A. 
Evaluating plans. The design standards and improvements required in this article shall be the minimum requirements applied by the Planning Commission and the Board of Commissioners in evaluating plans for any proposed subdivision or land development.
B. 
Additional improvements. Additional or higher type improvements may be required in specific cases where, in the determination of the Board of Commissioners, they are clearly necessary to protect the public health and safety.
C. 
Modifications and exceptions. See § 230-7 of this chapter.
The remainder of this article sets forth the design and construction standards for required improvements. These minimum standards shall apply to any improvement, regardless of whether required by this chapter or not.
A. 
Land shall be suited to the purpose for which it is to be subdivided or developed.
B. 
Hazardous conditions. Land subject to hazardous conditions (such as open quarries, unconsolidated fill, sinkholes, other ground subsidence, floods, excessive erosion or unsafe water supply) shall not be subdivided until the hazards have been eliminated or overcome by adequate safeguards provided by the developer and approved by the Board of Commissioners. See, inter alia, sinkhole and subsidence hazards, and the floodplain requirements of Chapter 275, Zoning, of the Code of the Township of Bethlehem.
[Amended 1-15-2001 by Ord. No. 1-01]
C. 
Comprehensive Plan. The subdivision or land development shall generally be designed in consideration of any applicable provisions of the Township Comprehensive Plan.
D. 
Zoning. All aspects of a proposed subdivision or land development shall conform to Chapter 275, Zoning, and floodplain regulations[1] and all other Township ordinances and specifications.
[1]
Editor's Note: See Ch. 135, Floodplain Management.
E. 
Nearby development. A subdivision or land development and its street pattern shall be coordinated with existing or approved nearby developments or neighborhoods so that the area as a whole may be developed harmoniously and to prevent serious conflicts between neighboring development.
F. 
Safety. No subdivision or land development shall occur in such a way that would significantly threaten the public health and safety, including hazards of toxic substances, groundwater pollution, traffic hazards and explosive and fire hazards.
[Amended 3-6-1995 by Ord. No. 1-95]
A. 
Access to proposed subdivisions and land developments. All proposed subdivisions and land developments shall have adequate and safe access to the public street system.
B. 
Streets and topography. Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient. See the steep slope regulations in Article XVI of Chapter 275, Zoning.
C. 
Street continuations.
(1) 
Where deemed appropriate by the Board of Commissioners, proposed streets shall be extended to the boundary line of the tract being subdivided so as to eventually provide for normal circulation of traffic within the vicinity.
(2) 
Where a subdivision or land development abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width and widening of the cartways shall be required in conformance with Table 10.1, "Design Standards for Streets."[1]
[1]
Editor's Note: Table 10.1 follows Subsection F(1) of this section.
D. 
Intersections.
(1) 
The center lines of streets shall intersect at right angles unless existing conditions dictate otherwise. In such case the intersection shall be as nearly at right angles as possible, but not less than 75° at intersections.
(2) 
Intersections of more than two streets at one point shall be avoided. Where streets intersect other streets, the intersecting street shall be aligned with any street intersecting on the other side, or be offset by the minimum distance stated in this subsection. This minimum offset and the minimum distance between center lines of parallel or approximately parallel streets intersecting a cross street from opposite directions shall be:
(a) 
150 feet along a local street,
(b) 
400 feet along a collector or connector street, and
(c) 
1,000 feet along an arterial street. (See Figures 10.1 a. and b.)
(d) 
The distances of this subsection shall be measured between the intersections of the center lines of the legal rights-of-ways of the streets.
(3) 
At street intersections, the property line shall be rounded by arcs with the radii listed below. For streets other than local streets, the Township may require a larger radius. (See Chart below and Figures 10.2 a. and b.)
Type of Street
Minimum Radius of Arc at Intersection of Cartway's Edge or Curbline
(feet)
Minimum Radius of Arc at Intersection of Right-of-Way
(feet)
Arterial
40
30
Connector and collector
35
25
Local
25
15
(4) 
Signalized intersection spacing along arterial streets shall adhere to the following requirements:
[Added 6-19-2006 by Ord. No. 04-06]
(a) 
Uncoordinated traffic signals shall be located a minimum of 1,000 feet from adjacent signalized intersections.
(b) 
Optimal signal spacing for coordinated systems shall be determined by the use of the following equations:
For simultaneous coordinated signal systems: S = VC / 0.681
For alternating coordinated signal systems: S = VC / 1.362
S
=
Signal spacing in feet.
C
=
Cycle length in seconds.
V
=
Progression speed in miles per hour.
(c) 
The progression speed shall be determined by the Township Engineer and PennDOT. Warrants for intersection signalization shall be met as found in the Manual on Uniform Traffic Control Devices. If a driveway or access road requires signalization and will be located within an existing coordinated traffic signal system, the traffic signal shall be incorporated into the system.
E. 
Arterial, connector and collector street frontage. Where a subdivision or land development abuts or contains an existing or proposed arterial, connector or collector street, as the Board of Commissioners determines is reasonable, feasible and necessary to avoid increased traffic congestion and further traffic safety, based upon recommendations of the Planning Commission, the Township Engineer, any comments from PennDOT and any professional traffic studies that have been submitted, the Board of Commissioners shall require one or more of the following methods of layout and site design:
[Amended 6-19-2006 by Ord. No. 04-06]
(1) 
The use of a marginal access or "frontage" streets or access only onto side or interior streets, to collect traffic from numerous driveways and direct it to a select few number of entrances to the arterial, connector or collector street; and/or
(2) 
The minimization of the number and length of driveway cuts or street intersections onto an arterial, connector or collector street, which may include requiring the use of shared driveways between adjacent uses or lots; and/or
(3) 
The restriction of ingress and egress involving left-hand turns onto or off of the arterial, connector or collector street; and/or
(4) 
The driveways and access roads of all uses shall be arranged such that adequate turnaround space for vehicles is provided within the lot so that vehicles do not back onto an arterial, connector or collector street.
(5) 
See also § 275-175, Access onto arterial, connector and collector streets, of Chapter 275, Zoning.
(6) 
The installation of a nontraversable median may be required along an arterial street where, in the opinion of the Township Engineer in conjunction with the PennDOT, the median is needed to reinforce the prohibition of left turns to or from a driveway. The placement, type and design of the median barrier shall be in accordance with the most recent edition of PennDOT Publication 13M, Design Manual Part II, and the AASHTO publications "A Policy on Geometric Design of Highways and Streets" and "Roadside Design Guide."
(7) 
Driveways for nonresidential uses shall be spaced the following minimum distances apart: arterial street, 300 feet; connector or collector street, 200 feet. Driveway spacing shall be measured from the end of one driveway radius to the beginning of the next driveway radius. Driveway center lines shall be aligned with existing driveways and roadways on the opposite site of the arterial, connector or collector street absent identifiable safety deficiencies.
F. 
Street design standards.
(1) 
Minimum street design standards shall be as shown in Table 10.1, unless a more restrictive requirement is established by PennDOT.
Table 10.1
Design Standards for Streets
(All Dimensions in Feet Unless Specified)
Design Specifications
Type of Street
Arterial
Connector
Collector
Local and Marginal Access
Right-of-way width
80f
70f
60f
50
Cartways width
44f
40f
36f
32e
Acceleration/ deceleration lane width (if determined to be needed by the Township
12
12
12
NA
Minimum sight distancea
475
300
300
200
Minimum tangent between reverse curvesb
200
100
100
100
Minimum center line radii for horizontal curves
400c
300c
300
150
Maximum graded
6%
8%
8%
10%
NOTES:
a
Horizontal sight distances shall be measured from a point 3.5 feet above the road surface to a point six inches above the road surface, and shall be based upon standards of the American Association of State Highway and Transportation Officials (AASHTO).
b
All tangents shall be measured along the street center line.
c
Larger radii may be required as determined by the Township Engineer.
d
Minimum grades for all streets shall be 1%, unless a lesser grade is determined to be acceptable by the Township Engineer.
e
This minimum cartways width shall be reduced to 28 feet for a residential cul-de-sac local street that will clearly ultimately serve only either of the following: 1) 12 or fewer dwelling units or 2) single-family detached residential lots of greater than one acre in lot area.
f
Larger widths may be required by PennDOT or the Township, as needed for turning lanes.
NA = Not applicable.
(2) 
Whenever street lines are deflected in excess of 1°, connection shall be made by horizontal curves.
(3) 
Vertical curves shall be used at changes of grade exceeding 1%. The length of the vertical curve shall be determined by multiplying the absolute difference in change of percent in grade by the following factors:
(a) 
Arterial streets: 160 feet.
(b) 
Collector and connector streets: 80 feet.
(c) 
Local and marginal access streets: 30 feet.
(4) 
All approaches to an intersection of two or more streets shall have a leveling area not greater than 47% grade for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.
(5) 
The maximum grade across the turnaround in a cul-de-sac shall not exceed 5%.
(6) 
To provide for adequate drainage, the minimum grade of any street gutter shall be not less than 17%.
(7) 
The Board of Commissioners, upon the recommendation of the Township Engineer and the Planning Commission, and after consultation with PennDOT if a state road is involved, shall require a subdivision or land development to partially or wholly fund or accomplish the widening of an abutting intersection (including but not limited to moving the curbline inward to increase the curve radius) and/or providing a left and/or right turn lane if the Board of Commissioners determines that such improvement(s) is/(are) needed to avoid increased traffic congestion and to provide for traffic safety and if the Board of Commissioners determines that such improvement is reasonably the responsibility of the applicant.
(8) 
The provision of a deceleration lane and/or right turn lane shall be required for access points along arterial streets pursuant to the following criteria:
[Added 6-19-2006 by Ord. No. 04-06]
(a) 
Unsignalized intersections. A deceleration lane shall be considered on the arterial street at an unsignalized access point when any one or a combination of the following conditions exists: 40 or more right turns in the peak hour; 3% or greater downgrade with 20 or more right turns in the peak hour; a speed limit greater than 40 miles per hour; an average daily traffic of 5,000 or greater. A right turn lane shall be required on the driveway or access road if a capacity analysis shows a level of service D, E or F for the approach, and the installation of a right turn lane will improve operations.
(b) 
Signalized intersections. A right turn lane shall be required when a capacity analysis shows a level of service D, E or F and the operation of the intersection can be improved by the installation of one or more right turn lanes.
(c) 
Design criteria.
[1] 
The width of the right turn lane shall be 13 feet with curb and 11 feet without curb. If not curbed, shoulders shall be designed in accordance with PennDOT 3R criteria found in PennDOT Publication 13M, Design Manual Part II.
[2] 
The length of the right turn lanes shall consider the following components as may be applicable:
[a] 
The storage bay length shall accommodate the 95th percentile queue length for signalized intersections. The stop controlled approach of an unsignalized intersection shall accommodate the number of turning vehicles likely to arrive in an average two-minute period during the peak hour.
[b] 
Deceleration distance in accordance with AASHTO publication "A Policy on Geometric Design of Highways and Streets."
[c] 
The right turn or deceleration lane shall be designed based on an analysis that projects traffic volumes for a ten-year period from the anticipated opening of the proposed development.
[d] 
The 85th percentile speed shall be used for the retrofit of existing deceleration or right turn lanes. The design speed of the roadway shall be used for the design of right turn or deceleration lanes for new roads.
(9) 
The provision of a left turn lane along arterial streets shall be required pursuant to the following provisions.
[Added 6-19-2006 by Ord. No. 04-06]
(a) 
Unsignalized intersections. A left turn lane shall be provided when the appropriate Highway Research Record (HRR) 211 nomograph indicates that the warrant for a one-hundred-foot-long left turn lane is met for the anticipated completion date of the development. A left turn lane shall be provided if the visibility to the rear of a vehicle stopped to turn left into the proposed access does not meet minimum sight distance requirements and no alternative is available.
(b) 
Signalized intersections. A left turn lane shall be required when a capacity analysis indicates that the operation of an intersection, approach or movement will operate at a level of service D, E or F and the operation of the intersection, approach or movement can be improved with the installation of one or more left turn lanes.
(c) 
Design criteria.
[1] 
The minimum width of the left turn lane shall be 10 feet, unless the percent of trucks is projected to exceed 5% of vehicle volume, in which case the minimum width shall be 11 feet.
[2] 
The length of the left turn lane shall consider the following components as may be applicable. The length shall accommodate the 95th percentile queue length for signalized intersections. The length shall be determined from the appropriate nomograph in HRR 211 for the uncontrolled approach of an unsignalized intersection. The deceleration length and the taper length shall be in accordance with AASHTO publication "A Policy on Geometric Design of Highways and Streets."
(10) 
Acceleration lanes shall be provided subject to the following criteria. Acceleration lanes may be required along arterial streets where the speed limit is greater than 40 miles per hour and where access points are located sufficiently apart to permit installation. The design length and width shall follow criteria found in the latest edition of the AASHTO publication "A Policy on Geometric Design of Highways and Streets" and shall conform to PennDOT requirements.
[Added 6-19-2006 by Ord. No. 04-06]
G. 
Easements. Easements shall be provided adjacent to street rights-of-way, tract boundaries and lot lines and other required areas, within the following standards:
(1) 
Drainage, sanitary or domestic water easements shall be provided as indicated and required by the plans. The minimum width of easement shall be 20 feet (which might include 10 feet on each side of abutting lots within a subdivision) with an additional width of five feet for each additional utility.
(2) 
Utility easements of a minimum of 10 feet in width shall be provided adjacent to all street rights-of-ways for electricity, telephone and television cable lines so that each lot or dwelling unit can be served. Any natural gas distribution lines shall be placed within the cartways.
(3) 
Grading easements of a minimum of 10 feet in width shall be granted to the Township along the rights-of-way of all public streets.
H. 
Sight lines at intersections of streets.
(1) 
A triangular area as defined by this subsection shall be graded and shall be free of sight obstructions so that vision of the intersecting streets is not obscured.
(2) 
By means of sight distance easement and also a deed restriction, lease restriction or plan notation (whichever method is applicable), vegetation shall not be planted or allowed to grow nor shall the construction of a fence or wall be allowed within the triangular area defined by this subsection.
(3) 
Such triangular area shall be bounded by the intersecting street center lines and a diagonal connecting two points. These points are a distance from each end of the center line of each street of:
(a) 
150 feet from the intersection of such street center lines, if either street is an arterial street;
(b) 
100 feet from the intersection of such street and center line if either street is a collector or connector street;
(c) 
75 feet from the intersection of such street center lines, if both streets are local streets.
I. 
Cul-de-sac streets.
(1) 
Cul-de-sac streets shall be permitted with a maximum length of 1,000 feet and a minimum length of 250 feet, and must be provided with a turnaround with a minimum radius of 40 feet to the curbline and 55 feet to the legal right-of-way (see Figure 10.4). No cul-de-sac street shall provide access to more than 20 dwelling units.
(2) 
The circular right-of-way of the cul-de-sac shall be connected to the approach right-of-way by an arc having a radius of not less than 100 feet. The circular paving of the cul-de-sac shall be connected to the approach paving by an arc having a radius that is 10 feet inward from the required minimum radius of the right-of-way (see Figure 10.4).
(3) 
The Board of Commissioners, upon the recommendation of the Planning Commission, may permit acceptable alternative turnaround designs, including a turnaround of acceptable radii incorporated into a parking court or a landscaped island (with an acceptable system for maintenance) within a cul-de-sac.
(4) 
No street shall dead-end without an approved turnaround at the end of the street. Temporary stub streets shall be required to include at least a temporary cul-de-sac, if the stub would be longer than 150 feet or serve more than three dwellings or lots. No street that provides access to 15 or more dwelling units shall be served with a temporary cul-de-sac.
(5) 
See also the design standards in Table 10.1.[2]
[2]
Editor's Note: Table 10.1 follows Subsection F(1) of this section.
J. 
Maintenance. As a condition for final plan approval, the developer must enter into a legally binding agreement which shall state who is to be responsible for the improvement and maintenance of any street not offered for dedication. If an association of lot owners is to be made responsible, such association must be legally organized prior to plan approval by an agreement approved by the Township.
K. 
Street design and traffic improvements.
(1) 
Streets shall be graded, improved and surfaced to the grades and dimensions shown on approved plans, profiles and cross sections and in conformance to Chapter 225, Street Openings and Public Interest Improvements Construction, of the Code of the Township of Bethlehem.
(2) 
Right-of-way grading.
(a) 
The entire right-of-way shall be graded to the approved cross section. All trees, stumps and other material deemed unsuitable by the Township Engineer shall be removed. The excavation shall be back filled and suitably compacted to the satisfaction of the Township Engineer.
(b) 
The entire street structure shall be crowned in conformance with the Township street and improvement specifications.[3]
[3]
Editor's Note: See Ch. 225, Street Openings and Public Interest Improvements Construction.
(c) 
A proper superelevation (banked curves) shall be provided on arterial, connector and collector streets and when required by the Township Engineer.
(3) 
Grading beyond right-of-way.
(a) 
The subdivider or developer may be required to grade beyond the right-of-way line in order to provide continuous slope from the right-of-way line to the proposed elevation of the abutting property.
(b) 
Such grading beyond the right-of-way shall maintain the original conditions of slope and contours except where stormwater runoff designs dictate or warrant improvement or alteration of the original slope and contours.
(c) 
Approved plans, either preliminary or final, showing proposed grading, shall be a covenant running with the land, unless altered by written permission from the Board of Commissioners in conjunction with the Northampton County Conservation District.
(d) 
In areas of earth excavation or earth fill, such grading shall be done to a maximum slope of three feet horizontal to one foot vertical.
(4) 
Drainage of streets.
(a) 
Parallel and cross drainage facilities shall be properly located, designed and installed to maintain proper drainage of the completed streets.
(b) 
Proper design and construction in accordance with those requirements may require the use of curb and gutter or paved drainage swales to prevent erosion. Drainage facilities shall be designed in accordance with requirements of Chapter 218, Stormwater Management, Part 1, Stormwater Control (see Article III, §§ 218-17 to 218-34).
(c) 
The minimum diameter of any cross-drainage or culvert pipe shall be 15 inches.
(d) 
Open pipe ends must be fitted with concrete end wells or wing walls or prefabricated end sections and with protective safety gratings.
(e) 
No open pipes shall be allowed to end within the Township street right-of-way, except in cases where new driveways must cross existing deep road side swales adjacent to existing Township streets. In the case of these exemptions to the standard, the pipe shall be located as far off the edge of pavement as possible (at least 20 feet from the street center line).
(f) 
Energy dissipaters shall be placed at the outlets of all pipes where flow velocities exceed maximum permitted channel velocities.
(g) 
Bridges and culverts shall be designed to support expected loads in accordance with Federal Highway Administration standards, to carry expected flows, and to be constructed to the full width of the right-of-way in accordance with PennDOT standards. The applicant shall determine whether a TIER permit is required.
(h) 
Consideration shall be given for subgrade drainage of those soils subject to frost heave. Design of the road bed in such locations may require parallel drainage facilities and/or underdrains to properly stabilize the subgrade. The Board of Commissioners may require that such drainage facilities be provided. The design of such subgrade drainage facilities shall be subject to the review and approval of the Township Engineer.
(i) 
Sedimentation and erosion control. See § 230-74.
(j) 
Stormwater drainage. See Chapter 218, Stormwater Management, of the Code of the Township of Bethlehem.
(k) 
A set of approved design plans shall be maintained on file at the site during construction, as record drawings.
(5) 
Street construction standards. See the Township streets and improvement standards.[4]
[4]
Editor's Note: See Ch. 225, Street Openings and Public Interest Improvements Construction.
L. 
Private streets. Any private street or accessway that will eventually serve traffic from three or more dwelling units or two or more industrial, commercial uses and or institutional uses shall be designed and constructed to Township construction standards, including the provision of a street right-of-way.
M. 
Required traffic improvements.
(1) 
If there is a reasonable relationship between the need for a transportation improvement (including but not limited to one or more of the following: new or upgraded traffic signal, land dedication or trade for an improvement, intersection realignment or widening, construction of street shoulders, street widening, intersection widening, curve improvement, sight distance improvement and/or installation of sidewalks) and a proposed subdivision or land development, the subdivision or land development shall be required to fund its fair share of the cost of such improvement or dedicate sufficient right-of-way.
(2) 
In place of funding the improvement at the time of final approval, the Township may enter into an agreement to allow the developer to accomplish or fund the improvement in relationship to the stages of the development or require the funds to be placed in escrow until such time as sufficient funds are available for a more comprehensive improvement. Any such funds received under this section shall be accounted for separately and remain committed to traffic improvements.
(3) 
This section shall be carried out through determinations of the Board of Commissioners, based upon recommendations of the Planning Commission, which shall make determinations based directly upon any recommendations of the Township Engineer and the Township Police Chief, any comments from PennDOT and any professional traffic studies or traffic accident information that have been submitted.
A. 
Residential.
(1) 
Maximum length. Residential blocks shall not exceed 1,500 feet in length in subdivisions using an average lot size of one acre or larger and shall not exceed 1,200 feet in length in subdivisions having an average lot size less than one acre.
(2) 
Minimum length. Residential blocks shall have a minimum length of 250 feet.
(3) 
Blocks shall be of sufficient width to permit two tiers or lots except where access is limited by virtue of an adjoining arterial street or by virtue of topographic limitations.
B. 
Nonresidential. Nonresidential blocks shall not be less than 800 feet in length.
A. 
Lots shall conform to the applicable minimum lot sizes, lot widths, setback and all other requirements as set forth in Chapter 275, Zoning, of the Code of the Township of Bethlehem.
B. 
All lots shall front on a public or private street improved to meet Township standards or for which improvements have been insured by the posting of an acceptable performance guarantee under this chapter.
C. 
The depth-to-width ratio of a lot shall generally not be greater than three to one.
D. 
Side lines of lots shall abut and be approximately at right angles to straight streets and on radial lines to curved streets. Pointed or very irregularly shaped lots shall be avoided. (See Figures 10.6 a, b, c and d.)
E. 
Frontage lots and planting strips.
(1) 
Double frontage lots shall ordinarily not be created except as needed to avoid direct vehicular access onto an arterial street by individual driveways.
(2) 
Planting strips.
(a) 
On any double frontage or reverse frontage lots, each lot shall include a 15 feet deep planting strip along one of the streets with access clearly prohibited across this strip by notes on any approved plan (see Figure 10.7).
(b) 
In addition to the street trees required by § 230-71 of this chapter, this planting strip shall include evergreen plantings meeting the requirements of § 275-171 of Chapter 275, Zoning, of the Code of the Township of Bethlehem. Any fencing in the rear of such lots shall be placed on the inside side of such plantings.
(c) 
This planting strip shall be placed along the street that the Planning Commission determines will eventually serve the most through traffic (for example, if a lot abuts a collector and a local street, the planting strip shall be placed along the collector street and the lot shall only have vehicular access onto the local street).
F. 
If remnants of land (other than rights-of-way) exist after subdividing, they shall be incorporated in existing or proposed lots. No lot shall be created (especially abutting an arterial street) that would not be suitable for a use permitted in that Zoning district.
G. 
Bus stops.
(1) 
Residential land developments or subdivisions that involve 15 or more dwelling units shall contact the School District to establish one or more acceptable and safe locations for a school bus stop.
(2) 
A major subdivision or land development may be required by the Planning Commission to contact the local public transportation agency to seek an appropriate location for a public bus stop.
[Amended 2-12-1990 by Ord. No. 3-90; 6-15-1998 by Ord. No. 2-98]
A. 
Statement of findings and intent.
(1) 
Residential, commercial, office and industrial subdivisions and land developments create significant demands for open space, including active and passive recreational areas and facilities.
(2) 
There are natural resource areas in the Township which are deserving of protection from development.
(3) 
The Township has certain goals and objectives which are listed in the Comprehensive Plan, the Comprehensive Park, Recreation and Open Space Plan, Chapter 275, Zoning, of the Code of the Township of Bethlehem and this article.
(4) 
To meet the demands for open space, to protect natural resource areas from development and to achieve the aforesaid goals and objectives it is necessary and desirable in the best interests of the Township to provide for the dedication of open space and recreation land or the payment of fees in lieu thereof.
B. 
Applicability. This section shall apply to all applications for subdivision or land development approval other than applications that involve only minor plan changes or other adjustments or corrections to a plan.
C. 
Open space dedication.
(1) 
Requirement and dedication. Every applicant for subdivision or land development approval shall dedicate to the Township not less than the minimum area of open space specified hereinafter, unless:
(a) 
The applicant and the Township agree that such open space may be privately reserved or dedicated to another public entity.
(b) 
The applicant and the Township agree that the applicant shall pay fees in lieu thereof and such fees are paid, as specified hereinafter.
(2) 
Area of required dedication.
(a) 
Residential development.
[1] 
Minimum open space: 1,000 square feet of area for each approved dwelling unit.
[2] 
Mix of open space. Not less 75% of the open space must be comprised of active recreation area. The remaining 25% may include natural resource area and/or passive recreation area.
(b) 
Commercial, office and industrial development.
[1] 
Minimum open space: 7 1/2% of the total area of the development.
[2] 
Mix of open space. Not less than 75% of the open space must be comprised of active recreation area. The remaining 25% may include natural resource area and/or passive recreation area.
(3) 
Dedication process.
(a) 
The dedication shall be made by delivery to the Township, prior to recordation of the approved subdivision or land development plan:
[1] 
A fully executed and acknowledged special warranty deed, which shall be subject to the review and approval of the Township Engineer and the Township Solicitor.
[2] 
A current certification of title or policy of title insurance issued by a reputable title insurance company authorized to transact the business of title insurance in the Commonwealth of Pennsylvania or current opinion of title by an attorney license to practice law in the Commonwealth of Pennsylvania, which shall be subject to the review and approval of the Township Solicitor.
(b) 
The open space shall be conveyed free and clear of all liens, encumbrances and easements (excepting existing easements or restrictions of record which do not make the open space unsuitable for its intended use and provided they do not render the title unmarketable).
D. 
General open space requirements.
(1) 
All open space shall satisfy, as applicable, the definitions contained in § 230-22 of this chapter, including "active recreation area," "natural resource area," "open space" and "passive recreation area." Open space proposed for condominium developments shall also satisfy the definition of "open space, common" in Chapter 275, Zoning, of the Code of the Township of Bethlehem, as amended.
(2) 
The applicant shall clearly state, in writing, what improvements, if any, it intends to make in connection with the development such that the open space will be suitable for its intended purpose, such as grading, landscaping or development of trails. All dedicated open space shall be free of construction and other debris at the time of dedication.
(3) 
Open space shall initially be offered for dedication to the Township. The Board of Commissioners may authorize the applicant to offer the open space to another public entity, including the Bethlehem Area School District or Northampton County.
(4) 
If for any reason any dedication of open space is not accepted by the Township or another public entity to which the applicant is authorized by the Township to dedicate such space, the applicant shall find an incorporated nonprofit land conservation organization that is willing to accept ownership and maintenance responsibilities for such space, provided such organization is acceptable to the Board of Commissioners.
(5) 
In the case of a rental development, the Township may permit ownership of open space to be retained by the real owner.
(6) 
Private reservation of open space for common use.
(a) 
In the event the Township authorizes the private reservation of open space for common use of lot or condominium owners, the applicant shall provide to the Township documentation establishing:
[1] 
That an association of such owners to own and maintain such space has been lawfully created.
[2] 
That a formal agreement or declaration has been created and properly recorded providing for the maintenance and the method of management of such space.
(b) 
Such agreement or declaration shall provide that all owners within the subdivision or land development are required to contribute financially to the such maintenance. Privately reserved open space shall be protected by permanent deed restrictions and/or conservation easements acceptable to the Board of Commissioners to permanently prohibit the construction of buildings, except buildings for preapproved types of noncommercial recreation or that are needed to support maintenance of the open space. All such documentation is subject to the review of the Township Solicitor and acceptance by the Board of Commissioners.
(7) 
Required open space shall be contiguous, except as may be specifically exempted by the Board of Commissioners.
(8) 
Required open space shall have adequate access for maintenance and for pedestrians, bicyclists and emergency and service vehicles.
(9) 
Other ordinances. Any required dedication under this section shall be in addition to any land dedication or improvement requirements of any other Township ordinance or resolution, unless specifically stated otherwise.
(10) 
Prohibited lands. No area shall be used to meet the minimum open space requirements of this section if such area is:
(a) 
Within 25 feet of any building.
(b) 
Within 25 feet of a parking area of more than six parking spaces (other than parking areas specifically developed to serve the open space).
(c) 
Within 50 feet on each side of the center of overhead electrical transmission lines of over 35 kilowatts of capacity.
(d) 
Within stormwater detention basins.
(e) 
Within stormwater retention basins unless the dedicated area includes not less than five acres of open space exclusive of the area of such basin and the Board of Commissioners finds that such basin has exceptional recreational value by reason, for example, of its design, appearance and/or proximity to existing or proposed public parks.
(11) 
Coordination with future or adjacent development.
(a) 
In a phased plan, the dedication of open space shall be made as a part of the first phase of development.
(b) 
If only a portion of a larger tract of land is currently proposed to be subdivided or the applicant owns one or more adjacent tracts that are not currently proposed to be subdivided, the applicant shall provide a sketch showing areas for possible future dedication on such adjacent tract or tracts.
(c) 
The Board of Commissioners may require that open space to be dedicated within land currently being subdivided be placed along an edge of such lands so that such space may, in the future, be combined with an open space dedication on the edge of an adjacent property when that adjacent property is subdivided or developed.
E. 
Fees in lieu of open space dedication.
(1) 
If the total area of proposed active recreation area and passive recreation area is less than two contiguous acres, or if such area is not acceptable to the Board of Commissioners, the Township may accept fees in lieu of the dedication of open space, as provided below:
[Amended 8-7-2000 by Ord. No. 3-00; 6-7-2004 by Ord. No. 02-04]
(a) 
For residential development: $1,500 for each approved dwelling unit.
(b) 
For commercial, office or industrial development: $3,500 per acre based upon the total lot area of all approved lots.
(2) 
The foregoing fees above may be revised by subsequent resolution and/or official fee schedule of the Board of Commissioners.
F. 
Decision on dedication of open space versus payment of fees. The Board of Commissioners shall determine whether a dedication of open space or the payment of fees in lieu thereof is preferable. If the Board of Commissioners determines that payment of fees is preferable, but an applicant refuses in writing at or prior to the time of preliminary plan approval to the payment of such fees, the dedication of open space shall be required. The Board of Commissioners should, at a minimum, consider the following factors in making such determination:
(1) 
Whether the location of the open space abuts or can be connected to other open space which is currently or potentially publicly owned.
(2) 
Whether the dedication of open space in that location would serve a valid public purpose, such as providing a buffer between different types of land uses.
(3) 
Whether the proposed open space is accessible to pedestrians, bicyclists and emergency and service vehicles.
(4) 
Whether the area in the general vicinity of the development has existing, adequate open space.
(5) 
Any recommendations that may be received from the Planning Commission, the Township Engineer, the School District, the Parks and Recreation Committee or other Township boards and commissions.
(6) 
Relevant provisions of the Comprehensive Park, Recreation and Open Space Plan and/or Comprehensive Plan.
G. 
Limitations on use of fees.
(1) 
All fees collected pursuant to this section shall be placed within one or more interest bearing account(s), which shall be accounted for separately from other Township funds.
(2) 
At the time of final subdivision or land development approval, the Township shall designate the location of existing open space and/or facilities or the approximate location of intended open space and/or facilities where the fees are intended to be utilized. Such open space and/or facilities shall be accessible to the inhabitants of the development that paid such fees. Notwithstanding the foregoing, fees from any development may be used within any "community-wide" park that the Board of Commissioners determines clearly is intended to serve all inhabitants of the Township.
(a) 
The Board of Commissioners may by resolution modify the locations where fees are to be expended, if conditions change or opportunities more appropriate arise.
(b) 
In the event that the Board of Commissioners does not designate specific open space and/or facilities for the use of fees, then such fees shall be deemed as designated for use at the central Bethlehem Township Municipal Park on Farmersville Road.
(3) 
Use of funds.
(a) 
All fees paid under this section shall be used only for the following:
[1] 
Acquisition of public open space (including, but not limited to, property transfer costs).
[2] 
Development of public recreational facilities.
[3] 
Renovation of new or existing public recreational facilities.
[4] 
Landscaping of public open space.
[5] 
Closely related professional engineering work, such as design and preparation of construction specifications and/or bid documents.
(b) 
Such fees shall not be used for maintenance of existing facilities, provision of recreation programs or other administrative costs.
H. 
Timing of payment of fees.
(1) 
If a subdivision or land development involves single-family detached, single-family semidetached and/or two-family dwellings, the fee shall be paid as follows: $500 for each dwelling unit shall be paid prior to recording of the approved plan and the remaining $500 for each dwelling unit shall be paid as each lot is sold or upon making application for a building permit, whichever occurs first, until the remaining amount is paid. In all cases, the total fee shall be paid for the entire subdivision or land development within five years from the date of final plan approval.
(2) 
If a subdivision or land development involves commercial, office or industrial uses, the fee shall be paid prior to the recording of a final approved plan or, in the case of a plan that is not required to be recorded, within five years of the final approval date, unless an alternate payment schedule is mutually agreed to by the Board of Commissioners and the applicant as a condition of final plan approval.
(3) 
As a condition of any agreement or condition to pay fees in installments, the applicant shall accept that all such fees shall not be considered to be "paid" for the purposes of any applicable time limitations for utilization under Act 247[1] until all such fees are paid in full, including all installments and phases.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
I. 
Combination of land and fees. Upon mutual agreement of the Board of Commissioners and the applicant, the Township may accept a combination of dedication of open space and fees in lieu thereof to meet the requirements of this section, as follows:
(1) 
In residential subdivisions or land developments, this combination shall be based upon the open space requirement that applies to a certain number of dwelling units and the fee in lieu thereof that applies to the remaining number of dwelling units.
(2) 
In commercial, office and industrial subdivisions or land developments, the applicant shall pay fees equal to the difference between the amount of fees payable pursuant to Subsection C(1)(b) and the market value of the dedicated open space. The applicant shall have the burden of clearly proving to the satisfaction of the Board of Commissioners the market value of such dedicated open space by evidence from qualified real estate professionals.
J. 
Fee modification process.
(1) 
An applicant may seek a modification or reduction of fees by offering in writing in a contractually binding form to:
(a) 
Construct substantial permanent recreation facilities within the proposed subdivision or land development.
(b) 
Construct substantial permanent recreation facilities on existing public open space.
(2) 
The Township may accept such modification if the applicant clearly proves to the satisfaction of the Board of Commissioners, after providing the Parks and Recreation Committee with an opportunity for review, that such alternative will be substantially equivalent to the value of the land and/or facilities needed to meet the majority of the open space and recreation needs to meet the majority of the open space and recreation needs that can be expected to be generated within the Township from the inhabitants of the development. Such modification shall be based upon an estimate of the market value of the improvements by the applicant's engineers, which shall be subject to acceptance by the Board of Commissioners. The cost of constructing such improvements shall be secured to the Township by the provision of financial security in the same form and manner as financial security for municipal and common improvements.
See Chapter 218, Stormwater Management, of the Code of the Township of Bethlehem, which is hereby included by reference. The provisions of Chapter 218 shall apply to all subdivisions and land developments under this chapter.
A. 
In general. All subdivisions and land developments shall be served with an adequate sewage disposal system (either on-lot or centralized system) that will meet state regulations.
B. 
Central sewage service. In addition to the above general requirements, central sewage disposal systems shall also be reviewed and approved by the appropriate Municipal Authority or agency.
C. 
On-lot sewage disposal system.
(1) 
Where it is not deemed by the Municipal Authority to be feasible and reasonable to connect to a centralized sewage disposal system, on-lot systems may be used and shall be constructed in accordance with DEP regulations.
(2) 
The Township sewage enforcement officer's site and soils investigation and favorable report are required prior to approval of the preliminary plan.
(3) 
Any use with an on-lot septic system and that does not have capped sewers shall include a suitable land area set aside in open space that would be available for an alternate septic system if needed.
A. 
In general. All subdivisions and land developments shall be served with an adequate water supply system (either on-lot or centralized system) that will meet DEP requirements. Any nonpublic water supply system serving two or more principal uses or lots shall be required to provide adequate water pressure, in the determination of the Township.
B. 
Centralized water supply system. Proposed extensions of centralized water systems shall meet all applicable procedures, reviews and requirements of the appropriate municipal authority or public utility and meet with their approval prior to final plan of any plan relying upon such system.
C. 
On-lot water supply systems.
(1) 
The Board of Commissioners, based upon any recommendations of the Planning Commission, the Township Engineer and the appropriate water supplier, shall require all lots and principal uses within a subdivision or land development to be connected to the central water system where the Commissioners determine that such connection would be feasible and reasonable. When a subdivision or land development is not required to connect to a central water system, on-lot water systems shall be constructed in accordance with regulations of DEP.
(2) 
Wells should be located no closer than 25 feet to any future street right-of-way.
D. 
Fire hydrants. All subdivisions and land developments that will be served by public water service shall provide fire hydrants as needed with appropriate water pressure so that all dwelling units and principal buildings are within 600 feet of an active fire hydrant.
All electric power, telephone, cable television and natural gas distribution lines shall be placed underground except where the Planning Commission determines it is not feasible, and in accordance with the current standards of the utility serving the subdivision or development.
A. 
Access. A state highway occupancy permit is required for all entrances of an access drive or driveway onto a state road.
B. 
Location. The minimum distance between an access drive or driveway to a street intersection shall be as follows:
Distance Between Center Lines of Access Drive or Driveway and Nearest Intersection Street by Type of Intersecting Street
Type of Subdivision or Land Development
Arterial
(feet)
Collector or Connector
(feet)
Local
(feet)
Residential
50
100
75
Residential — other than single-family detached dwelling or garden apartments
150
75
50
Nonresidential or mixed
300
200
150
C. 
Sight lines at intersections of driveways or access drives with streets. See § 275-171 of Chapter 275, Zoning, of the Code of the Township of Bethlehem.
D. 
Grades. Grades of access drives or driveways shall not exceed 12% when connecting to a local or collector street and 7% when connecting onto an arterial street; however, the initial 20 feet from the edge of the cartways of an arterial street shall not exceed 4% and the initial 20 feet from the edge of the cartways of any other street shall not exceed 7%.
E. 
Drainage. The developer shall make adequate provisions to maintain uninterrupted parallel drainage along a public street where intersected by an access drive or driveway. Access drives and aisles within parking lots shall be graded and drained to keep the primary travel lane free of stormwater.
F. 
Throat length. Throat length for driveways and access roads that intersect arterial, connector and collector streets, serving nonresidential development, apartment complexes, and mobile home parks, shall comply with the following standards. The throat length shall be measured from the point where the access road meets the arterial, connector or collector street to the first point where the access road meets an on-site circulation road or lane.
[Added 6-19-2006 by Ord. No. 04-06]
(1) 
25 feet for minimum use access roads.
(2) 
50 feet for low volume driveways.
(3) 
120 feet for medium volume driveways.
(4) 
150 feet or as determined by a queuing analysis for high volume driveways.
G. 
Driveway and access road radii. For driveways or access roads serving single-family residential uses, the minimum radius shall be 15 feet along arterial streets. For all other driveways or access roads, the minimum radius shall be 25 feet along arterial streets.
[Added 6-19-2006 by Ord. No. 04-06]
H. 
Truck circulation. The plan shall demonstrate that adequate circulation is available for trucks of the size expected to service the facility, and that the trucks can reach the loading/unloading areas without crossing parking spaces. The lanes shall be of adequate width to accommodate the trucks.
[Added 6-19-2006 by Ord. No. 04-06]
A. 
Sidewalks built to Township specifications shall be required in all subdivisions and land developments.
(1) 
Waiver. The Board of Commissioners may, after receiving the recommendation of the Planning Commission, waive a requirement for sidewalks on one or both sides of a street if a development would include an acceptable system of internal pathways, or be within in a clearly industrial area, or where all of the lots in a residential subdivision would be both greater than one acre in lot area and have greater than 150 feet of street frontage.
B. 
Pathway or bikeway.
(1) 
If deemed necessary for the convenient and safe circulation of bicycles and pedestrians, the Board of Commissioners, upon the recommendation of the Planning Commission, may require that a major subdivision or land development include the granting of an easement for a pathway or bikeway.
(2) 
A bikeway or pathway may be required to have a width of up to eight feet and may be required to be illuminated and/or paved to Township standards.
(3) 
A bikeway or pathway may be included within the required minimum area of an abutting lot.
C. 
Location.
(1) 
Sidewalks, where required or provided, shall be located within the street right-of-way and no closer than one foot to the right-of-way line nor closer than three feet to the curbline. A standard street cross-section diagram is available from the Township Engineer.
(2) 
A grass planting strip shall be planted between the curb and sidewalk. This strip shall not be paved except at driveway entrances.
D. 
Specifications.
(1) 
Sidewalks shall be a minimum width of:
(a) 
Five feet along arterial streets.
(b) 
Four feet along collector or local streets and access drives.
(2) 
Construction. See Chapter 225, Street Openings and Public Interest Improvements Construction, of the Code of the Township of Bethlehem, as amended.
(3) 
Pathways shall be constructed of one of the following, at a minimum: four inches of portland cement concrete underlain by four inches of compacted gravel or crushed stone or 2.5 inches of bituminous underlain by six inches of compacted gravel or crushed stone.
E. 
Handicapped access. All sidewalks and curbs at the intersection of two or more public streets shall include a sloped curb cut suitable for use by wheelchairs.
F. 
Maintenance. It shall be the responsibility of adjacent landowners to maintain sidewalks. See the sidewalk covenant provisions in Appendix D.[1]
[1]
Editor's Note: Appendix D is on file in the Township offices.
[Amended 3-6-1995 by Ord. No. 1-95]
A. 
The developer shall be required to provide streetlights when the Board of Commissioners, upon the recommendation of the Planning Commission, deems them necessary to provide safe traffic or pedestrian circulation. Streetlights shall be required to be provided at intersections involving a collector, connector and/or arterial street, at sharp curves in streets and at very isolated areas of a development.
B. 
Such lights shall meet design standards established by the Township and the public utility. The Planning Commission may approve alternative pole designs that still meet electric company standards. Generally, light poles should be no brighter than 175 watts and be spaced approximately 500 feet apart.
C. 
The Board of Commissioners may require a developer to establish a homeowner or condominium association to fund the maintenance of and electricity for streetlights in a development.
D. 
Such lights shall be installed upon the installation of the base course of pavement of the approved streets.
[Amended 3-6-1995 by Ord. No. 1-95]
A. 
The developer shall provide the subdivision or land development with adequate street signs at the intersection of all streets and with any other signs required, or fund such signs if provided by the Township.
B. 
Street name signs shall be constructed of extruded aluminum measuring six inches high. The width shall be determined by the length of the street name, but in no event shall it exceed 36 inches. The background shall be blue reflective sheeting, E.G., H.A. Letters shall be White Series "B" Heat Activated and shall be four inches high for the street name and two inches high for abbreviations such as "Avenue." The signs shall be installed on the top of a round galvanized post measuring two inches in diameter, 10 feet in length and with walls 0.65 inch thick. The sign shall be seven feet above grade after installation. A pin shall be driven through the post 10 inches to 12 inches from the bottom of the post to prevent the sign from turning.
C. 
Street names are subject to the approval of the Board of Commissioners and U.S. Postal Service, and shall continue the name of any street with the same alignment, and shall not duplicate or be closely similar to the name of another street within the Township or the zip code.
D. 
Such signs shall be installed upon the installation of the base course of pavement of the approved streets.
E. 
Identification signs shall conform to the sign regulations found in Chapter 275, Zoning, of the Code of the Township of Bethlehem.
[Amended 3-6-1995 by Ord. No. 1-95]
A. 
The developer shall be required to provide or fund traffic regulatory signs that shall meet current design standards as established by PennDOT.
B. 
Such signs shall have a clear height of seven feet.
C. 
Such signs shall be installed upon the installation of the base course of pavement of the approved streets.
A. 
Street trees.
(1) 
Street trees are required to be planted under this section within all land developments and major subdivisions. Street trees shall not be required for frontage along a single-family detached residential lot with a lot area of greater than two acres or a clearly agricultural lot with a lot area of greater than two acres.
(a) 
The Planning Commission or any Township Shade Tree Commission may approve other species of trees than those listed below if the applicant proves to the satisfaction of either Commission that the trees would be sturdy, attractive and resistant to disease and road salt.
(b) 
If more than 20 street trees are required, no more than 50% of the trees shall be of any one species.
(c) 
Permitted species of trees.
[1] 
Deciduous:
Botanical Name
Common Name
Gleditsia triacanthos
Thornless locust
Acer rubrum
American red maple
Acer saccharum
Sugar maple
Celtis occidentalis
Common hackberry
Fagus sylvatica
European beech
Fraxinus pennsylvania
Green ash
Fraxinus americana
White ash
Ginko biloba fastigiata
Maiden hair tree (male only)
Juglans nigra
Eastern black walnut
Liquidambar styraciflue
Sweet gum
Liriodendron tulipifera
Tulip poplar
Quercus phellos
Willow oak
Quercus acutissima
Sawtooth oak
Quercus imbricaria
Shingle oak
Quercus borealis
Red oak
Quercus coccinea
Scarlet oak
Sophora japonica
Chinese scholar tree
Quercus macrocarpa
Bur oak
Quercus alba
White oak
Populus deltoides
Eastern poplar
Quercus montana
Chestnut oak
Quercus velutina
Black oak
Tilia american
American linden
Tilia petiolaris
Silver linden
Tilia euchlora
Crimean linden
Tilia cordata
Little leaf European linden
Zelkova serrats
Zelkova
[2] 
Evergreen:
Botanical Name
Common Name
Ilex opaca
American Holly
Picea morika
Serbian spruce
Picea pungens
Colorado spruce
Pinus thunbergi
Japanese black pine
Pseudotsuga taxifolia
Douglas fir
Tsuga canadensis
Canada hemlock
Tsuga caroliniana
Carolina hemlock
Larix decidua
European larch
(2) 
Quality of trees.
(a) 
Trees permitted shall be of symmetrical growth, free of insect pests and disease, and durable under the maintenance contemplated.
(b) 
Trees which have died or have become diseased or pest-ridden within 18 months from the time of planting shall be replaced by the developer.
(3) 
Minimum size. The trunk diameter (measured at a height of one foot above the finished grade level) shall be a minimum of two inches.
(4) 
Planting and maintenance.
(a) 
Trees shall be planted and staked in conformance with good landscaping practices.
(b) 
Trees adjacent to or within parking areas shall be properly protected from damage by vehicles by raised curbs, similar devices or sufficient setback.
(c) 
Required trees shall be properly maintained and shall not be removed by the developer without being replaced by another tree that meets the requirements of this section.
(5) 
Required number of street trees.
(a) 
Within and abutting all land developments and major subdivisions, along any street, or any access drive serving more than one commercial, industrial or institutional principal use, an average of one deciduous street tree shall be required for every 50 feet of distance along the street right-of-way line on each affected side of the street.
(b) 
In a residential subdivision or land development, if dwellings do not front onto the street right-of-way, evergreen trees meeting the requirements of this section should be substituted for trees.
(6) 
Spacing. The trees required under this section shall be generally spaced throughout the development, but may be clustered at locations acceptable to the Planning Commission. If trees are to be planted on both sides of a street, they should be planted so that the trees alternate and are not lined up exactly with the tree on the other side of the street.
(7) 
Location of street trees. The trunk of street trees required under this section shall be set back a minimum of two feet and a maximum of 15 feet from any established curbline, or at least five feet from the edge of the cartways and the shoulder of a street and no more than 10 feet outside of the proposed street right-of-way if no curbline is established, unless the Board of Commissioners approves another location or another location is needed to ensure adequate sight distance. Where trees are to be planted between the curb and the sidewalk, special consideration shall be given to the species of trees that are planted.
(8) 
Other requirements. The street trees required under this section shall be in addition to any trees required under other Township regulations, including the parking lot landscaping requirements of Chapter 275, Zoning, of the Code of the Township of Bethlehem.
(9) 
Credit for existing trees. If existing healthy street trees are to be preserved that would, in the determination of the Planning Commission, generally meet the intent and requirements of this section, they may serve as a credit towards the number of street trees required to be planted.
B. 
Ground cover.
(1) 
Exposed ground surface in all parts of the subdivision shall be paved or covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
(2) 
The vegetative cover shall not be poisonous in nature.
C. 
Buffer yards. See the requirements for buffer yards in § 275-171 of the Chapter 275, Zoning, of the Code of the Township of Bethlehem.
D. 
Preservation of existing trees. All trees six inches or more in diameter (measured at a height of four feet above original grade) shall not be removed as part of or in preparation for a subdivision or land development unless they are located within five feet of a proposed cartways or street shoulder, or within a stormwater detention basin, parking area, sidewalk portion of the right-of-way, driveway, on-site sewage system, within 20 feet of the foundation area of a new structure, or unless they are diseased or are excessive in number and thinning will promote and enhance the healthy development of the remaining trees.
E. 
Natural and historic feature preservation. Substantial and sensitive natural features and historic structures and important archaeological sites worthy of protection, as determined by the Board of Commissioners upon the advice of the Planning Commission shall be respected, incorporated into and protected in any subdivision or land development.
(1) 
These features include, but are not limited to natural drainage channels, waterways and falls, large trees or groves, highly scenic views and important community landmarks.
A. 
Monuments.
(1) 
Location. Permanent reference monuments shall be located at each intersection of street center lines of street(s) constructed by the developer, at the beginning and ending of all street curves, and at exterior corners of the subdivision. With the approval of the Township Engineer, the subdivider may install monuments on only one side of the street provided that enough monuments are set to permit a surveyor to stake out accurately any building lot shown on the record plan.
(2) 
Type. Reference monuments shall be constructed of steel reinforced portland cement concrete to the dimensions shown in the accompanying sketch or other material approved by the Township Engineer.
(3) 
Placement. Reference monuments shall be placed so that the top of the monument is as shown in the accompanying sketch.
B. 
Lot pins. All lot corner markers shall be permanently located and shall be at least a 3/4 inch metal pin or pipe with a minimum length of 20 inches located in the ground to existing grade.
A. 
Curbs shall be provided along both sides of all public streets and all private streets.
B. 
Deferment. Curbs may be deferred by the Board of Commissioners along single-family detached residential lots that have a lot area of greater than two acres or clearly agricultural lots that have a lot area of greater than two acres.
C. 
If curbs are deferred, appropriate stabilized drainage channels designed to handle a twenty-five-year storm shall be required along all streets, within the street right-of-way, or drainage easements.
D. 
Rolled curbs are not permitted.
E. 
All required curbs shall meet Township specifications.
A. 
Erosion and sedimentation plan.
(1) 
Any land development or subdivision that will involve the disturbance of more than one acre of earth shall be required to submit to the County Conservation District and the Plans Administrator an "erosion and sedimentation control plan" that will show how the requirements of DEP Title 25 Rules and Regulations, Chapter 102, as amended, will be met. These DEP requirements are hereby made a part of this chapter by reference. Any violation of these erosion and sedimentation control regulations or an approved erosion and sedimentation control plan shall be a violation of this chapter.
(2) 
The Planning Commission may require any land development or subdivision involving more than 5,000 square feet of earth disturbance submit an erosion and sedimentation plan and have the plan reviewed by the Township Engineer, at the cost of the applicant.
(3) 
Compliance with the submitted erosion and sedimentation control plan (and any revisions officially filed with the Township) shall automatically be a condition of any final plan approval.
(4) 
The County Erosion and Sediment Control Handbook shall be used as a resource in soil protection planning and in the review of such plans.
(5) 
The landowner shall be responsible for carrying out the requirements of the erosion and sedimentation control plan during earthmoving activities.
B. 
All areas of the subdivision shall be stabilized by seeding or planting. Slopes steeper than 15% shall be further protected by mulching which shall be adequately tied down.
[Added 1-15-2001 by Ord. No. 1-01]
A. 
Plan requirements. Each plan shall disclose as a natural feature the existence of all closed topographical depressions (including but not limited to sinkholes), and other features evidencing ground subsidence hazards. Where such ground subsidence hazards exist, the final plan shall contain a plan note clearly establishing the responsibility of the owner(s), their heirs, executors, administrators, successors and assigns to repair sinkholes and other ground subsidence, if any, occurring on the site.
B. 
Studies, reports, and utilization of mitigation procedures. When such ground subsidence hazards exist on the site, the applicant shall perform such geologic studies as may be required by the Township Engineer, and shall submit a geology report from a professional geologist, or a professional engineer with demonstrable education or experience in geotechnical engineering, for the review and approval of the Township Engineer, relating to such ground subsidence hazards. The applicant shall utilize such construction methods, techniques and procedures as are set forth in the report and/or as recommended by the Township Engineer to mitigate the ground subsidence hazards, and shall submit detail sheets for the review and approval of the Township Engineer showing such methods, techniques and measures.
C. 
Placement of stormwater management facilities, detention and retention basins.
(1) 
Any storm sewer pipe laid within 200 feet of a closed topographical depressions (including but not limited to sinkholes) shall utilize watertight joints.
(2) 
All detention and retention basins shall be lined with a synthetic impermeable membrane. The material selection shall be subject to the review and approval of the Township Engineer. Installation shall be in strict accordance with the membrane manufacturer's recommendation. If any voids due to karst geology are uncovered during excavation for the basin, then the procedure listed below shall be utilized.
(3) 
For any detention or retention basin within 200 feet of a closed topographical depression (including but not limited to sinkholes), in addition to the synthetic impermeable membrane required supra, excavation shall extend a minimum of two feet below the proposed level of subgrade material. All voids uncovered during such excavation shall be repaired under the direction of a professional geologist, or a professional engineer with demonstrable education or experience in geotechnical engineering. Fill material to the proposed level of subgrade material shall be clay, compacted to ensure a permeability of less than one by 10-7 centimeters per second. Permeability shall be measured and certified by a professional geologist, or a professional engineer with demonstrable education or experience in geotechnical engineering. A synthetic impermeable membrane shall be installed on top of the compacted clay layer. The proposed membrane material shall be subject to the review and approval of the Township Engineer. Installation of the synthetic impermeable membrane shall be in strict accordance with the membrane manufacturer's recommendations.
D. 
Disclaimer. Whereas the exact occurrence of sinkholes and other ground subsidence is not predictable, the administration of these regulations shall create no liability on behalf of the Township, the Township Engineer, Township employees or any Township agency as to damages which may be associated with sinkhole formation and other ground subsidence. Compliance with these regulations represents no warranty, finding, guarantee or assurance that a sinkhole or other ground subsidence will not occur on an approved property. The Township, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole or other ground subsidence activity.