The following principles, standards and requirements
will be applied in evaluating plans for proposed subdivisions or land
developments.
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. To the extent a conflict
exists between the standards set forth herein and the current Americans
with Disabilities Act, the current Americans with Disabilities Act
shall prevail.
[Amended 12-9-2014 by Ord. No. 2014-6]
B.
Where literal compliance with the standards herein
specified is clearly impractical, the Planning Commission may recommend
modification of the standards to permit reasonable utilization of
property while securing substantial conformance with the objectives
of this chapter.
A.
Land shall be suited to the purposes for which it
is to be subdivided or developed.
B.
Land which is unsuitable for development because of
hazards to life, safety, health or property, shall not be subdivided
or developed until such hazards have been eliminated or unless adequate
safeguards against such hazards are provided for in the subdivision
or land development plan. Land having any of the following characteristics
shall be deemed unsuitable for development within the meaning of this
section:
(1)
Land subject to flooding or which has a high groundwater
table.
(2)
Land which, if developed, will create or aggravate
a flooding condition upon other land.
(3)
Land subject to subsidence.
(4)
Land subject to underground fires.
(5)
Land containing significant areas of slopes of 15%
or greater.
(6)
Land which, because of topography or means of access
is considered hazardous by the Board of Supervisors.
C.
Proposed subdivisions or land developments shall be
coordinated with existing nearby neighborhoods so that the community
as a whole may develop harmoniously.
E.
Conformance with Comprehensive Plan. The layout or
arrangement of the subdivision or land development shall conform to
the East Manchester Township Comprehensive Plan and any regulations
or maps adopted in furtherance thereof.
A.
The length, width, shape, and design of blocks shall
be determined with due regard to the provision of adequate sites for
buildings of the type proposed, to the land use and zoning requirements
of East Manchester Township, the topography of the land being subdivided,
and the requirements for safe and convenient vehicular and pedestrian
circulation.
B.
Unless the topography of the land being subdivided
or the existing pattern of development in the immediately adjacent
area shall be otherwise than herein required, the following minimum
standards for the design and size of blocks shall prevail:
(1)
Blocks shall not exceed 1,600 feet in length, nor
be less than 500 feet in length.
(2)
Residential blocks shall generally be of sufficient
depth to accommodate two tiers of lots, except where reverse frontage
lots bordering an arterial or collector street are used, or where
due to the contour of the land, or the necessary layout of the subdivision,
there is insufficient depth between parallel streets for such two
tier design.
(3)
Crosswalks or interior pedestrian walks may be required
upon Planning Commission recommendation in blocks exceeding 1,000
feet in length to provide for pedestrian circulation or access to
community facilities. Such walks, when provided, shall be paved for
a width of not less than four feet, shall be located in easements
not less than 10 feet in width, and shall, insofar as possible, be
located in the center of any such block.
(4)
For residential blocks, where said blocks are bounded by two parallel streets, and those streets are separated only by one or two tiers of lots, each tier fronting on one of the said parallel streets, then streets connecting those two parallel; streets shall not be subject to the block length requirements of § 208-43B(1) of this chapter.
(5)
Blocks for commercial and industrial areas may vary
from the elements of design contained in this section if the nature
of the use requires other treatment. In such cases, off-street parking
for employees and customers shall be provided along with safe and
convenient limited access to the street system. Space for off-street
loading shall also be provided with limited access to the street system.
Extension of streets, railroad access right-of-way, and utilities
shall be provided as necessary.
C.
The following minimum standards for the design and
size of lots shall prevail:
(1)
Lot lines intersecting street lines shall be substantially
at right angles or radial to street lines.
(2)
Lots shall front on a street which has already been
dedicated to the Township or which the subdivider or developer proposes
to dedicate to the Township in connection with approval of the final
plan.
[Amended 11-10-2009 by Ord. No. 2009-3]
(3)
No subdivision will be approved on an unimproved private
street if lots front on that street or after subdivision will front
on that street unless the street is improved to Township specifications
and dedicated as a public street.
[Amended 11-10-2009 by Ord. No. 2009-3]
(4)
The Board of Supervisors shall assign house numbers
to each lot within a subdivision.
(5)
The minimum lot size, lot width, lot depth and front, side, and rear yards of all proposed lots shall meet the requirements set forth in Chapter 255, Zoning.
(a)
The Zoning Hearing Board may, upon the recommendation of the Planning Commission, modify the lot width, lot depth, and yard requirements in order to accommodate the use of solar heating devices. The Commission's recommendations shall be based on their findings of fact and shall not be made without due consultation with the Township Engineer. Approval of a subdivision or land development based on the aforementioned modifications shall constitute an automatic variance of Chapter 255, Zoning, requirements without further action required of the subdivider or developer.
(b)
Percolation and soils analysis tests conducted in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection shall be required for each lot, except lots which will be served by a public or community sanitary sewer system. From the results of these tests, the lot size shall be established large enough to provide for the specified minimum area required for the absorption field as prescribed by the requirements of the Department of Environmental Protection. However, in no case shall the lot size be less than required by Chapter 255, Zoning.
(c)
Lot depths shall not be less than one nor more than three times
greater than times the average lot width.
[Added 12-9-2014 by Ord. No. 2014-6]
(6)
Remnants of land, smaller than required for a lot,
shall not be permitted within any subdivision. Such remnants shall
be incorporated in existing or proposed lots, or dedicated to public
use if acceptable to the Board of Supervisors.
(7)
Reverse frontage lots.
(a)
Double frontage (through) lots shall be discouraged,
except where provided as reverse frontage lots. Reverse frontage lots
shall be required in the following instances:
(b)
All reverse frontage lots shall include an identification of the frontage for use as a road access. All residential reverse frontage lots shall have a rear yard in accordance with the requirements of Chapter 255, Zoning, and shall, within each rear yard and immediately adjacent to the street right-of-way, have a planted landscape buffer strip, across which there shall be no vehicular access.
No grading or earthmoving activity shall take
place on any lot or site within any proposed subdivision or land development
until a preliminary subdivision or land development plan has been
approved by the Board of Supervisors. Grading shall be allowed only
in accordance with the following design standards:
A.
Blocks, lots, and land development sites shall be
graded to provide proper drainage away from buildings and to prevent
the collection of stormwater in pools. Minimum two-percent slopes
away from structures shall be required.
B.
Lot and site grading shall be of such design as to
carry surface waters to the nearest practical street, storm drain,
retention pond, detention pond, or natural watercourse. Where drainage
swales are used to deliver surface waters away from buildings, their
grade shall not be less than 2% nor more than 5%. The swales shall
be sodded, planted or lined with material acceptable to the Township
Engineer. A stormwater drainage plan shall be required for all subdivisions
and land developments.
[Amended 12-9-2014 by Ord. No. 2014-6]
C.
The subdivider or developer shall construct and install such drainage
structures and facilities as are necessary to prevent erosion damage
to the subdivision or land development, adjacent property and downstream
property. Such structures and facilities shall satisfactorily convey
such surface waters to the nearest practical street, storm drain,
retention pond, detention pond, or natural watercourse. The Township
Engineer may require conveyance facilities that prohibit infiltration
where cross-slopes occur.
[Amended 12-9-2014 by Ord. No. 2014-6]
D.
No final grading shall be permitted with a cut face steeper in slope
than three horizontal to one vertical.
[Amended 12-9-2014 by Ord. No. 2014-6; 3-8-2016 by Ord. No. 2016-1]
E.
No final grading shall be permitted which creates a fill slope or
any exposed surface steeper in slope than three horizontal to one
vertical except where a concrete or stone masonry wall is constructed
according to sound engineering standards to support the face of the
fill. Plans for said construction shall be submitted to the Township
and approved by the Township Engineer.
[Amended 12-9-2014 by Ord. No. 2014-6]
F.
The top or bottom edge of slopes shall be a minimum of 10 feet plus
one foot per each vertical foot over five feet from property or right-of-way
lines of street or alleys in order to permit the normal rounding of
the edge without encroaching on the abutting property. Where walls
or slopes are steeper than four horizontal to one vertical and five
feet or more in height shall be protected by a protective fence no
less than three feet in height in the case of a residential use or
four feet in height in the case of a commercial or industrial use.
[Amended 11-10-2009 by Ord. No. 2009-3; 12-9-2014 by Ord. No.
2014-6]
G.
Topsoil shall be preserved and redistributed as ground
cover, consistent with the erosion and sedimentation requirements
of the York County Conservation District.
Proposed street patterns shall be integrated
with existing and officially planned streets and highways and shall
be related to topography to produce usable lots and acceptable street
grades. Proposed street systems shall be designed to meet the following
standards:
A.
Access shall be given to all lots and portions of
the tract in the subdivision or land development and to adjacent unsubdivided
territory unless the topography clearly indicates that such connection
is not feasible. Streets giving such access shall be improved to the
limits of the subdivision or land development and shall be improved
to Township specifications. Reserved strips and land-locked areas
shall not be created.
B.
Streets shall be laid out to preserve the integrity
of their design. Local access streets shall be laid out to discourage
their use by through traffic and, where possible, arterial streets
shall be designed for use by through traffic only.
C.
Where the proposed subdivision or land development
contains or is adjacent to an existing or proposed arterial street
or a highway designated as a limited access highway by the appropriate
highway authorities, provisions shall be made for marginal access
streets at a distance acceptable for the appropriate use of the land
between the arterial street or limited access highway and the marginal
access streets. The Board of Supervisors may also require rear service
areas, double frontage lots, or such other treatment as will provide
protection for abutting properties, reduction in the number of intersections
with primary streets, and separation of local and through traffic.
D.
Half or partial streets will not be permitted in new
subdivisions or land developments, except where essential to reasonable
subdivision or development of a tract in conformance with the other
requirements and standards of this chapter, and where, in addition,
satisfactory assurance for dedication of the remaining part of the
street can be secured.
E.
Wherever a tract to be subdivided or developed borders
an existing half or partial street, the entire street shall be shown
on the plan.
F.
Dead-end streets shall be prohibited, except as stubs
(with adequate turning capability) to permit future street extension
into adjoining tracts, or when designed as culs-de-sac.
G.
New reserve strips, including those controlling access
to streets, shall be forbidden.
H.
Where adjoining areas are not subdivided, the arrangement
of streets in a proposed subdivision or land development shall make
provision for the proper projection of streets into the unsubdivided
land. The owner of the unsubdivided land shall be given written notice,
by the applicant, of the pending subdivision or land development at
least two weeks prior to the Planning Commission meeting at which
the plan will first be considered. Such notice shall set forth the
effect of the projection of the proposed streets across boundaries
on any future development in the unsubdivided land and stating the
date and time of the Planning Commission meeting at which the owner
may appear and present objections thereto. Proof of said notice shall
be presented at such Planning Commission meeting. If objections are
presented, the final determination of street location in the proposed
subdivision or land development shall be within the discretion of
the Board of Supervisors.
I.
Street names shall be coordinated with existing or
platted street names, and if a new street is a continuation of or
is aligned with an existing or platted street, it shall bear the same
name as the existing or platted street.
J.
No street shall be laid out or opened which extends
to or crosses any boundary between the Township and any other municipality
except with the specific approval of and upon such conditions as the
Board of Supervisors may impose. If the street is proposed to serve
a commercial area, an industrial area or a residential area of 50
dwelling units or more, located in another municipality, the street
shall not be approved unless the area is also served by a street in
the other municipality and unless the relevant traffic facilities
of the East Manchester Township are adequate to handle the anticipated
volume.
A.
Streets shall be designed according to their function
and laid out to preserve the integrity of their design in accordance
with the following functional classification:
(1)
Arterial. This classification includes highways which
provide intra-county or inter-municipal traffic of substantial volumes
where the average trip lengths are usually five miles or greater.
These highways should be designed to accommodate operating speeds
of 35 to 55 miles per hour.
(2)
Collector. This classification is intended to include
those roadways which connect local access streets to arterial highways.
They may serve as intra-county and intra-Township traffic. They may
serve as traffic corridors connecting residential areas with industrial,
shopping and other services. They may penetrate residential areas.
These roadways should be designed to accommodate operating speeds
of 35 miles per hour.
(3)
Local access. This classification is intended to include
streets that provide direct access to abutting land and connections
to higher classes of roadways. Traffic volumes will be low and travel
distances generally short. These streets should be designed for operating
speeds of 25 miles per hour or under.
(4)
Alley and service drive. This classification is intended
to include minor streets which provide secondary access to the back
or side of properties abutting a street. It is also intended to include
marginal access drives which are parallel to arterial highways and
collector roadways providing service access to property fronting on
such highways and roadways. These streets should be designed for operating
speeds of 15 miles per hour or under.
B.
Design of streets shall be as set forth in the East
Manchester Township Construction and Material Specifications Manual,
as adopted and amended by the Board of Supervisors from time to time.[1]
(1)
Where a subdivision abuts or contains an existing
street of inadequate width, sufficient additional width shall be required
to meet the above standards.
(2)
Additional right-of-way and cartway widths may be
required by the Board of Supervisors to promote public safety and
convenience when special conditions require it and to provide parking
space in areas of intensive use.
(3)
Where reasonable and practicable, new streets shall
be laid out to continue existing streets at no reduction in width.
Greater widths may be required.
(4)
The following streets in East Manchester Township
are classified as arterial or collector streets, in accordance with
the East Manchester Township Comprehensive Plan. This list of streets
may be amended from time to time by action of the East Manchester
Township Board of Supervisors.
C.
Culs-de-sac shall not be utilized unless specially
approved by the Board of Supervisors after review and recommendation
of the Planning Commission.
(1)
To receive approval for a cul-de-sac, an applicant
must demonstrate that there is no other manner in which to design
a street system because of topography or land parcel shape or size.
If permitted, a street ending in a cul-de-sac shall not exceed 800
feet in length. Further extension shall not be granted unless first
reviewed by the Planning Commission, and then only on a case by case
basis.
(2)
Cul-de-sac streets shall be provided at the closed
end with a turnaround having a minimum radius to the edge of the finished
street or curbline of not less than 50 feet.
(3)
Unless future extension is clearly impractical or
undesirable, the turnaround right-of-way shall be placed adjacent
to a property line and a right-of-way of the same width as the street
shall be carried to the property line in such a way as to permit future
extension of the street into the adjoining tract. At such time as
such a street is extended, the overage created by the turnaround outside
the boundaries of the extended street shall revert in ownership to
the property owners fronting on the cul-de-sac turnaround.
(4)
Commercial and industrial culs-de-sac shall be reviewed
for adequacy by the Township Engineer.
D.
Street alignments shall be designed according to the
following standards:
(1)
Changes in street direction shall be made by horizontal
curves with a minimum radius of 500 feet for major and arterial streets;
300 feet for collector streets; and 200 feet for local streets. These
radii are to be measured at the center line. Shorter radii may be
permitted on recommendation of the Township Engineer.
(2)
On local access streets, the minimum tangent between
reverse curves shall be at least 100 feet; on collector and arterial
streets the minimum tangent shall be at least 250 feet.
(3)
Clear sight distance, measured four feet above grade,
along the center lines of local streets shall be maintained at not
less than 150 feet; along collector streets at not less than 250 feet;
and along major and arterial streets at not less than 450 feet.
E.
Street grades shall conform to the following standards:
(1)
There shall be a minimum center-line grade of 1% on all streets.
Grades shall not exceed 6% on all major and arterial streets and 10%
on local and collector streets.
[Amended 11-10-2009 by Ord. No. 2009-3; 3-8-2016 by Ord. No. 2016-1]
(2)
Changes in grade shall be joined by vertical curves;
and the maximum rate of change of grade shall be 5% per 100 feet of
road, provided that the clear sight distances specified above are
maintained at all points.
(3)
The slope of the crown on all streets shall be more
than 1/8 inch per foot and less than 1/3 inch per foot as directed
by the Township Engineer.
(4)
Streets cuts and fills shall be provided with side
slopes no steeper than one vertical to three horizontal. Such slopes
shall be suitably planted with perennial grasses or other vegetation
to prevent gullying and erosion.
F.
Vertical curves shall not create slopes less than 1%. Sag curves
shall install underdrains per the Construction and Materials Specifications.
[Added 12-9-2014 by Ord. No. 2014-6[2]]
G.
Street intersections shall be designed according to
the following standards:
(1)
No more than two streets shall cross at the same point.
Street intersections shall be at right angles wherever possible, and
intersections of less than 60° (measured at the center lines of
the streets) will not be permitted.
(2)
Intersecting streets shall not enter into the same
side of collector or arterial streets at intervals of less than 800
feet. Local streets entering another street from opposite sides should
be directly opposite each other; or if necessary, they may be separated
by at least 150 feet between center lines measured along the center
line of the cross street. Greater oft-set may be required by the Planning
Commission depending on the importance of the cross street.
(3)
Maximum grade within any intersection shall not exceed
5% in any direction, and approaches to any intersection shall follow
a straight course within 100 feet of the intersection. Grades within
50 feet of an intersection shall not exceed 5%.
(4)
Curb radii at intersections shall be according to the following schedule
of minimum lengths: 15 feet for intersections of alleys and all streets;
35 feet for local streets; and 50 feet for arterial and collector
streets. Where streets of different categories intersect, requirements
for the one with larger radii shall control. The minimum radius of
intersecting rights-of-way lines shall be 40 feet. The plans shall
be accompanied by turn templates to demonstrate adequate curve radii
for safe ingress and egress.
[Amended 12-9-2014 by Ord. No. 2014-6]
(5)
In Commercial (C) and Industrial (I) Districts, a
one-hundred-fifty-foot clear sight triangle, and in all other Districts
a seventy-five-foot clear sight triangle shall be provided, in which
no building or structure, wall, fence, hedge, tree, shrub or other
growth shall be placed except for utility poles, light standards,
street signs and fire hydrants.
H.
The following standards shall apply to the design
and location of alleys and service drives:
I.
J.
Private streets, private access drives or private
driveways serving more than one property or dwelling unit shall be
prohibited.
[Amended 11-10-2009 by Ord. No. 2009-3]
A.
Curbs.
(1)
Curbs shall be required on all streets and parking
compounds located within multifamily and apartment developments, shopping
centers and other commercial developments, professional office complexes,
and industrial developments. Curbs shall also be required on all new
and existing streets in residential subdivisions. Curbs shall be required
along all existing streets and roadways abutting any proposed commercial,
professional office or industrial lot, or development site regardless
of the lot or site area.
B.
Sidewalks.
(1)
Sidewalks shall be required along all public streets
and roadways in all residential, commercial and professional office
subdivisions and land developments, which shall be required, at the
owner's expense, within six months after receipt of written notification
from the Township. If sidewalks are required on the subdivision or
land development plan, they shall be constructed and approved prior
to the issuance of an occupancy permit for occupancy of the structure,
unless a waiver or extension is granted by the Township.
(2)
Sidewalks shall be designed according to the following
standards:
(a)
Sidewalks shall be located within the street
right-of-way and shall extend in width from the right-of-way line
toward the curbline.
(b)
Sidewalks shall be at least five feet wide in
residential areas.
[Amended 12-9-2014 by Ord. No. 2014-6]
(c)
Sidewalks shall be at least five feet wide in
commercial, professional office, school, recreation and similar areas.
(d)
Sidewalks located along any streets within the Township shall
be separated from the curb by a grass strip. Such grass strip shall
have a minimum width of four feet.
[Amended 12-9-2014 by Ord. No. 2014-6]
C.
Escrow in lieu of construction. In the case of a subdivision
consisting of less than three residential lots which abut an existing
street or roadway, the subdivider or developer may, in lieu of providing
curbs and sidewalks, place in escrow with the Township an amount of
money to cover future construction of curbs and sidewalks by the Township.
(1)
The form of escrow deposit shall be determined by
the Township Solicitor.
[Amended 11-10-2009 by Ord. No. 2009-3]
(2)
The
amount of escrow deposit shall be determined by the Township Engineer.
(3)
The
Township may deposit the proceeds from such escrow account with banking
institutions and derive interest therefrom. However, the moneys derived
from such escrow accounts and any interest accrued therefrom shall
be used for no other purpose than to provide curbs and sidewalks along
such properties from which the moneys in escrow have been obtained.
A.
The placement, relocation, repavement, or other substantial
involvement to any driveway shall require a permit to be issued by
the Township, on such forms as are prescribed by the Township, and
shall require the payment at the time of application for the permit
of a fee in such amounts as shall be set by the Board of Supervisors.
B.
General rule. All driveways shall be located, designed,
constructed and maintained in such a manner as not to interfere or
be inconsistent with the design, maintenance and drainage of the highway.
C.
Location.
(1)
General location restrictions.
(a)
Access driveways will be permitted at locations
in which:
[1]
Sight distance is adequate to safely allow each
permitted movement to be made into or out of the access driveway;
[2]
Free movement of normal highway traffic is not
impaired;
[3]
The driveway will not create a hazard and,
[4]
The driveway will not create an area of undue
traffic congestion on the highway.
(2)
Specific location requirements.
(a)
Access driveways shall not be located at intersections,
interchanges, ramp areas or locations that would interfere with the
placement and proper functioning of highway signs, signals, detectors,
lighting or other devices that affect traffic control.
(b)
Access to a property which abuts two or more
intersecting streets or highways may be restricted to only that roadway
which can more safely accommodate its traffic, but preference shall
be given to locating driveways on the street having the lower classification.
(c)
The Township may require the permittee to locate
an access driveway directly across from a highway, local road or access
driveway on the opposite side of the roadway if it is judged that
offset driveways will not permit left turns to be made safely or that
access across the roadway from one access to the other will create
a safety hazard.
(d)
Driveways shall not enter on or exit from arterial
or collector streets.
[Amended 11-10-2009 by Ord. No. 2009-3]
D.
Local roads. An access intended to serve more than
one property or to act as a connecting link between two or more roadways
is, for the purpose of this chapter, considered a local road and must
be dedicated as a public street. As such, its design must be in accordance
with this chapter and any construction and material specifications
which are or shall be adopted by the Board of Supervisors.[1]
E.
Number of driveways. The number and location of entrances
which may be granted will be based on usage, interior and exterior
traffic patterns and current design policy of East Manchester Township.
(1)
Only one driveway will be permitted for a residential property and
not more than two driveways will be permitted for a nonresidential
property.
[Amended 12-9-2014 by Ord. No. 2014-6]
(2)
If
the property frontage exceeds 600 feet, the permit may authorize an
additional driveway.
(3)
Regardless
of frontage, a development may be restricted to a single entrance/exit
driveway, served by an internal collector road separated from the
traveled way.
F.
Approaches to driveways. Driveway approaches shall
conform to the following standards:
(1)
The location and angle of an access driveway approach
in relation to the highway intersections shall be such that a vehicle
entering or leaving the driveway may do so in an orderly and safe
manner and with a minimum interference to highway traffic.
(2)
Where
the access driveway approach and highway pavement meet, flaring of
the approach may be necessary to allow safe, easy turning of vehicular
traffic.
(3)
Where
the highway is curbed, driveway approaches shall be installed 1 1/2
inches above the adjacent highway or gutter grade to maintain proper
drainage.
G.
Driveway design requirements.
(1)
General. The design features described in this section
are to be used by the applicant in designing the driveway plans which
accompany the application, in conjunction with such construction and
material specifications as are or shall be adopted by the Board of
Supervisors.[2]
(2)
Angle of access driveway approach.
(a)
Access driveway approaches used to two-way operation
shall be positioned at right angles, that is, 90°, to the highway
or as near thereto as site conditions permit.
(b)
When two access driveways are constructed on
the same property frontage and used for one-way operation, each of
these driveways may be placed at an angle less than a right angle,
but not less than 45° to the highway.
(3)
Driveway size and setbacks.
(a)
Residential driveways.
[1]
Unless otherwise required for specific types of uses or special circumstances by Chapter 255, Zoning, or other Township ordinances or regulations, the minimum width of any residential driveway shall be 10 feet zero inches, except where a driveway services two abutting lots. In such cases, the minimum width of the driveway shall be 20 feet zero inches, except where Chapter 255, Zoning, may require a greater width for specific types of uses or special circumstances.
[2]
The minimum distance between a residential driveway
and a side or rear lot line shall be two feet zero inches, except
where a driveway serves two abutting lots.
[3]
In no event shall a driveway serving a single-family
residence be wider than 25 feet zero inches within the right-of-way
of any Township, county, or state road or street.
[Amended 11-10-2009 by Ord. No. 2009-3]
(b)
Nonresidential driveways. Nonresidential driveways
shall be designed by the developer, and such design shall be shown
on the plan, which design shall be approved by the Township.
(4)
Driveways adjacent to intersections. Driveways serving
properties located adjacent to a street or road intersection shall
have a minimum distance between the center line of the driveway and
the street right-of-way of the adjacent intersecting street of at
least 40 feet zero inches.
(5)
Property line clearance. Except for joint-use driveways,
no portion of any access shall be located outside the property boundary
line.
(6)
Multiple driveways. Multiple driveways serving the
same property must be separated by a minimum distance of 15 feet measured
along the right-of-way line and 20 feet measured along the shoulder,
ditch line or curb.
(7)
Curbing.
(a)
The permit may require the installation of curbing
wherever it is required to control access or drainage, or both. All
curb must be permanent concrete curbing, subject to construction or
material specifications as are or shall be adopted by the Board of
Supervisors.[3]
(b)
Where the property abutting the right-of-way
line could be used as a parking area, the permit may require curbing,
permanent guardrail or fencing to be constructed along the right-of-way
line in order to prohibit vehicle encroachment upon the sidewalk or
shoulder area.
(c)
When curb exits adjacent to the proposed driveway,
the line and grade of the existing curb shall be matched, unless otherwise
authorized by the permit.
(8)
Sight distance.
(a)
Access driveways shall be located at a point
within the property frontage limits which provides at least the minimum
sight distance set forth in such construction and material specifications
as are or shall be adopted by the Board of Supervisors.
(b)
If sight distance requirements as specified
in this section cannot be met, the Township may:
[1]
Prohibit left turns by exiting vehicles;
[2]
Restrict turning movements to right turns in
and out of a driveway;
[3]
Require installation of a right turn acceleration
lane or deceleration lane;
[4]
Require installation of a separate left turn
standby lane;
[5]
Alter the horizontal or vertical geometry of
the roadway;
[6]
Or deny access to the highway.
(9)
Grade of access driveway.
(a)
All driveways shall be constructed so as not
to impair drainage within the right-of-way, alter the stability of
the improved area or change the drainage of adjacent areas.
(b)
Where a drainage ditch or swale exists, the
permittee shall install adequate pipe under the driveway. Drainage
pipe installed under driveways shall be at least 15 inches in diameter
if compatible with field conditions and as approved by East Manchester
Township and the Township Engineer.
(c)
The side slopes for the driveway embankments
within the right-of-way shall be steeper than 10:1.
Where a proposed school, park, playground, easement
or other publicly owned or operated facility is shown in the East
Manchester Township Comprehensive Plan, or where deemed necessary
by the Planning Commission, the Board of Supervisors may require the
reservation of such area within the subdivision or land development.
The size and location for any reservation of land shall be suitable
for the designated purpose as determined by the Planning Commission
after consultation with the Township Engineer and/or Planning Consultant.
A.
Easements.
(1)
Where common utility lines are located in or over
undedicated land, a public easement granted in favor of East Manchester
Township shall be required. A minimum of six feet zero inches on each
side of the utility line shall be required.
(2)
If a natural watercourse or drainageway abuts or runs
through the proposed subdivision or land development, the subdivider
or developer shall set aside as open space a strip of land on each
side of such watercourse, 25 feet in width (measured from the nearest
edge or bank) and running the entire length of that portion of the
watercourse which abuts or runs through the subdivision or land development.
Such open space shall be in addition to any other open space required
by this chapter.
B.
Recreation areas and fees.
(1)
The subdivider or developer of a subdivision or land
development shall pay a fee for use by the Board of Supervisors for
Township recreational purposes or, at the option of the Board of Supervisors,
provide a suitable and adequate recreation area, to serve the needs
of the future occupants of the subdivision or land development. For
purposes of this section the term "recreation area" shall mean a contiguous
tract of land reserved exclusively for active or passive recreation.
(a)
The fee authorized by this Subsection B shall be 1,600 for each proposed dwelling unit or residential lot (whichever is greater), which is 2% of the present average selling price for a residential lot in the Township as determined by the Board of Supervisors. For any proposed commercial or industrial use, the fee shall be fixed at the lesser of (i) $1,600 per acre of the proposed subdivision or land development, or (ii) $1,600 per 2,000 square feet of any structure constructed on the applicable lot. For any other proposed nonresidential use, the fee shall be fixed at $1,600 per acre of the proposed subdivision or land development. No fees shall be applied to the residual tract in a subdivision or to any tracts in a subdivision or land development which are dedicated or intended by the plan to be used primarily for agricultural purposes as defined in this chapter.
[Amended 12-9-2014 by Ord. No. 2014-6]
|
East Manchester Township Recreation Fees for Commercial and
Industrial Subdivision/Land Development
| ||
|---|---|---|
|
The Recreation fee to be paid shall be the lesser of the following
two options: (applicant shall provide documentation to Township for
recreation fee determination)
| ||
|
Amount
|
Unit of Measure
(acres/square feet)
| |
|
$1,600
|
Per acre (gross lot area)
| |
|
$1,600
|
Per 2,000 square feet (gross building area)
| |
(b)
In the event that the Board of Supervisors deem
it appropriate or desirable, they can, in lieu of the fees set forth
above, require the subdivider or developer to provide a suitable and
adequate recreation area within the proposed subdivision or land development.
If the Board of Supervisors choose that option, then the developers
shall have the right to designate those lands which shall be set aside,
subject to the following conditions:
[1]
The land set aside shall be suitable to serve
the purpose of active or passive recreation by reason of its size,
shape, location and topography, and shall be subject to the approval
of the Planning Commission and the Board of Supervisors.
[2]
Single family. In the case of a single-family
subdivision, a minimum of 500 square feet per dwelling unit shall
be set aside, excepting in the case of a lot containing an existing
dwelling.
[3]
Multifamily. In multifamily developments, a minimum contiguous area
of 20% of the total area excluding streets on the land being developed.
[4]
In the case of single-family subdivisions of
less than three lots, the Board of Supervisors shall only require
payment of the fee, and shall not require the setting aside of land
pursuant to this subsection.
[5]
In the case of a nonresidential subdivision,
a contiguous area of up to 7.5% of the total area excluding streets
on the land being developed.
(c)
The applicant shall satisfy the Board of Supervisors
that there are adequate provisions to assure retention and all future
maintenance of such recreation areas.
(d)
In the event the applicant does not wish to
retain the required recreational area, such area may be dedicated
to the Township for public use. However, the selection and designation
of the area to be designated shall be controlled by all the terms
and conditions set forth in this section.
(e)
The Board of Supervisors may find dedication
to be impractical. In that event, then the developers shall either
be required to maintain the recreational areas, or to pay the fee
set forth in this section, at the option of the Board of Supervisors.
Any one or more of the following reasons may cause the Board of Supervisors
to find dedication to be impractical:
[1]
Because of the size, shape, access, topography,
drainage or other physical features of the land, such dedication would
adversely affect the subdivision or land development and its future
residents or occupants.
[2]
There is no open space within the proposed subdivision
which is practical for dedication because of its size, access, topography
or other physical characteristics.
[3]
Other related reasons.
(f)
All fees and fines collected hereunder shall
be administered by the Township pursuant to Article XXII of the Second
Class Township Code[1] and related provisions, and shall be used by the Board
of Supervisors for the acquisition and equipping of lands and buildings,
the erection of buildings and equipment on lands, and the operation
and maintenance of lands, buildings and equipment for recreational
purposes, or for contribution to the operation or maintenance of recreational
facilities within the Township which are maintained by organizations
other than the Township, upon approval by the Board of Supervisors.
The fees obtained hereunder may be kept in a separate capital reserve
fund as provided by law for the purpose of recreation, and may be
combined for other investment purposes, but shall be used only for
recreation-related purposes as set forth herein.
[Amended 11-10-2009 by Ord. No. 2009-3]
[1]
Editor's Note: See 53 P.S. § 66901 et seq.
C.
Topsoil preservation. No topsoil shall be removed
from the site or used as spoil without proper approval from the Board
of Supervisors. Topsoil must be removed from the areas of construction
and stored separately. Upon completion of the construction, the topsoil
must be redistributed on the site uniformly. All areas of the site
shall be stabilized by seeding or planting on slopes of less than
10% and shall be stabilized by sodding on slopes 10% or more and planted
in ground cover on slopes 20% or greater.
D.
Tree preservation. All trees eight inches or more
in caliper at a height of 4 1/2 feet above ground shall not be
removed without proper approval from the Board of Supervisors unless
within the proposed right-of-way line of a street, within proposed
building lines, within utility locations, or mandatory for access
of equipment.
[Amended 11-10-2009 by Ord. No. 2009-3]
E.
Shade trees. All subdivisions and land developments
shall be provided with shade trees, at the expense of the subdivider
or developer, on each lot or site in accordance with the following
requirements:
(1)
There shall be planted at least one tree in the front of each lot
in the required front yard at least eight feet from the sidewalk,
but no closer than 20 feet from either side lot line. On lots with
more than 200 feet of frontage, there shall be planted, at least,
one tree per 50 feet of frontage, at least, eight feet from the sidewalk,
but no closer than 20 feet from either side lot line. On corner lots,
no tree shall be planted within the street clear sight triangle.
[Amended 12-9-2014 by Ord. No. 2014-6]
(2)
The
sizes and species of said shade trees shall be determined by the Planning
Commission from the stock of shade trees available during the time
of the year when the trees are to be planted but shall be not less
than 1 1/2 inches in caliper at a height of 4 1/2 feet above
ground.
[Amended 11-10-2009 by Ord. No. 2009-3]
(3)
No
tree, required or otherwise, shall be planted in such a position that
it will interfere with any air space required for solar heating devices
on any adjacent lot either at the time of planting or when said tree
is fully matured.
F.
Landscaping. For all multifamily, professional office,
commercial, and industrial subdivisions or land developments, the
design shall include sufficient plantings of a type recommended and
approved by the Planning Commission, including open space, planting
strips, screening, gardens, shade trees, natural barriers, or other
types of acceptable growth.
[Amended 11-10-2009 by Ord. No. 2009-3]
All subdivisions in the Township, or any person engaged in the subdivision, alteration or development of any land, as defined herein, located in any designated floodplain area shall be subject to the provisions of Chapter 108, Floodplain Management, of the Code of the Township of East Manchester, as amended from time to time.
The Board of Supervisors find that the minimization
of erosion and control of sedimentation in connection with land development
and subdivision are in the public interest, affecting public health,
safety and welfare, and therefore regulations governing erosion control
and sedimentation control are necessary for the Township.
A.
General provisions.
(1)
No subdivision having three or more lots or land development
plan shall be approved unless there has been an erosion and sedimentation
control plan approved by the Board of Supervisors that provides for
minimizing erosion and sedimentation consistent with this section,
and an improvement bond or other acceptable securities are 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 Board of Supervisors that a plan for
minimizing erosion and sedimentation is not necessary.
(2)
No changes shall be made in the contour of the land,
no grading, excavating, removal or destruction of the topsoil, trees
or other vegetative cover of the land shall be commenced until such
time that a plan for minimizing erosion and sedimentation has been
approved by the Board of Supervisors after review by the Township
Engineer or there has been a determination by the Township Engineer
that such plans are not necessary.
(3)
All subdivision and land developments which involve
grading or excavation shall conform to the requirements of Chapter
102 of the Rules and Regulations of the Pennsylvania Department of
Environmental Protection, as amended. It shall be the responsibility
of the subdivider or land developer to obtain approval from the Department
of Environmental Protection. Approval of plans by the Board of Supervisors
shall not be construed as approval under such regulations.
(4)
The erosion and sedimentation control plan shall be
prepared by a person trained and experienced in erosion and sedimentation
control methods and techniques.
B.
Design requirements.
(1)
The design standards and specifications for said plan
are contained in the Erosion and Sedimentation Control Handbook which
has been prepared by the York County Conservation District and is
on file in that office and with the Township. Said plan shall include,
but shall not be limited to, the following information:
(a)
The erosion and sedimentation control plan shall
be designed to prevent accelerated erosion and sedimentation by incorporating
the following control measures and control facilities:
[1]
The topographic features of the project area.
[2]
The types, depth, slope and areal extent of
the soils indicated on the plat, plan or similar appropriate official
map.
[3]
The proposed alteration to the area:
[a]
Stripping of vegetation, regrading,
or other development shall be done in such a way that will minimize
erosion.
[b]
Whenever feasible, natural vegetation
shall be retained, protected, and supplemented.
[c]
Disturbed soils shall be stabilized
as quickly as practicable.
[d]
Development plans shall preserve
salient natural features, keep cut-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.
[4]
The amount of runoff from the project area and
the upstream watershed area:
[a]
Provisions shall be made to effectively
accommodate the increased runoff caused by changed soil and surface
conditions during and after development. Where necessary the rate
of surface water runoff will be structurally retarded to prevent sedimentation
from being discharged into the waters of the commonwealth.
[b]
All surface water shall be diverted
away from the project area where feasible.
[5]
The staging of earthmoving activities; the disturbed
area and the duration of exposure shall be kept to a practical minimum.
[6]
Temporary control measures and facilities for
use during earthmoving:
[7]
Permanent control measures and facilities for
long-term protection. The permanent final vegetation and structural
erosion control and drainage measures shall be installed as soon as
practical in the development.
[8]
A maintenance program shall be developed for
the control facilities including disposal of materials removed from
the control facilities or project area.
C.
Grading for erosion and other environmental controls.
In order to provide suitable sites for building and other uses, improve
surface drainage, and control erosion, the following requirements
shall be met:
(1)
The location, grading and placement of subgrade (base)
material of all roads, streets and parking areas shall be accomplished
as the first work done on a subdivision or development. The wearing
surface may be placed at the discretion of the subdivider or developer
as approved in the final plan.
(2)
Provisions
shall be made to prevent surface water from damaging the cut face
of excavations or the sloping surfaces of fills, by installation of
temporary or permanent drainage across or above these areas.
(3)
Fill
shall be placed and compacted so as to minimize sliding or erosion
of the soil.
(4)
Fills
placed adjacent to watercourses shall have suitable protection against
erosion during periods of flooding.
(5)
During
grading operations, necessary measures for dust control will be exercised.
(6)
Grading
equipment will not be allowed to cross streams. Provisions will be
made for the installation of temporary or permanent culverts or bridges.
D.
Responsibility.
(1)
Whenever sedimentation is caused by stripping vegetation,
grading or other development, it shall be the collective responsibility
of the land developer and subdivider, and of the contractor, person,
corporation and other entity causing such sedimentation, to remove
it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
(2)
Maintenance of all erosion and sedimentation control
facilities during the construction and development period is the responsibility
of the land developer or subdivider.
(3)
It is the responsibility of any developer or subdivider,
and any person, corporation, or other entity doing any act on or across
a communal stream, watercourse or swale or upon the floodplain or
right-of-way, to maintain as nearly as possible in its present state
the stream, watercourse, swale, floodplain or right-of-way during
the activity and to return it to its original or equal condition after
such activity is completed.
(4)
The subdivider or land developer shall provide and
install, at his expense, in accordance with Township requirements,
all drainage and erosion control improvements (temporary and permanent)
shown on the erosion and sediment control plan.
[Amended 11-10-2009 by Ord. No. 2009-3]
All subdivisions in the Township, or any person engaged in the subdivision, alteration or development of any land, as defined herein, shall be subject to the provisions of Chapter 199, Stormwater Management, of the Code of the Township of East Manchester, as amended from time to time.
