Township of Jackson, PA Design Standards and Required Improvements

Access to streets.

All proposed subdivisions and land developments shall have adequate and safe access to the public street system.

Frontage.

Any lot created under this chapter shall have frontage and access onto a public street (which may be required to be improved as necessary under § 113-53J).

(b)

If a residential lot is adjacent to two streets, it shall only have vehicle access onto the street with the lesser classification. Such limitation shall be stated on the plan.

Street continuations.

(1)

Stub street right-of-way. Where deemed necessary by the Township for efficient movement of traffic, a subdivision or land development shall include the extension of a street right-of-way to the boundary line of the parcel proposed for development to provide for an eventual extension into the adjacent tract for efficient circulation of traffic throughout the area. If a stub street is constructed, see § 113-53H, which addresses temporary turnarounds.

(a)

Where a stub street exists on an adjacent property, a connection to that stub street is required to be built by the applicant/developer.

(2)

Widening. Where a subdivision or land development abuts or contains an existing street of inadequate cartway or right-of-way width, additional right-of-way and/or cartway width shall be required conforming with Table 10.1, Design Standards for Streets. See § 113-53J(3) concerning right-of-way and fees in lieu of widening.

Intersections.

(1)

The center lines of streets shall intersect at right angles.

(2)

Alignment of street intersections.

(a)

No more than two streets shall intersect at one point.

(b)

Where a proposed street or access drive intersects an existing cross street, such proposed street or access drive shall be aligned with any street intersecting on the other side of the cross street.

(c)

If a proposed street cannot intersect at the same location as a street on the other side of the cross street, then the proposed street shall be offset by the following minimum distances from the nearest intersection of streets:

[1]

One hundred fifty feet along a local street.

[2]

Four hundred feet along a collector street.

[3]

Eight hundred feet along an arterial street.

(d)

Measurement. The minimum distances of this subsection shall be measured between the points where the center lines of the rights-of-way of the intersecting streets intersect with the center line of the cross street.

(3)

At street intersections, curblines shall be rounded by arcs with the radii listed below, whichever is most restrictive. The right of way shall be maintained at least 10 feet from the inside of the curbline or edge of pavement.

	Type of Street	Minimum Radius of Arc at Intersection of Pavement Edge or Curbline (feet)
	Any street within an industrial district or that provides truck access to an industrial district	55
	At least one arterial street, other than above	40
	At least one collector street, but no arterial street, other than above	35
	Local streets, other than above	25

Arterial and collector street frontage. Where a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Township shall require:

(1)

The minimization of the number and length of driveway cuts or street intersections onto an arterial or collector street, which may include requiring the use of shared access drives between adjacent uses or lots;

(2)

The restriction of ingress and egress involving left-hand turns onto or off of the arterial or collector street with Township-approved medians, signage and/or other devices to prevent unauthorized turns; and/or

(3)

The prohibition of driveways from individual dwellings entering directly onto an arterial or collector street. If there is no alternative to this, each driveway entering onto an arterial or collector street shall have adequate turnaround space for vehicles provided within the lot so that vehicles do not back onto the street.

Street design standards.

(1)

Minimum street design standards shall be as shown in Table 10.1, unless PennDOT establishes a more-restrictive requirement along a state road. The definitions of types of streets in Article II shall apply.

(2)

Shoulders. In addition to the cartway widths stated above, any street that does not have curbs shall include appropriate six-foot-wide shoulders along each side of the cartway of an arterial street and four-foot-wide shoulders on each side of the cartway of any other street. See the Township Construction and Materials Specifications.[1]

[1]

Editor's Note: The Township Construction and Materials Specifications are on file in the Township offices.

(3)

Horizontal curves shall connect street lines with deflections. Vertical curves shall be used at all changes of grade. The length of the vertical curve shall be determined by the required site distance specified in Table 10.1.

(4)

All approaches to intersections shall have a leveling area not greater than 4% grade for a minimum distance of 25 feet, measured from the nearest edge of the cartway of the intersecting street.

(5)

The minimum grade of any street gutter shall be 1.0%.

(6)

A minimum tangent of 100 feet, measured from the edge of the cartway, shall be required between a curve and a street intersection where one of the intersecting streets is a collector or an arterial street.

(7)

Second access to development. Any subdivision or land development of more than 250 trips shall have at least two means of vehicle access into the development.

(8)

See § 113-53J regarding improvements to existing streets.

Street crown.

(1)

With the exception of alleys and divided streets, streets shall be constructed with a center-crowned cross section with a minimum slope of 2% and a maximum slope of 4% from the street center line, unless required otherwise by PennDOT for a state road.

(2)

An alley may have an inverted crown.

Table 10.1 Design Standards for Streets (all dimensions in feet unless specified)
		Type of Street
Design Specifications		Arterial	Collector	Local
Right-of-way width		80	60	50
Cartway width:
	With curbs on both sides and no on-street parking	32	32	N/A
	With curbs on both sides and on-street parking on 1 side	32	32	32
	With curbs on both sides and on-street parking on 2 sides	N/A	N/A	32
Plus acceleration/deceleration lane width (where determined to be needed by the Board of Supervisors or PennDOT)		11	11	N/A
Minimum tangent between reverse curves, measured along the street center line.		200	100	100
Minimum center line radii for horizontal curves		500*	300	200
Maximum grade**		6%	8%	10%
Minimum grade		1.0%	1.0%	1.0%

NOTES:	Minimum sight distances shall be required as provided in § 113-53G.
	*	Larger radii may be required as determined to be needed by the Township Engineer or PennDOT. The Township may approve reduced horizontal curve requirements if the applicant proves that the curve would not typically cause vehicles to cross the center line and if such reduction is proven to be necessary because of the unique conditions of the property.
	**	Up to 400 feet of length of a local street may have a maximum grade of 12% if the Township determines a less-steep grade is not feasible.

Clear sight triangle; minimum sight distance.

(1)

Clear sight triangle.

(a)

See the clear sight triangle requirements in § 133-26C of Chapter 133, Zoning.

(2)

Sight distances.

(a)

Unless a differing standard is specifically required by PennDOT along a state road, intersections must be designed to provide the minimum sight distances listed in Table 10.2, Required Sight Distance Table. The driver's eye shall be measured 10 feet back from the edge of the cartway. The height of the driver's eye shall be 3.5 feet above the road surface, and the height of the object shall be 3.5 feet.

Table 10.2 Required Sight Distance Table (distance in feet)
Speed (V) (miles per hour)	Average Grade (G) Percent
Positive Grades	0.0	+1.0	+2.0	+3.0	+4.0	+5.0	+6.0	+7.0	+8.0	+9.0	+10.0
25	147	145	144	143	142	140	139	138	137	136	135
30	196	194	191	189	187	185	183	182	180	178	177
35	249	245	242	239	236	233	231	228	226	224	221
40	314	309	304	299	295	291	287	284	280	277	274
45	383	376	370	364	358	353	348	343	339	334	330
50	462	453	444	436	429	422	415	409	403	397	392
55	538	527	517	508	499	490	482	475	468	461	454

Speed (V) (miles per hour)	Average Grade (G) Percent
Negative Grades	0.0	-1.0	-2.0	-3.0	-4.0	-5.0	-6.0	-7.0	-8.0	-9.0	-10.0
25	147	148	150	151	153	155	157	159	161	164	166
30	196	199	201	204	207	210	214	217	221	226	230
35	249	252	256	260	265	269	275	280	286	292	299
40	314	319	325	331	338	348	352	360	369	379	389
45	383	390	398	406	415	425	435	447	459	472	487
50	462	471	481	492	504	517	531	546	563	581	600
55	538	550	562	576	590	606	622	641	661	682	706

(b)

If the applicant proves to the Township that it is not possible to meet the required sight distances that are stated in PennDOT regulations, then the intersection shall be located at the point of maximum sight distances that are achievable within the street length of the property.

(c)

In the event that turning movements from an intersection are to be restricted, the applicant shall provide a detailed design of the proposed intersection and an engineering analysis of the anticipated impacts resulting from such restricted turning movements. The design and analysis shall be prepared by a professional engineer with expertise in traffic engineering and shall address the following:

[1]

The impacts on other lots and streets within the vicinity that may be used by motorists for turnarounds.

[2]

The impacts on public safety, considering sight distance and types of vehicles.

[3]

The provision of appropriate methods to ensure compliance with the turning restrictions, such as channelization, alignment, and signage. Such methods must meet applicable standards of PennDOT.

Cul-de-sac streets.

(1)

Cul-de-sac, cul-de-loop and P-streets shall be permitted with a maximum length of 800 feet and a minimum length of 250 feet.

(a)

Cul-de-sac streets shall be provided with a turnaround with a minimum paved radius of 40 feet to the face of the outside curb and a minimum radius of 50 feet to the legal right-of-way.

(2)

The circular right-of-way of the cul-de-sac shall maintain a minimum ten-foot width between the edge of paving and the edge of the right-of-way. The circular paving of the cul-de-sac shall be connected to the approach paving by an arc having a radius of not less than 50 feet.

(3)

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 two dwellings or lots. In such case, the temporary cul-de-sac land area that is excess shall revert to the adjacent landowners after the turnaround is no longer used.

(4)

The maximum cross slope on the circular part of a cul-de-sac shall be 6%.

(5)

A cul-de-sac street shall serve a maximum of 25 dwelling units or 250 trips per weekday for nonresidential uses.

(6)

A snow storage easement shall be established at the end of the cul-de-sac, which shall provide for proper drainage as the snow melts. This easement shall be located so that a snowplow can push snow relatively straight from the street to the far end of the cul-de-sac. This snow storage easement shall be located clear of any driveways and mailboxes and have a minimum width of 40 feet and minimum depth of 20 feet. The easement shall be grassed and maintained by the owner of the lot on which the easement is located.

(7)

The Township may require that a cul-de-sac street near the edge of a subdivision or land development include provisions to allow the street to be extended in the future onto an adjacent tract. This shall include provisions for a public street right-of-way to the edge of the tract. In such case, the construction costs to extend the street shall be borne by the adjacent developer in the future.

Street design standards.

(1)

Streets (and alleys, where provided) shall be graded, improved and surfaced to the grades and dimensions shown on plans, profiles and cross sections submitted by the developer and as approved by the Board of Supervisors and shall meet applicable Township standards.

(2)

Right-of-way grading.

(a)

The right-of-way shall be graded according to the approved cross-section and grading plan.

(b)

The finished street surface shall be crowned in conformance with the Township specifications.

(c)

A proper superelevation (banked curves) shall be provided on arterial and collector streets when required by AASHTO Design Standards.

(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 generally maintain the original directions of slope, except where stormwater runoff designs dictate changes.

(c)

Approved plans, either preliminary or final, showing proposed grading, shall be binding upon all future lot owners.

(d)

In no case shall the required street grading extend onto an adjoining property with a different landowner, unless the other adjoining property owner gives a written agreement to the developer to accomplish such work. A copy of such agreement shall be provided to the Township.

(4)

Stormwater design. Drainage of streets shall comply with Chapter 107, Stormwater Management.

(5)

Street construction standards. All materials, construction procedures and other specifications shall be in conformance with the Jackson Township Construction and Materials Specifications.[2]

[2]

Editor's Note: The Construction and Materials Specifications are on file in the Township offices.

(6)

Guide rails. Streets shall be designed with geometric features that minimize the need for guide rails. Guide rails shall only be installed where the result of striking an object or leaving the roadway would be more severe than the consequence of striking the guide rail.

(a)

Guide rails shall be installed by the developer where necessary to meet the guide rail standards in the PennDOT publication entitled "Guidelines for Design of Local Roads and Streets." Guide rails shall meet the construction standards of PennDOT Publication 408 and PennDOT Standards for Roadway Construction.

(7)

The Township will require an applicant to provide traffic and engineering studies for all proposed traffic control signs.

Required transportation improvements.

(1)

Purpose. In recognition of Sections 503(2)(ii) and 503(3) of the Municipalities Planning Code,[3] this section is primarily intended to ensure that streets bordering a subdivision or land development are coordinated and of such widths and grades and in such locations as deemed necessary to accommodate prospective traffic and to facilitate fire protection and to ensure that the access into and out of subdivisions and land developments is sufficiently safe.

[3]

Editor's Note: See 53 P.S. § 10503.

(2)

Process. This Subsection J shall be carried out through determinations of the Board of Supervisors, after considering any recommendations of the Planning Commission, the Township Engineer, the applicant, the applicant's professional representatives, any comments from PennDOT that may be provided regarding a state road, and any professional traffic studies that may have been submitted.

(3)

On-site/abutting traffic improvements. If, in the determination of the Board of Supervisors, there is a reasonable relationship between the need for an on-site improvement and the traffic created by a proposed subdivision or land development, the applicant for such subdivision or land development shall be required to complete the needed improvement or fund his/her fair share of the cost of such transportation improvement and to dedicate sufficient street right-of-way for needed improvements.

(a)

On-site improvements include all street improvements constructed on the applicant's property or the improvements constructed on the property abutting the applicant's property necessary for the ingress or egress to the applicant's property.

(b)

On-site improvements may include but are not limited to a new or upgraded traffic signal, land dedication to improve an abutting intersection, realignment of an abutting curve in a road or the widening of the abutting cartway and right-of-way.

(c)

Widening of abutting street. An applicant for any land development or subdivision shall be required to widen, pave and improve any abutting street and provide additional right-of-way as needed to meet current Township standards.

(d)

Existing streets with insufficient right-of-way. Where a public street exists with a right-of-way of less than the width required by this section, then, as part of any new subdivision or land development, additional right-of-way shall be dedicated to bring the adjacent street segment into conformance. For example, if a street has a thirty-three-foot-wide right-of-way, and a fifty-foot-wide right-of-way is required, and a subdivision only involves one side of the street, then the applicant shall dedicate 8.5 feet of additional right-of-way so that there is at least 25 feet of right-of-way from the original center line of the street.

(e)

Any improvement to a state road shall meet all PennDOT standards.

(f)

Fee in lieu of street improvements. Where this chapter would require widening of a street and/or the construction of curbing, and where the applicant desires to not complete such improvements, and where the applicant proves to the satisfaction of the Board of Supervisors that such widening and/or curbing is not essential at that location at the present time, then the Board of Supervisors may offer the option of a fee in lieu of the street widening or curbing.

[1]

The Township Engineer shall provide a review of the need for and cost of the street widening or curbing to the Board of Supervisors. The fee shall be equal to 100% of the estimated costs of the street widening and/or curbing, unless another fee is established by resolution of the Board of Supervisors.

(4)

Funding. In place of completing a required street improvement as a condition of final approval, an applicant may enter into a legally binding development agreement with the Township for the applicant to fund the improvement, or his/her fair share of such improvement, as determined by the Board of Supervisors.

(5)

Staging. Any completion or funding of a required improvement may occur in stages in relationship to the stages of the development, if so stated in a legally binding development agreement and/or as a condition of final plan approval.

Traffic impact studies.

(1)

Purposes:

(a)

To enable the Township to assess the impact of a proposed development on the transportation system.

(b)

To ensure that proposed developments do not adversely affect the transportation network.

(c)

To identify any traffic problems associated with access from the site to the existing transportation network.

(d)

To delineate solutions to potential problems and propose improvements to be incorporated into the proposed development.

(2)

Applicability.

(a)

A traffic impact study shall be required for any subdivision or land development that at build-out after completion of all phases is projected to generate 250 or more average daily trip ends. "Trip ends" shall mean the total number of trips both entering and exiting the proposed development. These projected trip ends shall be based on the latest edition of the publication titled “Trip Generation,” published by the Institute of Transportation Engineers, or upon traffic studies conducted within the last five years at comparable developments that are acceptable to the Township Engineer. The ITE land use codes shall be stated.

[1]

The traffic impact study requirements of this section shall still be met even if PennDOT requires a separate traffic impact study. However, the Township Engineer shall require technical adjustments in the traffic impact study provisions so there are not inconsistencies between the two sets of requirements. See PennDOT's HOP Handbook, Publication 282.

(b)

The traffic impact study shall consider the entire development at build-out. If a development is proposed to be submitted in phases, the initial traffic study shall consider a reasonable estimate of the likely development in later phases, in addition to the current phase.

(c)

The boundaries of the study area to be analyzed shall include those existing and proposed streets and intersections which may be affected by the proposed subdivision or land development. If there is any dispute as to whether existing and proposed streets and intersections may be affected or not, the final discretion shall rest with the Township Engineer or designated traffic engineer.

(d)

In lieu of submitting a traffic impact study, under the provisions of § 113-7, the Board of Supervisors may accept a fee from an applicant to be put towards the cost of a larger, more-comprehensive traffic study or to accept a developer making an improvement to a street that otherwise would not be required by the Township or PennDOT. For a larger traffic study, the Township shall have the authority to select a consultant or request that PennDOT conduct a study.

(e)

Prior to preparing a traffic impact study, the applicant is requested to meet with the Township Engineer, Township staff, officials of PennDOT and York County Planning Commission (YCPC) staff.

(3)

Traffic impact study contents.

(a)

Site description. This section shall include the location, proposed land uses, acreage, construction staging and completion date of the proposed land development. Types of dwelling units and number of bedrooms shall be included for residential developments, and gross and usable floor area for nonresidential developments. A brief description of surrounding land uses and other proposed land developments within the study area shall be provided. A study area map should also be included.

(b)

Transportation facilities description.

[1]

The study shall describe the proposed internal transportation system, including vehicular, bicycle, bus and pedestrian circulation, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations and any traffic controls within the site. If the site will be served by public transit, the study shall describe any benches, shelter or transit signs that will be provided.

[2]

The study shall describe the location and design of proposed access, including sight distance limitations and distance from adjacent driveways and intersections.

[3]

The report shall describe the external roadway system within the study area. Major intersections in the study area shall be identified and mapped. Pedestrian and bicycle facilities on abutting properties shall also be documented. All proposed or approved roadway improvements within the study area shall be noted.

[a]

As applicable, the study shall also assess transit service, rail freight operations, potential ride-sharing services and other modes of transportation and their impacts. The potential for a bus shelter at a public transit stop should be considered. The design of any new public transit stop or bus shelter shall be forwarded to the local public transit agency for comment.

[b]

The study shall also consider whether any improvements are needed to encourage bicycle or pedestrian access.

[4]

The report shall list the proposed timing of construction of transportation improvements, including current scheduling on the York Area Metropolitan Planning Organization (YAMPO) Transportation Improvement Program. If construction bid, let and completion dates have been determined, they shall be noted. If there are any conflicts between the scheduled completion of external road improvements versus transportation improvements to be completed within the development, the conflict shall be evaluated, with recommendations to resolve any conflicts. This section shall also consider the scheduled timing of any external public transit, rail or recreation trail improvements.

(c)

Existing traffic conditions.

[1]

Existing traffic conditions shall be documented for all streets and intersections in the study area. Traffic volumes shall be recorded for existing average daily traffic, for existing peak-hour traffic and for traffic during the development's peak hour. Complete traffic counts at all intersections in the study area shall be conducted, encompassing the peak hours of the development and roadway. If the use will not be open during a peak hour of adjacent traffic, that hour does not need to be evaluated. If a use/development will have a peak hour of traffic generation that is different from the peak hour of adjacent traffic, that peak hour for the use/development shall also be considered. A volume capacity analysis using the procedures of the current Highway Capacity Manual and based upon existing volumes shall be performed during the peak hour(s) of the development for the peak hour(s) of all roadways and major intersections in the study area. Levels of service shall be determined for each location.

[2]

The study shall include information on traffic accidents at intersections in the study area for the previous five years, if such information is available from PennDOT or local police. Safety conditions shall be assessed. Accident frequency per year should be noted.

(d)

Traffic impact of the development.

[1]

Estimation of vehicular trips to result from the proposal shall be completed for the peak hour(s) of both the street system and the development. Acceptable source(s) and methodology shall be followed. Data sources and study methodology shall be referenced in the report. These generated volumes shall be distributed to the study area and assigned to the existing streets and intersections throughout the study area. The report shall describe the basis for distributing trips in various directions. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to all access points.

[2]

Safety issues for any pedestrian crossings shall be described, including any need for improvements and whether the applicant proposes to fund such improvements.

[3]

The method of calculating trip generation shall be included. Any characteristics of the site that will cause trip generation rates that vary from the most current ITE Manual are subject to approval by the Township Engineer.

[4]

Calculations performed in the study analysis shall be included in an appendix of the report.

[5]

The distribution of trips and the assignment of percentages and volumes shall be presented in graphic form for each major intersection, along with an explanation of their derivation.

(e)

Analysis of traffic impact.

[1]

The study shall project future traffic conditions if the proposed subdivision/land development would not be built. This demand shall consist of the combination of the existing traffic expanded to the completion year through the use of an accepted background growth rate and the traffic generated by other proposed developments in the study area. To assist in determining the background growth rate, the Annual PennDOT Traffic Report shall be considered. A compound interest rate shall be used to calculate yearly estimate increases in background traffic.

[2]

The total future traffic demand based on full occupancy of the proposed subdivision or land development shall be calculated for the existing and proposed streets and intersections.

[3]

A volume/capacity analysis shall also be conducted using the total future demand and the future roadway capacity. This analysis shall be performed using the peak hour(s) for all streets and major intersections in the study area. The Township Engineer may also require this analysis to be conducted for the peak hour(s) of the development. Volume/capacity calculations shall be completed for all movements at major intersections. Levels of service for all streets and intersections shall be listed.

[4]

The study shall consider the opening year for the development. If the development will be phased, the study shall consider the year the first phase will be completed and the year when the entire development will be complete. The study shall also evaluate a time period 10 years after the opening year.

[5]

In addition to intersection analysis, the Township may require level-of-service analysis of a road corridor if a particular concern exists.

[6]

As applicable, the study shall analyze traffic signal warrants, traffic signal optimization, turn lane needs, right turn lane/deceleration lane needs, intersection gap analysis and queue analysis.

[7]

The analysis shall use the latest version of the Highway Capacity Manual software or its equivalent.

[8]

The study shall be conducted for improvements proposed to mitigate the traffic deficiencies that were identified, such as a new traffic signal.

[9]

Pedestrian circulation and transit service shall also be evaluated.

(f)

Conclusions and recommended improvements.

[1]

Any movements on streets and intersections within the study area showing a Level of Service E or worse, based on the latest edition of the Highway Capacity Manual, shall be considered deficient. Specific recommendations for the elimination of these problems shall be listed. Unsignalized intersections shall be evaluated for a signal warrant. Highway capacity evaluations shall consider not only the overall intersection level of service but also each approach and movement to identify any substandard values which need to be improved.

[2]

At all locations where the level of service for the completion year of the development is deficient without the proposed development, the study shall determine improvements which would provide a level of service and delay no worse than future conditions without the subject development. These improvements may include street and intersection design and improvements, traffic signal installation and operation, traffic signal timing and other improvements. The study shall also provide an analysis to determine improvements which would eliminate all deficient levels of service.

[3]

Actions to facilitate use of bus or van service and carpooling should be included, if applicable.

[4]

The listing of recommended improvements for both streets and transit shall include, for each improvement, the party responsible for the improvement, a preliminary cost estimate and funding of the improvement, and the phase of development during which the improvement is proposed to be completed. Any roadway improvement which requires increased right-of-way shall be identified. The study should estimate the applicant's fair share of the costs of the needed improvements. Calculations to support a fair-share allocation of costs shall be included in the appendix of the report.

[5]

The traffic impact study may be used as a basis for a Township requirement under § 113-53J or another section of this chapter

[6]

Improvement plans should not be submitted to the Pennsylvania Department of Transportation (PennDOT) before they are submitted to the Township. Approval of a site access plan by PennDOT does not guarantee approval by the Township and vice versa.

[7]

This section shall also address any pedestrian, bicycle, transit and rail freight issues. Any proposed railroad sidings or crossings shall be described, as well as any related safety issues.

[8]

See also the airport safety zones' provisions in Chapter 133, Zoning.

(g)

Preparation and review. The preparer of the traffic impact study shall be a professional engineer or transportation planner. The developer shall reimburse the Township for reasonable fees and expenses incurred by the Township Engineer or traffic engineer for the review of the developer's traffic impact study and plans.

(h)

Data sources and methodology shall be included in the report.

§ 113-54 Access drives and driveways.

Construction standards. See the Township Construction and Materials Specifications.[1]

[1]

Editor's Note: The Township Construction and Materials Specifications are on file in the Township offices.

Access; state roads. A state highway occupancy permit is required for all access onto or work within the right-of-way of a state road. A Township driveway permit shall be obtained before any vehicle access is allowed from a state road or Township-owned street.

(1)

The applicant shall comply with any requirement of PennDOT to provide advance notice to the York County Planning Commission of a driveway highway occupancy permit application.

Additional requirements. See §§ 133-34 and 133-35 of Chapter 133, Zoning.

Drainage. The developer shall make adequate provisions to maintain uninterrupted parallel drainage along a 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.

Shoulder. The grade of the shoulder of a road shall be maintained along its length and shall not be filled in to allow the construction of a driveway or access drive at a higher grade.

Shared driveways. A shared driveway serving more than one lot shall only be approved if a variance is secured from the Township Zoning Hearing Board.

Turnarounds. For lots abutting collector or arterial streets, driveways shall be designed with a location on the lot to turn a vehicle around, so as not to require a vehicle to back out onto that collector or arterial street.

§ 113-55 Off-street parking connections.

Interconnected parking lots. Adjacent to a collector or arterial street where two lots that are each intended for current or future business uses will be contiguous to each other, the following shall apply:

(1)

When two contiguous business uses or lots are in common ownership at the time of subdivision or land development application, the parking lots shall include an interconnection to allow motorists and pedestrians to travel from one business to another business without needing to reenter a public street.

(2)

Where two contiguous lots involving current or future businesses are not in common ownership, the applicant for a subdivision or land development shall seek permission from the abutting lot owner to allow a vehicle interconnection between the parking lots. Unless the abutting property owner refuses to permit the interconnection, the subdivision or land development shall include the construction of a vehicle and pedestrian interconnection between the parking areas.

(a)

If the abutting property owner refuses to permit the interconnection or the interconnection is currently not feasible, the Board of Supervisors may require that the subdivision or land development include an easement allowing a future interconnection and/or construct the interconnection as a stub up to the applicant's property line.

(3)

Where an interconnection is required or planned between two uses or lots, the subdivision or land development shall include a suitable cross-easement that permits vehicles and pedestrians from one use or lot to have access through the parking lot and driveway of the adjacent use or lot.

§ 113-56 Sidewalks, pathways and driveway aprons.

Sidewalks built to Township specifications shall be required, unless the Board of Supervisors determines they are not necessary for safe pedestrian movement or unless the applicant proves that sidewalk construction is not feasible considering the topography or other natural limitations. In any case, sidewalks shall not be required along single-family detached dwelling lots of greater than 20,000 square feet in lot area, unless the Board of Supervisors determines that a situation exists that is exceptionally hazardous to pedestrians and/or is within close proximity to a public school or is needed to tie into an existing walkway system.

(1)

An applicant may propose an alternate system of pathways that serve the same purposes as sidewalks and which guarantee public access but which are not necessarily within a street right-of-way.

Pathway or bikeway.

(1)

If deemed necessary for the convenient and safe circulation of bicycles and pedestrians, the Board of Supervisors, upon the recommendation of the Planning Commission, may require that a major subdivision or land development include the construction of a pathway or bikeway.

(2)

A bikeway/pathway shall have a minimum width of eight feet and a maximum width of 12 feet. It may be required to be placed within a street right-of-way in place of a sidewalk or may be placed elsewhere on a lot within an easement or other right-of-way.

Location and width of sidewalks.

(1)

Sidewalks, where required or provided, shall be located within the street right-of-way and should be no closer than four feet from the curbline. Any area between the sidewalk and curb shall be planted in an attractive vegetative ground cover, such as grass. This strip shall only be paved at driveway entrances.

(2)

Any required sidewalks shall have a minimum width of five feet along arterial streets or along routes used to access primary or secondary schools and four feet along collector or local streets in other locations.

Construction.

(1)

Sidewalks shall meet construction specifications in the Township Construction and Materials Specifications.[1]

[1]

Editor's Note: The Township Construction and Materials Specifications are on file in the township offices.

(2)

Bikeways/pathways shall be constructed of a one-inch bituminous surface course, a one-and-five-tenths-inch bituminous binder course, and six inches of compacted gravel or crushed stone, unless an alternative standard is preapproved by the Township. To the maximum extent feasible considering topography, pathways should be accessible to persons in wheelchairs. Stop signs shall be posted along bikeways where they meet streets. Pedestrian advisory signs shall be posted along streets where they meet bikeways/pathways.

Accessibility requirements. Federal ADA requirements shall be met.

Maintenance. It shall be the responsibility of adjacent landowners to maintain, plow snow and remove ice off of and repair sidewalks.

§ 113-57 Illumination.

Where a use involves exterior lighting, the lighting must be so located and shielded that no objectionable illumination or glare is cast upon adjoining properties or any adjacent public street. To allow performance evaluation, a lighting plan is required.

Applicability.

(1)

Outdoor lighting shall be required for safety and personal security for uses that operate or have activity during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: residential developments containing lot sizes of less than 20,000 square feet, residential developments of greater than 10 lots, multifamily residential developments, and commercial, industrial, municipal, recreational and institutional developments.

(2)

The Township Supervisors may require that lighting be incorporated for other uses or locations or restrict lighting in any of the above uses when deemed necessary to accomplish the purposes of this chapter.

(3)

The glare-control requirements herein contained apply to lighting in all above-mentioned uses, as well as but not limited to sign, architectural, landscape, recreational and residential lighting.

(4)

Temporary decorative lighting may be exempt from the requirements of this chapter when approved by the Zoning Officer for periods of short duration.

Criteria.

(1)

Illumination levels.

(a)

Lighting, where required or permitted by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA), as contained in the IESNA Lighting Handbook or separately in IESNA Recommended Practices.

(b)

Future amendments to said recommended practices shall become a part of this chapter without further action of the Township.

(c)

Examples of intensities for typical outdoor applications, as extracted from the Lighting Handbook, are presented below but are not all inclusive.

	Use/Task		Maintained Footcandle	Uniformity Ratio
[1]	Streets, local commercial		0.9 avg.	6:1 avg:min
	Streets, local residential		0.4 avg.	4:1 avg:min
[2]	Parking, multifamily residential
		Low vehicular/pedestrian activity	0.2 min.	4:1 avg:min*
		Medium vehicular/pedestrian activity	0.6 min.	4:1 avg:min*
[3]	Parking, industrial/commercial/institutional/municipal
		High activity, e.g., regional shopping centers/fast-food facilities, major athletic/civic/cultural events	0.9 min.	4.1 avg:min*
		Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 min.	4:1 avg:min*
		Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 min.	4:1 avg:min*
[4]	Sidewalks, walkways, and bikeways
		Commercial	1.0 avg.	5:1 avg:min
		Residential	0.5 avg.	5:1 avg:min
[5]	Building entrances, commercial, industrial, institutional		5.0 avg.	—
[6]	Service station pump islands		20:0 avg.	4:1 avg:min
[7]	Car dealerships		20.0 avg.	5:1 max:min

	Notes:
		1.	Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
		2.	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for high-activity commercial parking, the average illuminance shall not exceed 3.6 footcandles (0.9 x 4).
		*	In no case shall the maximum to minimum uniformity ratio for parking be in excess of 20:1.

(2)

Lighting fixture design.

(a)

Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Township Supervisors.

(b)

For the lighting of predominantly horizontal surfaces, such as but not limited to roadways, areas of vehicular and pedestrian passage, loading areas, and parking areas, fixtures, whether freestanding, wall-mounted, or any other type, shall be aimed straight down and shall meet IESNA full-cutoff criteria.

(c)

Where the use of fixtures meeting IESNA full-cutoff criteria is not practical or possible, fixtures shall be equipped with aiming and/or light-redirecting devices such as shields, visors, baffles, skirts or hoods when necessary to direct or redirect offending light distribution.

(d)

The use of floodlighting, spotlighting, noncutoff wall-mounted fixtures, internally illuminated decorative globes and spheres, lanterns and other fixtures not meeting IESNA full-cutoff criteria shall be permitted only with the approval of the Township, based upon acceptable justification and achievement of adequate glare control.

(e)

National Electrical Manufacturers' Association (NEMA) - head fixtures, also known as "barn lights" or "dusk-to-dawn lights," shall not be permitted where they are visible from other uses, unless fitted with a reflector or shield to render them full cutoff (i.e., shielded to prohibit light emission at a ninety-degree angle or greater).

(3)

Control of nuisance and disabling glare

(a)

All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

(b)

The use of floodlights and spotlights shall be so installed or aimed that they do not project their output beyond the boundaries of the property on which they are located.

(c)

Unless otherwise permitted by the Township Supervisors, e.g., for safety or security or businesses that operate all night or past 11:00 p.m., lighting for commercial, industrial, municipal, recreational and institutional applications shall be controlled by automatic switching devises, such as time clocks or combination motion detectors and photocells, to permit reducing or extinguishing outdoor lighting fixtures between 11:00 p.m. and dawn to mitigate light trespass, nuisance glare and skylighting consequences.

(d)

Lighting proposed for use after 11:00 p.m., or after normal hours of operation of a business, whichever is earlier, for commercial, industrial, institutional or municipal applications shall be reduced by at least 50% from then until dawn, unless supporting a specific purpose and approved by the Township Supervisors.

(e)

All illumination for advertising signs, buildings and/or surrounding landscapes for decorative, advertising or esthetic purposes is prohibited between 11:00 p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business and until one hour after closing.

(f)

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles and appropriate application of fixture-mounting height, wattage, aiming angle and fixture placement.

§ 113-58 Streetlighting.

Streetlights shall be provided and installed by the developer along streets within and abutting a proposed subdivision or land development in the following situations:

(1)

Two lights at an intersection of two or more streets; and

(2)

At other locations where the Board of Supervisors deems them necessary to provide safe traffic or pedestrian circulation, to illuminate curves in streets or to illuminate the more-isolated areas of a development.

Such lights shall meet Township Construction and Materials Specifications.[1]

[1]

Editor's Note: The Construction and Materials Specifications are on file in the Township offices.

The developer shall coordinate with the electric utility regarding the responsibilities between the developer and the utility and shall reimburse the utility for its reasonable costs for such work.

Private lighting. On all private streets, parking areas and other areas requiring lighting, the developer shall provide materials, installation, energizing and power for all lighting systems necessary for security and public safety. A system acceptable to the Township shall be established for the maintenance of such lights.

§ 113-59 Street names.

Street names are subject to the approval of the Township.

Names shall continue the name of any street with the same or similar alignment.

Names shall not duplicate or be closely similar to the name of another street within the Township and the same fire company or ambulance service district and the same five-digit zip code area. The street names shall be submitted for acceptance and must be approved by the United States Postal Service and York County 911 Service Center.

§ 113-60 Regulatory signs.

The developer shall install Township-specified, or shall reimburse the Township for the costs of supplying and installing, needed traffic regulatory signs and street name identification signs on public streets. The developer shall be responsible to provide and install signs on private streets. All traffic regulatory signs shall meet current standards of PennDOT.

§ 113-61 Street trees, landscaping, and preservation of trees.

Street trees. Within and abutting all land developments and major subdivisions, along any existing or proposed street, or any access drive serving more than one commercial, industrial or institutional principal use or any access drive serving five or more dwelling units, street trees are required to be planted. However, street trees shall not be required along a single-family detached residential lot or agricultural lot with a lot area of greater than three acres or where the Township determines that existing healthy trees proposed to be preserved will serve the same function.

(1)

The Board of Supervisors may approve other species of trees than those listed below if the applicant proves to the satisfaction of the Supervisors that the trees would be sturdy and resistant to disease and road salt.

(2)

A tree required by this section shall be of the following species. This list shall not regulate types of trees that are not required to be planted by this chapter.

	Acer rubrum - American red maple
	Acer saccharum - Sugar maple
	Carpinus - Hornbeam
	Celtis occidentalis - Common hackberry
	Fagus sylvatica - European beech
	Fraxinus pennsylvania - Green ash
	Fraxinus americana - White ash
	Ginko biloba fastigiata - Maiden hair tree (male only)
	Gleditsia triacanthos - Thornless locust or honey locust
	Liriodendron tulipifera - Tulip poplar
	Prunus sargentii - Sargent cherry
	Quercus - all varieties of oak
	Tilia americana - American linden
	Tilia petiolaris - Silver linden
	Tilia euchlora - Crimean linden
	Tilia cordata - Little leaf linden
	Ulmus - hybrids: homestead or sapporo autumn gold
	Ulmus parviflora - Chinese or lacebark elm, not including siberian elm
	Zelkova serrata - Zelkova

(3)

In certain cases where evergreen trees would provide a buffer between a street and dwellings or be more consistent with native vegetation, then the Township may permit the planting of evergreen trees instead of deciduous trees. In such case, the trees are intended to be planted immediately outside of the right-of-way. Such trees shall be of one of the following species:

	Ilex opaca - American holly
	Picea - all varieties of spruce
	Pinus - all varieties of pine
	Pseudotsuga taxifolia - Douglas fir

(a)

If more than 10 trees are required to be planted, then no more than 50% shall be of one species.

(4)

Quality of trees.

(a)

Trees 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.

(5)

Minimum sizes and standards. The trunk diameter (measured at a height of 3.5 feet above the finished grade level) of deciduous shade trees required by this chapter shall be a minimum of three inches. The minimum height above the ground level at the time of planting of evergreen trees required by this chapter shall be six feet.

(6)

Planting and maintenance.

(a)

Trees shall be planted 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, raised earth, protective devices and/or sufficient setback.

(c)

Required trees shall be properly maintained and shall not be removed without being replaced by another tree that meets the requirements of this section.

(7)

Required number and spacing of street trees.

(a)

Along streets and access drives where street trees are required, an average of one 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. Where a right-of-way does not exist, an average of one street tree shall be required for every 50 feet of length of cartway.

(b)

Spacing. The trees required under this section shall be spaced throughout the development along the street but are not required to be planted at exact intervals and may be clustered following an approved plan. Trees shall be located so that they do not restrict sight distance at driveway and street intersections.

(8)

Location of street trees. The trunks of required street trees shall be planted outside of the street right-of-way but within the front yard area unless an alternative location is specifically approved by the Township or required by PennDOT. Where trees are not allowed in a location because of a sight distance issue, the trees shall be planted at other locations on the tract.

(9)

Other requirements. The street trees required under this section shall be in addition to any trees required under other Township regulations.

Buffer yards. See the requirements in Chapter 133, Zoning. A buffer yard required under Chapter 133, Zoning, shall include the following:

(1)

Vegetative screenings shall include a variety of deciduous and evergreen species that are indigenous to the area so as to provide a year-round visual buffer. Trees and shrubs used for screening shall consist of at least 50% evergreen trees and shrubs and shall be so arranged as to provide an immediate visual screen of 50%. Evergreen trees shall be at least six feet in height at the time of planting.

(2)

Vegetative screening shall incorporate earthen mounds or berms to improve sound as well as visual buffering and shall be broken at points of vehicular or pedestrian access.

(3)

Plant material used in the screen plantings shall be at least six feet in height when planted and be of a species which will produce a complete visual screen of at least eight feet in height at maturity.

(4)

No plantings shall be placed with their center closer than five feet from the property line of the tract.

(5)

Existing trees within the required screen buffer strip shall be preserved wherever possible.

(6)

Screenings shall be designed so the clear sight triangles at intersections are not obstructed.

(7)

Screen buffers comprised of evergreen plantings shall also be required for the following conditions:

(a)

All service, delivery, loading and outdoor storage and trash disposal areas shall be screened from all residential uses, public streets, parking lots and pedestrian walkways.

(b)

All ground-level mechanical equipment not enclosed in a structure shall be fully and completely screened.

Preservation of existing trees.

(1)

Purposes: to protect wildlife and bird habitats, encourage groundwater recharge, reduce air pollution, avoid pollution of creeks by high-temperature runoff, maintain the attractive character of residential areas and conserve energy.

(2)

See the provisions for forestry in Chapter 133, Zoning,.

(3)

Tree cutting.

(a)

The number of trees with a trunk diameter of six inches or more, measured at a height of 4.5 feet above the average surrounding ground height, that are cut down or effectively killed as part of a subdivision or land development (or in preparation to or as a result of such activity) shall be held to an absolute minimum, except:

[1]

As is approved under the Chapter 133, Zoning, as a forestry operation; and/or

[2]

For the routine thinning of woods.

(b)

All trees and vegetation shall be removed from all existing and proposed road rights-of-way.

(4)

Protection of trees during construction.

(a)

Reasonable efforts shall be taken during any construction to ensure the protection of trees protected by this section to ensure that the trees are not accidentally injured or killed. These efforts shall ensure that equipment does not damage tree trunks, that roots are not compacted by vehicles and that the grade level around trees is not changed by more than eight inches. Temporary barricades shall be placed around the root systems of trees.

(b)

If an approved subdivision or land development plan states that certain trees are to be preserved, and if those trees are killed, then the developer shall be required to replace those trees with new mature trees, in addition to any other penalties provided in this chapter.

Landscape plan. A landscape plan shall be required for each major subdivision plan or land development plan at the plan submittal stages.

(1)

Components of landscape plan. The following shall be required for each landscape plan submitted:

(a)

Any part or portion of the site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks, paths and patios and designated storage areas shall be planted and maintained with landscaping.

(b)

The location, dimension and spacing of required plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, including wind, moisture and sunlight.

(c)

The type(s) of plantings shall be limited or carefully selected for locations where they will not be disturbed and so they do not contribute to conditions hazardous to the public safety. Such locations include but shall not be limited to public rights-of-way, underground and aboveground utility rights-of-way, and sight triangle areas required for unobstructed views.

(d)

No bushes or shrubs exceeding 30 inches in height, or at such lesser height which due to ground elevations would obstruct the vision of motorists, shall be permitted within 10 feet of the street right-of-way line adjacent to driveways and access drives.

(2)

Maintenance/replacement guaranty. An eighteen-month maintenance and replacement guaranty in a form acceptable to the Township shall be provided by the developer and/or contractor implementing the landscape plan. It shall commence upon final inspection and approval by the Township of all landscape elements shown on the landscape plan.

Parking area landscaping.

(1)

Landscaping shall be required for any parking area which provides more than 10 parking spaces, to reduce heat and noise and the glare of vehicle lights; to reduce the level of carbon dioxide; to improve stormwater control; and to replenish the groundwater table.

(2)

A minimum of 10% of any parking lot facility over 2,000 square feet in gross area (as measured to and from the outside edges of paving) shall be devoted to landscaping. All planting beds within a parking lot shall be surfaced in natural lawn or ground cover planting.

(3)

The interior of each parking lot shall have at least one three-inch-caliper deciduous shade tree for every five parking spaces, if there are no existing shade trees to satisfy this requirement. Shrubs and other plant materials are encouraged to be used to complement the trees but shall not be the sole contribution to the landscaping. These trees shall be in addition to those required as a screen/buffer.

(4)

Landscaped planting areas shall be reasonably dispersed throughout the parking lot. Such areas shall be located along sidewalks or walkways, in traffic separation islands, at the end of parking aisles or bays, and can be located between parking stalls or spaces. In addition, where there are more than 20 parking spaces, landscaped areas at least 10 feet wide shall be provided around the periphery of parking areas. Such areas shall, at a minimum, extend the full length and width of the parking areas, except for necessary accessways.

§ 113-62 Curbs.

Curbs shall be required, unless the Board of Supervisors deems they are not necessary based upon review by the Township Engineer. In deciding whether to require curbs, the Township should consider whether the curbs are needed to continue existing curbing along an existing street, whether they are needed for stormwater management purposes, and/or whether they are needed for road edge stabilization.

If curbs are not provided, appropriate stabilized drainage channels designed to meet Chapter 107, Stormwater Management, shall be required along all streets, within the street right-of-way, or drainage easements.

Required curbs shall meet the following specifications, unless other specifications are preapproved by the Township:

(1)

Only straight or slant concrete curbs shall be provided, unless a modification is approved under § 113-7. Such curbs shall meet standards of the Township Construction and Materials Specifications.[1]

[1]

Editor's Note: The Construction and Materials Specifications are on file in the Township offices.

(2)

Gutter design shall be subject to the approval of the Township Engineer based upon standard engineering practices.

Fees in lieu of curbing. See § 113-53J.

§ 113-63 Blocks.

Maximum length. Residential blocks shall not exceed 2,000 feet in length in subdivisions using an average lot size of one acre or larger and shall not exceed 1,500 feet in length in subdivisions having an average lot size less than one acre.

(1)

Pedestrian crossings. The Board of Supervisors may require that a pedestrian access easement be provided to provide pedestrian access where street connections are not available to serve the same purpose. For a crosswalk on a street, the developer shall provide pavement markers and curb cuts in conformance with Township Materials and Construction Specifications.[1]

[1]

Editor's Note: The Construction and Materials Specifications are on file at the Township offices.

(2)

Future streets. Blocks shall be considered to be separated by the reservation, as part of an approved subdivision plan, of a fifty-foot minimum right-of-way reserved for a future cross-street, such as a street which is intended to serve future interior lots. Such future street is not required to be constructed until such time as the lots fronting on it are subdivided. Such right-of-way shall be retained in the same ownership as the abutting interior lot(s) until a street may be developed. Potential future street extensions shall be shown on the plan.

Blocks shall be of sufficient width to permit two tiers of lots, except where access is limited by virtue of an adjoining arterial street or by virtue of topographic limitations.

§ 113-64 Lots.

Zoning. All lots shall conform to all requirements of Chapter 133, Zoning, as were in effect at the time such subdivision plan was duly submitted.

Street frontage. Section 113-53A(2) shall apply.

Side lot lines shall abut and be approximately at right angles to straight street rights-of-way and on radial lines to curved street rights-of-way. Pointed or very irregularly shaped lots shall be avoided.

Double-frontage lots shall ordinarily not be created except as needed to avoid direct vehicular access onto an arterial or collector street.

(1)

Rear yard buffers along collector or arterial streets.

(a)

Any residential lot of less than two acres with a rear yard directly abutting a collector or arterial street shall, along such rear yard, include a ten-foot-wide planting strip along the back of the lot, in addition to the minimum yard requirement, with access across this strip clearly prohibited on notes on any approved plan.

(b)

In addition to any street trees required by § 113-61 of this chapter, this planting strip shall include evergreen plantings meeting the buffer yard requirements of § 113-61 or alternative landscaping approved by the Township. American arborvitae and similar weak-stem plants shall not be used.

§ 113-65 Recreation areas and fees.

Purposes:

(1)

To provide adequate open spaces, recreational lands and recreational facilities to serve new inhabitants/occupants of new developments, for both active and passive recreation.

(2)

To recognize and work to carry out the recreation plan portion of the Joint Comprehensive Plan for Jackson Township, which is the adopted recreation plan for the Township.

Applicability. This section shall apply to any subdivision or land development for which a final plan or a combined preliminary/final plan is submitted after the enactment date of this amendment.

(1)

This § 113-65 shall not apply to plans that the Township determines only involve adjustments or corrections to an approved preliminary plan or a preliminary plan that was actively before the Township for consideration as of the date of the adoption of this section, provided that the adjustments do not increase the number of proposed dwelling units.

Limitations on use of fees.

(1)

Any fees collected under this section shall be placed within the Township Recreation Escrow Fund, or its successor account.

(2)

To make sure that the lands and facilities are accessible to the inhabitants of the developments that paid fees towards their cost, such fees should only be used within a five-mile radius of the boundaries of the subdivision or land development that paid the fees, unless the fees are used within a recreation area open to the public that the Township intends to serve the entire Township.

(3)

Such fees shall only be used for the following: acquisition of public open space/recreation land and related debt payments, development of public recreational facilities, landscaping of public open space, and necessary engineering and design work for those endeavors.

Land to be preserved. Any subdivision or land development regulated under this § 113-65 shall be required to preserve the specified amount of recreation land, unless the Board of Supervisors and the applicant mutually agree that recreation fees shall be required in lieu of land.

(1)

As a general nonbinding guideline, it is the intent of this section that smaller developments (such as 10 or fewer dwelling units) that do not include land that is adjacent to existing publicly owned land shall be encouraged to pay a recreation fee in lieu of dedicating land. However, if the applicant refuses to pay such fees, then recreation land shall be required to be dedicated.

(2)

The land and fee requirements of this section shall be based upon the number of new dwelling units that would be allowed on the lots of a subdivision or land development after approval.

(3)

Prime recreation land. For the purposes of this section, the term "prime recreation land" shall mean land proposed to be established as recreation land that would meet all of the following standards:

(a)

Less than 6% slope;

(b)

Not a wetland under federal and/or state regulations;

(c)

Be adjacent to a contiguous parcel of at least two acres (which may include existing adjacent recreation land) or be contiguous to an existing or planned recreational trail system; and/or

(d)

Not be within the one-hundred-year floodplain, as defined by official floodplain maps of the Township.

(4)

Amount of recreation land. If a subdivision or land development is required to include recreation land, the following amounts for each permitted new dwelling unit shall apply:

	Percentage of the Total Required Recreation Land that Would Meet the Definition of Prime Recreation Land	Minimum Required Recreation Land Per Permitted Dwelling Unit (square feet)
	0% to 25.0%	5,200
	25.1% to 75.0%	2,600
	75.1% to 100%	1,300

Fees. If the Board of Supervisors determines that a proposed subdivision or land development is required to pay fees in lieu of dedicating recreation land, this fee shall be $1,500 for each new dwelling unit, unless such fee is revised by a future amendment by the Board of Supervisors.

Decision on land vs. fees. The Board of Supervisors shall determine whether a land dedication would be in the public interest or whether the payment of fees is required. This initial determination should, but is not required to, be made at the time of sketch plan review. The Township should, at a minimum, consider the following in this decision:

(1)

Whether the land in that location would serve a valid public purpose.

(2)

Whether there is potential to make a desirable addition to an existing public or school district recreation area or to create a greenway along a creek.

(3)

Whether the proposed land would meet the objectives and requirements of this section and any relevant policies of the Township Comprehensive Plan and any recreation plan.

(4)

Whether the area surrounding the proposed development has sufficient existing recreation and open space land and whether it is possible for pedestrians and bicyclists to reach those lands.

(5)

Any recommendations that may be received from the Planning Commission, the Township Engineer, the local school board or school district staff and the Township Parks and Recreation Board.

Recreation land to be preserved.

(1)

Suitability. Recreation land shall be suitable for its intended purpose, in the determination of the Board of Supervisors. The applicant shall state, in writing, what improvements, if any, he/she will commit to make to the land to make it suitable for its intended purpose, such as grading, landscaping, or development of trails. Such land shall be free of construction debris at the time of dedication. Proposed recreation land shall be suitable to meet the needs of the residents of the development.

(2)

Ownership. Required recreation land shall be dedicated to the Township, unless the Board of Supervisors agrees to accept a dedication to any of the following: the school district, the county, the Bureau of State Parks, the State Fish and Boat Commission, the State Game Commission, a similar governmental agency, an incorporated property owners' association (such as a homeowners' or condominium association) or an established environmental organization acceptable to the Board of Supervisors. In the case of a rental development, the Township may permit the recreation land to be retained by the owner of the adjacent principal buildings.

(a)

If recreation land is to be owned by a property owners' association, the developer shall be required to establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the recreation land.

[1]

Any property owners' association agreements regarding required recreation land shall be subject to acceptance by the Board of Supervisors, based upon review by the Township Solicitor.

[2]

Prior to the sale of any dwelling unit or lot, all deeds shall require each property owner to pay fees on a regular basis for the maintenance and other expenses of owning such land. The property-owners shall be incorporated with covenants and bylaws providing for the filing of assessments. After providing notice to affected owners, the Township shall have the authority to establish municipal liens upon all properties in the association to fund maintenance of the land and Township legal costs if the property owners' association does not fulfill its responsibilities.

[3]

An orderly process shall be established for the transfer of the land to the association. The dedication of maintenance responsibilities by a developer to a property owners' association shall not occur until such association is incorporated and able to maintain such land.

(b)

Transfer to another entity. If the approved plan states that ownership of and/or responsibility to maintain the recreation land are given to a particular entity, then any transfer of ownership or responsibilities to another entity shall require preapproval by the Board of Supervisors. Where land is to be owned by a conservation organization, a process shall be established for the land to transfer to a different organization if the first organization is not able to fulfill its obligations.

(c)

The Board of Supervisors shall have the authority to refuse to accept an offer of dedication of recreation land to the Township and/or to determine that an offer does not meet Township requirements.

(3)

Easements. Any required recreation land dedication shall include a conservation easement to permanently prevent its development for buildings, except buildings for approved types of noncommercial recreation or to support maintenance of the land. Such conservation easements shall, at a minimum, be enforceable by the Board of Supervisors. The Supervisors may require that the easements also authorize their enforcement by a suitable third party.

(4)

Priorities. Priority shall be given to dedication of land that would be suitable for:

(a)

Additions to existing public schools and public parks;

(b)

Preservation of woods, steep slopes or other important natural features or land along a creek; or

(c)

For centralized active recreation.

(5)

Suitability. Land that is not suitable for active or passive recreation shall not be permitted to meet the requirements of this section. Any land area used to meet the requirements of this § 113-65 shall meet the definition of "recreation land." Portions intended for active recreation shall be well-drained, of less than 6% average slope and not require filling in of a wetland for use.

(6)

Access and contiguousness. Recreation land within a subdivision or land development shall be contiguous, except as may be specifically exempted by the Board of Supervisors, if necessary considering the unique features of the site, and shall have a minimum of 20 feet of road frontage at a location that allows access for maintenance and access by pedestrians.

(7)

Other ordinances. Any required land dedication or fees under this section shall be in addition to any land dedication or improvement requirements of any other Township ordinance. However, the Board of Supervisors may allow common open space provided under a Zoning Ordinance provision to also count towards the recreation land requirement if the land will be improved for recreation, capable of meeting all of the requirements of this section, and be available without charge on a daily basis to the public.

(8)

Residual lands. If only a portion of a larger parcel(s) of land is currently proposed to be subdivided, or the applicant owns one or more adjacent parcel(s) that are not currently proposed to be subdivided, the applicant shall provide a sketch of a possible future land dedication on these adjacent lands. The intent is to coordinate current plans with any future development, even in the long-term.

(9)

Coordination with future adjacent dedication. The Board of Supervisors may require that a required land dedication within a property currently being subdivided be placed along an edge of the property so that it may, in the future, be combined with a recreation land/open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed.

Combination of land and fees. Upon mutual agreement of the Board of Supervisors and the applicant, the Township may accept a combination of recreation land and fees in lieu of land to meet the requirements of this section for a subdivision or land development. This combination shall be based upon the recreation land requirement applying for a certain number of dwelling units and the fee in lieu of land requirement applying for the remaining development. For example, if a development included 25 dwelling units, recreation land could be required for 15 dwelling units and fees could be required for 10 dwelling units.

Timing of residential fees. Fees required by this section for all of the dwelling units shall be paid prior to approval of the final plan.

Facilities in place of land or fees. An applicant may submit a written request for a modification of the requirements of this section by offering to construct substantial permanent recreation facilities within the proposed subdivision or land development or on public parkland. Such modification shall only be approved if the applicant clearly proves to the satisfaction of the Board of Supervisors that the facilities will serve a valid public purpose, will be designed following modern standards in a durable manner and will have a higher market value than the land or fees that would otherwise be required.

(1)

An exemption to these requirements may also be approved by the Board of Supervisors if the applicant donates or sells at a reduced price appropriate public recreation land to the Township or the school district. In such case, the applicant shall provide a written appraisal from a qualified professional that the market value of the donation or price reduction is greater than the value of the fee or land requirement that is exempted. In such case, the land shall be determined to be suitable for public recreation by the Board of Supervisors.

§ 113-66 Stormwater management and floodplain protection policy.

See the provisions of Chapter 107, Stormwater Management, and Chapter 69, Floodplain Management.

Detention basins.

(1)

Areas of stormwater basins shall be maintained by mowing, dredging and debris removal.

Stormwater easements.

(1)

Where required. Where a subdivision or land development is traversed by a watercourse, drainageway, channel or stream that the Township Engineer determines is subject to significant stormwater flows, there shall be provided a drainage easement established along the following:

(a)

The one-hundred-year floodway, where that is defined;

(b)

Where a one-hundred-year floodway is not defined, a width shall be used that includes a minimum of 50 feet on each side of the top of the primary bank of the waterway.

(2)

The drainage easements required by the above Subsection B(1) are intended to preserve the unimpeded flow of natural drainage and to provide for future possible widening, deepening, relocating, improving or protecting of such drainage facilities. The Township Engineer may require up to a five-tenths-foot freeboard and/or an additional ten-foot building setback if deemed necessary along newly constructed watercourses.

(3)

The applicant shall prove that he/she notified adjacent downstream property owners of the discharge onto their property.

(4)

Areas where stormwater easements have or will be granted shall not be obstructed during or after construction.

(5)

See also the easement requirements in § 113-69C of this chapter, including provisions regarding maintenance and obstructions.

Floodplain regulations. See the Township floodplain regulations in Chapter 133, Zoning, and Chapter 69, Floodplain Management, and the relevant provisions of the State Uniform Construction Codes.

§ 113-67 Sanitary sewage disposal systems.

In general.

(1)

All subdivisions and land developments shall be served with an approved and adequate sewage disposal system (either on-lot or public) that will meet state and Township regulations.

(2)

Public sewage connections. Any principal building or use within a subdivision or land development that generates wastewater and that, in the determination of the Board of Supervisors, based upon the advice of any applicable municipal authority and the Township Engineer, could reasonably connect into a public sewage system shall be required to connect into that system.

(a)

In general, a subdivision or land development shall be expected to connect to a public sewage system if a suitable line is available for connection within 1,000 feet from the subdivision or land development. This requirement shall not apply to land within the AP or RC Zoning District.

(b)

The applicant shall be responsible to pay such reasonable capital expenses that are necessary for such connection.

Central sewage service.

(1)

If a municipality or a municipal authority is to provide the central sewage service, such agency shall have the authority to approve or reject the proposed sewage collection system.

(2)

Nonpublic sewage service. If nonpublic central sewage service is proposed, the Board of Supervisors shall have the authority to permit or not permit such service to meet the sewage requirements of this section based upon:

(a)

Whether public sewage service is expected to be available within five years of the date of preliminary plan approval;

(b)

Whether the proposed system would be consistent with the Township's Official Sewage Facilities Plan; and

(c)

Whether the system would include an appropriate permanent system for professional operation and maintenance.

On-lot sewage disposal system.

(1)

If connection to a public sewage system is not required at the time of occupancy, and if a nonpublic central sewage system is not approved by the Township under the Township Sewage Facilities Plan, then each lot shall be required to be served by an on-lot sewage disposal system that will meet all applicable state regulations. Each such proposed location shall be tested and approved by Township Sewage Enforcement Officer prior to approval of the final plan. See the requirements of the DEP for a planning module.

(2)

Portable chemical toilets allowed as per DEP regulation or other approved privies shall not be used as a primary method of sewage service for a subdivision or land development that operates more than 10 days in any calendar year, other than publicly owned outdoor recreation uses and construction sites.

(3)

Each new lot using on-lot septic service shall include a tested alternate septic system location meeting all DEP regulations, which shall be kept available for use if needed.

(4)

The applicant shall submit results or a summary of the results of required on-lot septic tests and shall show approved test locations on the preliminary plans in accordance with DEP planning module requirements.

Laterals. Each lot with central sewage service shall be served by a separate sewage lateral.

§ 113-68 Water supply systems, fire hydrants and fire protection.

In general.

(1)

All subdivisions and land developments shall be served with an adequate on-lot or central water supply system that will meet DEP and Township requirements.

(2)

Required connections to central water systems.

(a)

The Board of Supervisors, after requesting 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 an existing public or Township-approved central water system where the Board of Supervisors determines that such connection would be feasible and cost-effective, considering the distances that the lines would need to be extended and the average cost per dwelling or lot. In general, a subdivision or land development shall be expected to connect to a public water system if a suitable line is available for connection within 1,000 feet from the subdivision or land development. This requirement shall not apply within the AP or RC Zoning District.

(b)

If an applicant does not wish to extend central water service, then the Township may require the applicant to provide a comparison of the estimated total costs of extending the central water service vs. the total costs of developing wells. Such cost comparison shall be prepared by a professional and be provided to the water supplier and the Township Engineer for review. This analysis is intended to assist the Township in determining whether a water extension would be reasonable. The Township shall also have the authority to require a subdivision or land development to include an extension of central water service if such service is needed to resolve a significant public health or safety hazard or where such extension is required by another ordinance or utility agreement.

(3)

Private water system.

(a)

The Board of Supervisors, based upon recommendations of the Township Engineer, may require or permit the development of a new private central water system if such system can reasonably be expected to be connected into an extension of an existing central water supplier within 10 years.

(b)

Such system in that case shall be constructed following official standards of the water supplier to which it is intended to be connected.

(c)

In such case, the approved plan should include a specific provision offering dedication of such system to the central water supplier in the future, without any purchase cost by such central water supplier.

Central water supply system.

(1)

Water supplier approval. Proposed extensions of central water systems shall meet all applicable procedures, reviews and requirements of any appropriate municipal authority or water company. Such extension shall be approved by such agency prior to final plan approval, although specific detailed service agreements are not required to be signed until prior to recording.

(2)

Nonpublic supplier. Any new central water system that is not owned by a public authority or municipality shall be found to be acceptable in capacity, pressure, design and construction by the Board of Supervisors, based upon review of the Township Engineer. The Board of Supervisors may deny permission for a subdivision or land development to be served by a nonpublic central water system if such system cannot guarantee sufficient water pressure and capacity and would not include a suitable process for long-term operation and maintenance. The applicant may be required by the Township to establish a test well prior to recording of any lots to show that adequate water will be available and that there is provision for a backup well.

On-lot water system (wells).

(1)

Well locations. When a subdivision or land development is not required to connect to a central water system, acceptable locations for wells shall be shown on plans, and each well shall be set back a minimum of 100 feet from any on-lot septic system.

(2)

Setback. Wells should be located no closer than 15 feet from any future street right-of-way.

Fire hydrants. All subdivisions and land developments that will be served by central water service shall provide fire hydrants as needed with appropriate water pressure so that hydrants are spaced a maximum of 750 feet apart, measured along vehicle travel distance.

(1)

The fire hydrants shall have connections compatible with those used by the Township fire companies.

(2)

Fire flows shall not be less than 500 gallons per minute in single-family detached residential areas and 1,000 gallons per minute in other developed areas, at 20 pounds per square inch residual pressure.

§ 113-69 Waste dumpsters, utilities and utility easements.

Utilities. All electric power service lines (as opposed to distribution lines) and all telephone, cable television (where available) and natural gas service lines within a new subdivision or land development shall be placed underground.

Dumpsters. All apartment developments shall include conveniently located refuse collection facilities for the residents. All uses within nonresidential land developments and subdivisions shall include appropriate refuse collection facilities. All bulk refuse collection dumpsters shall be screened on three of four sides by walls or evergreen landscaping from view of public streets and as required by § 133-46 of Chapter 133, Zoning. Dumpster areas should not be placed in areas of the site where garbage trucks can block access drives or parking spaces.

Easements. Easements shall be provided as follows:

(1)

Stormwater drainage, sanitary sewage, central water, emergency access and other types of easements shall be provided as determined to be needed by the Township and as indicated on the plans.

(2)

Locations. All lots shall include a stormwater drainage and utility easement around the perimeter of each lot, including adjacent to the street right-of-way. However, such easements shall not be required where buildings are to be attached at a lot line.

(3)

Width. The standard minimum width of a stormwater drainage or underground utility easement shall be 15 feet, which may be reduced to 10 feet for each lot if a ten-foot minimum easement exists on the abutting side of the abutting lot.

(4)

See also drainage easement provisions in § 113-66 of this chapter.

(5)

Additional width of easements shall be provided if required by the utility provider or the Board of Supervisors, based upon advice of the Township Engineer. The easement widths along side lot lines may be reduced if Chapter 133, Zoning, allows a principal building setback that is more narrow than the width of the easement that would otherwise be required.

(6)

Separation. Minimum separation distances between utility lines shall be as required by the applicable utility or as deemed necessary by the Township Engineer.

(7)

Pipelines. If any activity is proposed within the right-of-way of an underground fuel or gas pipeline, the applicant shall provide written evidence from the operator of such pipeline that such activity is acceptable under its safety standards and the terms of that right-of-way.

(8)

Maintenance and obstructions. The owner of the lot shall maintain an easement in such a condition that does not inhibit its intended purpose(s). Fill or structures shall not be placed in an easement in a way that inhibits its intended purpose(s). Specifically, structures or grading that could alter or obstruct stormwater flows in violation of the approved final plan shall be prohibited within stormwater easements.

(9)

Township entry. The Township, at its option, shall have the right to enter a stormwater easement or any municipal easement to maintain it or improve it for its intended purpose(s), although the Township does not accept the responsibility to complete such work.

§ 113-70 Monuments and markers.

Monuments.

(1)

Location. For a major subdivision, permanent reference monuments shall be located at each intersection of rights-of-way of street(s) constructed by the developer, at the beginning and ending of all street curves, and at exterior corners of the subdivision or land development. For a minor subdivision, two permanent monuments shall be required, preferably at the street right-of-way line. Alternative monument requirements may be approved by the Board of Supervisors upon recommendation of the Township Engineer if an alternate arrangement still permits 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 or other materials preapproved by the Township Engineer and should have a minimum size of 4 x 4 inches at the ground level and shall have the top flush with the grade level.

Markers. All lot corner markers shall be permanently located and shall be at least a three-fourths-inch metal pin or pipe with a minimum length of 20 inches, located in the ground to existing grade. Such markers shall be located prior to the lot being offered for sale.

§ 113-71 Erosion control and grading.

Ground cover and topsoil. After completion of construction on a lot, all exposed ground surfaces that are not paved and that are not covered by approved gravel areas or decorative stones or similar material shall be covered by a minimum of four inches of topsoil and a vegetative ground cover that will prevent soil erosion and the raising of dust.

Erosion control.

(1)

Any earth disturbance shall be controlled by proper measures to prevent soil erosion and sedimentation, following DEP regulations and standards of the County Conservation District.

(a)

A soil erosion and sedimentation control plan is required to be submitted to the County Conservation District and found to be acceptable for most types of earth disturbance under the state regulations.

(b)

Compliance with such plan shall be an automatic condition of any approval or permit under this chapter.

(c)

Township permits may be suspended if earth disturbance does not comply with such approved plan.

(2)

Both the owner of the property at the time of any earth disturbance and the person(s)/company accomplishing the work shall be responsible to ensure that adequate erosion control measures are used.

Grading plans. In order to provide more-suitable sites for building and other uses, to improve surface drainage, and to control erosion, the following requirements shall be met:

(1)

Plan requirement.

(a)

A grading plan shall be required for each major subdivision plan or land development plan at the plan submittal stages.

(b)

Grading plans shall be required to show proposed grading for each individual lot within all major subdivision plans and all land development plans.

(2)

All lots, tracts, or parcels shall be graded in accordance with Chapter 107, Stormwater Management, to provide proper drainage away from buildings, prevent any surface runoff from ponding, and all other stated purposes of such chapter.

(3)

Grading shall be done in such a way so as to not divert water onto the property of another landowner without the express consent of the Township and the notification of the landowner.

(4)

During grading operations, necessary measures for off-premises dust and mud control shall be exercised at all times in accordance with approved erosion and sedimentation control plans.

(5)

Grading equipment shall not be permitted to cross through streams. Provisions shall be made for the installation of temporary culverts and/or bridges as necessary, and such crossings shall be permitted in accordance with requirements of the Pennsylvania Department of Environmental Protection.

(6)

Excavations and fills.

(a)

Cut and fill slopes shall be no steeper than 2:1, unless stabilized by a retaining wall or cribbing, except as approved by the Township Engineer under special conditions.

(b)

Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

(c)

Cut and fills shall not endanger or encroach upon adjoining property.

(d)

Fills shall be placed and compacted so as to minimize sliding or erosion of soil.

(e)

Fill shall not encroach on watercourses.

(f)

Fill places adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

Topsoil preservation. In addition to any requirements necessary for erosion and sedimentation control plan approval by the York County Conservation District, topsoil moved during the course of construction shall be redistributed on all regraded surfaces and shall be stabilized by seeding or planting.

Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of as provided by law. No tree stumps or portions of tree trunks or limbs shall be buried anywhere on site.

§ 113-72 Natural feature regulations.

Development along streams and wetlands.

(1)

Any street, driveway or utility crossing of a perennial stream shall be approximately perpendicular to the stream, to the maximum extent feasible. As part of any street, driveway or utility construction within or adjacent to a stream, the applicant shall complete remedial measures to mitigate the impact upon the stream, including planting of trees and thick lower-level vegetation and use of best management practices.

(2)

Areas within 50 feet from the top of the primary bank of a perennial stream shall not be occupied by any of the following: a new building, new or expanded vehicle parking, or new or expanded business outdoor storage.

(3)

No new or expanded building, vehicle parking or business outdoor storage area shall be located less than 20 feet from a wetland. A wetland shall be an area defined under state or federal regulations as a wetland, whichever is more inclusive. A setback shall not apply to wetlands that the applicant proves to the satisfaction of the Township Engineer were clearly man-made, such as within detention basins or man-made drainage ditches.

(4)

Vegetation. Where existing trees and/or shrubs are removed from lands that are less than 50 feet from the top of the primary bank of a perennial stream as part of, or in preparation for, a subdivision, land development or permitted construction of a new building, then new trees and shrubs shall be planted and maintained. The new trees and shrubs shall have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed. Mature healthy trees shall only be removed within this fifty-foot-wide area as part of a development where there is no feasible alternative, such as to allow a utility crossing.

Preservation of existing trees. See § 113-61C.