[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.
ARTIFICIAL WETLAND
BEST MANAGEMENT PRACTICES (BMPS)
CATION EXCHANGE CAPACITY (CEC)
CISTERN
CONSERVATION DISTRICT
CULVERT
DEDICATION
DESIGN STORM
DETENTION BASIN
DEVELOPMENT SITE
DRAINAGE EASEMENT
DUAL PURPOSE DETENTION
EROSION
FIRST FLUSH
GROUNDWATER RECHARGE
INFILTRATION STRUCTURES
NRCS
PEAK DISCHARGE
REGULATED ACTIVITIES
RELEASE RATE
RETENTION BASIN
RUNOFF
SEDIMENT
SEDIMENTATION BASIN
SEEPAGE PIT/SEEPAGE TRENCH
SEMI-IMPERVIOUS SURFACE
SOIL-COVER-COMPLEX METHOD
STORM SEWER
STORMWATER MANAGEMENT FACILITIES
STORMWATER MANAGEMENT PLAN
STREAM
SUBAREA
SWALE
WET POND
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.
A water drainage area created to exhibit the same characteristics
as a naturally occurring wetland through vegetation and hydrology.
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).
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.
An underground reservoir or tank for storing rainwater.
The Bucks County Conservation District.
A pipe, conduit or similar structure, including appurtenant
works, which carries surface water.
The implied or express grant of property by its owner for
general public use.
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.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate.
The specific tract of land for which a regulated activity
is proposed.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
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.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
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.
Replenishment of existing natural underground water supplies.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench).
Natural Resources Conservation Service, United States Department
of Agriculture [formerly Soil Conservation Service (SCS)].
The maximum rate of flow of storm runoff at a given point
and time resulting from a specified storm event.
Actions or proposed actions which impact upon proper management of stormwater runoff and which are specified in § 440-406C of this chapter.
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.
A basin designed to retain stormwater runoff so that a permanent
pool is established.
That part of precipitation which flows over the land.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site or origin by
water.
A barrier, dam, retention or detention basin designed to
retain sediment.
An area of excavated earth filled with loose stone or similar
material and into which surface water is directed for infiltration
into the ground.
A surface such as stone, rock, concrete or other material
which prevents some percolation of water into the ground.
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.
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.
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.
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."
A watercourse.
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.
A low-lying stretch of land which gathers or carries surface
water runoff.
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:
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:
(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.
(b)
Infiltration BMPs intended to receive runoff from impervious
surface associated with nonresidential uses shall be constructed on
soils which have the following characteristics:
(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.
[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:
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.
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:
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.
(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.
(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.
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.
(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:
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.
(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.
(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.
(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
|
 |
|---|
|
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.
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.
 |
(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.
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]
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.
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.
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.
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.
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.
BICYCLE LANES
BICYCLE PATHS
BICYCLE ROUTES
Bikeway definitions. As used in this article, the following terms
shall have the meanings indicated:
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.
Bikeways laid out on private property, public right-of-way,
or open space and recreational areas.
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.
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:
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.
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.
(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]
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.
[Added 12-6-2021 by Ord.
No. 21-07]
In addition to all other applicable provisions of this chapter, any application for subdivision or land development providing for the construction or installation of alternative and/or emerging energy systems (as defined in § 500-202 of the Township Zoning Ordinance) intended to provide energy to more than one dwelling or a nonresidential use shall comply with the following requirements:
A.
Building orientation.
(1)
Streets. Streets shall be designed so that the buildings in
the subdivision or land development can be oriented with their long
axis within 20° of a true east-west orientation.
(2)
Lot design. The lot design shall provide for lots of adequate
width, depth, and shape for solar energy orientation, to provide open
area, to eliminate overcrowding, and to be appropriate for the location
of the subdivision or land development and for the type of development
contemplated. Lots and building setback lines shall be designed so
that the buildings in the subdivision or land development can be oriented
with their long axes within 20° of a true east-west orientation.
In subdivisions or land developments of more than five buildings,
only 80% of the proposed buildings need be oriented as required by
this subsection.
B.
Building placement.
(1)
Buildings shall be placed on an axis within 20° of true
east-west with the longest wall facing southward to benefit from solar
energy, natural shading, and natural lighting, and thus reduce energy
requirements. In subdivisions or land developments of more than five
buildings, only 80% of the proposed buildings need to be oriented
as required by this subsection. A group of connected townhomes is
to be considered one building for the purposes of this rule.
(2)
Buildings shall be placed within the topography such that walk-out
basements (where used) are positioned so that the exposed or walk-out
part of the basement is on the southward-facing side of the building.
(3)
All lots shall be laid out to permit buildings to employ renewable
energy sources such as closed-loop geothermal energy, wind energy,
or solar energy in the mechanical heating and cooling of any building.
(4)
No structure, whether principal use or accessory use; and no
coniferous plant materials, whether trees, shrubs, or other; and no
permanently fixed equipment shall be of such a height that it would
cast a shadow during daylight between 9:00 a.m. and 3:00 p.m. on the
winter solstice (the shortest day of the year) on any solar gathering
component of an existing or proposed solar energy system.
