Township of Middletown, PA
Bucks County
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Table of Contents
Table of Contents
[Added 6-24-1986 by Ord. No. 86-10]
A. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety, morals and general welfare.
B. 
Where literal compliance with the standards herein specified is clearly impractical, the Board of Supervisors may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.
C. 
The following principles, standards and requirements shall be applied in evaluating plans for a proposed subdivision or land development. The standards of the Middletown Township Zoning Ordinance (Chapter 500) for the particular district in which the subdivision or land development is taking place shall govern the layout of lots and/or design of buildings, parking lots and other facilities.
A. 
All portions of a tract being subdivided or developed shall be taken up in lots, streets, public lands or other proposed uses, so that remnants and landlocked areas shall not be created.
B. 
Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.
C. 
In general, lot lines shall follow Township boundary lines rather than cross them.
D. 
Subdivisions and land developments shall be properly designed in order to prevent the necessity for excessive cut or fill. Subdivisions and land developments shall be laid out to come as close as possible to balancing cut and fill operations on site.
E. 
No land shall be developed or plotted for residential purposes unless all hazards to life, health or property, including flood, fire and disease, have been eliminated or unless the plans provide adequate safeguard against such hazards without disturbing the natural condition of the land.
F. 
Land subject to flooding, as indicated in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, and land designated as wetlands on the National Wetlands Inventory prepared by the United States Fish and Wildlife Service shall not be plotted for residential occupancy.
G. 
Where trees, groves, waterways, scenic points, historic spots, or other community assets and landmarks are located within a proposed subdivision or land development, every possible means to the fullest extent shall be provided to preserve these features.
H. 
Unless a permit is obtained from PA DEP, discarded building material shall be disposed of in a manner consistent with the Pennsylvania Solid Waste Management Act of 1980, 35 Pa.C.S.A. § 6018.101 et seq. Such material shall not be disposed of on site but shall be taken to a licensed disposal facility.
[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16; 8-16-2000 by Ord. No. 00-09]
A. 
For the purpose of this chapter, a block shall be defined as a unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterway or any other barrier to development.
B. 
The length, width and shape of blocks shall be determined with due regard to the following:
(1) 
Provisions of adequate sites for the types of buildings proposed.
(2) 
Zoning requirements for lot sizes, dimensions and minimum lot areas per dwelling unit.
(3) 
The limitations and opportunities of the topography.
(4) 
Utilization of potential solar energy.
(5) 
Safe and convenient vehicular and pedestrian circulation and access.
(6) 
Special consideration to the requirements of satisfactory fire protection.
C. 
Blocks in subdivisions shall have a maximum length of 1,600 feet and a minimum length of 500 feet.
D. 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are used.
[Amended 12-1-1992 by Ord. No. 92-13]
A. 
Lot dimensions and areas shall not be less than specified by the provisions of the Zoning Ordinance (Chapter 500).
B. 
Building setback lines shall be at and not a distance greater than specified by the provisions of the Zoning Ordinance.
C. 
Residential lots must front on and have wholly owned access to either an existing or proposed street.
D. 
Double-frontage lots shall be deed-restricted to limit access to the lower order street.
E. 
Lot orientation shall promote solar access. This is achieved by building placement with the long axis in a general east-west direction.
A. 
Utility easements with a minimum width of 20 feet shall be provided as necessary. Joint utilization of easements by two or more utilities is encouraged.
B. 
To the fullest extent possible, easements shall be centered or adjacent to rear or side lot lines.
C. 
Nothing shall be permitted to be placed, set or put within the area of a utility easement except lawns or suitable low ground cover.
D. 
Access easements shall be provided where there are common driveway or shared access arrangements.
E. 
Where a subdivision or land development is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage, but not less than 20 feet, or as may be required or directed by the Township and/or the Department of Environmental Protection. The owner shall properly grade and seed slopes and fence any open ditches when it is deemed necessary by the Township.
F. 
No right-of-way or easement for any purpose whatsoever shall be created, recited or described in any deed unless the same has been shown on the approved record plan.
A. 
Definitions. Unless a contrary intention clearly appears, the following words and phrases shall have the meanings in the following clauses. These terms pertain to stormwater management but shall serve as a supplement to those words defined in Article II, Definitions, of this chapter.
ARTIFICIAL WETLAND
A water drainage area created to exhibit the same characteristics as a naturally occurring wetland through vegetation and hydrology.
BEST MANAGEMENT PRACTICES (BMPS)
Management practices or methods for controlling stormwater runoff which provide a benefit either hydrological (i.e., reduction of runoff volumes) or to water quality (i.e., reduction of pollutants).
CATION EXCHANGE CAPACITY (CEC)
A property of soil whereby positively charged ions are absorbed and held by soil chemistry. The bonded ions (cations) are resistant to movement by water but can be exchanged by other cations entering the soil body.
CISTERN
An underground reservoir or tank for storing rainwater.
CONSERVATION DISTRICT
The Bucks County Conservation District.
CULVERT
A pipe, conduit or similar structure, including appurtenant works, which carries surface water.
DEDICATION
The implied or express grant of property by its owner for general public use.
DESIGN STORM
The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., 24 hours) and used in computing stormwater management control systems.
DETENTION BASIN
A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
DEVELOPMENT SITE
The specific tract of land for which a regulated activity is proposed.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.
DUAL PURPOSE DETENTION
Detention practices for stormwater runoff which provide two types of control hydrologically addressing peak flow release rates and extending the detention of the first-flush volume of runoff for water quality improvements.
EROSION
The removal of soil particles by the action of water, wind, ice or other geological agents.
FIRST FLUSH
Terminology applied to the initial volume of stormwater runoff that collects during a storm. For the Neshaminy Creek Watershed Stormwater Management Plan, the first-flush volume of stormwater runoff is defined as 2.7 inches, or that volume of water resulting from the one-year twenty-four-hour design storm.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies.
INFILTRATION STRUCTURES
A structure designed to direct runoff into the ground (e.g., french drains, seepage pits, seepage trench).
NRCS
Natural Resources Conservation Service, United States Department of Agriculture [formerly Soil Conservation Service (SCS)].
PEAK DISCHARGE
The maximum rate of flow of storm runoff at a given point and time resulting from a specified storm event.
REGULATED ACTIVITIES
Actions or proposed actions which impact upon proper management of stormwater runoff and which are specified in § 440-406C of this chapter.
RELEASE RATE
The percentage of the predevelopment peak rate of runoff for a development site to which the post-development peak rate of runoff must be controlled to protect downstream areas.
RETENTION BASIN
A basin designed to retain stormwater runoff so that a permanent pool is established.
RUNOFF
That part of precipitation which flows over the land.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by water.
SEDIMENTATION BASIN
A barrier, dam, retention or detention basin designed to retain sediment.
SEEPAGE PIT/SEEPAGE TRENCH
An area of excavated earth filled with loose stone or similar material and into which surface water is directed for infiltration into the ground.
SEMI-IMPERVIOUS SURFACE
A surface such as stone, rock, concrete or other material which prevents some percolation of water into the ground.
SOIL-COVER-COMPLEX METHOD
A method of runoff computation developed by NRCS, which is based upon relating soil type and land use/cover to a runoff parameter called a curve number.
STORM SEWER
A system of pipes or other conduits which carries intercepted surface runoff, street water and other waters, or drainage, but excludes domestic sewage and industrial wastes.
STORMWATER MANAGEMENT FACILITIES
Any human-made or natural drainage structure used to contain or detain stormwater runoff. Stormwater management facilities include, but are not limited to, detention basins; retention or wet pond basins; artificial or natural wetlands; infiltration basins, trenches, seepage pits or cisterns; culverts; swales; or storm (sewer) drains.
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater runoff adopted by Bucks County for the Neshaminy Creek Watershed as required by the Act of October 4, 1978, P.L. 864, (Act 167), known as the "Storm Water Management Act."
STREAM
A watercourse.
SUBAREA
The smallest unit of watershed breakdown for hydrologic modeling purposes for which the runoff control criteria have been established in the Neshaminy Creek Watershed Stormwater Management Plan.
SWALE
A low-lying stretch of land which gathers or carries surface water runoff.
WET POND
A pond or basin facility designed to retain stormwater runoff so that a permanent pool is established.
B. 
Applicability.
(1) 
All improvement activities for all parcels, including improvements to existing activities or other facilities, including, but not limited to, parking areas, are subject to the stormwater management regulations specified in this section. The stormwater management regulations apply to all areas of the Township. However, specific criteria and requirements are given for those areas of the Township which are located within the Neshaminy Creek drainage basin and delineated on Map 8, Volume III, "Stormwater Runoff Peek Rate Districts," in the Neshaminy Creek Watershed Stormwater Management Plan for Middletown Township.
(2) 
The portion of the Township which is not in the Neshaminy Creek drainage basin will be regulated by the general stormwater management provisions not specific to the Neshaminy Basin.
C. 
Regulated activities.
(1) 
For any of the regulated activities of this section, prior to the final approval of subdivision and/or land development plans or the issuance of any permit or the commencement of any land disturbance activity, the owner, subdivider, developer or his agent shall submit a stormwater management plan for approval by the Board of Supervisors. In addition to the requirements of this section, the plan shall meet the requirements of Title 25, Rules and Regulations of the DEP: Chapter 102, Erosion Control; Chapter 105, Dam Safety and Waterway Management; and Chapter 106, Floodplain Management.
(2) 
The following activities are defined as regulated activities and shall be regulated by the stormwater management provisions:
(a) 
Subdivision and/or land development.
(b) 
Construction of new or additional impervious surfaces (driveways, parking lots, etc.).
(c) 
Construction of new buildings or additions to existing buildings.
(d) 
Diversion or piping of any natural or man-made stream channel.
D. 
Exemptions to regulated activities. All improvements to existing activities or other facilities, including, but not limited to, parking areas, are subject to the stormwater management regulations specified in this section. Due to the limited impact on stormwater runoff, the following activities are exempt from stormwater plan preparation requirements; however, stormwater associated with any activity must be managed in a manner consistent with this section. Any regulated activity which would create less than 2,500 square feet of additional impervious cover is exempt from the stormwater management plan preparation provisions of this subsection. This criterion shall apply to the total proposed development, even if the development is to take place in stages. Any area proposed for gravel or crushed stone, etc., shall be considered to be impervious for purposes of this subsection. The Township may require plan preparation and submission of the individual lot grading plans in connection with zoning permit applications in order to promote the purposes of the stormwater management provisions.
(1) 
Agricultural operations exclusion. Any land disturbance associated with agricultural activities operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the Bucks County Conservation District or the United States Department of Agriculture Natural Resources Conservation Service is exempt from the stormwater management plan preparation provisions of this section.
(2) 
Forest management operations exclusion. Any land disturbance associated with forest management operations which are following the DEP's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and is operating under an adequate erosion and sedimentation control plan approved by an applicable agency is exempt from the stormwater management plan preparation provisions of this section.
(3) 
Mining operations exclusion. Any land disturbance associated with mining operations approved and operated in accordance with all applicable rules and regulations of the DEP and which is operating under an erosion and sedimentation control plan approved by the applicable agency.
(4) 
Use of land for gardening for home occupation.
E. 
Stormwater management plan. A stormwater management plan for the proposed regulated activity shall contain the following information:
(1) 
Written report, including the following information:
(a) 
General description of project.
(b) 
General description of proposed stormwater management controls and facilities both during and after development.
(c) 
General description of erosion and sedimentation controls including those contained in § 440-407, Erosion and sedimentation control.
(d) 
Expected project time schedule, including anticipated start and completion dates.
(2) 
Mapping of the watershed area or areas in which the proposed subdivision or land development is located; stormwater management district boundaries applicable to the site in accordance with § 440-406H of this chapter.
(3) 
An evaluation shall be performed for the specific section of the watershed in which the regulated activity is located to assess the impact the proposal will have on downstream conditions. The stormwater management plan shall address all identified impacts to the satisfaction of the Township.
(4) 
Computations of the stormwater runoff for all points of runoff concentration before, during and after development, including all supporting data.
(5) 
Complete drainage systems for the subdivision or land development. All existing drainage features which are to be incorporated in the design shall be so identified with an explanation of the operations of the facilities.
(6) 
Plans showing all existing and proposed drainage facilities affecting the subject property.
(7) 
Plan of the proposed stormwater drainage systems, including storm drain pipes and inlets, runoff control devices, and drainage channels.
(8) 
Plan of the proposed grading.
(9) 
Design computations for the sizing of the outlet device for the stormwater runoff management facility.
(10) 
A stage-storage curve for any detention/retention basin(s).
(11) 
Flood routing and/or storage requirement calculations.
(12) 
A plan showing the berm embankment and outlet structure. The plan shall also indicate the top of berm elevation, top width of berm and side slopes, emergency spillway elevation, elevations of the outlet structure including the riser, dimensions and spacing of anti-seep collars.
(13) 
Plans and profiles of proposed stormwater management facilities, including horizontal and vertical location, size and type of material. This information shall be of the quality required for the construction of all facilities and include all calculations, assumptions and criteria used in the design of the facilities; a schedule for installation of such facilities; and a proposed minimum schedule of inspections which will be performed by the applicant's engineer or designee in company with the Township Engineer or designee during construction until dedication of such facilities.
(14) 
The locations of septic tank infiltration areas and wells when infiltration methods such as cisterns, seepage beds or trenches, infiltration basins, or porous pavement are used. Soil infiltration rates and percolation tests and submission of the percolation data and test locations to substantiate percolation rates used in the drainage calculations.
(15) 
Plans and profiles of all erosion and sedimentation control measures, temporary as well as permanent, including all calculations, assumptions and criteria used in designing the controls, and a schedule of their implementation.
(16) 
An encroachment map which illustrates all natural features and a preliminary regrading plan which illustrates all disturbance of the identified natural feature areas; the amount of each natural feature disturbed indicated and illustrated on the encroachment map.
(17) 
Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities or other reasons.
(18) 
A detailed plan of the trash rack and anti-vortex device.
(19) 
An overall plan of the basin area, at a scale of one inch equals 50 feet minimum, showing the grading and landscaping.
(20) 
A detailed plan of all required off-site improvements.
F. 
General requirements. The standards contained in this section shall apply as minimum design standards; however, federal and state regulations may impose additional standards, subject to their jurisdiction.
(1) 
Retention of existing watercourses and natural drainage features.
(a) 
Whenever a watercourse, stream or intermittent stream is located within a development site, it shall remain open in its natural state and location and shall not be piped, unless piping is required by the Township or a state agency.
(b) 
The existing points of natural drainage discharge onto adjacent property shall not be altered without the written approval of the affected landowners.
(c) 
No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems (including existing stormwater management facilities) or create flooding or the need for additional drainage on other private properties or public lands.
(d) 
The Middletown Township Board of Supervisors may require a developer to provide a permanent easement along any watercourse located within or along the boundary of any property being subdivided or developed. The purpose of any such easement shall be for the maintenance of the channel of any watercourse, and the terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations which may adversely affect the watercourse. The required width of any such easement shall be determined by the Township Engineer, United States Army Corps of Engineers, Pennsylvania Department of Environmental Protection or other public agency having jurisdiction, but in no case shall such easement be less than 20 feet in width. The developer will retain the easement until such time as one of the following is accomplished:
[1] 
The easement is offered for dedication by the developer and accepted by Middletown Township.
[2] 
If an easement acceptable to the Township is established, the maintenance shall then be the responsibility of the individual lot owners over whose property the easement passes. For land developments, the maintenance shall then be the responsibility of the owner.
[3] 
A homeowners' association or other approved legal entity, approved by Middletown Township, assumes responsibility for the maintenance of the development, including the retention of the watercourse easement.
(2) 
The developer shall construct and/or install stormwater management facilities and drainage structures, on and off site, as necessary, to:
(a) 
Prevent erosion damage and to satisfactorily carry off, detain or retain and control the rate of release of stormwater.
(b) 
Manage the anticipated peak discharge from the property being subdivided or developed and existing runoff being contributed from all land at a higher elevation in the same watershed.
(c) 
Convey stormwater along or through the property to a natural outfall. If a developer concentrates dispersed stormwater flow or redirects stormwater flow to exit at another location on the property, the developer is responsible for constructing an adequate channel on the adjacent property and on all downstream properties until a natural outfall is reached. A natural outfall shall have sufficient capacity to receive stormwater without deterioration of the facility and without adversely affecting property in the watershed. This natural outfall may be a river, creek or other drainage facility so designated by Middletown Township for the proposed system.
(d) 
Encourage all runoff control measures to percolate the stormwaters into the ground where practical, in the judgment of the Township Engineer, to aid in the recharge of groundwaters.
(e) 
Carry surface water to the nearest adequate street drain, storm drain, detention basin, natural watercourse or drainage facility.
(f) 
Take surface water from the bottom of vertical grades, to lead water away from springs, and to avoid excessive use of cross gutters at street intersections and elsewhere.
(g) 
Maintain the adequacy of the natural stream channels. Accelerated bank erosion shall be prevented by controlling the rate and velocity of runoff discharge to these watercourses so as to avoid increasing occurrence of stream bank overflow.
(h) 
Preserve the adequacy of existing culverts and bridges by suppressing the new flood peaks created by new land development.
(i) 
If in the course of preparing or reviewing the stormwater management plan the Township determines that off-site improvements are necessary to satisfactorily handle the stormwater from the proposed development, the developer shall be responsible for the payment of such study and/or construction of off-site improvements.
(3) 
Where applicable, stormwater management facilities or programs shall comply with the requirements of Chapter 102, Erosion Control; Chapter 105, Dam Safety and Waterway Management; and Chapter 106, Floodplain Management, of Title 25, Rules and Regulations of the DEP.
(4) 
Stormwater management facilities which involve a state highway shall be subject to the approval of PennDOT.
(5) 
Stormwater management facilities located within or affecting the floodplain of any watercourse shall also be subject to the requirements of any Township ordinance which regulates construction and development within areas which are subject to flooding.
(6) 
Access to facilities shall be provided for maintenance and operation. This access shall be a cleared access that is at least 20 feet wide. Proximity of facilities to public rights-of-way shall be encouraged in order to minimize the length of accessways. Multiple accesses shall be encouraged for major facilities.
(7) 
Additional studies and higher levels of control than the minimum provided in the requirements and criteria of this chapter may be required by the Middletown Township Board of Supervisors to ensure adequate protection to life and property.
G. 
Water quality requirements.
(1) 
Post-development runoff volume generated from the one-year twenty-four-hour design storm must be controlled so that it is released over a minimum of 24 hours. This standard applies to all stormwater runoff control facilities or management techniques within subdivisions or land developments in the Township.
(2) 
The water quality requirement applies to all areas of the Township, both inside and outside of the Neshaminy Creek Watershed. Provisions for the water quality requirement supersede all other hydrologic peak rate or volume control criteria and must be made regardless of stormwater runoff peak rate district criteria.
H. 
Stormwater runoff peak rate requirements and districts.
(1) 
Those areas of Middletown Township outside the Neshaminy Creek Watershed shall be required to control the post-development peak rate of runoff so that it is discharged at not more than the predevelopment peak rate of runoff.
(2) 
Mapping of stormwater runoff peak rate districts.
(a) 
In order to implement the provisions of the Neshaminy Creek Watershed Stormwater Management Plan, Middletown Township is hereby divided into stormwater runoff peak rate districts consistent with the plan. The boundaries of the districts are shown on Map 8, Stormwater Runoff Peak Rate Districts, as found in Volume III, Graphic Supplement, of the Neshaminy Creek Watershed Stormwater Management Plan.[1]
[1]
Editor's Note: A copy of a map outlining the districts is attached to this chapter.
(b) 
The exact location of the stormwater runoff peak rate district boundaries as they apply to a given development site shall be determined by mapping the boundaries using the two-foot or five-foot topographic contours provided as part of the stormwater management plan developed for the site. The district boundaries, as originally drawn, coincide with topographic divides or, in certain instances, are drawn from the intersection of the watercourse and a physical feature such as the confluence with another watercourse or a potential flow obstruction (road, culvert, bridge, etc.) to the topographic divide consistent with topography. The location of the stormwater management district boundary on a stormwater management plan shall be reviewed and verified by the Township Engineer.
(3) 
Description of stormwater runoff peak rate districts.
(a) 
Release rate districts. These watershed areas require that the post-development peak rate of stormwater runoff be controlled to the stated percentage of the predevelopment peak rate of stormwater runoff for the range of design storms greater than the one-year twenty-four-hour storm in order to protect downstream watershed areas. The release rate districts and their respective release rate control design criteria for peak flow are as follows:
Subwatershed
Release Rate Percentage
Core Creek (by subarea)
11.5, 11.7
11.6
11.61
 
100%
50%
50%
Lower Main Stem (by subarea)
10.4, 14.6
14.7 (pertaining to drainage areas wholly within Middletown Township
 
100%
50%
(b) 
Provisional direct discharge districts.
[1] 
This watershed area may discharge post-development peak rate of runoff for design storms greater than the one-year twenty-four-hour storm without adversely affecting the total watershed peak flow.
Subwatershed
Core Creek (by subarea)
11.62, 11.63
 
Direct discharge
[2] 
In determining if adequate capacity exists in the local stream network, the developer must assume that the entire drainage area for the local stream network is developed per current zoning and that all new development would use the runoff controls specified in this article.
(c) 
Provisional lower reaches/one-hundred-percent release rate district. These watershed areas, defined as the lower reaches or tidal influences areas of the Neshaminy Creek Watershed, require that the post-development peak rate of runoff be controlled to the predevelopment peak rate of runoff for design storms greater than the one-year twenty-four-hour storm. However, development sites which can discharge directly to the Neshaminy Creek main channel or indirectly to the main channel through an existing stormwater drainage system (i.e., storm sewer) may do so without control of post-development peak rate of runoff for design storms greater than the one-year twenty-four-hour storm. If the post-development runoff is intended to be conveyed by an existing stormwater drainage system to the main channel, assurances must be provided that such system has adequate capacity to convey the increased peak flows or will be provided with improvements to furnish the required capacity. When adequate capacity does not exist and will not be provided through improvements, the post-development peak rate of runoff must be controlled to the predevelopment peak rate for the specified design storms. The areas which are included in this district are as follows:
Subwatershed
Lower reaches of Main Stream (by subarea)
15.1, 15.2, 15.3, 15.4, 15.5
I. 
Stormwater design standards and criteria.
(1) 
Any stormwater management controls required by this section and subject to the water quality requirement (§ 440-406G) and the stormwater runoff peak rate requirements (§ 440-406H) shall meet the applicable water quality and peak rate requirements for the one-, two-, five-, ten-, twenty-five-, fifty- and one-hundred-year return period runoff events (design storms) consistent with the calculation methodology specified in § 440-406J. Provisions must also be made for safely passing the runoff greater than that occurring from the one-hundred-year design storm.
(2) 
For a proposed development site located within a single release rate district § 440-406H, the total runoff from the site shall meet the applicable release rate criteria. For development sites within a single release rate district with multiple points of concentrated runoff discharge, individual drainage points may be designed for up to a one-hundred-percent release rate as long as the cumulative, total runoff from the site is controlled to the applicable release rate. All points of concentrated discharge, however, must meet the applicable water quality requirement § 440-406G for the specific drainage areas of the site draining to the discharge points.
(3) 
For a proposed development site located within two or more release rate districts or within a release rate district and the provisional lower reaches/one-hundred-percent release rate district, the maximum peak rate of runoff that may be discharged at any point is limited to the predevelopment peak rate of runoff at that point multiplied by the applicable release rate. All runoff from the site, however, is subject to the water quality requirement of § 440-406G of this chapter. Provisions for direct discharge may be made in accordance with § 440-406H of this chapter.
(4) 
For proposed development sites located partially within a release rate district and partially within a provisional direct discharge district, in no event shall a significant portion of the site area subject to the release rate control be drained to a discharge point(s) located in the provisional direct discharge district. All runoff from the site will be subject to the water quality requirement as stated in § 440-406G of this chapter.
J. 
Runoff control measures or best management practices (BMPs).
(1) 
Increased stormwater runoff which may result from regulated activities listed in § 440-406C of this chapter shall be controlled by permanent stormwater runoff control measures that will provide the required standards and criteria of § 440-406. The methods of stormwater control or best management practices (BMPs) which may be used to meet the required standards and criteria described in the Neshaminy Creek Watershed Stormwater Management Plan (Volume II, Section III). Additional design criteria are included in these descriptions. The choice of BMPs is not limited to the ones appearing in the watershed plan; however, any selected BMP must meet the required water quality and runoff peak rate requirements.
(2) 
As a minimum, first-flush detention must be used to meet the water quality requirement and dual purpose detention must be used to meet the water quality requirement and the stormwater runoff peak rate requirements where appropriate as specified in § 440-29H of this chapter.
(3) 
Developers are encouraged to use BMPs other than the minimum BMPs specified (e.g., infiltration techniques and/or wet ponds or artificial wetlands), if appropriate, to provide for additional water quality improvement and groundwater recharge. In evaluating potential stormwater BMPs, the order of preference for the Neshaminy Creek Watershed is as follows:
(a) 
Infiltration BMPs.
(b) 
Wet ponds.
(c) 
Artificial wetlands.
(d) 
Minimum first-flush detention or dual purpose detention.
(4) 
Infiltration BMPs shall be designed in accordance with the design criteria and specifications in the Neshaminy Creek Watershed Stormwater Management Plan (Volume III, Section III) and shall meet the following minimum requirements:
(a) 
Infiltration BMPs intended to receive runoff from impervious surface associated with residential land use and/or pervious surface runoff associated with both residential uses and nonresidential uses shall be constructed on soils which have the following characteristics:[2]
[1] 
A minimum depth of 48 inches between the intended bottom of the facility and the seasonal high-water table and/or bedrock (limiting zones). The forty-eighty-inch minimum depth to a limiting zone requirement may be reduced to 24 inches as long as the soil has a cation exchange capacity (CEC) of greater than 10 and/or does not have a sandy loam or loamy sand texture.
[2] 
Infiltration rate and percolation rate of greater than 0.2 inches/hour.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Infiltration BMPs intended to receive runoff from impervious surface associated with nonresidential uses shall be constructed on soils which have the following characteristics:
[1] 
A minimum depth of 48 inches between the intended bottom of the facility and the seasonal high-water table and/or bedrock (limiting zones).
[2] 
Infiltration rate and percolation rate of greater than 0.2 inches/hour.
(c) 
Infiltration BMPs intended to receive only rooftop runoff shall be constructed on soils that have a minimum depth of 24 inches between the intended bottom of the facility and the seasonal high-water table and/or bedrock (limiting zones) and have an infiltration rate or percolation rate of greater than 0.2 inches/hour.
(d) 
Where direct discharge is permitted under the requirements of § 440-406H of this chapter, infiltration BMPs shall be designed to provide adequate storage to accommodate the post-development first-flush design storm volume with outlet and overflow controls to convey runoff larger than the first-flush design storm volume safely to a natural outfall.
(e) 
In areas where runoff release rates are specified under the requirements of § 440-406H of this chapter, regardless of the specified release rate percentage, infiltration BMPs shall be designed to, as a minimum:
[1] 
Provide adequate storage to accommodate the volume of runoff calculated as the difference between the predevelopment runoff volume and the post-development runoff volume based on the largest required design storm;
[2] 
Control the post-development peak rate of runoff to the predevelopment peak rate of runoff for design storms greater than the one-year twenty-four-hour storm; and
[3] 
Provide an overflow or spillway which safely permits the passing of runoff greater than that occurring during the largest design storm.
(5) 
Wet pond and artificial wetland BMPs shall be designed in accordance with the design criteria and specifications in Volume II, Section III, of the Plan and shall meet the following minimum requirement:
Wet pond and artificial wetland BMPs shall be constructed on hydric or wet soils and/or on soils which have an infiltration rate and percolation rate of less than 0.2 inches/hour.
(6) 
Large-scale regional or subregional stormwater runoff projects. The initiative and funding for any regional or subregional runoff control alternatives are the responsibility of a prospective developer(s). The design of any regional control facility must incorporate reasonable development of the entire upstream watershed. The peak outflow of a regional facility would be determined on a case-by-case basis using the hydrologic model of the watershed consistent with protection of the downstream watershed areas. "Hydrologic model" refers to the calibrated Neshaminy Creek model as developed for the stormwater management plan. Nevertheless, the water quality requirement of § 440-406G must be met by the regional facility design.
K. 
Runoff calculation methodology.
(1) 
To calculate the potential increase in total runoff and peak flow rate resulting from a proposed site development, the Soil-Cover-Complex Method shall be used, as outlined in Urban Hydrology for Small Watersheds, United States Department of Agriculture, Natural Resources Conservation Service, Technical Release 55 (NTIS PB87-101580) and following the mathematical analyses described in Computer Program for Project Formulation - Hydrology (SCS Technical Release 20, 1983).
(2) 
Farm field or disturbed earth predevelopment cover conditions (existing conditions) of a site or portions of a site used for modeling purposes shall be considered as "meadow" when developing the necessary cover complex calculations. The Board of Supervisors, upon consultation with the Township Engineer, may grant a developer the option of applying a one-hundred-percent release rate to a site which is located in a seventy-five-percent release rate district. In this case, the developer must prove that, by using meadow as the actual condition for a site or portions of the site which are farm field or disturbed earth, the calculated predevelopment release rate peak for the entire site would be equivalent to or less than the release rate calculated for the entire site using the appropriate release rate (75%) applied to runoff peak rates for farm field or disturbed earth portions of the site assessed as their actual cover conditions.
(3) 
The Natural Resources Conservation Service Type II twenty-four-hour rainfall distribution shall be used in the soil-cover-complex calculations. The twenty-four-hour rainfall depths for the return periods used in the Soil-Cover-Complex Method shall be:
Return Period
(year)
24-Hour Rainfall Depth
(inches)
1
2.7
2
3.3
5
4.2
10
5.0
25
5.8
50
6.4
100
7.2
(4) 
The design of any stormwater management facility intended to meet the requirements of this chapter shall be verified by routing the design storm hydrographs through the proposed facility.
L. 
Detention basin design requirements.
(1) 
Detention basins shall be designed to facilitate regular maintenance, mowing and periodic desilting and reseeding. Basins shall not be located within floodplains or floodplain soils. In general, shallow broad basins are preferred to steep-sided basins.
(2) 
The maximum slope of the earthen detention basin embankments shall be four to one. The preferred slope for vegetated detention basin embankments is three to one. The top or toe of any slope shall be located a minimum of five feet from any property line. Whenever possible, the side slopes and basin shape shall conform to the natural topography.
(3) 
The minimum top width of the detention basin berm shall be 10 feet.
(4) 
In order to ensure proper drainage on the basin bottom, a minimum grade of 2% shall be maintained for areas of sheet flow. For channel flow a minimum grade of 1% shall be maintained.
(5) 
An overflow system shall be provided to carry runoff to the detention basin when the capacity of the storm drain pipe system is exceeded. The overflow system shall have sufficient capacity to carry the runoff difference between the one-hundred-year storm peak flow rate and the capacity of the storm drainpipe system. The one-hundred-year storm peak shall be calculated by the Soil-Cover-Complex Method.
(6) 
Whenever possible, the emergency spillway for detention basins shall be constructed on undisturbed ground. Emergency spillways shall be constructed of reinforced concrete. All emergency spillways shall be constructed so that the detention basin berm is protected against erosion. The minimum capacity of all emergency spillways shall be the peak flow rate for the one-hundred-year design storm after development. The construction material of the emergency spillway shall extend along the upstream and downstream berm embankments slopes. The upstream edge of the emergency spillway shall be a minimum of three feet below the spillway crest elevation. The downstream slope of the spillway shall at a minimum extend to the toe of the berm embankment. The emergency spillway shall not discharge over earthen fill and/or easily erodible material.
(7) 
The minimum freeboard shall be two feet. Freeboard is the difference between the design flow elevations in the emergency spillway and the top of the settled detention basin embankment.
(8) 
Anti-seep collars shall be installed around the outlet device within the normal saturation zone of the detention basin berms. The anti-seep collars and their connections to the outlet device shall be watertight. The anti-seep collars shall extend a minimum of two feet beyond the outside of the principal outlet device. The maximum spacing between collars shall be 14 times the minimum projection of the collar measured perpendicular to the outlet. A minimum of two anti-seep collars shall be installed on each outlet pipe.
(9) 
All outlet pipes through the basin berm shall be reinforced concrete pipe with watertight joints.
(10) 
Energy-dissipating devices (riprap, end sills, etc.) shall be placed at all basin outlets.
(11) 
A perforated riser shall be provided at each outlet of all detention basins during construction for sediment control. The riser shall be constructed of metal or concrete. The riser shall extend to a maximum elevation of two feet below the crest elevation of the emergency spillway. The perforated riser shall be designed so that the rate of outflow is controlled by the pipe barrel through the basin berm when the depth of water within the basin exceeds the height of the riser. Circular perforations with a maximum diameter of one inch shall be spaced eight inches vertically and 12 inches horizontally. The perforations shall be cleanly cut and shall not be susceptible to enlargement. All metal risers shall be suitably coated to prevent corrosion. A trash rack or similar appurtenance shall be provided to prevent debris from entering the riser. All risers shall have a concrete base attached with a watertight connection. The base shall be of sufficient weight to prevent flotation of the riser. An anti-vortex device, consisting of a thin vertical plate normal to the basin berm, shall be provided on the top of the riser.
(12) 
All drainage channels shall be designed to prevent erosion of the bed and banks. The maximum permissible flow velocity shall not exceed those outlined in Table 1 of § 440-408B of this chapter. Suitable stabilization shall be provided where required to prevent erosion of the drainage channels.
(13) 
Any vegetated drainage channel requiring mowing of the vegetation shall have a maximum grade of three horizontal to one vertical on those areas to be mowed.
(14) 
Because of the critical nature of vegetated drainage channels, the design of all vegetated channels shall, as a minimum, conform to the design procedures outlined in the Bucks County Erosion and Sediment Control Handbook.
(15) 
Detention basins shall be landscaped in accordance with the recommendations of "A Landscape Strategy for Detention Basins," Morris Arboretum, September 1980. Also see the Appendix from Volume II of the Neshaminy Creek Watershed Stormwater Management Plan.
M. 
Requirements for drainage structures and/or pipes.
(1) 
Drainage easement. Drainage easements shall be provided to accommodate all storm drainage requirements and shall be a minimum of 20 feet in width.
(2) 
Storm drainage pipe. The minimum diameter of all storm drainage pipe shall be 15 inches or an equivalent thereto, with the exception of stormwater management facilities where smaller pipe may be necessary to provide the required first-flush detention. The minimum grade of piping shall be 0.5%. Structures shall conform to Pennsylvania Department of Transportation specifications and to the Middletown Township Specifications and Design Standards for Streets and Roads.
(3) 
Stormwater management facilities.
(a) 
Hydrologic design of stormwater management facilities shall be based upon criteria set forth in the latest edition of Urban Hydrology for Small Watersheds, Technical Release 55 and Engineering Field Manual published by the United States Department of Agriculture, Natural Resources Conservation Service. At the discretion of the Township Engineer, the Rational Method may be used for watersheds or drainage areas of less than 10 acres.
(b) 
Stormwater management facilities areas shall be designed so that the rate of runoff from the site, when developed, will not exceed the runoff from the site that existed before development, except for those areas of the Township within the Neshaminy Creek watershed which are subject to the specific stormwater management plan districts criteria.
(c) 
Discharge piping from stormwater management facilities shall be designed to control the rate of runoff for a two-year through one-hundred-year frequency twenty-four-hour storm.
(d) 
Discharge piping from stormwater management facilities intended to control the one-year twenty-four-hour first-flush design storm to meet the water quality requirements of § 440-406G shall be designed to release the volume of runoff resulting from this storm over a minimum of twenty-four-hour period.
(e) 
If retention, wet ponds or artificial wetlands are used, the developer shall demonstrate that such ponds are designed to protect the public health and safety.
(f) 
Prior to the granting of final approval of any subdivision or land development plan, the Township must be satisfied through contractual arrangements that all stormwater facilities will be properly maintained. If all or a portion of the facilities are on property which will be conveyed to an individual, homeowners' association or any other eventual owner, the guarantees must be in such a form that they will carry through to the new owners.
(g) 
When first-flush, dual-purpose or other detention basins are provided, they shall be designed to utilize the natural contours of the land whenever possible. When such design is impracticable, the construction of the basin shall utilize slopes as flat as possible to blend the structure into the terrain. All basins shall have slopes no more than three horizontal to one vertical.
(h) 
Retention or wet ponds shall be designed so that they return to normal permanent pool conditions within approximately 12 hours after the termination of the storm, unless the Township Engineer finds that downstream conditions may warrant other design criteria for stormwater release.
(i) 
Infiltration facilities shall be designed so that they are completely drained within 72 hours following termination of the storm in order to allow aerobic conditions to be maintained in the facility.
(j) 
Emergency overflow facilities shall be provided for all stormwater management facilities to handle runoff in excess of design flows.
(k) 
All stormwater management facilities are further subject to the design criteria in § 440-406 of this chapter.
[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16]
A. 
General provisions and compliance where earthmoving activities are involved:
(1) 
No subdivision or land development plan shall be approved unless there has been a plan approved by the Planning Commission and the Bucks County Conservation District that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable security in accordance with § 440-606 is deposited with the Township in the form of an escrow guarantee which will ensure installation and completion of the required improvements, or there has been a determination by the Planning Commission and the Bucks County Conservation District that a plan for minimizing erosion and sedimentation is not necessary for approval under this chapter.
(2) 
The developer shall construct and/or install such drainage systems as are determined necessary by the Township Engineer(s) to prevent erosion damage and to satisfactorily manage surface waters.
(3) 
Measures used to control erosion and reduce sedimentation shall, at a minimum, meet the standards and specifications of the Bucks County Conservation District and the Pennsylvania Department of Environmental Protection Erosion and Sediment Control Manual. In cases where the Bucks County Conservation District does not have standards and specifications for erosion and sedimentation control, other known and commonly accepted standards and specifications may be used as approved by the Township Engineer(s).
B. 
The following measures to minimize erosion and sedimentation shall be included where applicable in the control plan:
(1) 
Stripping of vegetation, regrading or other development shall be done in a way that will minimize erosion.
(2) 
Development plans shall preserve salient natural features, keep cut and fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(3) 
All disturbed areas and stockpiles of topsoil or fill which are to be exposed for greater than 20 days shall be temporarily seeded with annual rye grass or other suitable ground cover within seven days of disturbance or stockpiling.
(4) 
Disturbed soils shall be stabilized as quickly as practical, but shall not exceed 90 days.
(5) 
The permanent (final) vegetation and mechanical erosion control and drainage shall be installed as soon as practical in the development, at the discretion and direction of the Township Engineer.
(6) 
Provisions shall be made to accommodate effectively the increased runoff caused by changed soil and surface conditions during and after development within the site. Where necessary, the rate of surface water runoff will be mechanically retarded.
(7) 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
C. 
Additional erosion and sedimentation control design standards and criteria shall be applied where infiltration BMPs are proposed. These standards include the following:
(1) 
Areas proposed for infiltration BMPs shall be protected from sedimentation and compaction during the construction phase as to maintain their maximum infiltration capacity.
(2) 
Infiltration BMPs shall not be constructed nor receive runoff until the entire contributory drainage area to the infiltration BMP has received final stabilization. Exceptions to this requirement are infiltration basins designed to accept construction phase sediment. Design criteria for such basins are found in Neshaminy Creek Watershed Stormwater Management Plan (Section III of Volume III).
(3) 
Sediment traps per design criteria presented in the Pennsylvania Bureau of Soil and Water Conservation's Erosion and Sediment Pollution Control Program Manual are recommended to be used in lieu of sediment basins to prevent premature sedimentation of the infiltration facility.
(4) 
Detailed construction schedules shall be included in all erosion and sedimentation plans and stormwater management plans reviewed by the Bucks County Conservation District and Township.
D. 
Site grading. In order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:
(1) 
All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of it without uncontrolled ponding, and all land within a subdivision or development shall be graded to drain and manage surface water without uncontrolled ponding, except where ponding (detention basins, etc.) is part of the stormwater management plan for the site.
(2) 
Concentration of surface water runoff shall be permitted only in swales, watercourses or detention basins. Subject to the approval of the Township Engineer, swales shall be sodded, utilize jute matting, or other similar measures to ensure proper growth of the ground cover.
(3) 
Grading shall in no case be done in such a way as to divert water onto an adjacent property.
(4) 
During grading operations, necessary measures for dust control must be exercised.
(5) 
Grading equipment will not be allowed to cross live streams. Where applicable, provisions shall be made for the installation of temporary culverts or bridges with approval from Pennsylvania DEP.
(6) 
Tire cleaning areas shall be provided at each point of access to the development site.
(7) 
At the time a building permit is applied for, the owner shall provide the Township with individual lot grading plans to be reviewed by the Township Engineer(s).
E. 
Excavations and fills.
(1) 
No excavation shall be made with a cut face steeper than three horizontal to one vertical, except under the following condition: a concrete, masonry or other approved retaining wall constructed in accordance with approved standards is provided to support the face of the excavation. All retaining walls shall be designed to incorporate protection devices for the safety of residents or users.
(2) 
No fill shall be made which creates any exposed surface steeper in slope than three horizontal to one vertical except when the plan for subdivision or land development is accompanied by a written statement prepared by a civil engineer licensed in the commonwealth, certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property or result in any property damage. The plan and statement must be approved by the Township Engineer(s).
(3) 
Fill shall be placed in order to minimize sliding or erosion of the soil. All fill shall have a compaction rate of 95%, which shall be verified by the Township Engineer.
(4) 
Fills shall not encroach on natural watercourses, constructed channels, or wetlands.
(5) 
Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(6) 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations and the sloping surfaces of fills.
(7) 
Cut and fill shall not endanger adjoining property.
(8) 
The top or bottom edge of slopes shall be a minimum of five feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property.
F. 
Responsibility.
(1) 
Whenever sedimentation is caused by stripping of vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all affected surfaces, drainage systems and watercourses, on and off site, and to repair any damage at his expense as quickly as possible.
(2) 
Maintenance of all drainage facilities and watercourses, both existing and proposed, within any proposed subdivision or land development shall be the responsibility of the developer until such time as one of the following is accomplished:
(a) 
An easement for these facilities is offered for dedication by the developer and is accepted by the Township; it shall then be the responsibility of the Township.
(b) 
If an easement acceptable to the Township is established, the maintenance shall then be the responsibility of the individual lot owners over whose property the easement passes. For land developments, the maintenance shall then be the responsibility of the owner.
(c) 
A homeowners' association or other approved legal entity, approved by the Township, assumes the responsibility for the maintenance of the development, including the maintenance of the watercourses and/or drainage facilities.
(3) 
It is the responsibility of any person, corporation or other entity doing any work on or across a stream, watercourse or swale, or upon the floodplain or right-of-way during the period of the work to return it to its original or equal condition after such activity is completed.
(4) 
No person, corporation or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing or perform any work which will affect normal or flood flow in any communal stream, watercourse or wetland without having obtained prior approval from the Township and/or Department of Environmental Protection, whichever is applicable.
(5) 
Each person, corporation or other entity which makes any surface changes shall be required to:
(a) 
Collect on-site surface runoff and control it to a point of discharge into the natural watercourse of the drainage area.
(b) 
Handle existing off-site runoff through his development by designing it to adequately handle all upstream runoff.
(c) 
Provide and install, at his expense, in accordance with Township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the approved erosion and sediment control plan.
[Amended 12-1-1992 by Ord. No. 92-13]
A. 
General.
(1) 
All subdivision and land development plans shall include designed methods to withhold and release, at a controlled rate, any runoff onto adjacent property.
(2) 
Lots shall be laid out and graded to provide positive drainage away from buildings.
(3) 
Storm sewers, culverts and related installations shall be provided:
(a) 
To permit unimpeded flow of natural watercourses in such a manner as to protect the natural character of the watercourses and to provide regulated discharge.
(b) 
To ensure adequate drainage of all low points along the line of streets.
(c) 
To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained and to prevent substantial flow of water across intersections.
(4) 
Storm sewers, as required, shall be placed in the right-of-way, parallel to the roadway, and shall be designed as a combination storm sewer and underdrain in areas where poor soils and high-water table conditions exist. When located in undedicated land, they shall be placed within an easement not less than 20 feet wide, as approved by the Township Engineer(s).
(5) 
Stormwater roof drains shall not discharge water directly onto a sidewalk or a street and shall be constructed to retain all discharge wholly on the property, except where such discharge can be conveyed to a storm sewer system.
(6) 
Drainage structures, which drain watershed areas in excess of 1/2 square mile (320 acres) or which have a span of eight feet or more, shall be designed for a maximum expected runoff as calculated using the Natural Resources Conservation Service Technical Release 55, "Urban Hydrology for Small Watersheds (less than 2,000 acres)." The design storm shall be a minimum fifty-year storm. A one-hundred-year storm shall be used if the structure will significantly affect the existing one-hundred-year floodplain. A water obstruction permit shall be obtained from the Pennsylvania Department of Environmental Protection for the waterway opening before final design is undertaken.
B. 
Storm drainage systems shall be constructed in accordance with the Middletown Township Specifications and Design Standards for Roads and Streets.
Table 1
Allowable Water Velocities
Material
Allowable Velocity
(feet per second)
1.
Well-established grass on good soil:
Short pliant-bladed grass
5 to 6
Bunch grass, soil exposed
2 to 4
Stiff-stemmed grass
2 to 3
2.
Earth without vegetation:
Fine sand or silt
1 to 2
Ordinary firm loam
2 to 3
Stiff clay
3 to 5
Clay and gravel
4 to 5
Course gravel
4 to 5
Soft shale
5 to 6
3.
Shoulders:
Earth
See 2, Earth without vegetation, above
Stabilized
6
Paved
10 to 15
[Amended 12-1-1992 by Ord. No. 92-13]
A. 
At the time any application, petition or request is filed by any person, partnership, association or corporation for the approval of the construction, opening or dedication of any proposed road or street, the Township shall be assured that said proposed street or road shall be satisfactorily completed and said assurance shall be governed by the provisions of Section 509 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
B. 
Any person, partnership, association or corporation making any application or request for the approval of the construction, opening or dedication of any proposed road shall bear all costs of inspection of such roads and any drainage facilities connected therewith, all engineering costs, all costs of survey, and all other expenses and costs incidental to construction, approval and dedication of such street or road for public use, including legal fees.
C. 
Proposed streets shall conform to such Township street and state highway plans as have been prepared, adopted and filed as prescribed by law.
D. 
If lots resulting from the original subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street right-of-way to permit further subdivision shall be provided.
E. 
Streets that are extensions of existing streets shall bear the names of the existing streets. Street names shall not be repeated within the Township, and all street names shall be subject to the approval of the Board of Supervisors.
F. 
Dead-end streets, cul-de-sac streets and eyebrows are prohibited except at the discretion of the Board of Supervisors.
G. 
Private streets are prohibited. They will be approved only if they are designed to meet public street standards.
H. 
New half or partial streets shall be prohibited, except where essential to reasonable subdivision or land development of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for completion and dedication of the remaining part of the street is secured by escrow funds or surety bonds.
I. 
Wherever a tract to be subdivided or developed borders on an existing half or partial street, the other part of the street shall be platted within such tract.
J. 
Any applicant whose property encroaches within the legal right-of-way of a highway is required to obtain a highway occupancy permit from the Pennsylvania Department of Transportation or Middletown Township.
K. 
Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites. Streets shall be so arranged as to be generally parallel to, rather than cross contour lines, as well as to prevent the necessity for excessive cut and fill. Streets shall be laid out to avoid hazardous areas such as floodplains, steep slopes and other hazardous natural features.
L. 
Residential streets shall be so laid out that their use by through traffic will be discouraged.
M. 
Where possible, streets shall be oriented in a general east-west direction to provide the opportunity for solar utilization and to maximize south-facing slopes.
A. 
Classification. Existing streets are classified on the Comprehensive Plan Map and in the Zoning Ordinance (Chapter 500). Where a conflict exists, the more restrictive regulations shall apply. Unclassified streets shall be classified according to their function, at the request of the applicant during plan review.
B. 
Standards.
(1) 
The following chart is a guide to the dimensional standards for the various classifications of existing streets.
Minimum Requirements
Street Classification
Right-of-Way
(feet)
Cartway
(feet)
Curb
Sidewalk
Arterial street
100
48*
*
*
Collector street
80
40*
*
*
Primary street
60
36
*
*
Secondary street
50
26
*
*
Rural roads
50
20
*
*
Marginal access street
50
26
*
*
NOTE:
*
As determined by the Pennsylvania Department of Highways where state roads are involved or by the Board of Supervisors with the advice of the Township Engineer for all other roads.
(2) 
The cartway and right-of-way widths in this article are minimum requirements. If it is determined by the Township during the course of review that, in order to prevent an increase in traffic congestion or to provide safety from fire and unsafe turning movements, additional widths of right-of-way and/or cartway may be required along the frontage of the proposed subdivision or land development.
[Amended 12-1-1992 by Ord. No. 92-13]
A. 
Purpose. The purpose of these provisions is to establish appropriate standards for the design of streets in residential subdivisions that will:
(1) 
Promote the safety and convenience of vehicular traffic;
(2) 
Protect the safety of residents;
(3) 
Minimize the long-term costs for the maintenance and repair of streets;
(4) 
Minimize crime in residential areas;
(5) 
Protect the residential qualities of neighborhoods by limiting traffic volume, traffic speed, noise and fumes;
(6) 
Encourage the efficient use of land;
(7) 
Minimize the cost of street construction; and
(8) 
Minimize the construction of impervious surfaces.
B. 
Street hierarchy. The intent of this section is to create an integrated residential street system by setting varying street standards within which the designer may design a residential subdivision or land development. The street hierarchy is related to average daily traffic (ADT) levels, lot frontage and the need for on-street parking. The following hierarchy is hereby established:
(1) 
Existing street.
(2) 
Residential collector.
(3) 
Residential subcollector.
(4) 
Residential access.
C. 
Classification. New residential streets will be classified according to the expected ADT level of the street (see § 440-411E). If subdivision lots are large enough for further subdivision, the Board of Supervisors may require that the street be constructed to the standards of a higher classification, unless deed-restricted against further development.
D. 
Design options.
(1) 
All new residential streets shall be designed to meet the standard in Table 2, Street Design Options, and § 440-411G, H and I for individual street types.[1]
[1]
Editor's Note: Table 2, Street Design Options, is included as an attachment to this chapter.
(2) 
No new residential street may tie into an existing residential street if the expected ADT from the new development will exceed the allowable ADT level for the existing street classification.
E. 
Trip generation rates. The following chart shall be used to determine the ADT levels of proposed residential developments and streets.
Housing Type
Average Weekday Trip Generation Rates
(trips/D.U.)
Single-family detached
10.0
Duplex (twin), multiplex, townhouse, etc.
5.2
Garden apartment, 1 or 2 floors
6.6
Mid- and high-rise apartment, 3 or more floors
4.0
Mobile home
4.8
Retirement village
3.3
F. 
Spillover parking.
(1) 
Spillover parking spaces are parking spaces that are needed to accommodate the vehicles of infrequent visitors such as guests or repairmen. These spaces are required in addition to the number needed to accommodate the residents. Spillover parking may be provided on the individual lots, in separate parking areas, in the common parking areas or on street and shall be provided in close proximity to the units it is intended to serve.
(2) 
When off-street spillover parking is required by Table 2, Street Design Options, it shall be provided at the following rates in addition to the minimum requirements of the Zoning Ordinance (Chapter 500):
Housing Type
Spaces per D.U.
Single-family detached
1.5
Attached units
1.0
Apartments
0.5
(3) 
When spillover parking is provided on the individual lots, the following criteria must be met:
(a) 
Each space shall be 10 feet by 20 feet;
(b) 
The spaces may be provided in the driveway or in a turnaround; and
(c) 
The spillover spaces shall be clearly shown and noted on the subdivision or land development plan.
G. 
Residential access streets.
(1) 
Residential access streets. This is the lowest order street in the hierarchy. It is intended to carry the least amount of traffic at the lowest speed. It will provide the safest and most desirable environment for a residential neighborhood. Developments should be designed so that the maximum number possible of the homes will front on this class of street.
(2) 
Service restrictions. Each residential access street shall be designed so that no section of the street conveys a traffic volume greater than 200 ADT.
(3) 
Street access. A residential access street may intersect or take access from any existing street type. Both ends of a loop street, however, must intersect the same collecting street and be laid out to discourage the passage of through traffic on it.
(4) 
Street width and curbing. See Table 2.[2]
[2]
Editor's Note: Table 2, Street Design Options, is included as an attachment to this chapter.
(5) 
Shoulders. When curbing is not required, two-foot-wide stabilized shoulders shall be provided on both sides of the cartway.
(6) 
Culs-de-sac and stub streets. A street intersecting a through street at one end and terminating at the other in a vehicular turnaround.
(a) 
Dead-end streets, cul-de-sac streets and eyebrows are prohibited except at the discretion of the Board of Supervisors.
(b) 
Stub streets will be permitted only within subsections of a phased development as a temporary cul-de-sac.
(c) 
A cul-de-sac or stub street shall not be in excess of 800 feet long and shall have a minimum length of 250 feet.
(d) 
A cul-de-sac shall not furnish access to more than 20 single-family units.
(e) 
A paved area with a minimum outside turning radius of 40 feet shall be provided at the terminus of every permanent cul-de-sac. Turnarounds shall be privately owned and shall not be square in shape.
(f) 
The maximum length is measured from the right-of-way line of the intersecting through street to the center of the turnaround.
(g) 
Drainage of culs-de-sac shall, when possible, be towards the open end.
(h) 
A temporary cul-de-sac shall be designed so that the cartway is widened to a fifty-foot width for a distance of 75 feet at the turnaround. It shall be the developer's responsibility to remove the temporary paving and treat it as determined by the Township.
(7) 
Single-access street. A street with only one point of intersection with a through street but where the street continues around and intersects with itself. Lots or dwelling units may be located in the island created by this street configuration.
(a) 
The maximum ADT at the intersection with the through street shall be 200.
(b) 
The distance from the right-of-way line of the through street to the point where the single-access street intersects itself shall not exceed 400 feet.
(8) 
Engineering criteria. All features of the geometric design of residential access streets that are not specified below shall be designed for a design speed of 25 miles per hour.
(a) 
Minimum grade: 1%.
(b) 
Maximum grade: 10%.
(c) 
Horizontal curvature: minimum center-line radius of 100 feet.
(d) 
Minimum tangent length between reverse curves: 50 feet.
(e) 
Stopping sight distances: 175 feet minimum.
(f) 
Maximum grade within 50 feet of intersection: 4%.
H. 
Residential subcollector.
(1) 
Residential subcollector street. This is the middle order street in the hierarchy. It will carry more traffic than the residential access street. It should provide an acceptable if not an optimum environment for a residential neighborhood.
(2) 
Service restrictions.
(a) 
No subcollector street shall be designed so that any section of it conveys a traffic volume greater than 500 ADT.
(b) 
Subcollector streets shall be designed to exclude all external through traffic which has neither origin nor destination on the subcollector or its tributary residential access streets.
(3) 
Street access. Every subcollector must be provided with no fewer than two access intersections to a street of higher classification in the streets hierarchy, namely existing or proposed collector roads or arterial highways, if the total traffic volume exceeds 500 ADT on the street. For subcollector streets designed not to exceed 500 ADT, a subcollector with one access intersection to a street of higher order is allowed. In no case shall a subcollector end in a cul-de-sac.
(4) 
Street width and curbing. Refer to Table 2.[3]
[3]
Editor's Note: Table 2, Street Design Options, is included as an attachment to this chapter.
(5) 
Shoulders. When curbing is not required, two-foot-wide stabilized shoulders shall be provided on both sides of the cartway.
(6) 
Moving lanes. All subcollector streets shall be provided with two continuous moving lanes, within which no parking is permitted.
(7) 
Engineering criteria. All features of the geometric design of subcollector streets that are not specified below shall be designed for a design speed of 30 miles per hour:
(a) 
Minimum grade: 1%.
(b) 
Maximum grade: 7%.
(c) 
Horizontal curvature: minimum center-line radius of 140 feet.
(d) 
Minimum tangent length between reverse curves: 100 feet.
(e) 
Stopping sight distance: 200 feet minimum.
(f) 
Maximum grade within 50 feet of intersection: 4%.
I. 
Residential collector.
(1) 
Residential collector street. This is the highest order street that could be classed as residential. It will carry the largest volume of traffic at higher speeds. In large residential developments, this class of street may be necessary to carry traffic from one neighborhood to another or from the neighborhood to streets connecting to other areas in the community. This level of street is unsuitable for providing direct access to homes, and such access to homes should be avoided.
(2) 
Service restrictions.
(a) 
Provision of a residential collector street system is mandated whenever any proposed development is of sufficient magnitude to render it impossible to meet the maximum anticipated service volume (ADT) standards established for local access and subcollector streets. Generally, a nonfrontage collector may be necessary whenever a development exceeds 150 dwelling units, or when it carries external through traffic in addition to traffic generated by the development.
(b) 
Residential collectors shall be laid out to discourage excessive external through traffic, except where linkage between bordering streets may be determined to be desirable as indicated in the Township Comprehensive Plan or by the Township during plan review. The Township may impose additional standards on the design of the street, if additional external through traffic shall so warrant.
(c) 
Whenever possible, residential collector streets should be designed to have no residential lots directly fronting on them. When this is not possible, the amount of residential frontage per length of collector street length shall not exceed the limits set forth in the accompanying chart. In addition, only lots having frontages of 100 feet or greater may front on residential collector streets.
Collector ADT Level
Percent of Allowable Frontage Taking Access from Collectors Over Entire Length of Collector Street
1,000 to 1,199
20%
1,200 to 1,599
10%
1,600 to 1,999
5%
2,000+
None
(3) 
Street access. Every residential collector must be provided with no fewer than two access intersections to streets of equal or higher classification in the street hierarchy.
(4) 
Street width and curbing. Curbs should not be provided along residential collector streets except as they are found to be essential for stormwater management. (Refer to Table 2.[4])
[4]
Editor's Note: Table 2, Street Design Options, is included as an attachment to this chapter.
(5) 
Shoulders. Four-foot-wide stabilized shoulders are required along both sides of the residential collector street cartway.
(6) 
Moving lanes. All industrial/commercial streets shall be provided with a minimum of two moving lanes.
(7) 
On-street parking shall be prohibited on residential collector streets.
(8) 
Engineering criteria. All features of the geometric design of residential collectors that are not specified below shall be designed for a design speed of 40 miles per hour.
(a) 
Minimum grade: 1%.
(b) 
Maximum grade: 7%.
(c) 
Horizontal curvature: minimum center-line radius of 350 feet.
(d) 
Minimum tangent length between reverse curves: 150 feet.
(e) 
Super-elevation: 0.08 foot/foot.
(f) 
Stopping sight distance: 275 feet.
(g) 
Maximum grade within 50 feet of intersection: 3%.
A. 
Industrial/commercial streets.
(1) 
Street access. Special purpose streets may only intersect existing streets.
(2) 
Cartway width, right-of-way, and curbing. A minimum paved cartway width of 26 feet with curbing and a sixty-foot right-of-way is required if on-street parking is prohibited. A minimum paved cartway width of 44 feet with curbing and a seventy-foot right-of-way is required if on-street parking is allowed.
(3) 
Moving lanes. All industrial/commercial streets shall be provided with a minimum of two continuous moving lanes in which no parking is permitted.
(4) 
Engineering criteria. All features of the geometric design of an industrial/commercial street specified below shall be designed for a design speed of 30 miles per hour to be able to accommodate truck traffic.
(a) 
Minimum grade: 1%.
(b) 
Maximum grade: 5%.
(5) 
Dedication. The Township reserves the right to refuse dedication of a special purpose street. An appropriate legal mechanism for ownership and maintenance will be required where the streets are not accepted for dedication.
A. 
Classification and design. Marginal access streets are required, unless specifically waived by the Township, as an alternative to stripping off lots along existing or proposed arterial or collector streets. Marginal access roads shall be classified and designed to conform with the design standards and service restrictions of either residential access, subcollector or collector streets.
B. 
Intersection spacing. The minimum distance between intersections of the marginal access street with residential collectors shall be 300 feet and with primary streets shall be 370 feet.
C. 
Distance between cartways. A minimum distance of 30 feet shall be provided between the marginal access street cartway and the higher order street cartway. This area shall be used to provide a visual screen between the roadways by landscaping or by use of a berm. The design and layout of berms and of plantings shall not interfere with the clear sight triangle.
Alleys are prohibited in the Township.
A. 
Driveways to single-family lots and to attached housing units:
(1) 
Driveways shall be located no less than 40 feet from any street intersection. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications as described herein.
(2) 
For collector and higher order streets, there shall be adequate driveway turnaround space on each lot so that no car need back out onto a street in order to leave the lot.
(3) 
Driveways shall be so located, designed and constructed as to provide a reasonable sight distance at intersections with a stopping space, not to exceed a four-percent grade, 20 feet behind the right-of-way line.
(4) 
All driveways shall be at least 12 feet from any side or rear lot line for single-family lots and five feet from any side or rear lot line for attached housing units. Common use of driveways by adjacent landowners is encouraged, and in the case of a common driveway this requirement does not apply.
(5) 
All driveways shall be designed to accommodate two automobiles on lot in a side-by-side manner.
(6) 
For properties abutting curbed and uncurbed streets, the following standards shall apply to the driveway apron at the street line:
(a) 
Minimum curb cut or driveway width at the street line: 10 feet.
(b) 
Maximum curb cut or driveway width at the street line: 20 feet.
(7) 
Each single-family lot or attached housing unit shall have only one curb cut along its street frontage.
B. 
Access to parking areas.
(1) 
All entrance drives serving four or less dwelling units shall, at a minimum, be designed to single-family driveway standards above.
(2) 
All entrance drives which may be expected to convey less than 200 ADT volume and serving five or more dwelling units shall be laid out to conform to the design, service and access standards established in this chapter for local access streets and shall be considered a local access street for purposes of establishing the street hierarchy.
(3) 
All entrance drives which may be expected to convey greater than 200 ADT but less than 1,000 ADT volume shall be laid out to conform to the minimum design, service and access standards specified in this chapter for residential subcollector streets and shall be considered a residential subcollector street.
(4) 
All entrance drives which may be expected to convey greater than 1,000 ADT volume shall be laid out to conform to the minimum design, service and access standards specified in this chapter for residential collector streets.
(5) 
In addition to the above standards, all entrance drives shall be located in accordance with the recommendations of "Access Management for Streets and Highways," United States Department of Transportation, June 1982.
A. 
Corner sight distance (clear sight triangle).
(1) 
Whenever a proposed street intersects an existing or proposed street of higher order in the street hierarchy, the street of lower order shall be made a stop street. The street of lower order shall also be designed to provide a minimum corner sight distance as specified in the accompanying chart:
Y
=
Corner sight distance, measured from point "a" to point "c" and point "c" to point "d"
a and d
=
A point 3.5 feet above the center line of the major roadway
b
=
Eye level from a car stopped at the intersection on the minor road; for this chapter, "b" is situated 3.5 feet above the roadway 20 feet from the edge of paving of the major road
c
=
Approximate center of intersection of 2 streets
440 Figure 1.tif
Shaded area represents clear sight triangle
Minimum Corner Sight Distance "Y"
Major Road Type/Design Speed
Y
(feet)
Existing street/50 mph
500
Existing street/40 mph
400
Residential collector/35 mph
350
Residential subcollector/30 mph
300
Residential access/25 mph
250
(2) 
The entire area of the clear sight triangle, described by points "a," "b" and "c" above, shall be designed to provide an unobstructed view across it from point "b" to all points 3.5 feet above the cartway along the center line from point "a" to points "c" and "d."
B. 
Curb radius. Minimum curb or edge of pavement radius shall be determined according to the specifications for the street of higher classification in the street system hierarchy, as specified below.
(1) 
Residential subcollector: 20 feet.
(2) 
Residential collector: 30 feet.
(3) 
Existing street: 40 feet.
C. 
Intersection spacing. Proposed streets which intersect opposite sides of another street (either existing or proposed) shall be laid out to intersect directly opposite each other or at the discretion of the Board of Supervisors, with a minimum offset or spacing measured from center line to center line as specified below.
Major Road Type
Spacing
(in feet)
Existing
1,600
Residential collector
300
Residential subcollector
125
Residential access
NA
D. 
Intersection angle. Intersecting streets shall intersect at a 90° angle for a minimum of 50 feet beyond the intersection of the right-of-way lines.
E. 
Turning lanes. Deceleration or turning lanes may be required by the Township along existing and proposed collector and/or arterial roads whenever these intersect other collector or primary roads.
(1) 
Deceleration or turning or merging lanes may be required by the Township along existing and proposed streets as determined by a traffic impact study required by § 440-303D(7).
(2) 
Deceleration lanes shall be designed to the following standards:
(a) 
The lane width shall be the same as the required width of the roadway moving lanes.
(b) 
The lane shall provide the full required lane width for its full length. It shall not be tapered.
(c) 
The minimum lane length shall be as follows:
Design Speed of Road
(mph)
Minimum Deceleration Lane Length
(feet)
30
165
40
230
50
310
[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
A. 
Street trees shall be planted along all streets where suitable street trees do not exist and where existing conditions warrant the planting of street trees.
B. 
Large trees shall be planted at intervals of not more than 40 feet, and small trees shall be planted at intervals of not more than 25 feet.
C. 
Street trees shall be planted five feet behind and parallel to the future right-of-way line. A ten-foot-wide landscaping easement shall be incorporated into the plan to accommodate the planting of the trees. The easement shall be measured from the future right-of-way line.
D. 
At intersections, street trees shall be located no closer than 30 feet from the intersection of the street right-of-way lines.
E. 
Street trees shall be staggered on opposite sides of the street.
F. 
The minimum trunk diameter, measured at a height of six inches above the finished grade level, shall be 2.5 inches for large and small trees.
G. 
Street trees shall be of nursery stock. They shall be of symmetrical growth, free of insects, pests and disease. All plant material shall conform to the applicable standards of the American Association of Nurserymen. These standards include, but are not limited to, caliper, height, spread and root ball size.
H. 
In particular, approved trees include the following:
Small Trees
Acer campestre — Hedge maple
Acer ginnala — Amur maple*
Crataegus x lavallei — Lavelle hawthorn*
Crataegus phaenopyrum — Washington hawthorn*
Crataegus viridis "winter king" — "Winter king" hawthorn*
Koelreuteria paniculata — Golden raintree
Malus baccata f. columnaris — Upright siberian crabapple*
Malus floribunda — Japanese crabapple*
Malus baccata "snowdrift" — "Snowdrift" crabapple*
Prunus serrulata "kwanzan" — "Kwanzan"
Flowering cherry
Large Trees
Acer platanoides — Norway maple
Acer rubrum — Red maple
Fraxinus americana — White ash
Fraxinus pennsylvanica lanceolata — Green ash
Ginko biloba — Ginko (male only)
Gleditsia triacanthos inermis — Thornless honeylocust
Liquidambar styraciflua — Sweet gum
Phellodendron amurense — Amur cork tree
Pyrus calleryana bradford — Bradford callery pear
Quercus alba — White oak
Quercus borealis — Red oak
Quercus coccinea — Scarlet oak
Sophora japonica — Japanese pagoda tree
Tilia — Linden (all species hardy to the area)
Zelkova serrata — Japanese zelkova
NOTE:
*
Must be of the nursery stock trained for street tree use, i.e., single trunk with branching height six feet or greater.
(1) 
Upon approval of the Planning Commission, other species may be utilized.
I. 
Where planted median strips are incorporated into a subdivision or land development plan, only low-maintenance plant material shall be used.
J. 
The location and type of street trees and the location of streetlights shall be indicated on a plot plan for individual properties prior to agreement of sale of a lot. These elements shall also be described in the deed for individual lots.
[Amended 12-1-1992 by Ord. No. 92-13]
A. 
Street signs shall be of an approved vandalproof design and shall be consistent in design and specification with those in general use by the Township.
B. 
The signs shall be located in a manner making them visible at all times with a minimum of effort by both pedestrian and vehicular traffic and as close to the side of the cartway or curb as practical, but no part of the nameplate shall be permitted to overhang any part of the cartway or curb.
C. 
Street nameplates, standards, installations and locations shall be subject to the approval and inspection of the Township Engineer(s).
D. 
The installation of all traffic control signs, equipment or devices required within the subdivision or land development and along the frontage shall be shown on the plan, approved by the Pennsylvania Department of Transportation or Middletown Township, where required, and installed at the cost of the developer.
[Amended 12-1-1992 by Ord. No. 92-13]
A. 
Sidewalks shall be provided where required by the Township.
B. 
The minimum width of all sidewalks shall be four feet. There shall be a minimum seven-foot-wide planting strip between the curb and the sidewalk along streets. The minimum width of a combination sidewalk and curb shall be six feet.
C. 
The grades and paving of the sidewalk shall be continuous across driveways except in nonresidential and high-density residential developments and in certain other cases where heavy traffic volume dictates special treatment.
D. 
Sidewalks shall be constructed in accordance with the Middletown Township Specifications and Design Standards for Streets and Roads.
E. 
Sidewalk and accessible route cross slopes shall be in accordance with current ADA requirements.
[Amended 6-6-2006 by Ord. No. 06-10]
F. 
At corners and pedestrian street crossing points, sidewalks shall be extended to the curbline with an adequate apron area for anticipated pedestrian traffic.
G. 
The grades of sidewalks and accessible routes shall be in accordance with current ADA requirements. Where steps or a combination of steps and ramps are utilized to maintain maximum permitted grades, they must be constructed in accordance with current ADA standards as well.
[Amended 6-6-2006 by Ord. No. 06-10]
H. 
In addition to the preceding requirements, all sidewalks shall provide ramps for adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs at all pedestrian crosswalks. These facilities shall be constructed in accordance with the chapter titled "Pedestrian Facilities" of the PennDOT Manual, Part 2, or any amendments thereto.
[Amended 12-1-1992 by Ord. No. 92-13]
All curbs shall be constructed in accordance with Middletown Township Specifications and Design Standards for Streets and Roads.
[Amended 12-1-1992 by Ord. No. 92-13; 2-11-1997 by Ord. No. 97-02]
A. 
A parking space is a paved stall or berth covered or uncovered for parking motor vehicles, excluding space(s) within a public cartway. Parking facilities shall be provided off street in accordance with the requirements of the Middletown Township Zoning Ordinance (Chapter 500) and this chapter. Use of any parking space for any other purpose is prohibited.
B. 
Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle(s).
C. 
At no time shall angle or perpendicular parking be provided along public or private streets. All parking lots and bays permitting parking other than parallel shall be physically separated from the street and confined by curbing or other suitable separating device.
D. 
Vehicles shall not be permitted to exit parking spaces by backing into a public street. Access areas shall be designed so as to allow vehicles to enter a public street in a forward direction.
E. 
The design standards specified below shall be required for all off-street parking facilities with a capacity of three or more vehicles. Refer to Figure 2 below.
(1) 
No one row of off-street parking spaces shall exceed 12 spaces. Raised planting beds shall be at intervals not to exceed 12 spaces with beds offset on alternating sides of parking rows. Planting islands shall be located at each end of a parking row.
(2) 
Raised planting beds shall be planted with one shade tree (from the approved street tree list) per bed.
440 Figure 2.tif
(3) 
Where necessary for vehicular channelization and where determined necessary by the Board of Supervisors for pedestrian safety, a double-loaded row of parking spaces shall include a ten-foot-wide raised planting strip. The planting strip shall have raised planting beds only at each end of the parking row. The planting strip shall include a sidewalk, light standards and trees. The location of light standards and trees shall not interfere with each other.
(4) 
The edge of any parking area shall not be closer than 15 feet to the outside wall of the nearest building. This area shall be used for sidewalks to entryways and foundation plantings.
(5) 
Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service or other use. Unless otherwise specified, parking areas shall conform to the following minimum dimensional standards, based upon their intended function.
[Amended 6-6-2006 by Ord. No. 06-10]
Aisle Width
Type
One-Way
(feet)
Two-Way
(feet)
Stall Width
(feet)
Stall Depth**
(feet)
Conventional
20
24
9***
18***
Handicapped
20
24
In accordance with current ADA requirements
Oversized*
(As determined by the Township)
NOTES:
*
Including, but not limited to, recreational vehicles, tandem trailers, trucks and buses.
**
Stall depth shall be measured from the curb or the tire stop
***
Or as prescribed in the Middletown Township Zoning Ordinance (Chapter 500).
(6) 
The number of parking spaces for handicapped or physically disabled persons shall be provided for in accordance with current ADA requirements.
(a) 
In order to provide for flexibility in parking lot design and layout, angle parking may be appropriate in certain instances. Where angle parking is utilized, the width of stalls for various types of parking uses shall remain consistent with the minimum dimensions established for each, while the depth of stall and width of aisles may vary as follows:
Aisle Width Variation
(in feet)
Angle of Parking
One-Way
Two-Way
Stall Depth Variation
(feet)
90°
0
0
0
60°
-2
-3
+1
45°
-5
-4
0
30°
-8
-4
-2
(7) 
All dead-end parking areas shall be designed to provide sufficient area for backing and turning movements from the end stalls of the parking area.
(8) 
No less than a five-foot radius of curvature shall be permitted for all curblines in all parking areas.
(9) 
Except at entrance and exit drives, all parking areas shall be set back from the future right-of-way line and all property lines at least 15 feet or as required by the Middletown Township Zoning Ordinance (Chapter 500) (the greater provisions shall prevail). The distance between this required setback and the cartway shall be maintained as a planting strip.
(10) 
All automobile parking areas shall be paved and constructed in accordance with the Middletown Township Specifications and Design Standards for Streets and Roads, except single-family residential dwellings.
(11) 
The depth and width of parking areas reserved or laid out for commercial and industrial uses shall be appropriate to those uses.
(12) 
The layout of every parking area shall be such as to permit safe and efficient internal circulation, in accordance with accepted traffic engineering principles and standards, including truck traffic where applicable.
(13) 
Entrances and exits to and from off-street parking areas shall be located so as to avoid interference with street traffic.
(14) 
Every off-street parking area shall include sufficient stacking space to accommodate entering and exiting vehicles without overflowing into adjacent streets or service roadways.
(15) 
Wherever possible, the layout of parking aisles and rows shall be perpendicular to building facades to facilitate channelization of pedestrian movements.
(16) 
For the purpose of servicing any property held under single and separate ownership, entrance and exit accessways crossing the street line shall be limited to one accessway along the frontage of any single street. Unless and only if one accessway is impracticable in the judgment of the Board of Supervisors, two accessways shall be permitted along the frontage of any single street, and the center lines of the two accessways shall be spaced at least 80 apart. On all corner properties, there shall be a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit accessway and the street line of the street parallel to said accessway.
(17) 
Access drives shall be at least 12 feet from any side property line, except for the additional requirements in buffer yards. If a shared access or agreement or common driveway situation exists, this requirement shall not apply.
(18) 
Where necessary in the judgment of the Board of Supervisors, concrete tire bumpers shall be installed so as to prevent vehicle overhang on the sidewalk area.
(19) 
Parking and display areas along arterial and collector roads shall be set back at least 30 feet from the future right-of-way of said road in order to accommodate acceleration and deceleration lanes and marginal access roads. Where automobile sales is the primary use of a parcel, parking and display areas shall be set back at least 15 feet from the future right-of-way.
F. 
Lighting. Parking areas for all nonresidential uses and multifamily residential developments shall be lighted. All artificial lighting used to illuminate any parking area shall be so designed that no direct rays shall fall upon any neighboring property or street. A minimum level of one footcandle of light shall be maintained. Lighting standards shall be located not less than two feet from the paving of parking spaces, drives or streets.
G. 
Parking lots with less than 20 spaces shall not have a grade exceeding 5%. Parking lots with 20 or more spaces shall not have a grade exceeding 3%. Any grade, cut, fill or height exceeding four feet shall be subject to approval of the Board of Supervisors.
H. 
All parking areas shall have at least one tree of 1 1/2 inch caliper minimum for every six parking spaces in single rows and one tree of 1 1/2 inch caliper minimum for every 12 parking spaces in double-loaded rows of parking spaces. Trees shall be planted in such a manner as to afford maximum protection from the sun for parked vehicles. The requirements of § 440-421E above may be used to fulfill this requirement.
I. 
All parking spaces shall be marked with a four-inch-wide painted line so that individual spaces are identifiable.
J. 
Curbs or tire stops shall be designed for the protection of planting strips and to prevent overhanging of pedestrian walks. Curbs shall be designed to accommodate handicapped persons.
A. 
In addition to the requirements of this article, all proposed mobile home parks shall comply with the following articles of this chapter: Articles III, V and VI.
B. 
The development plan for a mobile home park shall comply with the Middletown Township Zoning Ordinance (Chapter 500).
C. 
Pedestrian walks.
(1) 
General requirements. All parks shall provide safe, convenient, all-season pedestrian walkways of adequate width for intended use, durable and convenient to maintain, between the park streets and all community facilities provided for park residents. Sudden changes in vertical alignment or gradient shall be prohibited.
(2) 
Common walk system. Where pedestrian traffic is concentrated, a common walk system shall be provided, such common walks shall have a minimum width of 3 1/2 feet.
(3) 
Individual walks. All mobile home sites shall be connected to common walks and to streets or to driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of 2 1/2 feet.
D. 
Skirting and hitching.
(1) 
An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(2) 
The hitch which is employed for the normal movement of the unit shall be removed.
E. 
Refuse collection.
(1) 
Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.
(2) 
Collection stations shall be located so as to be separated adequately from habitable units to avoid being offensive but at the same time be convenient for both collectors and residents, and shall be screened and landscaped adequately.
[Amended 12-1-1992 by Ord. No. 92-13]
A. 
All subdivisions, multifamily residential land developments and mobile home parks shall meet the open space requirements of this chapter and of the Middletown Township Zoning Ordinance (Chapter 500). A performance bond or other security in accordance with this chapter may be required to cover the costs of installation of designated planting and recreation facilities.
B. 
The applicant shall provide monuments to physically delineate private lots from open space areas.
C. 
All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in Subsection C(1), (2) or (3) below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used:
(1) 
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
(2) 
Natural area. An area of natural vegetation undisturbed during construction or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees and brush shall be removed, and streams shall be kept in free-flowing condition.
(3) 
Recreation area. An area designated for a specific recreation use, including but not limited to tennis, swimming, shuffleboard, playfield and tot-lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
(4) 
Stormwater management. Stormwater detention or retention basins shall not be included as areas designated for open space.
D. 
Any of the following methods may be used to preserve, own or maintain open space: condominium, homeowners' association, dedication in fee simple, or transfer to a private conservation organization. The following specific requirements are associated with each of the various methods:
(1) 
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act.[1] All open space land shall be held as common element. Such land shall not be eligible for sale to another party, except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(2) 
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII of the Pennsylvania Municipalities Planning Code. A homeowners' association shall not be disbanded without the consent of the Township.
(3) 
Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the open space, provided that: a) such land shall be freely accessible to the public; b) there shall be no cost to the Township involved; c) the Township agrees to and has access to maintain such lands; and d) the open space shall be in an acceptable condition to the Township at the time of transfer with regard to size, shape, location, improvements, and environmental integrity.
(4) 
Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that: a) the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; b) the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and c) a maintenance agreement acceptable to the Township is entered into by the developer and the organization.
[Amended 12-17-1991 by Ord. No. 91-35]
A. 
Where deemed essential by the Board of Supervisors, upon consideration of the particular type of development proposed, the Board of Supervisors may require the dedication or reservation of such other areas or sites of a character, extent and location suitable to the needs created by such development for schools, parks, other neighborhood purposes and recreation areas.
B. 
The following standards shall apply to the provisions of recreation space and community facilities.
[Amended 5-29-2007 by Ord. No. 07-07]
(1) 
All residential development, including multifamily and cluster developments, shall provide a minimum of 1,500 square feet per residential dwelling unit. This open space requirement is in addition to any open space required under the Zoning Ordinance (Chapter 500).
C. 
Any residential subdivision or land development plan, whether for single-family or multifamily, that contains less than 30 dwelling units may be exempted at the option of the Board of Supervisors from the provision of the offer of dedication as provided for in this chapter.
D. 
The recreational activities and/or facilities for which the area is intended must be specified on the development plans.
E. 
Recreation areas shall be readily accessible to all development residents or, in the case of recreation areas dedicated to the Township, shall be easily and safely accessible to the general public. At least one side of the recreation area shall abut a street for a minimum distance of 50 feet for access of emergency and maintenance vehicles. Measures must be taken to ensure that unsafe conditions will be avoided when recreation areas are adjacent to streets or parking lots.
F. 
The configuration of the recreation area must be able to accommodate recreation activities proposed by the development plans. The required minimum area shall not include narrow or irregular pieces of land which are remnants from plotting and/or street and parking areas. Recreational areas shall have an appropriate area for access and a minimum area of 45,000 square feet.
G. 
Recreation areas shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
H. 
The following may not be located in recreation areas: storm drainage facilities, sewage treatment or disposal facilities of any type, water storage tank, well pump house, and any similar use or other use which is not related to or associated with recreation.
I. 
Active recreation areas shall be located in such a location that the use of the facility will not be a nuisance to the residents of nearby dwelling units.
J. 
Dedication to the Township.
(1) 
In a case where the developer does not wish to retain the required recreation area or open space, or it is not accepted by an approved conservation organization, such area may be dedicated to the Township for public use.
(2) 
Before approving any site to be dedicated to the Township for recreational areas and open space, the Board of Supervisors shall seek the advice of the Township Park and Recreation Board and the Township Planning Commission.
(3) 
Such area dedicated to the Township for public use shall be suitable for recreational purposes or open space by reasons of size, shape, location, topography and access.
(4) 
If the Board of Supervisors deems it to be in the public interest to accept in dedication land for recreational purposes and open space purposes, such acceptance shall be by adoption of a resolution or ordinance of the Board of Supervisors and acceptance of a deed of dedication from the developer, and in addition thereto, the developer shall contribute to the Township a sum of money to be determined by resolution of the Board of Supervisors. Said sum shall be deposited in a special maintenance account by the Township and shall be used only for the purpose of developing and maintaining dedicated land within the Township. In addition, where the Board of Supervisors has deemed it to be in the public interest to accept in dedication land for recreational purposes and open space purposes, the developer shall contribute to the Township a sum of money to be determined by resolution of the Board of Supervisors. Said sum shall be deposited in a special capital reserve account by the Township and shall be used only for the purpose of acquisition of land or capital improvements for park and recreation purposes.
(5) 
If the Board of Supervisors deems it to be in the public interest to accept in dedication land for drainage detention or retention purposes, such acceptance shall be by adoption of a resolution or ordinance of the Board of Supervisors and acceptance of a deed of dedication from the developer, and in addition thereto, the developer shall contribute to the Township a sum of money to be determined by resolution of the Board of Supervisors. Said sum shall be deposited in a special maintenance account by the Township and shall be used only for the purpose of maintaining dedicated land within the Township.
K. 
Fee in lieu of open space or recreation areas.
(1) 
Where the Board of Supervisors agrees that, because of the size, shape, location, access, topography or other physical features of the land or any other need of the Township, it is impractical to dedicate land to the Township or set aside a recreation area or open space area as required by this chapter, the Supervisors shall require a payment of a fee in lieu of dedication of such land from the developer, which shall be payable to the Township prior to approval of each final section of the overall plan by the Board. Such fee shall be calculated by multiplying the number of dwelling units in each section by the fee per dwelling unit.
(2) 
The amount of the fee shall be determined by resolution of the Board of Supervisors, which may be equivalent to the fair market value of this land.
(3) 
All moneys paid to the Township pursuant to this chapter shall be kept in a capital reserve fund. Moneys in such fund shall be used only for the acquisition of land or capital improvements for park and recreation purposes.
In addition to all other applicable provisions of this chapter, multifamily residential developments are subject to the following requirements:
A. 
Preliminary approval of the site plan must be obtained for the entire proposed multifamily development. Final approval may be obtained section by section, but such development sections shall be specified on the preliminary plan and must be numbered in the proposed order that they are to be developed. Such order of development must be adhered to, and if changes are required, plans must be refiled and reviewed and approved.
B. 
Arrangement of buildings and facilities.
(1) 
All of the elements of the site plan should be organized harmoniously and efficiently in relation to topography, the size and shape of the plot, the character of the adjoining property, and the type and size of the buildings, in order to produce a usable and efficient land use pattern.
(2) 
Arrangements of buildings should be in favorable relation to the natural topography, existing desirable planting, bodies of water, views within and beyond the site, and exposure to the sun and other buildings on the site.
C. 
Access and circulation.
(1) 
Access to the dwellings and circulation between buildings and other important project facilities for vehicular and pedestrian traffic shall be comfortable and convenient for the occupants.
(2) 
Access and circulation for firefighting and other emergency equipment, moving vans, fuel trucks, garbage collection, deliveries and snow removal shall be planned for efficient operation and convenience.
(3) 
Walking distance from the main entrance of a building to a street, driveway or parking area shall usually be less than 100 feet; any exception to this standard should be reasonably justified by compensating advantages, such as desirable views and site preservation through adaptation to topography. In no case shall the distance exceed 200 feet.
D. 
Yards. Yards shall assure adequate privacy, desirable outlook, adequate natural light and ventilation, convenient access to and around the dwellings, and other essential uses.
E. 
Grading.
(1) 
Grading shall be designed for buildings, lawns, paved streets and other facilities to assure adequate surface drainage, safe and convenient access to and around the buildings and for the screening of parking and other service areas and the conservation of desirable existing vegetation and natural contours of the land.
(2) 
Grading around buildings shall be designed to be in harmony with natural topography and to minimize earthwork.
F. 
Streets.
(1) 
Streets shall be provided on the site where necessary to furnish principal trafficways for convenient access to the living units and other important facilities on the property.
(2) 
Streets shall conform to the design requirements and specifications of this chapter.
G. 
Driveways.
(1) 
Driveways shall be provided on the site where necessary for convenient access to the living units, garage compounds, parking areas, service entrances of buildings, collection of refuse, and all other necessary services. Driveways shall enter public streets at safe locations.
(2) 
Driveways shall be planned for convenient circulation suitable for traffic needs and safety.
(3) 
All driveways shall be constructed and paved in a manner acceptable to the Township.
H. 
Parking areas.
(1) 
Paved parking areas shall be provided to meet the needs of the residents and their guests without interference with normal street traffic.
(2) 
Parking areas shall conform to the standards and requirements of this chapter and those of the Zoning Ordinance (Chapter 500).
I. 
Sidewalks.
(1) 
Street sidewalks and on-site walks shall be provided for convenience and safe access to all living units from streets, driveways, parking areas or garages and for convenient circulation and access to all facilities.
(2) 
Width, alignment and gradient of walks shall provide safety and convenience for pedestrian traffic. Small jogs in the alignment shall be avoided.
(3) 
The alignment and gradient of walks shall be coordinated with the grading plan to prevent the passage of concentrated surface water on or across the walk and to prevent the pocketing of surface water by walks.
(4) 
Sidewalks shall be constructed in accordance with the requirements of this chapter.
J. 
Refuse collection stations.
(1) 
Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.
(2) 
Collection stations shall be located so as to be separated adequately from habitable buildings to avoid being offensive, but at the same time be convenient for both collectors and residents, and shall be screened and landscaped.
K. 
Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features, and additional new plant material shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features. The requirements of the Middletown Township Zoning Ordinance (Chapter 500) shall be met.
A. 
Additional width of streets adjacent to areas proposed for nonresidential use may be required as deemed necessary by the Board of Supervisors to assure the free flow of through traffic unimpeded by vehicles entering or leaving parking areas.
B. 
The access requirements of § 440-415B of this chapter shall be met.
C. 
For commercial uses, the developer may be required to provide separate access for service vehicles and loading areas from the vehicular accessways and parking areas intended for patron use. This may be accomplished by using a separate access point for service vehicles to move from the road to the loading area. The applicant may also be required to screen the loading area when deemed necessary by the Township.
D. 
Dead-end streets, cul-de-sac streets and eyebrows are prohibited, except at the discretion of the Board of Supervisors. If they are permitted, they shall be terminated with a paved turnaround consistent with this chapter.
E. 
Adjacent residential areas shall be protected from potential nuisance of the proposed nonresidential developments. Buffer yards shall be provided as prescribed in the Middletown Township Zoning Ordinance (Chapter 500).
F. 
Streets carrying nonresidential traffic shall not be extended to the boundaries of the adjacent existing or potential residential areas, nor connected to streets intended for predominantly residential traffic.
G. 
Parking areas shall be located or designed in such a manner that they are visibly secluded from eye level in any surrounding residential area. Grading to depress the parking area, raised berms, landscaping or fencing are satisfactory methods to create such seclusion.
H. 
All area, design and parking requirements shall conform to the Middletown Township Zoning Ordinance (Chapter 500) and this chapter.
I. 
Refuse collection for nonresidential developments.
(1) 
Outdoor collection stations shall be provided for garbage and trash removal when indoor collection is not provided.
(2) 
Collection stations shall be located to avoid being offensive and shall be screened from view and landscaped.
(3) 
Collection stations shall not be located in buffer yards.
J. 
Off-street loading facilities. Off-street loading facilities shall be designed to conform to the following specifications:
(1) 
Each required space shall be no less than 14 feet wide, 55 feet long, and 14 feet six inches high, exclusive of drives and maneuvering space, and located entirely on the lot being served.
(2) 
There shall be appropriate means of access to a street as well as adequate maneuvering space.
(3) 
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 35 feet; the minimum width shall be 20 feet.
(4) 
All accessory driveways and entranceways shall be graded, surfaced and drained to the satisfaction of the Township Engineer, to the extent necessary to prevent nuisances of dust, erosion or excessive water flow across public ways.
(5) 
Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
A. 
Bikeway definitions. As used in this article, the following terms shall have the meanings indicated:
BICYCLE LANES
Bikeways located on the paved surface of a roadway, street or highway or on the shoulder of a roadway, street or highway and delineated by signs or markings.
BICYCLE PATHS
Bikeways laid out on private property, public right-of-way, or open space and recreational areas.
BICYCLE ROUTES
Bikeways located in the area of a public roadway, street or highway which is specifically designated and marked by appropriate directional and informational signs.
B. 
If requested by the Board of Supervisors upon advice of the Township Planning Commission and consultants, subdivision and land development plans shall include bike paths, bike lanes and bike routes.
[Amended 5-29-2007 by Ord. No. 07-07]
C. 
Construction standards. All bike paths, bike lanes and bike routes shall be constructed or installed in accordance with the following standards:
(1) 
Bike paths.
(a) 
The near edge of the path shall not be less than five feet from the face of the curb along any street. Where this setback cannot be accomplished, a suitable physical barrier shall be provided.
(b) 
The width of the path shall be five feet. The Board of Supervisors may from time to time permit variations in this width and may permit the installation of bicycle paths in lieu of sidewalks.
(c) 
Bicycle paths shall, as near as possible, follow the contour lines of the particular area where the paths are to be installed.
(d) 
Curb ramps the same width as the bike path shall be installed to permit the crossing of intersecting streets. Curb ramps shall have a maximum slope of six to one with sides having a maximum slope of two to one.
(e) 
The vertical clearance from the bicycle path surface to overhead obstruction shall be not less than 10 feet.
(f) 
The bicycle path shall be constructed of four-inch aggregate base of either gravel, crushed stone or slag with two-inch asphalt surface course.
(g) 
All bike paths shall be constructed in such a manner to ensure adequate and proper drainage and to prevent the bike path from being inundated by surface drainage.
(h) 
The entire design and construction of the bike paths shall be in accordance with good engineering practice and shall be subject to the approval of the Township Engineer.
(2) 
Bike lanes.
(a) 
A bike lane shall not be installed on roads, streets or highways which have a posted speed in excess of 45 miles per hour.
(b) 
The minimum width of the bike lane where no curb is present shall be four feet for one-way bike traffic. When the bike lane is adjacent to a curb, the minimum width shall be five feet.
(c) 
Bicycle lanes shall be marked with bright paint stripes at least four feet from the outer edge of the pavement and approximately six inches wide.
(d) 
Bicycle lanes on state roads shall conform to regulations of the Pennsylvania Department of Highways.
(e) 
Where a roadway, street or highway is widened to include a bicycle lane, the added pavement area shall be installed in accordance with the street construction requirements of the Township of Middletown.
(3) 
Bicycle routes.
(a) 
A bicycle route shall not be installed on roads, streets or highways where the posted speed limit is in excess of 25 miles per hour.
(b) 
Where a bicycle route is designated by the Board of Supervisors, the roadway, street or highway shall be painted with symbols or posted with signs designating the bicycle route.
D. 
Establishing bike lanes and bike routes. The Board of Supervisors may from time to time designate bike lanes and bike routes in accordance with this chapter.
E. 
Signs and markings. All signs and markings required pursuant to the terms of this chapter shall conform to the standards set forth in the Manual on Uniform Traffic Control Devices, United States Government Printing Office (1971), or subsequent amendments.
[Amended 12-17-1991 by Ord. No. 91-35; 5-26-1998 by Ord. No. 98-07]
A. 
Title. This section shall be referred to as the "Middletown Township Transportation Impact Fee."
B. 
Purpose. The purpose of this section is to establish an impact fee program to ensure that the transportation system is available and adequate to support new growth and development. To advance this objective, there is hereby created an impact fee payable to the Township at the time of building permit issuance.
C. 
General findings and conditions. The Board of Supervisors hereby finds and declares that:
(1) 
The conditions and standards for the determination and imposition of the impact fee set forth herein are those set forth in Act 209 of 1990,[1] and any and all amendments thereto (hereinafter the "Act"), and consist of:
(a) 
The recitals set forth above.
(b) 
The analysis, advice and recommendations of the Impact Fee Advisory Committee.
(c) 
The Land Use Assumptions, as adopted by the Board of Supervisors.
(d) 
The Roadway Sufficiency Analysis, as adopted by the Board of Supervisors.
(e) 
The Transportation Capital Improvements Plan, as adopted by the Board of Supervisors.
(f) 
Such other conditions and standards as the Board of Supervisors may by resolution identify from time to time as being relevant and material to the imposition of an impact fee and consistent with the provisions of the Act and any amendments thereto.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
(2) 
The collection, disbursement and accounting of impact fees shall be administered by the office of the Township Manager or Secretary-Treasurer, subject to review, oversight and control by the Board of Supervisors.
(3) 
The time, method and procedure for payment of impact fees shall be as set forth in Subsection P hereof.
(4) 
The procedure for credits against or refunds of impact fees shall be as set forth in Subsections Q and R hereof.
(5) 
Such exemptions as the Board of Supervisors shall choose to enact shall be set forth in Subsection K hereof.
D. 
Definitions. The terms and definitions set forth in Section 502-A of the Act are hereby adopted and incorporated herein by reference.
E. 
Imposition. There is hereby enacted an impact fee to be imposed upon new development for the purpose of off-site public transportation capital improvements authorized by the Act and as described in the program adopted by the Board of Supervisors. Said impact fee shall apply to all new developments or subdivisions within each of the transportation service areas identified herein and shall be a condition precedent to final approval of a development or a subdivision plan or issuance of a building permit.
F. 
Uses. Impact fees collected pursuant to this section shall be expended for costs incurred for improvements attributable to new development and designated in the Transportation Capital Improvements Plan adopted by the Board of Supervisors in Resolution No. 91-37R for improvements within each of the transportation service areas in which the new development will be located. Additionally, such fees may be used for the acquisition of land and rights-of-way, engineering, legal and planning costs, and all other costs, including debt service related to road improvements within the designated service area, and including such proportionate amount of the Roadway Sufficiency Analysis as is allowed under the provisions of this Act.
G. 
Documents adopted by the Board of Supervisors. The following documents, previously adopted by the Board of Supervisors, are hereby incorporated by reference in this section:
(1) 
Recommendations of the Impact Fee Advisory Committee, identified as follows:
(a) 
Land Use Assumptions, as adopted by Township resolution.
(b) 
Roadway Sufficiency Analysis, as adopted by Township resolution.
(c) 
The Transportation Capital Improvements Plan, as adopted by Township resolution.
(d) 
The Impact Fee Schedule, as established by Township resolution.
(e) 
Designation of transportation districts as set forth on the Transportation Service Area Map identified as Exhibit A and incorporated herein by reference.[2]
[2]
Editor's Note: Exhibit A is on file in the Township offices.
H. 
Special traffic studies.
(1) 
Where intended to assist in determining the appropriate amount of traffic impact fees, the Township may require the preparation of special transportation studies to determine the traffic-generation or circulation patterns in new nonresidential developments only; provided, however, that no studies may be required where the proposed development will not require a deviation from the land use assumptions used to create the program.
(2) 
Any such studies required by the Township shall be submitted prior to the imposition of the impact fee and shall be considered in the determination of the fee.
I. 
Applicability of impact fee. Impact fees shall be uniformly applied to all development that occurs within a designated development subarea.
J. 
Imposition of impact fee.
(1) 
No building permit shall be issued for a development in a designated transportation district subarea, as herein defined, unless the applicant therefor has paid the impact fee imposed by and calculated pursuant to this section.
(2) 
In lieu of payment of the impact fee imposed in Subsection J(1) above, the Board of Supervisors may elect to have a person, association or corporation pay the nonresidential unit tax pursuant to Chapter 448, Article V, Nonresidential Unit Tax, of the Code of the Township of Middletown.
K. 
Exemptions. It is hereby specifically provided that any residential minor subdivision, as defined in this chapter, shall be exempt from the transportation impact fees imposed by this section.
L. 
Calculation of impact fees.
(1) 
The impact fee for transportation capital improvements shall be based upon the total costs of the road improvements included in the adopted Transportation Capital Improvements Plan within a given transportation service area attributable to and necessitated by new development within the service area as defined, divided by the number of anticipated peak-hour trips generated by all new development consistent with the adopted Land Use Assumptions and calculated in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, 4th or subsequent editions, which is hereby adopted by the Township, to equal a per-trip cost for transportation improvements within the service area.
(2) 
The specific impact fee for a specific new development or subdivision within the service area for road improvements shall be determined as of the date of preliminary land development or subdivision approval by multiplying the per-trip cost established for the service area as determined in Subsection G(1)(d) hereof by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards.
(3) 
The Board of Supervisors may authorize or require the preparation of a special transportation study in order to determine traffic generation or circulation for a new nonresidential development to assist in the determination of the amount of the transportation fee for such development or subdivision.
M. 
Establishment of transportation service areas.
(1) 
Transportation service areas are established as shown on the Transportation Service Area Map (attached hereto at the end of this section as Exhibit A and incorporated herein by reference).[3]
[3]
Editor's Note: Exhibit A is on file in the Township offices.
(2) 
Additional transportation district subareas or combinations of transportation district subareas may be designated by the Board of Supervisors from time to time consistent with the procedure set forth in this section and in consideration of the following factors:
(a) 
The Comprehensive Plan.
(b) 
Any standards for adequate public facilities incorporated in the program.
(c) 
The projected build-out and timing of development areas.
(d) 
The need for and cost of unprogrammed transportation improvements necessary to support projected development.
(e) 
Such other factors as the Board of Supervisors may deem relevant.
(3) 
Fees collected from development in each of the transportation district subareas will be used exclusively to fund transportation improvement projects scheduled for that district.
N. 
Nonbinding impact fee estimate. Prior to making an application for a building permit, an applicant may request a nonbinding impact fee estimate from the Township, which shall be based upon the maximum development potential of the site pursuant to existing zoning regulations (Chapter 500), unless the applicant specifies a lesser use of development.
O. 
Administration of impact fee.
(1) 
Collection of impact fee. Impact fees due pursuant to this section shall be collected by the Township in the manner or manners prescribed herein prior to the issuance of a building permit.
(2) 
Establishment of fund. Upon receipt of impact fees, the Township Manager or Secretary-Treasurer shall be responsible for the separate and proper accounting of such fees. All such fees shall be deposited in interest-bearing accounts in a bank authorized to receive deposits of the Township funds. Interest earned by each account shall be credited to that account and shall be used solely for the purpose specified for funds of such account.
(3) 
Establishment and maintenance of accounts. The Township Manager or Secretary-Treasurer shall establish appropriate trust fund accounts and shall maintain records whereby impact fees collected can be segregated for each transportation district subarea.
(4) 
Maintenance of records. The Township Manager or Secretary-Treasurer shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the program for the particular transportation district subarea.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
P. 
Method of payment. Payment of the transportation capital improvements impact fee shall be made by the traffic generator prior to the issuance of a building permit by the Township to the traffic generator for development on the applicable site.
Q. 
Credit. Any applicant who shall perform, at his own expense and with the consent and agreement of the Board of Supervisors, off-site improvements, as herein defined, shall be eligible for a credit from the impact fee otherwise due in the amount of the actual cost of such off-site improvements as approved by the Township Engineer. Such credit shall not exceed the amount of the impact fee.
(1) 
If the applicant makes such improvements, he must enter into an agreement with the Board of Supervisors prior to the issuance of any building permit. The agreement must establish the estimated cost of the improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement be completed to Township and Pennsylvania Department of Transportation standards and design criteria and such other terms and conditions as deemed necessary by the Board of Supervisors. The Board of Supervisors shall review the improvement plan, verify costs and time schedules, determine if the improvement is an eligible improvement, and determine the amount of the applicable credit for such improvement to be applied to the otherwise applicable impact fee prior to issuance of any building permit. In no event shall the Board of Supervisors provide a credit which is greater than the applicable impact fee. If, however, the amount of the credit is calculated to be greater than the amount of the impact fee due, the applicant may use such excess credit toward the impact fees imposed on other building permits for development on the same site and in the same ownership, provided that any such applicant shall be required to supply financial security sufficient, in the judgment of the Township, to cover the cost of any such improvement installed by the applicant for which credit is sought.
(2) 
An applicant shall be entitled as a credit against impact fees an amount equal to the fair market value of land dedicated by the applicant and accepted by the Township for future right-of-way, realignment or widening of existing roadways.
(3) 
An applicant shall be entitled as a credit against impact fees to an amount equal to the value of any road improvement construction which is contained in the Transportation Capital Improvements Plan and which was performed at the applicant's expense.
R. 
Refunds. Impact fees collected pursuant to this section shall be refunded, together with interest earned thereon, to the payer of the fees under the following circumstances:
(1) 
In the event the Township completes or terminates the capital improvements plan and there remain undisbursed funds, the respective payers shall be entitled to a share of the fund balance in the same proportion as the payer's impact fee payment plus interest earned bears to the total impact fees collected plus interest.
(2) 
In the event any specific road improvement project is completed at a cost to the Township less than 95% of the budgeted cost of the road project, the Township shall refund an amount equal to the excess budgeted cost over actual cost to the payers, pro rata plus accumulated interest.
(3) 
In the event the Township fails to commence construction within three years of the scheduled construction date of the project as set forth in the Transportation Capital Improvements Plan, the Township shall refund the portion of the fee paid by any payer making written request therefor which is attributable to said project, with accumulated interest, provided no refund shall be paid with respect to any project actually begun prior to the receipt of such refund request.
(4) 
In the event the development for which impact fees were paid has not commenced prior to the expiration of the building permit issued therefor, the impact fees paid, with accumulated interest, shall be refunded to the payer. Further, if a building permit, after issuance, is altered in such a way as to reduce the indicated impact fee, the difference between the amount indicated and the amount actually paid shall be refunded. The payer, at his option, may roll over the impact fees attributable to an expired building permit to cover fees incurred by a renewal of said expired permit. With respect to refunds arising out of Subsection R(1) or (2) hereof, any funds unclaimed within one year after notice as required by law may be transferred to the general account of the Township, and the payer's entitlement to said refund shall lapse. It is the responsibility of the payer to provide the Township with the current address of his place of business.
S. 
Effect of impact fee on zoning and subdivision and land development regulations. This section shall not affect, in any manner, the permissible use of property, density of development, previously adopted design and improvement standards and requirements or any other aspect of the development of land or provisions of public improvements which remain subject to applicable zoning and subdivision and land development regulations of the Township, which shall be operative and remain in full force and effect without limitation with respect to all such development.
T. 
Impact fee as additional and supplemental requirement. The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the Township on the development of land or the issuance of building permits. Nothing herein contained shall be deemed to alter or affect the Township's existing ordinances and regulations regarding on-site improvements. In no event shall a property owner be obligated to pay an impact fee for transportation capital improvements in an amount in excess of the amount calculated pursuant to this section; provided, however, that a property owner may be required to pay, pursuant to Township ordinances, regulations or policies, for other public facilities in addition to the impact fee for transportation improvements as provided herein.
U. 
Retroactive application. Notwithstanding the effective date of this section, the impact fees imposed by this section shall have retroactive application to the extent permissible by law.
V. 
Liberal construction. The provisions of this section shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.