasons including, but not limited to, the following:

At intersections involving arterial or major collector streets;

At dead-end intersections;

At changes of grade in excess of 5% or at maximum allowable changes in horizontal alignment; and

At other spots considered hazardous by the Township.

The style, type, and manufacturer of streetlights shall be subject to Township approval. Further, the design and construction of streetlights shall be in compliance with all relevant standards of the Philadelphia Electric Company, or equivalent provider of electricity.

§ 350-46 Monuments.

Monuments shall be placed at such points in the perimeter boundary of the property being subdivided as may be designated by the Township Engineer on a plan to be submitted by the applicant. The Township Engineer shall be notified when the monuments have been placed in accord with the approved plan so that he may inspect the same before they are covered.

[Amended 11-17-1987]

All monuments shall be placed by a registered professional engineer or surveyor so that the scored (by an indented cross or drill hole of not more than 1/4 inch diameter in the top of the monument) point shall coincide exactly with the point of intersection of the lines being monumented. Monuments placed on street rights-of-way and easements for public, drainage or utility use shall be concrete or stone, tapered (four-inch square top, five-inch square bottom) and 30 inches in length.

The tops of monuments shall be set level with the finished grade of the surrounding ground, except:

Monuments which are placed within the lines of existing or proposed sidewalks shall be located (preferably beneath the sidewalks) so that their tops will not be affected by lateral movement on the sidewalks.

Where monuments are located beneath a sidewalk, proper access to them shall be assured.

In wooded areas, monuments shall protrude six inches above the surface of the ground.

All streets (proposed, and those existing which may be increased in width) shall be monumented along all right-of-way lines.

At such places where topographical or other conditions make it impossible to sight between two otherwise required monuments, intermediate monuments shall be placed.

At such other place along the line of streets as may be determined by the Township Engineer so that any street may be readily defined for the future.

All lot corners shall be clearly identified by either a monument or an iron pin. Where iron pins are used, they shall be a minimum of 1/2 inch diameter solid bar or reinforcing rod, shall be a minimum of 29 inches in length, and shall be driven level with finished grade.

§ 350-47 Sewage treatment and disposal.

[Amended 5-1-1996; 12-30-2004 by Ord. No. 04-11; 1-3-2011 by Ord. No. 03-2011; 11-29-2018 by Ord. No. 06-2018]

General requirements.

Sewage facilities shall not be used to carry stormwater.

Individual lots, a subdivision or land development shall be served by an individual, community or public sewage facilities system as defined by Chapter 300 of the Code and in accordance with this § 350-47. The sewage facilities shall be suitable for the existing physical, geographical and geological conditions and in conformance with all applicable Township, Municipal Authority, state, county and federal ordinances and/or regulations.

If the lot, subdivision or land development is in an area designated for public sewage facilities by the Township's Act 537 Sewage Facilities Plan, the applicant, landowner, developer or subdivider shall be required to connect to the public sewage facilities system by the Township if capacity is available. All connections to the public sewage facilities system must be approved by the Municipal Authority or the owner of the system.

The proposed type of sewage facilities shall be in accordance with the Township's Act 537 Sewage Facilities Plan. This Plan requires that innovative and proven on-site systems and nonstream discharge/proper land application of treated wastewater shall be used whenever possible.

If conventional sewage systems are not proposed, the Township may require that the applicant, landowner, developer or subdivider submit a feasibility report. Such report shall compare the overall cost, reliability, environmental considerations, and other factors of providing a connection to the public sewage facilities, use of an on-lot community system, or use of alternate or experimental systems as directed by the Township. Based on the analysis of this report, the Township may require the installation of a particular system.

Where individual sewage facilities systems are to be utilized, the type of individual system proposed to serve each lot shall be indicated.

Prior to the approval of any subdivision and/or land development proposing public or community on-lot sewage facilities, a properly detailed design and construction plan and supporting documentation of all components of the facilities, including but not limited to sewer laterals, pumping stations, collection and conveyance lines, and treatment and disposal components shall be submitted to the Township and the Municipal Authority with the preliminary subdivision and/or land development plan.

All details and specifications of sewage facilities proposed in accordance with § 350-47A(7) hereinabove shall be designed, constructed and installed in compliance with the standards and specifications as adopted by the Township and the Municipal Authority from time to time; and subject to the review and approval of the Municipal Authority.

The preference of sewage facilities to be employed for sewage treatment and disposal in the Township shall be as follows:

Public sewage facilities systems shall be the first preference when any component of the public sewage facilities is adjoining or adjacent to the property, subdivision or land development, or the principal building on a property is within 150 feet of any component of the public sewage facilities; and when the subject property is within a public sewage facilities area as designated in the Township's Act 537 Plan.

Conventional sewage systems with a soil absorption area shall be the second preference for a single lot or for individual lots within a subdivision or land development when the subject property is not adjoining or adjacent to the public sewage facilities or the principal building on the lot is not within 150 feet of the public sewage facilities, or the subject property is not within a public sewage facilities area as designated in the Township's Act 537 Plan.

Community on-lot sewage system shall be the third preference for subdivisions and land developments.

Alternate and experimental systems and retaining tanks for individual lots shall be the fourth preference and shall be considered only when it has been determined by the Sewage Enforcement Officer that the preferences set forth in Subsections A(9)(a) through (c) are not feasible.

Retaining tanks will not be considered a permanent solution to sewage treatment and disposal.

Public sewage facilities system.

All sanitary sewer lines, lateral connections and manholes and other collection facilities shall be designed, constructed and installed to provide service to each lot in conformity with standards of the Township, Municipal Authority, PADEP or other authority at the complete cost and expense of the applicant, landowner, subdivider or developer.

All sanitary sewer pumps stations, force mains, and treatment, storage and disposal facilities shall be designed, constructed and installed in conformity with standards of the Township, Municipal Authority, PADEP or other authority at the complete cost and expense of the applicant, land owner, subdivider or developer.

All subdivisions and land developments shall be self-sustaining relative to the storage and disposal of treated sewage effluent. The applicant, landowner, subdivider or developer shall provide sufficient storage and land area on or off the subdivision or land development site to store and dispose of all treated sewage effluent which is generated by the uses on the site by means of conventional underground seepage beds or drip irrigation. The land area shall be sized at 1 1/2 times the land area determined necessary, in accordance with applicable laws and regulations, to dispose of the total effluent generated by the site in order to provide a safety factor which will ensure an adequate disposal area in perpetuity. The entire storage and land disposal area shall be designed and permitted by and at the expense of the applicant, landowner, subdivider or developer. The construction of the storage and disposal facilities shall be in accordance with § 350-47B(2) hereof. The storage and land disposal area and disposal facilities shall be offered for dedication to the owner of the public sewage facilities at no cost in accordance with § 350-60 hereof.

Individual sewage facilities system(s).

All lots which cannot be connected to public sewage facilities shall be provided with conventional sewage systems to serve a single lot and disposing sewage into the soil or into waters of the commonwealth meeting the design standards of Title 25, Chapter 73, Rules and Regulations of the Pennsylvania Code, the Chester County Health Department and Township standards. A permit shall be obtained from the Chester County Health Department and in effect for each lot prior to the recording of a subdivision or land development plan.

Any individual sewage system shall be located upon the lot which it is intended to serve.

Community on-lot sewage system(s).

The applicant, subdivider, landowner or developer, when it has been determined that public sewage facilities and individual on-lot sewage facilities are not feasible and with the Township approval, shall provide a community on-lot sewage system. The design, construction and installation of any community system shall be subject to the approval of the Chester County Health Department, the Township and PADEP, and such systems shall be further subject to satisfactory provisions for the maintenance thereof. A copy of the Chester County Health Department, the Township or PADEP's approval of such system, where applicable, shall be submitted with the final plan.

Each community on-lot sewage system shall be owned and maintained in accordance with the provisions of the Sewage Management Program.

Any community on-lot sewage system shall be:

Located on the same property being subdivided or developed.

On an adjacent lot under the same ownership as the subdivision or land development, the area of which meets the minimum area and bulk requirements of the zoning district in which it is located and is sufficient in area to treat and dispose of all sewage generated by the subdivision or land development.

Designed and constructed in accordance with Title 25, Chapter 73, of the Pennsylvania Code and all other applicable regulations and specifications.

Absorption area requirements.

Isolation distances, site investigations and percolation tests of the absorption area(s) shall be performed for all subdivisions and land developments wherein building(s) at the time of construction will not be connected to a public sewage system.

Absorption area(s) shall be designed, permitted and constructed in accordance with Title 25, Chapter 73 of the Pennsylvania Code, and the requirements of the Chester County Health Department and all other applicable regulations and specifications.

Any lots having a net lot area of less than one acre shall be provided with a reserve absorption area, sized similarly to the primary absorption area.

No percolation test hole or related test pit on the tract shall remain open or unprotected for a period in excess of two business days, as specified in Chapter 155, Excavations, Article I, Protection of Openings, of the Code of East Brandywine Township. The penalty provisions of Chapter 155, Article I, also shall be applicable.

Defined terms. For purposes of this § 350-47, the terms "absorption area," "alternate sewage system," "community on-lot sewage system," "conventional sewage system," "experimental sewage system" and any other term used herein defined by Title 25, Chapter 73, of the Pennsylvania Code, and not defined by Chapter 300 of this Code, shall have the meaning set forth in Chapter 73.

§ 350-48 Water supply.

[Amended 11-17-1987; 10-19-1988; 11-15-1989; 1-20-1993 by Ord. No. 93-01; 6-20-2001; 8-20-2003 by Ord. No. 03-04; 12-30-2004 by Ord. No. 04-12; 7-7-2016 by Ord. No. 06-2016; 11-29-2018 by Ord. No. 06-2018]

Statement of intent. It is the intent of this section that:

Each dwelling unit and each commercial or industrial building in all subdivisions and land developments hereafter granted approval shall have an adequate supply of potable water for domestic use. The potable water supply shall be designed and constructed in accordance with the requirements contained within this chapter. Chapter 252 and the Federal Safe Drinking Water Act[1], as amended, or any other applicable standards.

Editor's Note: See 42 U.S.C.A. § 300f et seq.

Each unit or building shall have an adequate supply of water for purposes of fire protection.

In each case where the individual on-site water supply systems are to be utilized within the subdivision or land development, applicant shall be responsible either to install such facilities or to guarantee (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that the facilities can be installed by the purchaser of such lot or parcel. Individual water supply systems shall be designed and installed in accordance with all applicable standards of the Pennsylvania Department of Environmental Protection (PADEP) and the Chester County Health Department. A well permit must be obtained from the Chester County Health Department prior to commencing construction.

Individual on-site water supply systems. Individual on-site water supply systems shall be subject to the following requirements:

For subdivisions of not less than four nor more than 10 lots, one test well shall be required, and an additional test well will be required for each additional 10 lots or portions thereof. The location of each test well shall be determined by the applicant, subject to consultation with the Township Engineer. Such test wells shall be drilled, cased and grout sealed at least five feet into bedrock and shall have a production capacity of not less than two gallons per minute which is potable and suitable for domestic use.

The capacity of each test well will be determined by a pump test for a minimum four-hour duration. The report of such test shall set forth the following information: static water level; the measured and recorded water level at a minimum of one-hour intervals during the test; the pumping rate and water level immediately preceding the end of the pump test; and the water level one hour after the cessation of pumping.

Test wells require a permit from Chester County Health Department. Test wells are temporary and therefore not permitted as permanent supply wells. Once the intended use of the test well has been completed, the test well must be decommissioned according to Chester County Health Department requirements. A test well may be converted for use as a permanent well supply through submission of a new well application to the Chester County Health Department.

Disclaimer. The grant of any permit or approval of or pursuant to a plan of subdivision or land development which requires compliance with the provisions of this section shall not constitute a representation, guarantee, or warranty of any nature by the Township, or by any official employee, agent or advisor of the Township, as to the practicality, adequacy, functioning, sufficiency or safety of any use, occupancy, improvement, facility or system constructed or maintained pursuant to any such permit or approval, and the issuance of any such permit or approval for any actions by or on behalf of the Township leading thereto will not be deemed to create any liability or responsibility upon the Township or its officials, employees, agents or advisors.

Whenever a public or community water system replaces an existing well, it shall be the responsibility of the property owner to have the existing well properly decommissioned by a licensed well contractor in accordance with Chester County Health Department Rules and Regulations.

In each case where water is to be supplied to a subdivision or land development by means of a community or public water supply system, such systems shall be designed and constructed in conformity with standards of the Township, Municipal Authority, Chester County Health Department (Chester County Health Department) and the Pennsylvania Department of Environmental Protection (PADEP).

All such systems shall be subject to the approval of the Township Engineer and meet minimum standards controlling water storage and production capabilities for domestic and fire protection use for the health, safety and welfare of all Township citizenry affected.

Standards and materials for the construction shall meet or exceed those requirements described in the Public Water Supply Manual of the PADEP and shall be subject to the approval of the Township Engineer.

Where a permit is required by Chester County Health Department or PADEP, it shall be presented as evidence of such review and approval before construction commences.

Each community or public water system shall be either municipally owned or controlled by an entity that is regulated by the Pennsylvania Public Utility Commission (PUC).

The design of any system to be owned by a PUC shall be approved by that PUC.

Applicants shall present evidence to the Township that the subdivision or land development is to be supplied by a certificated public utility or by a municipal authority in accordance with the Township's Master Water Agreement and Pipeline Extension Agreement.

In all subdivisions and land developments served by a community or public water system, the following water pressure and gallonage requirements shall apply:

Residential use: as per Chapter 252, Article I, Water Supply and Distribution, of the Code of East Brandywine Township, as amended.

All water systems must provide a minimum of 500 GPM at a residual pressure of 30 psi for a two-hour period.

Commercial, institutional or industrial use: a minimum domestic pressure of 30 pounds per square inch shall be provided at each commercial or industrial building connected to the water supply main. When a building wishes to connect to a central water system, a study will be made to determine if there is adequate water supply in the system to supply the building and use.

For purposes of fire protection in residential districts, the system shall demonstrate capability of providing fire flow water requirements for a minimum duration of two hours of not less than 500 gallons per minute at a residual pressure of 20 pounds per square inch or more as required by the Insurance Service Office (ISO).

For purposes of fire protection in commercial, institutional or industrial developments or subdivisions, the system shall demonstrate capability of providing fire flow water requirements for a minimum duration of two hours of not less than 1,000 gallons per minute at a residual pressure of 20 pounds per square inch or more as required by the ISO.

Two sources of groundwater shall be provided for each public or community water system due to usual density and demand served by such systems. Each source shall be capable of supplying the average daily demand of all proposed dwelling units. This requirement may be waived by the Board of Supervisors when the following alternatives are proposed, subject to Township Engineer approval:

A single well capable of providing twice the daily average demand as demonstrated by a pumping test of at least 48 hours' duration producing a stabilized drawdown of unchanging water level for at least five hours' duration;

A single well capable of supplying the average daily demand with an additional reliable surface water source;

A single well capable of supplying the average daily demand plus a dependable connection to another satisfactory public water supply system; or

A second well used to monitor the aquifer and as a standby in the event of an emergency.

Pump tests shall be required for each public or community water system in accordance with the following specifications:

Pump tests shall be conducted by persons deemed qualified by the Township Engineer;

Pump tests shall be conducted for a continuous forty-eight-hour period. Wells existing on abutting or surrounding property shall be monitored as directed by the Township Engineer. During the conduct of the tests, pumping rates, measured drawdown on test wells and monitor wells shall be recorded and the time of commencement, change and finish shall be noted.

All pump testing information shall be submitted to the Township in the form of a report prepared by a professional hydrogeologist, who shall verify that adequate well yields from each well are available to meet the water supply needs without causing adverse impact on adjacent or surrounding existing wells and water supplies.

A water resources impact study shall be completed for each community or public water supply; at the minimum, the following information must be provided:

Site geologic analysis;

Anticipated or projected water supply requirements;

Anticipated or projected areal drawdown effect on the aquifer;

Type, number and general design of water supply wells proposed or anticipated;

Professional determination or opinion that the water supply system as proposed would have no adverse effect on the aquifer.

Copies of the reports, test results, including water quality, and other information shall be filed with the Township and the Chester County Health Department.

If the applicant proposed that a subdivision of 15 or more dwellings be served by a public or community water system, the applicant shall submit a technical report entitled "Proposed Public Water Supply Study" as evidence of sufficient water supply quality and quantity. The contents of this study shall include those specific items as described in the Public Water Supply Manual of the Pennsylvania Department of Environmental Protection. Where the water supply system occurs under the jurisdiction of the Pennsylvania Public Utilities Commission, the water supply study also shall include those items of information required by the PUC.

(10)

Fire hydrants shall be required for any public or community water system. The following requirements shall apply:

Hydrants shall be suitable for the coupling of equipment serving the Township and shall be installed as specified by the ISO of Pennsylvania.

Hydrants shall be located on an eight-inch line or a looped six-inch line and controlled by an independent six-inch (minimum) gate valve. Where a dead-end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.

Hydrants shall be located so that all proposed buildings will be no more than 600 feet from the hydrant, measured along the travel ways and in a manner to provide complete accessibility during emergencies.

The location of all hydrants shall be subject to review and approval by the East Brandywine Fire Company.

Fire-protection reservoirs.

Any subdivision of more than five lots, served by an individual on-site water supply which includes a new public or private road, shall provide an underground water storage reservoir for fire protection.

A maximum of one ten-thousand-gallon reservoir for up to 10 lots shall be required. Reservoirs shall be located in the public right-of-way or on private lots with easements to be approved by the Township Solicitor. The Township Engineer and the Township Fire Marshal shall approve reservoir locations. The Board of Supervisors, in its sole discretion, may vary the number of reservoirs required.

A copy of the plans for installation of these reservoirs shall be submitted to the East Brandywine Fire Company for its review and comment. Comments from the Fire Company shall be submitted to the Township within 30 days of receipt of the plans.

Fire-protection reservoirs shall be public improvements and shall be inspected at least annually by the East Brandywine Fire Company. Inspection responsibility for the Fire Company shall be limited to checking and maintaining the reservoir water level and the drafting fittings on a periodic basis. It shall be the developer's responsibility to initially fill and maintain these facilities until expiration of the eighteen-month maintenance period. Ongoing maintenance and its respective costs shall be borne by the Township after expiration of the eighteen-month maintenance period.

Reservoirs shall be constructed of fiberglass or other approved material, installed to the standards required for underground, nonpotable water storage tanks. The Township Engineer and Fire Marshal shall approve design and installation.

Reservoirs shall have separate ventilation and connection standpipes (hydrant) and be installed to specifications approved by the Township Fire Marshal and the Township Engineer. Hydrants shall be installed at the edge of the street right-of-way and shall be of material and provide a connection suitable for coupling of equipment currently in use by the East Brandywine Fire Company.

Reservoirs shall be included among the improvements that require Township inspection during construction. The Township Engineer and Fire Marshal shall conduct these inspections.

The developer shall be responsible to make each fire-protection reservoir ready for use prior to acceptance by the Township. Before the issuance of any use and occupancy permits, the East Brandywine Fire Company shall inspect and test each reservoir, and the Township shall issue a written approval of the installation(s).

When a proposed subdivision includes an existing or proposed pond or stormwater retention basin, the Board, in lieu of a reservoir, may require a dry hydrant system. These facilities must be provided with an all-weather access drive sufficient to permit ingress and egress of emergency vehicles to the drafting site.

(10)

Where any reservoir, dry hydrant, and/or associated equipment is located on private property, the final subdivision plan shall include appropriate easement provisions that assure access to the facilities by the East Brandywine Fire Company and East Brandywine Township for purposes of operations, maintenance, and monitoring. The terms of such easement shall be subject to approval by the East Brandywine Township Solicitor.

Nothing herein shall be deemed to modify the requirements of the Chester County Health Department or other governmental agency having jurisdiction.

No subdivision or land development application proposing a public or community water system shall be granted preliminary or final plan approval unless the applicant demonstrates full compliance with the provisions of this section.

The applicant shall pay for the cost of improvements to a public or community water system if it is determined that connection to said system is necessary.

§ 350-49 Other utilities.

All other utility lines including, but not limited to, electric, gas, streetlight supply, cable TV, and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township, Municipal Authority, or other public utility concerned. All such underground utilities shall be put in place, connected, and approved before the streets are constructed, where such utilities lie under the proposed cartway, and before any person is permitted to occupy any building to be served by such utilities.

In accordance with the provisions of Act 287,[1] any applicant shall contact all applicable utilities and accurately determine the locations and depths of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone numbers shall appear on the plans submitted for review, and proof of contact shall be presented to the Township prior to final plan approval.

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

§ 350-50 Recreation lands and facilities.

[Amended 12-15-1987; 4-20-1988; 10-19-1988; 12-15-1997; 12-15-1997 by Ord. No. 97-02; 2-21-2001]

Residential subdivision and land developments.

In reviewing a sketch plan or preliminary plan for a proposed subdivision or land development for residential purposes, the Township Planning Commission and the applicant shall consider the needs of the prospective residents for recreation lands and facilities, and shall discuss their findings in relation to the requirements of this section as they deem necessary. Particular attention will be paid to identify the need for active recreational opportunities and meeting those needs, whether on site or off site.

Any preliminary plan for subdivision or land development for residential purposes shall demonstrate a proposed means of complying with the requirements of this section. In the review of the preliminary plan, the Board, upon recommendation of the Planning Commission and, as appropriate, the Park and Recreation Board, shall determine whether lands and/or a fee in lieu of land will best meet the Township's objectives for active recreation opportunities or, as specified in Subsection A(3) below, other open space areas.

The Board of Supervisors, at its sole discretion, may determine that land within the tract that meets other objectives can satisfy some or all of the requirements of this section. It shall be the burden of the applicant to demonstrate why such land is a suitable alternative to active recreation lands and how it will serve the residents of the development. In reaching its decision, the Board shall evaluate the applicant's proposal in relation to objectives and factors that may include, among others:

Opportunities for passive recreation.

Protection of important and characteristic scenic and/or natural features, with special emphasis on woodland, particularly where such features are delineated in the Township's Open Space, Recreation and Environmental Resources Plan.

Retention, creation, and/or improvement of important trail linkages or corridors, consistent with the terms of Subsection C below.

Neighborhood scale park areas designed especially for the ages and needs of the prospective new residents, e.g., tot lots, fitness trails, etc. The applicant must also demonstrate that the active recreation needs of the residents are adequately addressed by this proposal, and that the proposed alternative is consistent with the Township's recreation and open space goals and programs, including but not limited to those presented in the Township Open Space, Recreation and Environmental Resources Plan.

Where the Board determines that the preliminary plan does not provide land and facilities meeting the criteria of Subsection A(2) or (3), above, it shall require that a fee be paid in lieu of recreation lands and facilities, as stipulated in Subsection A(8), below.

[Amended 11-29-2018 by Ord. No. 06-2018]

The Board, at its sole discretion, may accept a combination of land, facilities, and fee where that arrangement best meets the purposes of this section and the needs of the residents.

Where a combination of land, facilities, and fee is proposed, the applicant may request that, in determining the partial fee amount, the Board give appropriate credit for the value of any improvements within the open space that may be proposed, including trails in compliance with Subsection C, below. The Board may credit some, all, or none of this value.

In determining its preference for the set-aside of recreation lands and facilities within the proposed development or the payment of a fee in lieu of recreation lands and facilities, the Board may, as it deems appropriate, be guided by the following additional criteria:

[Amended 11-29-2018 by Ord. No. 06-2018]

The provisions of the Township's Comprehensive Plan and Open Space, Recreation and Environmental Resources Plan, particularly in relation to recommendations for community and neighborhood parks;

The proximity of the proposed development to existing or proposed public open space and recreation areas;

The natural and scenic characteristics of the tract on which the development is proposed and their compatibility with active and passive recreation;

Any existing commitments of the Township to purchase or improve land for open space and recreational purposes.

The provisions of this subsection are intended to apply to all residential subdivisions and land developments.

[Amended 11-29-2018 by Ord. No. 06-2018]

Where the Board determines that a set-aside of land and the provision of recreation facilities within the tract proposed for development will satisfy the requirements of this section, the minimum amount of such land to be set aside shall be calculated on the basis of one acre per 20 new dwelling units to be constructed on the tract, or the proportional equivalent thereof. The type and extent of recreation facilities shall be as determined appropriate by the Board.

[Amended 11-29-2018 by Ord. No. 06-2018]

Standards for fees in lieu of land and/or facilities.

[Amended 11-29-2018 by Ord. No. 06-2018]

Where a fee is to be provided in lieu of the set-aside of land and/or facilities for active recreation, the same shall be established in conformity with Section 503(11) of the Municipalities Planning Code[1] and the amount of the fee shall be as established by resolution duly adopted by the Board of Supervisors.

Editor's Note: See 53 P.S. § 10503.

A note shall be placed on the plan submitted for final approval, stipulating the amount of the fee to be paid, as established through Subsection A(8)(a), and the means of payment, consistent with Subsection A(8)(c).

The full amount of the fee, as determined by Subsection A(8)(a), shall be paid or otherwise secured in a manner deemed acceptable by the Board of Supervisors, as a condition of final plan approval and prior to recording of the approval of the final plan.

All fees received pursuant to this section shall be placed in a Special Capital Reserve Fund for Open Space, the purpose of which shall be to hold, invest and disburse such monies. Disbursements from this fund shall be made from time to time as the Board shall deem appropriate, only in conjunction with the planning, purchase, improvement, replacement, and addition to Township lands for use as open space and recreation for the benefit of the citizens of the Township as provided for in the Second Class Township Code or other applicable rules, regulations, or statutes. All sums received for and deposited in the Open Space Fund shall be held, invested, and reinvested in the same manner as other funds of the Township, but shall not be considered part of the general revenues of the Township.

Characteristics and design standards for recreation lands and facilities. In designating lands for recreation purposes within the subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant. Areas shall be:

Consistent with the Township's Comprehensive Plan and the Open Space, Recreation and Environmental Resources Plan.

Suitable for active recreation uses, unless deemed acceptable by the Board for other purposes, and in any case without interfering with adjacent dwelling units, parking, driveways and roads.

Comprised of open land which contains none of the following features: floodplains, woodlands, slopes exceeding 20%, wetlands, and surface waters, except where the Board specifically accepts land with such features as satisfying the purposes of this section, consistent with Subsection A(3) above.

Interconnected with park land or with common open space areas on abutting parcels wherever possible.

Comprised of areas not less than 100 feet in width and not less than 15,000 square feet of contiguous area, except that the minimum width may be reduced to not less than 10 feet where that portion of the open space is being used solely as a trail corridor in accordance with Subsection C below.

Provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance equipment, and other vehicular traffic, and containing appropriate access improvements.

Undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission.

(h)

Free of all structures, except those related to outdoor recreation use.

(i)

Suitably landscaped either by retaining existing natural cover and/or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this section and which minimize maintenance costs.

(j)

Where not dedicated to the Township, made subject to the terms of a conservation easement, as stipulated in § 399-58C(5)(e) of Chapter 399, Zoning, for the purpose of preserving the open space land for the purpose intended.

(10)

Ownership and maintenance. The open space shall be owned and maintained as per § 399-58C(5) of Chapter 399, Zoning.

Nonresidential subdivisions and land developments.

Statement of intent. In requiring recreational lands and facilities, and/or fees in lieu thereof, it is the intent of the Township to further and more effectively implement the East Brandywine Township Comprehensive Plan as they relate to open space, recreation, and natural feature protection needs within East Brandywine Township. Nonresidential development creates its own demands for local recreational lands and facilities, and developers of nonresidential land need to contribute proportionately to meeting that demand.

Trails. An applicant for nonresidential subdivision or land development approval shall comply with the terms of Subsection C below, regarding the retention and provision of trails on the site proposed for development.

Required recreational lands/facilities or fees in lieu thereof.

Except where the Board of Supervisors, at its sole discretion, waives the provisions of this subsection, all proposed nonresidential subdivisions or land developments shall provide recreational lands, facilities, and/or fees in lieu thereof in accordance with the terms herein. These requirements are designed to address the demand for park and recreation facilities resulting from the additional employees, customers, and/or clients that will be generated by the proposed development.

Aside from the provision of trail corridors in accordance with Subsection C below, the Township's general policy shall be to require a fee in lieu of on-site recreational lands for nonresidential development, with such fees designated to create, expand, and improve community park facilities within East Brandywine Township. Permanent set-aside or dedication of on-site lands and facilities, or a combination of land/facilities and fees, shall be considered for acceptability by the Board upon request of the applicant. The applicant must demonstrate how either of these alternatives will be equally effective in meeting the purpose of this subsection and the recreational demands created by the proposed development. In deciding upon such a request the Board also shall consider:

Whether the location is especially important to complement other existing or proposed recreation lands, or to meet the needs of an area with particularly strong demands;

If the site is particularly well-suited in response to broader public demand beyond that generated by the site itself;

The potential relationship to future Township plans and programs; and

The factors in Subsection A(5) above.

When the Board determines that a set-aside of land and facilities within the tract proposed for development will satisfy the requirements of this section, the minimum amount of such land to be set aside shall be calculated on the basis of 250 square feet of land meeting the criteria of this section to be set aside per one of the following amounts of gross floor area, or portion thereof, for the principal use of the property: 1] for each 200 square feet of office use; 2] for each 275 square feet of commercial use; 3] for each 500 square feet of industrial use; and 4] for religious, institutional, and/or nonprofit uses, or any other nonresidential use not specified in this section, the amount required in 1], 2], or 3], above, deemed by the Board of Supervisors to be most comparable to the proposed use in terms of generating need for recreation land. Irrespective of the results of this calculation, however, no proposed area of recreation land shall be less than 7,500 square feet in size. The term "gross floor area" shall be as defined in Chapter 300 of the East Brandywine Township Code. The type and extent of recreation facilities shall be as determined appropriate by the Board.

[Amended 11-29-2018 by Ord. No. 06-2018]

Characteristics and design standards for lands to be set aside shall be in accordance with Subsection A(9) above.

Ownership of recreational lands set aside on-site shall remain with the developer or subsequent owner of the site, unless the Board accepts an offer of dedication of some or all of the land. Ownership of any trail corridor shall be in accordance with Subsection C below.

Where a fee is to be provided in lieu of the set-aside of land and the provision of facilities for active recreation on the site, the fee shall be established in conformity with Section 503(11) of the Municipalities Planning Code[2] and the amount of the fee shall be established by resolution duly adopted by the Board of Supervisors.

[Amended 11-29-2018 by Ord. No. 06-2018]

Editor's Note: See 53 P.S. § 10503.

Standards for the documentation, payment, deposit, and use of any fees shall be those in Subsection A(8) above.

Applications for subdivision or land development approval where the principal uses are to be agricultural, as defined in Chapter 300, shall be exempt from the provisions of this Subsection B.

[Amended 11-29-2018 by Ord. No. 06-2018]

Trails. A system of pedestrian, bicycle, and/or equestrian trails shall be maintained, established, and/or extended for public use, so as to encourage the formation of an interconnected trail network, both within and beyond the Township.

[Amended 12-30-2004 by Ord. No. 04-07]

Existing trails.

On any tract containing an existing trail, as shown on the Comprehensive Trail System Map or as otherwise identified by the applicant or the Township, the plan for development of the tract shall incorporate and protect the continuing viability of the trail.

The applicant may request the relocation of the existing trail corridor elsewhere within the tract, where the applicant alleges the existing location impedes the appropriate development of the tract in accordance with other applicable standards of this chapter. Any such proposed relocation must be reviewed by the Parks and Recreation Board, approved by the Board of Supervisors, and accomplished in a manner consistent with the terms of this section and other applicable standards of this chapter and, in particular, with the terms of Chapter 345, Stormwater Management.

[Amended 2-18-2015 by Ord. No. 01-2015]

By means of the existing and/or relocated trail, the plan for the tract shall provide and maintain connections to the Township’s comprehensive trail system and to any other existing trails on contiguous properties.

Where a proposed subdivision or land development abuts or contains an existing trail that is designated as an arterial trail by the Comprehensive Trail System Map, the Board may require creation and, as it deems necessary, dedication of additional trail cartpaths and/or shoulders to provide the minimum cartpaths and shoulders specified for an arterial trail by this section, or such other treatment as will provide protection for abutting properties, reduce the length and/or width of trail essentially serving the same purpose, and assure compatibility with other segments of the comprehensive trail system.

Where a proposed subdivision or land development contains an existing trail that is proposed to function as a local/collector trail but does not fully comply with the standards in this section for such a trail, the Board may require that the trail be improved to meet such minimum standards.

Where a proposed subdivision or land development is located adjacent to an existing or planned bikeway per the comprehensive trail system or a state-designated bicycle route, a formal bicycle lane a minimum of six feet in width, with applicable striping and signage per PennDOT's Design Manual, shall be installed for the limits of the development, if so directed by the Board.

[Added 11-29-2018 by Ord. No. 06-2018]

Creation of new trails and trail links.

Where the tract does not contain an existing trail, new local/collector and, as applicable, multi-use arterial trails shall be created that enable pedestrian, bicycle, and/or equestrian connections to existing or potential trail corridors off the site and provide internal circulation and/or recreation opportunities. Trail routes and functions shall be established in consultation with the Township Parks and Recreation Board, shall be consistent with trail locations designated in the Township’s comprehensive trail system, and shall be coordinated with trails, or recorded plans for trails, on adjacent tracts. The applicant shall submit a trail map showing the location of the proposed trail and point(s) at which linkages will be made off site. Linkages off site shall correspond to major planned site entrances or to other identified linkages indicated on the Comprehensive Trail System Map, unless waived by the Board of Supervisors.

Where no trail has been indicated on the Comprehensive Trail System Map, the applicant shall provide for local/collector trails as a means of access to the trails indicated on said map. Provisions for trail connections into and from adjacent areas shall be required, unless waived by the Board of Supervisors.

Any newly created trail shall be available for public use and generally shall be unrelated to and separate from streets within the tract. A trail route may utilize a sidewalk only where site design or open space alternatives do not exist, or where such location best facilitates an off-site connection with an existing trail. Approval of any such trail routing on sidewalks shall be at the sole discretion of the Board of Supervisors. At the option of the applicant, and consistent with Township plans, the trail may be located adjacent to existing or proposed lot lines and/or within common open space.

Trail design.

Thoughtful and imaginative design of trails and their relationship to the arrangement and shape of lots and open space areas is required.

Trails shall be logically related to environmental features so as to minimize disturbance to such features while permitting observation of such features.

Trails shall be curvilinear in design, constructed on reasonable grades, and have proper drainage.

Trails shall provide for adequate vision and sight distances and shall include design features, as determined appropriate by the Township, to notify trail users of road crossings or other potentially hazardous locations. Such required features may include signage, bollards, fencing, gates, striping or other trail surface treatment, or other measures deemed necessary by the Township.

Ownership and trail easement terms.

Trail corridors traversing areas of common open space shall be owned and maintained by a homeowners' association or similar entity or by means of dedication to an organization capable of carrying out ownership and maintenance responsibilities that is specifically approved by the Board of Supervisors. Where a trail corridor traverses an individual lot, the Township shall be responsible for maintenance of the trail cartpath surface and the area of the trail shoulder(s) contained within the trail right-of-way, consistent with the terms of any easement establishing the trail's right-of-way corridor.

Regardless of trail ownership, the developer shall, as a condition of final plan approval, prepare and submit a continuing offer of dedication of a trail easement to the Township. Such easement shall, at minimum, cover the full width of the trail corridor right-of-way, as required by this section. Terms of the easement shall, at minimum:

Assure that the trail is accessible to the public;

Stipulate that there is no cost to the Township of easement acquisition (other than any costs incidental to the transfer);

[c]

Establish a maintenance agreement acceptable to the Township; and

[d]

Guarantee to the Township the right of entry for inspection, emergency, and maintenance purposes.

Trail design and construction shall be consistent with the standards contained herein and with other segments of the Township trail network.

The applicant shall obtain any applicable permits, approvals, or waivers from other regulatory agencies with jurisdiction over proposed trail location, materials, construction, or road crossing, or where the identified trail corridor will impact natural resources for which disturbance permits are required, including but not limited to stream crossing or wetland disturbance.

(h)

Dead-end trails shall be avoided, except as logical termini or as stubs to permit future trail extension into or from adjoining tracts.

(i)

Continuations of existing trails shall be known by the same name, but names for other trails shall not duplicate or closely resemble names for existing trails in the Township or adjacent municipalities. Where trails continue into adjacent municipalities, evidence of compatibility of design, particularly with regard to trail surfacing, width, and right-of-way, shall be submitted. The applicant shall coordinate such designs with both municipalities to avoid abrupt changes in width or improvements.

(j)

With the exception of motorized wheelchairs and maintenance vehicles, motor vehicles may not be used on trails.

(k)

Hierarchy of trail components. Within the Township's comprehensive trail system, each trail shall be designated as one of the following components, as defined in § 350-8 of this chapter:

Multi-use arterial.

Bikeway.

Local/collector.

Trail widths.

The minimum right-of-way, cartpath, and shoulder widths for all new trails in the Township shall be as follows:

Type of Trail	Cartpath (feet)	Shoulder (feet)
Multiuse arterial	8 (6 minimum for one way)	2 (per shoulder)
Bikeway	6	N/A
Local/collector	5	1 to 2 (per shoulder)

Any trail within a public park shall have a minimum cartpath of eight feet and minimum shoulders of two feet.

Right-of-way width for any trail shall be less than 12 feet.

Additional right-of-way and/or cartpath widths may be required by the Board of Supervisors for the following purposes:

To promote public safety and convenience.

To assure proper management of stormwater runoff.

[c]

To accommodate special topographical circumstances which may result in cut/fill slopes extending beyond the standard trail width. These cut/fill slopes should in all circumstances be included within the trail right-of-way to assure accessibility for maintenance operations. Any cut or fill area adjacent to a trail shoulder shall have a maximum slope of 3:1.

Trail widths less than prescribed in this section shall not be permitted.

(m)

Trail alignment.

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

Multi-use arterial trails: 35 feet.

Bikeways: 65 feet.

[c]

Local/collector trails: 15 feet.

Curves shall not produce excessive flatness in grade. There shall be no dips, cross-gutter bumps, or humps in the surfacing.

Sight lines and stopping sight lines for all new trails in the Township shall be as follows:

Type of Trail	Sight Lines (feet)	Stopping Sight Line (feet)
Multi-use arterial	60	50
Bikeway	130	150 to 175
Local/collector	30	25

(n)

Trail grades.

Grades for any trail shall not exceed 5%, except that steeper grades may be permitted for short lengths, in no event exceeding 200 feet, where natural contours provide conditions for minimal grading at the steeper grade.

Under no conditions will maximum grades be permitted with minimum curve radii.

Applicants shall only propose locating a trail on a slope steeper than permitted above if it can be demonstrated that all other options for trail location have been exhausted. Under such circumstances, the Board of Supervisors may require the use of switchbacks as an effective technique for traversing steep slopes. Under certain circumstances, the Board of Supervisors may require the construction of stairs for safe climbing. When stairs are used, documentation of their design and construction shall be required. In particular, methods used to prevent erosion, safeguard the public, and provide long-term maintenance shall be documented.

(o)

Trail construction. (See Appendix "Typical & Alternative Trail Surface Cross Sections" for an illustration of trail dimensions, construction specifications, and alternative surface examples.[3])

[Amended 4-18-2024 by Ord. No. 03-2024]

All materials entering into the construction of trails and the methods of construction and drainage shall be in accordance with the terms of this section and the applicable standards of the American Association of State Highway and Transportation Officials (AASHTO). Multi-use arterial trails shall not be designed and constructed for speeds in excess of 15 mph. Bikeways shall not be designed and constructed for speeds in excess of 30 mph. Local/collector trails shall not be designed and constructed for speeds in excess of 10 mph.

Surfacing.

Except where an alternative surfacing material is specifically authorized by the Board of Supervisors under the terms of Subsection C(2)(o)[2][b] below, all trails, including multi-use/arterial trails, bikeways, and local/collector trails, shall consist of a six-inch base surface of crushed stone with a two-inch asphalt top coat. The asphalt top coat shall consist of a wearing course containing no more than one-half-inch crushed stone.

Where the Board of Supervisors deems it appropriate for reasons including, but not limited to, environmental sensitivity, stormwater management, protection of scenic or characteristic landscapes, or similar purposes, the Board, following consideration of any recommendation by the Township Engineer, may authorize and require the use of alternative surfacing materials and techniques, including but not limited to:

[i]

A minimum of five inches of three-eighths-inch crushed stone, compacted with fine particles.

[ii]

Soil cement, stone chips, and resin-based stabilizer as a flexible surface in sensitive areas.

[iii]

Sand or stone dust.

[iv]

Mown grass (to handle high traffic) or boardwalk, particularly in areas of frequent flooding, waterlogged soils, and riparian corridors.

[v]

Porous paving.

[vi]

Wood chips, as the least preferred alternative.

All trails, other than mown grass or boardwalk surfaces, shall be underlined with Class 4 geotextile fabric.

Overhead clearance for all trails shall be no less than 10 feet.

Trail shoulders shall be free of woody vegetation, graded to provide adequate drainage and smooth transition from the trail cartpath surface, planted and maintained with appropriate ground cover, and underlined with Class 4 geotextile fabric.

Editor's Note: Said illustration is included at the end of this chapter.

(p)

Trail lighting.

Trail lighting is generally not required unless the Board of Supervisors determines that parking areas, trail heads, or major road crossings warrant such.

In the event lights are used, the style, type and manufacturer of trail lights shall be subject to the approval of the Township.

(q)

Trail signage.

Trail signage shall conform to the standards of the Federal Highway Administration's (FHWA) Manual on Uniform Traffic Control Devices regarding sign shape and color. FHWA standards regarding sign size shall not apply to trails, except as specifically required for bicycle facilities. Signs shall be clearly readable, easily understood, and sized according to the scale of the trail. Signs shall be constructed of Carsonite, unless a similar plastic and/or fiberglass material is specifically approved by the Board of Supervisors, and shall not detract from the scenic quality of the trail. All signs shall be reviewed by the Parks and Recreation Board and subject to the approval of the Board of Supervisors.

Where applicable, signs shall conform to the requirements of the Pennsylvania Department of Transportation's (PennDOT) Handbook of Approved Signs or as otherwise approved by PennDOT.

Unless specifically waived by the Board of Supervisors, the following types of signs shall be required at applicable points along trails and shall be provided by the applicant:

Regulatory/guidance signs. Such signs shall serve two purposes:

[i]

For traffic control or to give operational requirements (examples include stop and yield signs, speed limit signs, and right-of-way signs); and

[ii]

For trail information or directions (examples include signs which point out local points of interest or nearby service facilities). These types of signs should be accompanied by a trail map indicating the local trail segment, "you are here" location, and regional trail interconnections. Guidance signs, in the form of kiosks, shall be provided at any intersection of an arterial trail with another arterial trail, with a collector trail, or with a bikeway.

Warning signs. Such signs shall be used to point out existing or potentially dangerous conditions; examples include signs which warn of grade changes or changes in surface conditions and signs which warn of upcoming bridges, intersections or tunnels. Traffic signs intended to be placed at road crossings or traffic signals must be designed to provide for proper safety, site distances, and warning to trail users. Designs, including sketches, must be submitted for review and approved by the agency having jurisdiction over the road being crossed. Provisions for adequate long-term maintenance must accompany such submissions.

Excessive signage shall be prohibited. For example, signage shall not be permitted to detract from the natural or scenic qualities of trails.

(r)

Trail maintenance.

Where maintenance of trails is to be the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities, such maintenance responsibilities shall be established in accordance with the terms of Subsection C(2)(e) above. Clearing of snow and similar winter maintenance shall not be required, except where otherwise specifically mandated, e.g., as part of a sidewalk system.

While it is anticipated that trail usage will contribute significantly to trail maintenance, responsible parties shall inspect trails on a periodic basis and provide needed maintenance. The Township shall have the right, but not the obligation, to keep trails passable. Maintenance undertaken by responsible individuals or entities shall not infringe upon passage by trail users.

(s)

Timing of trail installation. The trail system approved as part of the final plan for a tract shall be fully constructed and installed in accordance with the following:

All portions of multi-use arterial trails and bikeways located on the tract shall be installed prior to the issuance of any building permit.

Building permits shall be issued for not more than 25% of the dwelling units approved for a site, or any phase thereof, until installation of any local/collector trail is completed for the site or phase, respectively.

(t)

Bikeway striping shall be installed per the Manual for Uniform Traffic Control Devices (MUTCD), Figure 9C-3 and applicable PennDOT regulations.

[Added 11-29-2018 by Ord. No. 06-2018]

Trails meeting minimum open space requirements.

[Added 11-29-2018 by Ord. No. 06-2018]

Where an existing trail is retained on the site, either in its existing location or through relocation, or a new trail corridor is created on the site, the Board may, as it deems appropriate, allow the land area devoted to such trail corridors to qualify in calculating the amount of open space required under Subsections A and B, above.

The Board may consider the costs incurred by the applicant to develop a trail or trails in its determination of the amount of any fee required of the applicant, consistent with the terms of Subsections A and B, above.

§ 350-51 Easements.

Where water and/or sewer facilities are intended for dedication, the requirements for easement shall be determined by the Board. Easements shall be similarly established as necessary for other utilities.

Storm drainage easements shall be provided as required by the Township, consistent with § 350-52 of this chapter.

The Board may require easements as prerequisites to its approval of common driveways or other access arrangements.

§ 350-52 Stormwater management.

[Amended 4-4-1994; 8-20-2003 by Ord. No. 03-04; 2-18-2015 by Ord. No. 01-2015]

All applications for subdivision or land development shall comply with the applicable provisions of Chapter 345, Stormwater Management.

§ 350-53 Natural features conservation.

Conservation of surface and groundwater resources.

The following activities shall be minimized:

Disturbance to natural swales and channels.

Disturbance to water hazard soils, as defined in this chapter and delineated on the East Brandywine Township Water Hazard Soils Map, and to any other year-round wetland areas, areas with seasonally high water tables, and areas of surface water concentration. The use of any water hazard soil area shall be regulated as per § 399-15 of Chapter 399, Zoning.

Grading or other disturbance to, and the creation of impervious cover on, areas producing relatively high rates of groundwater recharge. The location and extent of such areas shall be determined for each applicant's property on the basis of its geologic, soil, slope, and cover conditions.

Any encroachment on streams or floodplains shall be regulated as per § 399-13 of Chapter 399, Zoning. Further, subdivisions or land developments within any designated floodplain district shall comply with the following provisions:

Purposes. The specific purposes of these provisions are:

To regulate the subdivision and/or development of land within any designated floodplain district in order to promote the general health, welfare and safety of the community.

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

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

General provisions:

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

Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any identified floodway area or district. Sites for these uses may be permitted outside the floodway if the sites or dwelling units are elevated up to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures.

Building sites for structures or buildings other than for residential uses shall also not be permitted in any identified floodway area or district. Also, such sites for structures or buildings outside the floodway shall be protected as provided for in Subsection A(2)(b)[2] above. However, the governing body may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed at least up to that height.

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

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

Excavation and grading. Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the Chester County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate.

Drainage facilities.

Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings.

Plans shall be subject to the approval of the Township. The Township may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

Stormwater management facilities will be designed to maximize groundwater recharge and minimize runoff to streams. Where feasible all subdivision and land development plans may incorporate groundwater recharge facilities such as downspout seepage beds, etc., for all proposed buildings. Wherever possible, similar groundwater recharge devices may be used to control runoff from driveway and parking lot areas to minimize the size of other stormwater management facilities that may be necessary, but do not provide appreciable recharge. All groundwater recharge facilities will be properly designed to meet site conditions.

[Amended 4-4-1994]

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

Sanitary sewer facilities. All sanitary sewer systems shall be floodproofed up to the regulatory flood elevation.

The installation of sewage disposal facilities requiring soil absorption systems shall be prohibited where such systems will not function due to high groundwater, flooding, or unsuitable soil characteristics or within designated floodplain areas or districts. The Township may require that the developer note on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in any such area or district.

The Township may prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or near the proposed subdivision and/or land development, the Township shall require the developer to provide sewage facilities to connect to this system where practical, and shall prescribe the procedures to be followed by the developer in connecting to the system.

Water facilities. All water systems, whether public or private, shall be floodproofed up to the regulatory flood elevation. If there is an existing public water supply system on or near the subdivision, the Township shall require the developer to connect to this system where practical, and shall prescribe the procedures to be followed by the developer in connecting to the system.

(h)

Other utilities and facilities. All other public and private utilities and facilities including gas and electric shall be elevated or floodproofed up to the regulatory flood elevation.

Conservation and management of any area located within the Riparian Corridor Conservation District shall be in accordance with the terms of § 350-53.1 of this chapter and the applicable provisions of Chapter 399, Zoning, of the Land Use Code of the Township of East Brandywine.

[Added 11-17-2003 by Ord. No. 03-08]

Conservation of agriculturally suited soils.

In subdivisions and land developments where permanent open space is to be retained, the applicant shall, wherever possible and in conformance with other applicable ordinances, include in such open space those agriculturally suited soils whose acreage, configuration and location offer future opportunity for agricultural use.

In the siting of individual structures on lots, areas of agriculturally suited soils should be left free of structures or paving whenever possible, to allow opportunities for gardens and other agricultural uses.

Conservation of woodlands and other vegetation. These regulations are intended to provide reasonable protection to identified woodlands and specimen vegetation during the site preparation and development process. They are designed to implement woodland protection policies of the Township Open Space and Environmental Resources Plan.

[Amended 9-19-2001; 11-29-2018 by Ord. No. 06-2018]

Limitations to woodland disturbance.

Woodland disturbance, including alteration or removal of any hedgerows, shall be minimized.

No specimen vegetation shall be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board that such removal is essential to eliminate hazardous condition(s) or otherwise permit lawful use of the lot or tract. Where permitted, removal of specimen vegetation shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required under Subsection C(2)(a) below.

Where permitted, woodland disturbance shall not involve more than 25% of the total gross area of any woodland or hedgerow(s) on any lot or tract without required woodland replacement in accordance with Subsection C(2) below. For purposes of this section, the extent of any area of woodland disturbance shall be measured to include the entire area within the dripline of any tree where any part of the area within the dripline of said tree is subject to woodland disturbance.

In determining where necessary woodland disturbance shall occur, the applicant shall consider the following:

The location(s), and benefit of conservation, of healthy, mature woodland stands;

The impacts, in terms of functions and values to wildlife, of separating, dividing, and/or encroaching on wildlife travel corridors and/or extensive habitat areas, especially woodlands exceeding five acres in area.

In areas of permitted woodland disturbance, care shall be exercised to protect remaining trees from damage. The following procedures shall be utilized during construction in order to protect remaining trees:

Where existing trees are to remain, no change in existing grade shall be permitted within the dripline of the trees.

Prior to any site clearance or disturbance activities, and upon approval of the Township Engineer, the applicant shall place standard orange construction fencing five feet beyond the dripline of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. The responsible entity shall have 24 hours to repair a damaged fence or the Township shall cause a construction shutdown.

Roots shall not be cut within the dripline of any trees to remain.

Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

No boards or other material shall be nailed or otherwise attached to trees during construction.

[6]

Construction materials, equipment, soil and/or debris shall not be stored or disposed of within the dripline of trees to remain, except for mulched vegetative matter used to prevent soil compaction.

[7]

Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage by being treated immediately with accepted procedures satisfactory to the Township.

Where some or all of the woodland that will remain following site preparation and house siting is identified by the Township as having unusual public benefit due to its size, relationship to larger, contiguous off-site woodlands, inclusion of specimen vegetation, or important slope stabilization or similar environmental benefit, as determined by a forestry professional retained by the Township, the Board may require that such identified woodland area be subject to a conservation easement securing the terms of nondisturbance.

Nothing in this § 350-53 shall be interpreted or imposed in a manner to unreasonably restrict forestry activities carried on in accordance with all applicable statutes and regulations, and sound forestry practices as provided in § 603 of the Municipalities Planning Code,[1] and as defined in § 107 of the Municipalities Planning Code.[2]

Editor's Note: See 53 P.S. § 10603.

Editor's Note: See 53 P.S. § 10107.

Required vegetation replacement.

Where woodland disturbance involves more than 25% of the total gross area of any woodland or hedgerow(s) on any lot or tract, three trees and five shrubs shall be planted for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the permitted 25%. These plantings shall all be native species appropriate for the location.

Minimum specifications.

Plantings used to comply with the minimum number of replacement plantings required shall have the following minimum specifications:

Trees: three to 3 1/2 inch DBH.

Shrubs: 24 inches to 30 inches in height or spread.

Plantings and their measurement shall conform to the standards of the publication "American or U.S.A. Standard for Nursery Stock," ANSI or USAS Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Township, replacement trees required as above may be substituted by trees of at least 1 1/2 inch DBH at a ratio of three trees for each one tree otherwise required.

Conservation of sloping lands.

All grading and earthmoving on slopes exceeding 15% shall be minimized.

Site disturbance on slopes exceeding 25% shall be regulated as per § 399-14 of Chapter 399, Zoning.

Grading or earthmoving on all sloping lands of 15% or greater shall not result in earth cuts or fills whose highest vertical dimension exceeds 10 feet, except where no reasonable alternatives exist for construction of public roads, drainage structures, and other public improvements, in which case such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and fills shall not exceed 3:1, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

Conservation practices during site preparation.

Protection of vegetation from mechanical injury.

All woody vegetation to be retained within 25 feet of a building site, parking area, or other proposed improvement shall be protected from equipment damage by snow fencing or other effective barriers.

Heavy equipment operators shall minimize damage to existing tree trunks and root systems. Roots shall not be cut or disturbed within the area circumscribed by the dripline of any tree.

Tree trunks and exposed roots damaged during construction shall be protected from further damage by fencing or other structural barrier. Treatment of damaged areas shall be dictated by the nature of the injury, e.g., damaged bark should be cut back to a point where the bark is intact and tight to the tree, exposed roots shall be cleaned up and covered with topsoil.

Trees shall not be used for roping, cables, signs, or fencing. Nails and spikes shall not be driven into trees.

The area around the base of existing woody vegetation shall be left open. No impervious cover, storage of equipment, materials, debris, or fill shall be allowed within the dripline of any existing tree.

Protection of vegetation from grading change. Grade changes to occur at any location on the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.

Protection of vegetation from excavations.

When digging trenches for utility lines or similar uses, disturbance to the root zones of all woody vegetation shall be minimized.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible, avoiding soil compaction.

Protection of topsoil.

No topsoil shall be removed from a site unless a sufficient amount is retained to provide at least four inches of topsoil cover over all of the site's exposed earth surfaces. More than four inches may be required if the Township determines that a greater amount is needed for the long-term viability of certain plantings.

Topsoil removed by grading operations shall be redistributed and stabilized as quickly as possible following the completion of a project or project phase. All exposed earth surfaces shall be stabilized by the following methods or approved equal:

Seeding or planting on slopes less than 10%.

Sodding, hydro-seeding, or rip-rap on slopes exceeding 10%.

Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period November 15 to April 1 when revegetation of exposed ground surfaces is difficult.

Protection during cleanup. Fences and barriers placed around woody vegetation during construction shall be removed if they could impede the growth and maintenance of such vegetation.

§ 350-53.1 Riparian corridor management standards.

[Added 11-17-2003 by Ord. No. 03-08]

Where the tract or lot proposed for subdivision or land development contains any portion of the Riparian Corridor Conservation District (RCCD), as delineated under the terms of Chapter 399, Zoning, the Township Engineer or his designee shall evaluate existing conditions within the RCCD to determine if the applicant shall be required to submit a management plan.

Where a forested riparian corridor condition, as defined in Chapter 399, Zoning, of the Land Use Code of the Township of East Brandywine, exists within the RCCD, and the proposed development of the tract will not materially alter or disturb this condition, the application will not be required to prepare and submit a planting and maintenance plan as otherwise required by this section. Where the RCCD is contained within an area or areas of common open space, its future condition shall be addressed as part of the open space management plan and in terms of the required conservation easement for such open space. In all other cases, the applicant shall demonstrate, to the satisfaction of the Township, measures to assure a forested riparian corridor condition within the RCCD and its protection against disturbance.

[Amended 1-20-2016 by Ord. No. 01-2016]

Where the Township Engineer or his designee determines that the RCCD constitutes an impacted riparian corridor condition, as defined in Chapter 399, Zoning, of the Land Use Code of the Township of East Brandywine, or that as a result of the proposed development a forested riparian corridor condition will be adversely altered or disturbed, the applicant shall be required to prepare and submit a planting and maintenance plan as described herein. Where required, the forested riparian corridor planting and maintenance plan may be submitted as part of a required common open space management plan; regardless, it shall contain the information called for in this section.

[Amended 1-20-2016 by Ord. No. 01-2016]

Plan contents.

Where required, a riparian corridor management plan shall include the following:

A narrative describing:

The proposed development of the subject property;

The features of the Riparian Corridor Conservation District within the subject property; and

The projected impacts of the development within and upon the RCCD area contained within the tract or lot.

A description and depiction of site improvements and land management practices proposed to mitigate the projected impacts on the RCCD area. Such improvements and practices shall be consistent with and fulfill the requirements of Chapter 399, Zoning, including the statement of intent and management plan standards for the Riparian Corridor Conservation District.

A description of the significance of the RCCD area and the expected outcomes of the management and maintenance activities to be performed. The management plan, in narrative and/or graphic form, shall be designed to minimize land disturbance within the RCCD area, and shall include, at minimum, the following provisions:

Steps to be taken and plant material to be utilized to accomplish the revegetation of the corridor where the Township has determined that desired natural vegetation does not exist or is inadequate to meet the objectives of the RCCD;

Measures to achieve the removal of invasive species;

Procedures by which the RCCD area will be inspected annually and immediately following severe storms for evidence of sediment deposit, erosion, concentrated flow channels, or reemergence of invasive species;

The manner in which any area within the RCCD will be owned and by whom it will be managed and maintained;

The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian corridor; and

[6]

The professional and personnel resources that are anticipated to be utilized in order to maintain and manage the riparian corridor area.

Where applicable, the applicant is strongly encouraged to seek woodland management assistance through the Pennsylvania Forest Stewardship Program, as administered by the Pennsylvania Bureau of Forestry.

Mitigation measures. Permitted uses that involve disturbance of vegetation within the Riparian Corridor Conservation District shall be mitigated by either of the following measures:

Increasing the effectiveness of the corridor. In existing degraded wooded areas or proposed new wooded areas, an area equal to twice the area of disturbance shall be planted with three distinct layers of vegetation: 1) canopy trees, such as oak, hickory, maple, gum, beech, sycamore, spruce, hemlock, pine, and fir; 2) shrubs that provide an understory, such as elderberry, viburnum, azalea, rhododendron, holly, laurel, and alders; and 3) herbaceous plants that serve as ground cover, including ferns, sorrel, trillium, violet, Virginia creeper, nettle, phlox, aster, and worts. All three layers shall be planted at a density sufficient to create a fully functioning, naturalized riparian corridor.

Converting to a more effective landscape. An area equal to three times the area of disturbance is converted to a more effective landscape. The following landscapes are listed in order of effectiveness, from most effective to least effective: woodland, meadow, shrub, old field, and pasture.

Restoration of impacted riparian corridor areas. Where an area or areas of the RCCD are to be restored and/or revegetated, as deemed necessary by the Township, such restoration shall include, but need not be limited to, removing invasive vines, removing invasive trees and shrubs, and correcting soil erosion problems for the first four years, and planting locally adapted, native species of trees and shrubs, and properly maintaining all new plantings for a minimum of five years.

[Amended 1-20-2016 by Ord. No. 01-2016]

Revegetation standards. To function properly, an area or areas of the Riparian Corridor Conservation District to be restored and/or revegetated shall meet the following planting standards:

[Amended 1-20-2016 by Ord. No. 01-2016]

Restoration plantings shall be planted at a density sufficient to provide a minimum of 200 trees per acre at canopy closure. The following tree planting and spacing standards shall apply at installation:

Seedlings: ten-foot spacing (approximately 435 seedlings per acre), protected by five-foot tree shelters.

Bare root trees or container trees (at least six feet in height for either): twelve-foot spacing (approximately 300 trees per acre). Tree shelters or wraps are recommended to prevent damage from antler rubbing.

To reduce competition from grasses and invasives, vegetation around tree shelters shall be sprayed or otherwise effectively controlled annually for a minimum of four years. Tree shelters shall be maintained at all times and removed when the tree reaches 1 1/2 inches to two inches in caliper.

Additional planting guidance may be obtained from PADEP's Bureau of Watershed Management Document Number 394-5600-001, entitled "Riparian Forest Buffer Guidance, November 27, 2010," and the "Chesapeake Bay Riparian Handbook, A Guide for Establishing and Maintaining Riparian Forest Buffers," USDA Forest Service, NA-TP-02-97, Radnor, PA.

§ 350-54 Landscaping.

[Amended 8-20-2003 by Ord. No. 03-04; 11-29-2018 by Ord. No. 06-2018]

Shade trees shall comply with the applicable standards of per § 350-53C(2).

Planting areas should be selected and designed to reflect the landscape characteristics as well as those environmental conditions to be created following site disturbance by the applicant.