A.
The standards and requirements contained in this article
are intended as the minimum for the promotion of the public health,
safety, and general welfare, and shall be applied as such by the Township
Planning Commission and Board of Supervisors in reviewing all proposals
for subdivision and land development.
B.
Whenever other Township ordinances or regulations
impose more restrictive standards and requirements than those contained
herein, such other ordinances or regulations shall be observed; otherwise,
the standards and requirements of these regulations shall apply.
C.
The standards and requirements of these regulations
may be modified by the Board of Supervisors in the case of complete
communities, neighborhood units, or other large-scale developments
upon the recommendation of the Township Planning Commission that such
modification substantially achieves the objectives of these regulations.
Such modifications, if approved, shall be assured by such covenants
or other legal provisions as will assure conformity to and achievement
of the development as shown on the record plan.
D.
Land subject to hazards to life, health, or property,
such as may arise from fire, floods, disease, or other causes, shall
not be subdivided for building purposes unless such hazards have been
eliminated or unless the subdivision plan shall show adequate safeguards
against them, which shall be approved by the appropriate regulatory
agencies.
Physical improvements to the property being
subdivided shall be provided, constructed, and installed as shown
on the record plan, in accordance with the requirements of these regulations
or other Township ordinances or regulations, whichever is more restrictive.
A.
As a condition to review of a final plan by the Township
Planning Commission and Board of Supervisors, the applicant shall
agree with the Township as to the installation of all improvements
shown on the plan and required by these or other Township ordinances
or regulations. Before the record plan is endorsed by the Township
Planning Commission and the Board of Supervisors, the applicant shall
submit a completed original copy of the Subdivision Improvements Agreement
(a sample copy of this agreement is found in the appendix).[1]
[1]
Editor's Note: The sample Subdivision Improvements Agreement is included at the end of this chapter.
B.
All improvements installed by the subdivider shall
be constructed in accordance with the design specifications of the
Township, including any promulgated by a Township Authority.
C.
Where there are no applicable Township specifications,
improvements shall be constructed in accordance with specifications
furnished by the County Engineer, Pennsylvania Department of Transportation,
Pennsylvania Department of Environmental Protection, or such other
state agency, as applicable. If there are no applicable Township or
state regulations, the Board of Supervisors may authorize that specifications
be prepared by the Township Engineer or a consulting engineer.[2]
D.
Supervision of the installation of the required improvements
shall in all cases be the responsibility of the Township or of the
appropriate state regulatory agency.
A.
General standards.
(1)
The proposed street system shall extend existing or proposed street shown on any Official Map, as may be duly adopted by the Township, at the same width or larger but in no case at less than the minimum required in Subsection B, below.
(2)
Where, in the opinion of the Township Planning Commission,
it is desirable to provide for street access to adjoining property,
street stubs shall be extended by dedication to the boundary of such
property.
(3)
New minor streets shall be so designed as to discourage
through traffic, but the subdivider shall give adequate consideration
to provision for the extension and continuation of major streets and
collector streets into and from adjoining properties.
(4)
Where a subdivision abuts or contains an existing
street of inadequate width or alignment, the Township Planning Commission
may require the dedication of land sufficient to widen the street
or correct the alignment.
(5)
Private streets (streets not to be offered for dedication)
are prohibited unless they meet the design standards of these regulations.
(6)
New half streets and partial streets are prohibited.
However, where an existing half street or partial street is adjacent
to a tract proposed for subdivision or land development, the remaining
width necessary to create a street meeting the requirements of this
chapter shall be plotted within such tract. The proposal shall not
be approved unless the developer agrees to improve and dedicate the
remaining width of the street and such agreement is incorporated within
the required improvements agreement.
B.
Street widths. Minimum right-of-way and cartway width
for streets shall be determined by the design speed and function of
the street.
(1)
The minimum cartway width for any given street shall
be computed according to the following requirements.
(a)
Except as noted below, each travel lane on local
access streets, collector streets, and arterial streets shall have
a minimum paved width of 12 feet.
(b)
Where a single-access street provides access
to 10 or fewer dwellings, the travel lanes may have a paved width
of not less than 10 feet.
(c)
Service streets and alleys shall have a total
paved width of not less than 18 feet.
(d)
On-street parking.
[1]
Where on-street parallel parking is to be provided
along one side of a street, an additional paving width of nine feet
shall be required.
[2]
Where on-street parallel parking is to be provided
along both sides of a street, an additional paving width of 18 feet
shall be required.
[3]
On-street parking shall not be permitted along
arterial streets.
(e)
Where center left-turn lanes or right-turn-only
lanes are provided, each such lane shall have a minimum width of 12
feet.
(f)
The nontapered portion of acceleration and deceleration
lanes shall have a minimum width of 12 feet.
(g)
No street shall have a paved width of less than
24 feet, except that single-access streets serving 10 or fewer dwellings
may have a minimum paved width of 20 feet and service streets may
have a minimum paved width of 16 feet.
(h)
Cartway widths for expressways shall be as required
by the Pennsylvania Department of Transportation (PennDOT).
(i)
All streets shall have a graded shoulder on
each side of the cartway. Such shoulders shall have a minimum graded
width of two feet, shall be clear of all vegetation (except grass),
and shall slope away from the cartway surface.
(2)
The minimum right-of-way width for any given street
shall be computed according to the following requirements:
(a)
Service streets shall be centered within a right-of-way
not less than 33 feet wide.
(b)
Local access streets and collector streets shall
be centered within a right-of-way not less than 53 feet wide.
(c)
Arterial streets shall be centered within a
right-of-way not less than 60 feet wide.
(d)
Right-of-way widths for expressways shall be
as required by PennDOT.
(3)
The Township may require greater cartway and right-of-way
widths than those specified above, as it may deem necessary in the
interest of the public safety and welfare.
(4)
Where a subdivision or land development abuts or contains
an existing street of with a right-of-way width less than what is
required by this section, additional right-of-way width shall be dedicated
to conform with these standards, unless the applicant can demonstrate
that the subdivision will have no impact upon the existing road network.
C.
Restriction of access. Whenever a subdivision abuts
or contains an existing or proposed arterial street, the Board of
Supervisors may require restriction of access to such arterial street
by any of the following means:
(1)
Provision of reverse-frontage lots.
(2)
Provision of service streets along the rear of the
abutting lots, together with prohibition of private driveways intersecting
the arterial street.
(3)
Provision of marginal access streets, provided that
the reserve strips establishing such marginal access streets shall
be definitely placed under the jurisdiction of the Township in accordance
with an agreement meeting with the approval of the Township. Under
all other circumstances, reserve strips are prohibited.
D.
E.
Horizontal curves.
(1)
Whenever street lines are deflected in excess of 2°,
connection shall be made by horizontal curves.
(3)
A tangent of at least 100 feet shall be provided between
all horizontal curves on arterial and collector streets.
(4)
Minimum radius curves with maximum center line grade
shall be avoided.
G.
Intersections.
(1)
Streets shall intersect as nearly as possible at right
angles. No street shall intersect another at an angle of less than
60° or more than 120°.
(2)
No more than two streets shall intersect at the same
point.
(3)
Streets intersecting another street shall either intersect
directly opposite to each other or shall be separated by at least
150 feet between center lines measured along the center line of the
street being intersected.
(4)
Intersections shall be approached on all sides by
a straight leveling area, the grade of which shall not exceed 5.0%
within 50 feet of the intersection of the nearest right-of-way lines.
(5)
Intersections with arterial streets shall be located
not less than 1,000 feet apart measured from center line to center
line along the center line of the arterial street.
(7)
Street right-of-way lines shall be parallel to or
concentric with (as applicable) curb arcs at intersections.
H.
Sight distance at intersections.
(1)
Clear sight triangles shall be provided at all street
intersections. Within such triangles, no object (other than utility
poles, streetlights, street signs, and traffic signs) 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. Such
triangles shall be established from a distance of:
(2)
Where the area of any clear sight triangle occupies
the building envelope of any lot, that part of the triangle shall
be deemed, for that portion within the building envelope, the building
setback line. Such line(s) as they may occur shall be shown on preliminary
plans and final plans.
I.
Single-access streets. Single-access streets are a
type of local access street, subject to all the standards and requirements
for local access streets as well as the following:
(1)
Any given single-access street, whether public or
private, shall not be the sole means of vehicular access to more than
20 residential units, nor shall any such street exceed 500 feet in
length as measured along its center line from the curbline of the
intersected street.
(2)
In no case shall a public single-access street be
the sole means of vehicular access to a nonresidential use.
(3)
Single-access streets must have more than 250 linear
feet of cartway, except with the specific approval of the Board of
Supervisors. Measurement shall be made from the cartway edge of the
intersecting street along the center line of the single-access street
cartway. Where the street is designed as a cul-de-sac, the measurement
shall continue along the trajectory of the cartway center line, through
the center point of the turnaround area, ending at the curbline (or
cartway edge if there is no curb) on the opposite side of the turnaround.
(4)
A single-access street designed as a cul-de-sac shall
be provided at its terminus with a paved turnaround area sufficient
to allow emergency vehicles to perform a one-hundred-eighty-degree
turn with no more than one backing motion. Circular turnaround areas
shall have an outside cartway radius of not less than 50 feet and
a right-of-way radius of not less than 60 feet.
(5)
No single-access street shall be designed as a dead-end
street; that is, as a cul-de-sac lacking a paved turnaround area.
Any temporarily dead-ended street shall be provided with a temporary
all-weather turnaround within the subdivision. The use of such turnaround
shall be guaranteed to the public until such time as the street is
extended.
(6)
Where the future extension of a proposed street to
an adjoining tract is feasible, the full width of the right-of-way
of such street shall be extended to the property line, and a paved
turnaround area shall be provided.
(7)
Drainage of single-access street shall preferably
be towards the access end. If drainage is otherwise, stormwater runoff
shall be conducted away in an underground storm sewer.
(8)
The center line grade on a single-access street shall
not exceed 10.0%, and the grade of the turnaround area shall not exceed
5.0% in any direction.
J.
Street names.
(1)
Proposed streets which are obviously in alignment
with an existing named street shall bear the name of such streets.
(2)
In no case shall the name of a proposed street be
the same as or similar to an existing street name in the Township,
nor to an existing street name in the same postal district, regardless
of the use of the suffix street, road, avenue, boulevard, drive, way,
place, court, lane, or similar term.
(3)
All street names shall be subject to the approval
of the Board of Supervisors and the post office having jurisdiction.
K.
Service streets (alleys). Service streets may be permitted, provided that the subdivider produces evidence satisfactory to the Township Planning Commission of the need for such service streets. Service streets shall be constructed to the same standards as local access streets, except for width of cartway, as permitted by Subsection B(1)(c). Service streets shall be designed and constructed in all aspects as a local access street, with the following exceptions to such standards:
(1)
No part of any dwelling, garage, or other structure
shall be located within 10 feet of the cartway edge of a service street.
(2)
Dead-end service streets shall be prohibited unless
a paved circular turnaround with a minimum radius to the outer pavement
edge (curbline) of 50 feet has been provided at the terminus.
L.
Required improvements.
(1)
All streets shall be graded to the full width of the
right-of-way.
(2)
All streets to be paved and dedicated to public use
shall be paved to the full width of the cartway as shown on the approved
final plan in conformance with the paving standards of this section.
(3)
(4)
Street name signs shall be installed at all street
intersections. The design and placement of such signs shall be approved
by the Township; the cost of such signs shall be borne by the developer.
(5)
Streetlights may be required at the discretion of
the Board of Supervisors as they may deem necessary to protect the
public safety due to the character or density of the proposed development
or the conditions of the site. When required, the location of the
streetlights shall be shown on the both the preliminary plan and the
final plan. The streetlight plan shall be approved upon mutual agreement
of the Township, the developer, and the appropriate public utility.
When streetlights are required, the developer shall provide a utility
easement to allow for repairs and maintenance.
A.
All driveways shall be designed and constructed in
accordance with the following regulations:
(1)
The center line of the driveway shall intersect the
curbline of the street at an angle of not less than 75° and not
more than 105°.
(2)
All driveways shall, as a minimum, be paved within
the street right-of-way or for a distance of 20 feet from the cartway
edge, whichever is greater.
(3)
Curb cuts shall be constructed as necessary to the
satisfaction of the Township Engineer.
(4)
Driveways to serve residential uses shall have a minimum
width of 10 feet and a maximum width of 20 feet, excluding parking
bays and turnaround areas.
(5)
Driveways to serve commercial and industrial uses
shall have a minimum width of 25 feet and a maximum width of 35 feet,
excluding parking bays and turnaround areas.
B.
In order to provide a safe, convenient means of access,
grades on private driveways shall not exceed 7%. Entrances shall either
be rounded at a minimum radius of five feet, or shall have a flare
construction that is equivalent to this radius at the point of intersection
with the cartway edge.
C.
Off-street parking areas shall have a maximum grade
of 5%.
D.
Private driveways on corner lots shall be located
at least 40 feet from the point of intersection of the nearest street
right-of-way lines.
A.
Sidewalks shall be required on one side of the cartway
in all subdivisions and land developments which include residential
uses with a mean lot size of less than 1.0 acre, but greater than
0.5 acre. Where the mean lot size is equal to or less than 0.5 acre,
sidewalks shall be required along both sides of the cartway.
B.
Sidewalks may be required by the Board of Supervisors
for any commercial development where they will accommodate pedestrian
access from adjacent or nearby commercial or residential development.
C.
To facilitate pedestrian circulation, walkways may
be required to serve the interior of developments. Where such walkways
are not within a street right-of-way, a separate public right-of-way
to accommodate the walkway, not less than 10 feet wide, shall be designated
on the preliminary and final plans. Provisions for the maintenance
of such walkway(s) and their right(s)-of-way shall also be noted on
the plans.
D.
Design and construction.
(1)
Sidewalks shall be set back at least 36 inches from
the edge of the cartway.
(2)
Sidewalks shall be constructed of concrete with a
minimum twenty-eight-day strength of 3,000 psi, shall have a minimum
width of four feet, and shall have a minimum thickness of four inches,
except at driveway crossings where the minimum thickness shall be
six inches and the sidewalk shall be reinforced.
(3)
Sidewalks shall have a minimum slope in cross-section
of 0.5 inch per foot, sloping toward the cartway.
(4)
Wider sidewalks may be required by the Board of Supervisors
as they may deem necessary within areas of high-density development.
A.
Layout. Blocks shall be designed to minimize the number
of intersections with arterial streets. The length, width and shape
of blocks shall be determined with due regard to:
B.
Length.
(1)
Blocks shall have a maximum length of 1,600 feet and
minimum length of 500 feet.
(2)
Blocks longer than 1,000 feet shall be permitted only
where special consideration has been given to the safe and adequate
provision of fire protection.
(3)
As far as may be practical, blocks along arterial
and collector streets shall have a minimum length of 1,000 feet.
D.
Depth. Residential blocks shall be of sufficient depth
to accommodate two tiers of lots, except where prevented by the size,
topographical conditions, or other inherent conditions of the property,
in which case the Board of Supervisors may approve a single tier of
lots.
E.
Commercial and industrial blocks. Blocks in commercial
and industrial areas may vary from the elements of design detailed
above if required by the nature of the use.
A.
For all subdivisions, regardless of whether new streets
are proposed. A minimum of two monuments shall be accurately placed
for all subdivisions, one at the intersection of each side lot line
of the original tract with the right-of-way line of the abutting public
street. Where field survey reveals an existing monument of the proper
type at the proper location, no new monument need be placed.
B.
Where a subdivision or land development includes new
streets to be dedicated to the public, additional monuments shall
be placed along one side of the right-of-way, as follows:
(1)
At all points of tangency and points of intersection,
excluding curb arcs at intersections;
(2)
At each end of each curbed street line, excluding
curb arcs at intersections;
(3)
At such places where topographic or other conditions
make it impossible to sight between two sequential required monuments,
intermediate monuments shall be placed; and
(4)
At such other places along the right-of-way line as
may be determined necessary by the Township Engineer, in order that
the right-of-way may be readily defined for future use.
C.
Markers shall be accurately placed at the intersection
of all lot lines and at changes in direction (or points or tangency)
of all lot lines in the perimeter of the tract being surveyed and
of all approved lot lines as shown on the record plan. Where existing
markers in the proper locations are discovered in the course of surveying,
new markers need not be placed.
D.
All monuments and markers shall be placed by or under
the supervision of a registered professional surveyor so that the
marker or the scored point of the monument (as applicable) shall coincide
exactly with point of intersection of the lines being monumented.
E.
Monuments shall be set with their top level with the
finished grade of the surrounding ground. Markers shall be placed
such that a portion remains exposed (preferably between four and seven
inches) to facilitate future use of the marker.
A.
General standards.
(1)
Side lot lines shall be at right angles to straight
street lines and radial to curved street lines.
(2)
Where feasible, lot lines shall follow municipal boundaries,
rather than cross them in order to avoid jurisdictional problems.
(3)
As far as may be practicable, residential lots shall
have depth-to-width ratio of not less than 1:1 and not more than 2.5:1.
(4)
Depth and width of parcels intended for nonresidential
uses shall be adequate for the use proposed and sufficient to provide
satisfactory space for on-site parking, loading and unloading, setbacks,
landscaping, and all other required and proposed design elements.
B.
Lot frontage.
(1)
All lots shall have direct access to a public street,
existing or proposed, or to a private street meeting the requirements
of these regulations.
(2)
Double or reverse-frontage lots shall be avoided except
where required to provide separation of residential development from
major streets or to overcome specific disadvantages of topography
or orientation.
(3)
All residential reverse-frontage lots shall have a
rear yard (that is, that yard between the dwelling and the major street
upon which no access is permitted) with a minimum depth of 75 feet,
measured in the shortest distance from the proposed dwelling unit
to the ultimate right-of-way, and shall have within such rear yard
and immediately adjacent to the right-of-way, an easement of at least
10 feet in width, across which there shall be no right of access.
C.
Lot size.
(2)
Where an existing lot or parcel of land is subdivided into two or more parcels, one or more parcels of which is or are to be merged upon subdivision with an adjacent existing lot or parcel, the minimum lot dimensions and areas as set forth in Chapter 220, Zoning, and this Subdivision and Land Development Ordinance shall not be applicable to the parcel or parcels to be merged, provided further that the remaining parcel, or each of the remaining parcels, of the subdivided land, after such subdivision and merger, shall comply with all provisions of said ordinances.
A.
Each property shall be connected to the public sewage
disposal system as required by the applicable regulations of Maidencreek
Township and/or the Maidencreek Township Sewer Authority.
B.
All lots which cannot be connected to a public or
community sanitary sewage disposal system in operation at the time
of construction of a principal building shall be provided with an
on-site sanitary sewage disposal system consisting of a septic tank(s)
connected with a disposal field and which shall, as a minimum requirement,
meet the design standards of the Pennsylvania Department of Environmental
Protection, the approval of the Township Sewage Enforcement Officer,
and any Township ordinance(s) or regulation(s) which may be adopted
for the purpose of regulating such systems.
C.
Sanitary sewers shall not be used to carry stormwater.
D.
Where on-site sanitary sewage disposal is to be provided,
the applicant shall delineate two sites upon the tract which are capable
of accommodating such a system. One such site shall accommodate the
original system and the other shall be reserved by deed restriction
to accommodate a future system, to be constructed in the event of
failure of the original system.
E.
Under no circumstances shall a lot be approved where
sewage is to be retained on the site in a holding tank for disposal
elsewhere.
F.
Whenever a subdivider proposes that individual on-site
sanitary sewage disposal systems shall be utilized within the subdivision,
the subdivider shall either install such facilities or shall require
(by deed restriction or otherwise), as a condition of the sale of
each lot or parcel within the subdivision, that such facilities shall
be installed by the purchaser of such lot or parcel at the time that
a principal building is construction and in accordance with these
regulations.
G.
In all other cases, the subdivider shall provide a
complete community or public sanitary sewage disposal system, or shall
contract with an existing system to provide disposal service.
(1)
The design and installation of a community system
shall be subject to the approval of the Pennsylvania Department of
Environmental Protection and such system shall be further subject
to satisfactory provision for the maintenance thereof.
(2)
The design and installation of a public system shall
be subject to the approval of the Maidencreek Township Authority and
the Pennsylvania Department of Environmental Protection.
H.
Where studies or plans by the Township or the Maidencreek
Township Authority indicate that the construction or extension of
sanitary trunk sewers to serve the property being subdivided appears
probable within five years, the Board of Supervisors shall require
the installation and capping of sanitary sewer mains and house connections,
in addition to the installation of temporary, individual, on-site
sanitary sewage disposal systems. The design and installation of such
system shall be subject to the approval of the Pennsylvania Department
of Environmental Protection and the Maidencreek Township Authority.
I.
All sanitary sewer lines within a subdivision or land
development are subject to the review an approval of the Maidencreek
Township Authority.
Soil percolation tests are required for all
subdivisions and land developments where a new on-site sewage disposal
system is to be provided.
A.
Soil percolation tests shall be made in accordance
with the procedures required by the Pennsylvania Department of Environmental
Protection under the supervision of the Township Sewage Enforcement
Officer.
B.
The Sewage Enforcement Officer shall enter the result
of the test and all other information on five copies of the Subdivision
Sewage Disposal Report form and shall submit these with the preliminary
plan. Where approval of the proposed sanitary sewage disposal facilities
by the Pennsylvania Department of Environmental Protection is otherwise
required, two copies of its report of investigation and approval may
be submitted in lieu of the Subdivision Sewage Disposal Report.
C.
Soil percolation tests shall be performed at the site
of the proposed on-site sanitary sewage disposal facility.
D.
The results of the soil percolation tests shall be
examined by the Township Planning Commission and the Board of Supervisors
as advised by the Township Sewage Enforcement Officer.
E.
No residential lot shall be approved unless soil percolation
tests provide evidence that there are at least two sites upon the
lot which are acceptable locations for an on-site sewage disposal
system. One such site shall become the location of the system and
the other site shall be reserved by deed restriction from construction
activity of any kind (including the erection of accessory structures)
so that it may be utilized as a site for a sewage disposal system
in the event of the failure of the first disposal system.
F.
If the analysis of the soil percolation test results
reveals that the soil is unsuitable for the intended use at the lot
size proposed, the Board of Supervisors may require that the lot size(s)
be increased in accordance with the test results or that additional
tests be made on each proposed lot at the location of the contemplated
disposal facilities, and the data submitted for review.
A.
Each property shall be connected to the public water
supply system as required by the applicable regulations of Maidencreek
Township and/or the Maidencreek Township Water Authority.
B.
Whenever an existing public or approved community
water system is geographically and economically accessible to a proposed
subdivision, a distribution system shall be designed to furnish an
adequate supply of water to each lot, with adequate main sizes and
fire hydrants located to meet the specifications of the Middle Department
Association of Fire Underwriters. A copy of the approval of such system
by the appropriate public agency or utility company shall be submitted
with the final plan. Suitable agreements shall also be established
for the design, specifications, construction, ownership, and maintenance
of such distribution system.
C.
Where a public or community water system is not accessible,
and where on-site sanitary sewage disposal systems are to be used,
the Township may require the developer to provide a new community
water supply system. Such system shall be approved by the Pennsylvania
Department of Environmental Protection, and appropriate measures shall
be provided to assure adequate maintenance. Suitable agreements shall
also be established for the construction, ownership, and maintenance
of the system.
D.
Fire hydrants. Wherever a public or community water
system is provided, fire hydrants suitable for the coupling of equipment
serving the Township shall be installed within 600 feet of all existing
and proposed structures, such distance to be measured by way of accessible
streets (as specified by the Middle Department Association of Fire
Underwriters). Hydrant locations shall be selected upon consultation
with the initial response fire company for the development and shall
be approved by the Maidencreek Township Water Authority.
E.
Where individual on-site water supply system(s) are
to be utilized, each proposed lot so served shall be of a size and
shape to allow safe location of such a system. Wells shall not be
permitted within 100 feet of any component of an on-site sewage disposal
system, nor within 50 feet of any quarry operation or surface water.
F.
Where individual on-site water supply system(s) are
to be utilized, the developer shall provide at least one test well
for each 10 proposed dwelling units. Such wells should be drilled,
cased, and grout sealed into bedrock at least 50 feet deep, having
a production capacity of at least five gallons per minute of safe,
potable drinking water as certified by state or Township health officer.
G.
Where the applicant proposes that individual on-site
water supply system(s) shall be utilized within a subdivision, the
developer shall either install such system or shall require (by deed
restriction or otherwise), as a condition of the sale of each lot
within the subdivision, that the system shall be installed by the
purchaser of the lot in accordance with these regulations at the time
that a principal building is constructed.
A.
No changes shall be made in the contour of the land
and no grading, excavating, removal, or destruction of the topsoil,
trees, or other vegetative cover of the land shall be commenced until
such time that a plan for minimizing erosion and sedimentation has
been reviewed and approved by the Board of Supervisors, or the Board
has determined that such a plan is not necessary.
B.
No subdivision or land development plan shall be approved
without a plan for minimizing erosion and sedimentation consistent
with this section.
C.
Measures used to control erosion and sedimentation
shall, as a minimum, meet the standards and specifications of the
Berks County Conservation District and the guidelines under Chapter
102 of Administrative Code Title 25 for the Pennsylvania Department
of Environmental Protection. Copies of these specifications are available
from the Conservation District.
D.
Provisions shall be made to accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary, the rate of surface water runoff shall
be structurally retarded.
E.
The following measures are effective measures toward
minimizing erosion and sedimentation and shall be included as applicable
upon plans.
(1)
For that area of land which must be cleared of trees
and other vegetation to accommodate construction activity, the area
of clearing shall be limited to:
(a)
Dedicated streets and public service or utility
easements;
(b)
Building roof coverage areas plus 15 feet on
all sides for construction activity;
(c)
Driveways, alleyways, walkways, and ancillary
structures such as patios;
(d)
Parking lots, except that the area to be so
utilized shall not include any trees which are unique by reason of
size, age, or some other outstanding quality, such as rarity or status
as a landmark or species specimen; and
(e)
Other areas necessary to accommodate construction
activity for the proposed structures and other improvements.
(2)
Development plans shall preserve salient natural features,
keep cut-and-fill operations to a minimum, and accommodate the natural
topography to minimize erosion potential.
(3)
Wherever feasible, natural vegetation shall be retained,
protected, and supplemented.
(4)
The disturbed area and the duration of exposure shall
be kept to a practical minimum. Sediment in stormwater runoff shall
be trapped until the disturbed area is stabilized by the use of debris
basins, sediment basins, silt traps, or similar measures acceptable
to the Township.
(5)
Disturbed soils shall be stabilized as quickly as
practicable.
(6)
Temporary vegetation (sod or hydroseed) or mulching
shall be used to protect exposed critical areas during development.
Permanent (final) vegetation and structural erosion and drainage control
measures shall be installed as early as practically possible.
(7)
At the end of each working day, any and all sediment
tracked onto or conveyed by other means onto a public roadway will
be removed and returned to the development site. Removal may be achieved
by the use of machinery or hand tools. Sediment shall never be washed
off the road surface with water.
F.
The following regulations shall apply to all grading
and excavation activity:
(1)
The location, grading, and placement of subgrade (i.e.,
base) material of all roads, streets, and parking areas shall be accomplished
as the first work done on a subdivision or land development.
(2)
Grading shall not result in the diversion of water
onto the property of another landowner without the express permission
of that landowner.
(3)
During grading and excavation operations, necessary
measures for dust control shall be implemented.
(4)
Grading and construction equipment will not be allowed
to cross live streams. Provisions shall be made for the installation
of culverts or bridges, as appropriate.
G.
Whenever sedimentation is caused by stripping vegetation,
regrading, or other activity, it shall be the responsibility of the
entity causing such sedimentation to remove it from all adjoining
surfaces, drainage systems, and watercourses and to repair any damage
as quickly as possible at his expense.
H.
Maintenance of all drainage facilities and watercourses
within any subdivision or land development is the responsibility of
the developer until such facilities and watercourses become the responsibility
of a community association or are accepted by the Township or some
other official agency, after which they become the responsibility
of the accepting entity.
I.
It is the responsibility of any person, corporation,
or other entity performing any activity on or across a communal stream
or watercourse or upon the floodplain or right-of-way thereof, to
maintain as nearly as possible in its present state the stream, watercourse,
floodplain, or right-of-way during the pendency of the activity and
to return it to its original or equal condition after such activity
is complete.
J.
No person, corporation, or other entity shall impede
the flow of, alter, construct a structure within, deposit any material
or thing within, or commit any act which will affect normal or flood
flow of any communal stream or watercourse without prior approval
from the Township.
K.
Each person, partnership, corporation, or other entity
which makes any surface changes shall be required to:
(1)
Collect on-site surface runoff and dispose of it to
the point of discharge into the common natural watercourse of the
drainage area;
(2)
Handle existing and potential off-site runoff through
the development by considering the impact of stormwater runoff from
a fully developed area upstream; and
(3)
Provide and install at his expense all drainage, sedimentation,
and erosion control improvements as required by the erosion and sediment
control plan.
A.
General principals.
(1)
Stormwater management facilities shall be provided:
(a)
To permit unimpeded flow of natural watercourses;
(b)
To ensure adequate drainage of all streets;
(c)
To intercept stormwater runoff along streets
at intervals related to the extent and grade of the area drained;
(d)
To provide positive drainage away from on-site
sewage disposal facilities and buildings;
(e)
To accommodate runoff so that there shall be
no increase in rate of stormwater peak discharge leaving the subdivision
or land development during or after construction based on the design
rainfall frequency established in this section;
(f)
To ensure adequate drainage at intersections
of driveways with streets; and
(g)
To protect the quality of the surface waters
of the Township by preventing pollutants from reaching nearby streams.
(2)
In the absence of a sufficient storm sewer system,
stormwater runoff shall discharge to an existing watercourse with
defined bed and barriers. Runoff shall not be increased or concentrated
onto adjacent properties, nor shall the velocity of flow be increased
beyond that existing prior to subdivision or land development unless
written approval is given by the adjacent property owners to the proposed
discharge of surface runoff and the written agreements are approved
by the Township.
(3)
When storm drainage will be directed into an adjacent
municipality, all provisions for accommodating such storm drainage
shall be submitted to the governing body of the municipality for review.
(4)
Where existing storm sewers are reasonably accessible
and of adequate capacity, subdivisions and land developments shall
connect to those sewers.
(5)
Residential development with a lot size of 0.25 acre or less located along new streets shall be supplied with subsurface rain leaders diverting runoff from roofs and other impervious surfacing either into a storm sewer or into a gutter leading to a storm sewer inlet via a perforation in the required curb in accordance § 190-32M of this chapter.
(6)
Where deemed necessary in the public interest and
for the public safety by the Township, the Township may require designs
based on more restrictive standards than those stated hereunder.
B.
Stormwater management calculations.
(1)
Complete stormwater calculations in accordance with
the standards and appendixes of this chapter and all designs for drainage
facilities shall be submitted to the Township for review.
C.
Design standards. The following criteria and assumptions
are to be used in the estimation of stormwater runoff and the design
of management facilities:
(1)
Stormwater management facilities shall be provided
so that the peak discharge of the calculated postdevelopment runoff
to an adjacent property does not exceed the peak discharge of the
calculated predevelopment runoff. Calculations for the comparison
of predevelopment and postdevelopment runoff shall be performed for
five different storm frequencies (two-, ten-, twenty-five-, fifty-,
one-hundred-year storm event). The postdevelopment level of runoff
for each frequency shall be less than or equal to the predevelopment
level of runoff for that same frequency. For predevelopment computations,
all runoff coefficients within the project shall be based on actual
land use assuming summer or good land cover conditions. Off-site land
use conditions used to determine storm flows for designing storm facilities
shall be based on existing land uses assuming winter or poor land
cover conditions.
(2)
Runoff calculations for on-site stormwater management
facilities shall be utilize any of the following methods:
(a)
Rational Method. This method is recommended
and preferred for design of all collection, conveyance, and retention
facilities when drainage areas are less than 1 1/2 square miles or
where times of concentration are less than 60 minutes.
(b)
SCS TR-55 tabular hydrograph method (1986, or
latest revision). This method is recommended and preferred for design
of conveyance and retention facilities when drainage areas are greater
than 1 1/2 square miles.
(c)
SCS TR-55 graphical method (1986, or latest
revision). This method may be used in lieu of the tabular hydrograph
method for sizing conveyance systems. It does not provide an adequate
inflow hydrograph for basin routing.
(3)
If the rational method is used, the Rainfall Intensity-Duration-Frequency
Chart (included in the appendix of this chapter) shall be used to
compute the rainfall intensities.
(4)
If the Soil-Cover-Complex Method is used, stormwater
runoff shall be based on the following twenty-four-hour Type II distribution
storm events:
|
Storm Event
(years)
|
Inches of Rainfall
| |
|---|---|---|
|
2
|
3.1
| |
|
10
|
4.9
| |
|
25
|
5.5
| |
|
50
|
6.1
| |
|
100
|
6.9
|
(5)
Use of other criteria, assumptions, references, calculation
methods, and computer modeling may be utilized, provided that detailed
design information and programming with references are submitted to
and approved by the Township.
(6)
Runoff curve numbers (SCS method) and runoff coefficients
(Rational Method) shall be based on the land use coefficients listed
in the appendix of this chapter. Times of concentration shall be based
on the following design parameters:
(a)
Overland flow. The maximum length for each reach
of overland flow before concentrated flow develops is 300 feet. The
nomograph in the appendix shall be used for determination of the times
of concentration for use in the rational method. TR-55 methodologies
(e.g., Manning's kinematic solution) shall be used for determination
of the times of concentration for use in SCS Methods.
(b)
Concentrated flows. At points where overland
flows concentrate in field depressions, swales, gutters, curbs, or
pipe collection systems, the time of concentration between these design
points shall be based upon Manning's Equation or other acceptable
engineering design standards as approved by a registered professional
engineer retained by the Township.
(7)
Consideration shall be given to the relationship of
the subject property to the drainage pattern of the watershed.
(8)
Stormwater shall not be transferred from one watershed
to another, unless the watersheds are subwatersheds of a common watershed
which join together within the perimeter of the property,
(9)
A concentrated discharge of stormwater to an adjacent
property shall be within an existing watercourse or enclosed in an
easement.
(10)
Stormwater management facilities that convey
upstream stormwater through the site must be designed to convey fifty-year
storm event.
(11)
All developments must also include design provisions
that allow for the overland conveyance of the post Q100 year storm
flows through the site without damage to any private or public property.
(12)
The design of stormwater management collection
facilities that service drainage areas within the site shall be based
upon a twenty-five-year storm event.
D.
All drainage facilities shall be designed to handle
surface runoff and carry it to suitable outlets. Such facilities shall
be designed in accordance with the minimum following design standards:
(1)
Manholes and inlets, when proposed, shall not be spaced
more than 400 feet apart for pipes of twenty-four-inch diameter or
less and 600 feet apart for all pipes of greater than twenty-four-inch
diameter. Additionally, manholes shall be placed at all changes in
alignment, grade, pipe size, and at all points of convergence of two
or more influent storm sewer lines. Inlets may be substituted for
manholes where they will serve a useful purpose. Curves in pipes or
box culverts without an inlet or manhole are prohibited. Tee joints,
elbows, and wyes are prohibited.
(2)
Inlets shall conform to the standards of the Pennsylvania
Department of Transportation (PennDOT). Precast concrete catch basins
may be used but must be approved by the Township Engineer for each
project.
(a)
Inlets shall generally be located at the lowest
point of street intersections to intercept the stormwater before it
reaches pedestrian crossings or at sag points of vertical curves in
the street alignment which provide a natural point of ponding for
surface stormwater. Cross-drainage at intersections or along tangent
sections of roadway are not permitted. Inlets shall be along the curbline,
but shall be prohibited along the curb radius at intersections.
(b)
The Board of Supervisors may approve special
inlets as it may deem necessary, upon advisement by the Township Engineer.
(c)
Inlets shall be spaced to limit the gutter spread
into the travel lanes to the lane width during a ten-year storm. Capacity
of inlets shall not exceed four cubic feet per second (cfs) for four-foot
inlets and five cfs for five-foot inlets in non-ponding areas. Where
ponding occurs, inlet capacity shall be based on accepted engineering
design practices.
(3)
Storm sewers shall have a minimum diameter of 15 inches,
a minimum slope of 0.5% and shall be constructed of reinforced concrete.
If approved by the Township Engineer, corrugated polyethylene pipe
(smooth bore) may be permitted for diameters of 15 inches to 24 inches.
The use of corrugated metal pipe or any other type of storm sewer
material is prohibited. All storm sewer pipe within street cartways
or other paved areas shall be backfilled with 2RC stone placed in
six-inch lifts and compacted to the satisfaction of the Township Engineer.
All storm sewers shall be constructed to the specifications of PennDOT
form 408 unless otherwise directed by the Township.
(4)
Storm sewer lines within street rights-of-way shall
be placed under or immediately in front of the curb when parallel
to the right-of-way. When located in undedicated land, they shall
be placed within an easement not less than 20 feet wide and as approved
by the Township. Drainage structures within state highway rights-of-way
shall be approved by PennDOT. A letter from PennDOT indicating their
approval of such structures shall be provided to the Township.
(5)
The construction of endwalls shall be required at
ends of all stormwater conveyance structures. These structures shall
be built of 3,000 psi concrete, except where 3,500 psi concrete is
deemed necessary by the Township Engineer. Special care shall be used
by the design engineer to select the proper endwall to fit the condition.
Energy dissipaters shall be provided at endwalls where the discharge
velocity with pipe flowing full is more than one foot per second.
E.
Open ditches shall be avoided. Properly designed,
graded, and turfed drainage swales may be permitted in lieu of storm
sewers with the specific approval of the Board of Supervisors. Swales
shall be designed to carry the required discharge without excessive
erosion, to increase the time of concentration, to reduce the peak
discharge and velocity, and to permit water to percolate into the
soil.
(1)
The maximum swale, gutter, or curb velocity of stormwater
runoff shall be controlled to maintain a stable condition both during
and after construction. The following characteristics are hereby deemed
indicative of a stable condition:
(a)
The swale, gutter, or curb neither aggrades
nor degrades beyond tolerable limits.
(b)
The channel banks do not erode to the extent
that the channel cross section is changed appreciably.
(c)
Sediment bars do not develop.
(d)
Erosion does not occur around culverts or bridges.
(e)
Gullies do not form or enlarge due to the entry
of uncontrolled stormwater runoff.
(2)
Grass-lined channels shall be considered stable if
the calculated velocity does not exceed the following allowable velocities:
(a)
Three feet per second where only sparse vegetation
can be established and maintained because of shade or soil condition.
(b)
Four feet per second where normal growing conditions
exist and vegetation is to be established by seeding.
(c)
Five feet per second where a dense, vigorous
sod can be quickly established or where water can be temporarily diverted
during establishment of vegetation. Netting and mulch or equivalent
methods for establishing vegetation may be used.
(d)
Six feet per second where a well-established
sod of good quality exists.
(3)
Swale bends.
(a)
Where swale bends occur, the allowable velocities
listed above shall be divided by the following factors:
|
Swale Bend
(degrees)
|
Factor
| |
|---|---|---|
|
0° to 30°
|
1.50
| |
|
30° to 60°
|
1.75
| |
|
60° to 90°
|
2.00
| |
|
90° and over
|
2.50
|
(b)
These calculated grass-lined channel flows may
be exceeded if the designer can provide acceptable supporting design
criteria as proof of erosion prevention.
(4)
Where the velocity of stormwater runoff exceeds the
allowable velocity, erosion protection must be provided.
(5)
The method of erosion protection proposed must be
supported by the appropriate design information or references.
F.
Design of stormwater detention facilities.
(1)
General requirements.
(a)
Where stormwater detention basins are required
by the Township, provisions for maintenance, indemnification, liability
insurance, and security shall be included with the preliminary plan
submission and approved by the Township. Maintenance provisions shall
include a schedule for removal of sediment and debris at such intervals
that will assure the proper functioning of the facilities at all times.
(b)
Detention facilities shall not present any hazard
to the public health, safety, or welfare by reason of their location
or design. Their design shall be approved by the Township.
(c)
An access easement shall be provided for all
detention basins. The area of the easement shall not be credited to
the area of any lot, nor may such area be included as part of any
open space requirement.
(d)
Detention facilities shall be designed to preclude
adverse effects from backwater flooding.
(e)
Whenever a basin will be located in an area
underlaid by limestone, a geological evaluation of the proposed location
will be conducted to determine susceptibility to sinkhole formations.
The design of all facilities over limestone formations shall include
measures to prevent groundwater contamination and, where necessary,
sinkhole formation. Soils used for the construction of basins shall
have low erodibility factors ("K" factors).
(2)
General design considerations.
(a)
The number and location of detention facilities
are subject to the approval of the Township.
(b)
A method of carrying low flow through the basin
area shall be provided. The basin shall be provided with a positive
gravity outlet to a natural channel or storm sewer of adequate capacity.
(c)
If percolation of runoff is considered as a
method of runoff abatement, percolation tests shall be taken at the
site of the proposed detention facilities and the results submitted
to the Township for review. At the discretion of the Township, percolation
facilities may be prohibited.
(d)
The storage duration shall not exceed 24 hours
after rainfall has ceased. The Township may require the fencing of
detention basins when deemed necessary for the public safety.
(e)
The pipe spillway outletting from a detention
basin into a subsurface piped drainage system shall be designed on
the basis of a rainfall frequency that is consistent with this chapter.
Basin discharge velocities and quantities shall be consistent with
the need to protect the public health, safety, and welfare and to
prevent turbulent conditions and erosive velocities in the receiving
watercourse.
(f)
Basins shall have provisions for de-watering,
particularly the bottom, and shall not create swampy or otherwise
unmaintainable conditions.
(3)
Detention basins shall be designed to discharge safely
the peak discharge of a postdevelopment one-hundred-year frequency
storm event through an emergency spillway in a manner which will not
damage the integrity of the basin or the downstream drainage area.
The principal spillway shall be considered to be completely blocked
when designing the emergency spillway.
(4)
Detention basins which are designed as earth fill
dams shall incorporate the following minimum standards:
(a)
The height of the dam shall not exceed six feet
unless approved by the Township.
(b)
The minimum top width of all dams up to six
feet in height shall be no less than five feet.
(c)
The side slopes of the settled earth fill shall
not be steeper than three horizontal to one vertical.
(d)
A cutoff trench of compacted, relatively impervious
material shall be provided under all dams. A compacted impervious
core at least three feet wide at the top, having a maximum side slope
of one horizontal to one vertical, shall extend for the full length
of the embankment, and the top elevation shall be set at the ten-year
design water surface elevation.
(e)
All pipes and culverts through dams shall have
properly spaced concrete cutoff collars or factory-welded anti-seep
collars.
(f)
A minimum one-foot freeboard above the maximum
design water surface elevation at the emergency spillway shall be
provided.
(g)
Where concrete, stone, or brick walls are used
with side slopes proposed to be steeper than one foot vertical in
three feet horizontal, the basin shall be fenced by a permanent wire
fence 42 inches in height and a ramp of durable, nonslip materials
for maintenance vehicles shall be provided for access into the basin.
(5)
Outlet structures within basins which will control
peak discharge flows and distribute the flows by plans to discharge
areas shall be constructed of reinforced concrete, and shall have
childproof, nonclogging trash racks over all design openings larger
than or equal to nine inches in diameter, except those openings designed
to carry perennial stream flows. Where spillways will be used to control
peak discharges in excess of the ten-year storm, the control weirs
shall be constructed of concrete of sufficient mass and structural
stability to withstand the pressures of impounded waters and outlet
velocities. Concrete outlet aprons shall be designed as level spreaders
and shall extend at a minimum to the toe of the basin slope.
(6)
The Board of Supervisors may require a landscaped
screen planting around any stormwater management facility.
G.
Ownership, administration, and maintenance of stormwater
management facilities. The preliminary plan shall reflect or be accompanied
by documentation identifying the ownership of and the method of administering
and maintaining all permanent stormwater management facilities. All
drainage facilities to be owned by the developer or his assigns shall
be maintained to retain their design capacity. Ownership, administration,
and maintenance of these facilities shall be by one of the following
methods:
(1)
Dedication to the Township. Nothing in this or any
other ordinance shall be interpreted to compel the Township to accept
such dedication.
(2)
Maintenance by a private entity, such as established
by a community association document or a trust agreement, or by individual
property owners.
(a)
Such an arrangement shall be in accordance with
the terms of an agreement and a declaration of easements or other
legally binding documentation approved by the Township as advised
by the Township Solicitor. Such documentation shall provide to the
Township the following rights:
[1]
To inspect the facilities at any time;
[2]
To require the private entity to take corrective
measures and assign the private entity a reasonable time period for
any necessary action; and
[3]
To authorize maintenance to be done and lien
all cost of the work against the properties of the private entity
responsible for maintenance.
(3)
The agreement, declaration of easements, or other legally binding documentation shall accompany the preliminary plan submission. The Township shall require such documentation to contain provisions requiring the posting or periodic payment of escrow funds by the private entity in the form of a maintenance guarantee in accordance with § 190-27E of this chapter to assure the proper maintenance of the facility.
H.
Design submission requirements. All calculations shall
be submitted to the Township on computation sheets and shall be reviewed
by the Township Engineer. If the storm drainage system design is completed
on a computer installation, sufficient supporting data shall be provided
to allow comprehensive review. The following items are hereby deemed
the minimum data to satisfy this requirement:
(1)
All calculations, assumptions, and criteria used in
the design of stormwater management facilities and in the establishment
of the calculated predevelopment and postdevelopment peak discharge.
(2)
All plans and profiles of proposed stormwater management
facilities, including horizontal and vertical location, size, and
type of material. This information shall provide sufficient information
for the construction of all facilities.
(3)
A map(s) clearly delineating and labeling all drainage
areas used in the design of storm sewer facilities, swales, and basins
for detention of runoff.
(4)
For all detention basins, a plotting or tabulation
of storage volumes with corresponding water surface elevations and
outflow rates for those water surfaces.
(5)
For all detention basins, the design inflow and outflow
hydrographs and routing calculations to determine the function of
the basin.
(6)
A map(s) clearly delineating any existing wetlands
as classified by a qualified environmental scientist experienced in
wetland determination. Wetland determination shall be performed in
accordance with U.S. Army Corps of Engineers procedures as outlined
in publication TRY-87-1, Wetlands Delineation Manual, latest edition.
No construction or development shall be permitted in wetlands without
approval from the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection, Bureau of Dams Waterways and
Wetlands.[1]
A.
Public open spaces, including recreational facilities.
(1)
In order to provide the recreational facilities needed
to serve residents of proposed dwellings, developers of all residential
subdivisions (except for lot line adjustments or other types of subdivision
which do not accommodate new dwelling units) shall provide either
natural or recreational open space, as the Township may require, within
the subdivision or at some nearby location as may be approved by the
Township in accordance with the Maidencreek Township Comprehensive
Open Space and Recreation Plan.
(2)
In the case of cluster-type residential developments, the open space donation (or fee in lieu of such donation) required by this section shall be in addition to the minimum open space requirements stipulated for cluster developments by Chapter 220, Zoning.
(3)
Such open space shall not be part of any lot but shall
be dedicated to the Township or deeded to a community association
which shall bear all responsibilities of ownership for such lands.
(4)
A fee may be paid in lieu of such open space donation,
as further described within this subsection. Such fee shall be required
if the applicant is unable or unwilling to make a donation of land
acceptable to the Township.
(5)
The Board of Supervisors may, within their reasonable
discretion and at the request of the applicant, accept a combination
of open space and fee to meet the requirements of this section. The
resulting combination of land and fee shall not be required to have
a total value greater than what would be required if the donation
were of land alone or of the fee alone.
(6)
The amount of open space to be donated shall be calculated
as follows:
(a)
Calculation of the projected population of the
subdivision or development.
[1]
The number of proposed new dwellings multiplied
by the average number of persons per household in Maidencreek Township
(according to the most recent census or other estimation as may be
accepted by the Board of Supervisors) shall, for the purposes of this
section, provide an acceptable estimate of the projected population
of the proposed subdivision or development.
[2]
According to the 1990 U.S. Census of Population,
there are 2.80 persons per household in Maidencreek Township. This
number shall be an accepted value for use in the calculations described
in this section. The Board of Supervisors may accept other values
upon showing of some evidence that such other value will more accurately
reflect the number of residents to be added to the Township population
by a proposed subdivision or land development. However, nothing in
this chapter shall be interpreted to compel the Township to accept
such other value.
(b)
Calculation of open space need. The projected
population of the proposed subdivision or land development shall be
multiplied by 0.0045 to determine the minimum acreage to be provided
as open space. This number represents the currently accepted standard
for the provision of community park land as identified in the Maidencreek
Township Comprehensive Open Space and Recreation Plan.
(d)
The Township shall not accept donations of isolated
tracts of land smaller than 0.50 acre. Where "A" has a value of less
than 0.50, the applicant shall either:
[1]
Donate 1/2 acre;
[2]
Donate the cash equivalent of "A" acres according to the method described below in Subsection A(7); or
[3]
If the proposal for which the open space is
required is adjacent to some existing area of permanent public open
space, the required donation (less than 0.50 acre) may be made if
it is located adjacent to the existing open space area and if such
arrangement is acceptable to the owner of such existing permanent
open space.
(7)
Calculation of fee to be paid in lieu of donation
of open space.
(a)
Where a fee is to be paid in lieu of a donation of open space, the amount of such fee shall be equivalent to the fair market value of the acreage required by Subsection A(6)(c), above, and shall be calculated according to the formula:
|
A x V = D
| |
|---|---|
|
Where "A" is the same as "A" in Subsection A(6)(c), "V" is the fair market value of one acre of the land being proposed for subdivision or development, and "D" is the amount of donation required in dollars.
|
(b)
The Board of Supervisors shall establish by resolution an estimate of the fair market value of one acre of undeveloped land zoned for residential use to be used in place of "V" in the formula described in Subsection A(7)(a), above. Such estimate shall be revised by resolution at the annual reorganization meeting of the Board of Supervisors and at such other times as they may deem necessary. For any given subdivision or land development, the value of "V" in effect at the time of the Township's acceptance of the preliminary plan shall apply to that subdivision or land development, except:
[1]
Where a development is proposed in phases, the
value of "V" which shall apply shall be that in effect at the time
of the Township's acceptance of the final plan for each phase; or
[2]
Where more than one year has elapsed between the date of preliminary plan approval and the date of the submission of the complete final plan. In accordance with § 190-24A(1) of this chapter, such lapse shall cause the submission to be deemed a preliminary plan, and thereby subject to a revised value for "V," unless the Board of Supervisors grants an extension to the applicant. If such an extension is granted, the proposal shall, nevertheless, be subject to the revised value of "V."
(8)
At least 50% of the donated open space shall be suitable
for active recreation use by reason of its size, shape, location,
topography, and surface condition. Parking lots, driveways, and areas
within individual residential lots shall not be count toward fulfillment
of the requirements of this section.
(9)
No more than 15% of the donated open space shall be
within floodplain areas or designated wetland areas.
(10)
Areas for active and passive recreational use
shall be provided and natural scenic areas and vistas existing on
the tract shall be considered when delineating the open space area.
(11)
Consideration shall be shown for natural features,
historic structures, and similar community assets which, if preserved,
will enhance the value and aesthetic quality of the development. Trees
shall be preserved wherever possible.
(12)
At the mutual agreement of the Township and
the developer, the developer may develop the open space for appropriate
recreational use. Facilities to be provided should be based upon the
needs identified by the Maidencreek Township Comprehensive Open Space
and Recreation Plan and the National Park, Recreation, and Open Space
Standards and Guidelines published by the National Recreation and
Park Association in 1983, as may be subsequently updated or revised.
Facilities provided shall be appropriate for the population and age
group to be served.
(13)
If any part of the open space is to be developed
for active recreational use, such part shall be easily and safely
accessible from all areas of the development to be served and have
ingress and egress from a public street suitable for use by maintenance
equipment.
B.
Utilities.
(1)
Easements with a minimum width of 20 feet shall be
provided for poles, wire, conduits, storm and sanitary sewers, gas,
water and heat mains, and other utility lines intended to service
abutting lots. No structures or trees shall be placed within such
easements.
(2)
To the fullest extent possible, easements shall be
centered on or adjacent to rear or side lot lines.
(3)
There shall be a minimum distance of 50 feet between
any proposed dwelling unit and any petroleum, petroleum, product,
or natural gas transmission line which traverses the subdivision.
(4)
Subdividers are urged to avail themselves of the services
provided by the various public utility companies in determining the
proper locations for utility line easements.
(5)
Utility service shall be provided through the use
of underground facilities in accordance with the standards and approval
of the utility company having appropriate jurisdiction.
(6)
No company intending to install any petroleum products
or natural gas transmission line shall be allowed to construct the
line on less than a fifty-foot right-of-way, such line to be installed
in the center of the right-of-way. The subdivider shall provide a
fifty-foot right-of-way for all existing transmission lines within
the subdivision.
A.
All portions of tracts to be developed which are not
to be occupied by buildings or other structures, loading or parking
spaces and aisles, sidewalks, and designated storage areas shall be
planted and continually maintained with an all-season ground cover,
landscaped in accordance with an overall landscape plan.
B.
The landscape plan shall accommodate and utilize such
areas of healthy natural vegetation (such as woodlands or meadows)
which may have existed upon a given site prior to development activity.
C.
New planting materials shall be chosen to prevent
soil erosion and subsequent sedimentation, shall be disease-free,
and shall be suitable for the local climate.
D.
Where sidewalks are required or provided along new
public roads, street trees shall be planted by the developer along
the length of such roads to provide shade for pedestrians. Where such
roads and pedestrian areas are within wooded areas, the existing trees
(unless diseased or otherwise unsuitable) shall be retained in lieu
of new street trees. Recommended street tree species are listed in
the Landscape Guide found in the appendix of this chapter.[1] Regardless of species, new street trees shall:
(1)
Be healthy nursery stock;
(2)
Have a minimum caliper of not less than two inches
as measured 48 inches above the root ball and a total height of not
less than six feet above the root ball;
(3)
Be hardy species (preferably but not necessarily native
to the area) with minimal maintenance requirements that are compatible
with other features of the site and its environs;
(4)
Be planted on both sides of the street in an alternating
pattern; and
(5)
Be spaced not less than 40 feet apart, as measured
from center to center.
[1]
Editor's Note: The Landscape Guide is included at the end of this chapter.
E.
No landscaping other than grass cover shall be permitted
within a utility right-of-way or above any underground infrastructure
elements such as sewer and water mains and laterals; gas mains and
laterals; electric, telephone, and cable television lines; and other
similar features.
F.
Screen plantings.
(1)
A screen planting is hereby defined as a landscaped
barrier of sufficient height and density as to obstruct casual observation.
(a)
Upon installation, a screen planting shall be
not less than five feet tall, achieving a height of not less than
eight feet within three years.
(b)
Screen plantings shall have a minimum depth
of 10 feet. No plant shall be closer than five feet to any property
line.
(c)
At least 50% of the screen planting specimens
shall be evergreens, distributed evenly along the length of the barrier.
(d)
All species within the screen planting shall
be indigenous or otherwise well-suited to the Township. A list of
recommended species is found in the Landscape Guide in the appendix
of this chapter.[2]
[2]
Editor's Note: The Landscape Guide is included at the end of this chapter.
(e)
Screen plantings may incorporate earthen berms
not exceeding 48 inches in height.
(2)
A screen planting shall be provided and continually
maintained by the landowner in the following cases:
(a)
In the Local and Regional Commercial, Industrial,
and Special Intensified Agricultural Districts, property owners shall
provide a screen planting along those portions of their perimeters
which abut any residential district, including the Commercial Residential
District.[3]
(b)
Around the perimeter of multifamily residential
developments.
(c)
Around the perimeter of mobile home parks.
(3)
A screen planting shall not be required between or
among uses of a similar character.
(4)
No screen planting shall be permitted where it may
impose at threat to the public safety by obstructing the view of motorists
to oncoming traffic or pedestrians.
(5)
Screen plantings shall be maintained as long as the
use or uses on the screened lot is/are in operation. Any plant material
which does not survive shall be replaced within six months.
(6)
A screen planting shall not be required where the
lot abuts an area of existing natural vegetation which effectively
screens the lot from casual observation to a height of at least eight
feet.
G.
Landscaping within parking lots. Landscaped areas
shall be required within the interior parts of all parking lots accommodating
20 or more cars.
(1)
No less than 10% of the parking lot shall be landscaped
and continually maintained, excluding any screen planting which may
be required.
(2)
Such landscaped areas shall be configured to promote
pedestrian safety by defining walkways, to enhance motorist safety
by defining traffic lanes and discouraging cross-lot taxiing, to act
as a barrier against wind-borne debris and dust, to provide shade
moderating microclimatic conditions, to reduce the volume and velocity
of stormwater runoff, and to enhance the appearance of the parking
area.
(3)
The landscaped areas shall not obstruct sight distances
for motorists or pedestrians, nor shall such landscaping create any
potential hazard to public safety.
(4)
Each individual plot of landscaping within the parking
lot shall occupy an area of no less than 50 square feet and shall
have no side dimension of less than five feet.
(5)
Landscaped areas shall be protected from the encroachment
of vehicles by use of curbing, wheel stops, bollards, fencing, or
other approved barriers.
(6)
Landscaping in parking areas shall provide moderately
dense shade in summer. Trees with large leaves which could clog storm
drains should be avoided. Trees that are brittle, disease-prone, have
low, spreading brachiation or shallow root systems, which drop large
fruit or much sap, or which are otherwise messy shall also be avoided.
Except for trees native to the site which are being retained, all
trees shall be healthy nursery stock with a minimum caliper of no
less than 1 1/2 inches as measured three feet from the ground. Species
recommended for use in parking areas are listed in the Landscape Guide
found in the appendix of this chapter.[4]
[4]
Editor's Note: The Landscape Guide is included at the end of this chapter.
(7)
The owner of the facility served by the parking area
shall be responsible for the maintenance of the parking area landscaping
in a healthy and attractive condition. Dead plant material and debris
shall be removed within 30 days.
