A. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety, morals, and general welfare.
B. 
Where literal compliance with the standards specified herein is clearly impractical, the Board of Supervisors may, upon the written request of the applicant, modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of this chapter. Such modifications, together with the reasons therefor, shall be in writing.
C. 
Where areas or instances of design arise not directly addressed by this chapter, the guidelines, policies, and standards of practice of the Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Resources, the U.S. Department of Agriculture Soil Conservation Service, the U.S. Department of Transportation, Montgomery County Soil and Water Conservation District, the American Society of State Highway and Transportation Officials, the American Society of Civil Engineers, the Institute of Traffic Engineers and other generally recognized design authorities shall be consulted and observed by the applicant. In all instances where the minimum standards of design are not sufficient to protect the health, welfare, and safety of the public, the Board of Supervisors, upon the advice of the Township Planning Commission and Township Engineer, reserves the right to require higher standards of design.
The following principles of subdivision and land development, general requirements, and minimum standards of design shall be observed by the applicant in all instances:
A. 
All subdivisions shall conform to design standards that will encourage good development patterns within the Township. All subdivisions shall conform to the streets, drainage right-of-way, school sites, public parks and playgrounds, etc., as shown on the officially adopted Comprehensive Plan of Towamencin Township, as last amended.
B. 
All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created. Exceptions may be made at the discretion of the Board of Supervisors, upon recommendations from the Township Planning Commission, when a limited number of lots (comprising no more than 15% of the total area of any tract) are created, which clearly will not affect the ultimate development of a particular tract. The burden of proof is on the applicant to show that limited subdivision will not affect the ultimate development of the entire tract.
C. 
Whenever possible, applicants shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks. The applicant should refer to the Comprehensive Plan of Towamencin Township, as last amended, to help identify features worthy of preservation.
D. 
Subdivision and land developments should be laid out so as to avoid the necessity for excessive cut or fill unless specifically warranted by terrain or location.
E. 
Floodplain areas shall not be subdivided or developed except in strict compliance with the standards and requirements of the floodplain section of this article[1] and the Township Zoning Ordinance,[2] as last amended.
[1]
Editor's Note: See § 136-519, Floodplain areas.
[2]
Editor's Note: See Ch. 153, Zoning.
F. 
Where no centralized water supply is available to the subdivision or land development, the Board of Supervisors may require the subdivider, developer, or builder to obtain from the Department of Environmental Resources certificates of approval as to the quality and adequacy of the water supply proposed to be utilized by the subdivider, developer, or builder, and approval of the type and construction methods to be employed in the installation of the individual water supply system, in accordance with current state and Township regulations. Consideration should be given to the probability of an eventual interconnection with a centralized water system in the future.
G. 
The subdivision plat shall be planned, designed, constructed and maintained to require the minimum feasible amounts of land coverage, and the minimum feasible disturbance of soil and site by grading, excavation and other land alterations.
H. 
The subdivision plat shall be planned, designed, constructed and maintained to avoid substantial probabilities of:
(1) 
Accelerated erosion;
(2) 
Pollution, contamination, or siltation of water bodies including ponds, lakes, rivers, and streams;
(3) 
Damage to vegetation to remain in the subdivision;
(4) 
Injury to wildlife and fish habitats.
I. 
Where the subdivision or land development is inaccessible to sanitary sewers, the Board of Supervisors shall require the subdivider, developer or builder to obtain from the Department of Environmental Resources, the Montgomery County Health Department and Towamencin Township certificates of approval of the sewage disposal facilities to be provided by the subdivider, developer or builder, in accordance with current state regulations.
J. 
Applicants shall observe the ultimate rights-of-way for contiguous existing streets as prescribed by the Ultimate Right-of-Way Map for the Township. Additional portions of the corridors for such streets shall be offered for dedication, when required by the Township, to the governmental agency having jurisdiction. Applicable building setback lines shall be delineated as measured from the ultimate right-of-way. Additional right-of-way may be necessary at intersections for turning lanes.
K. 
Proposed subdivision and land development shall be coordinated with the existing nearby neighborhood so that the community, as a whole, may develop harmoniously.
L. 
Improvement construction requirements will be completed under specifications of the Pennsylvania Department of Transportation; Montgomery County Public Works Department, Roads and Bridges Division; Department of Environmental Resources; the Montgomery County Conservation District; the Upper Gwynedd-Towamencin Municipal Authority; Towamencin Township or other appropriate agencies or the specifications included herein, whichever specifications shall result in the more favorable interpretation of this chapter.
M. 
Construction of facilities. The subdivider, developer or builder shall, where specified by the governing body, construct and install with no expense to the Township the streets, curbs, sidewalks, water mains, sanitary and storm sewers, streetlights, fire hydrants, street signs, shade trees, monuments and other facilities and utilities specified in this article. The construction and installation of such facilities and utilities shall be subject to inspection by appropriate Township officials during the progress of the work, and the subdivider shall pay for inspection.
A. 
In reviewing subdivision plans, the Township Planning Commission shall consider whether community facilities in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision and shall make such report thereon as it deems necessary in the public interest.
B. 
Subdividers shall reserve land for both public and quasi-public community facilities and will reserve areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings, and parks, playgrounds and playfields.
C. 
Areas provided or reserved for such community facilities should be suitably prepared to provide for such use.
D. 
Prior to the preparation of plans, subdividers of large tracts shall review with the Township Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.
E. 
Parks, recreation, and open space land. Except as already provided within the MRC District, the Township Planning Commission shall consider the need for suitable open areas for recreation and shall make a recommendation thereon. Standards to be used by the Township Planning Commission in determining space for recreation shall be as follows:
Dwelling Units
Minimum Playground and Neighborhood Park Acreage
1 to 49
1.5 to 2.5
50 to 100
2.5 to 3.5
100 to 200
3.5 to 5.0
200 to 400
5.0 to 7.0
For each additional 100 units
1.0 to 2.0
NOTE: A fee may be required in lieu of dedication.
(1) 
Provision shall be made for suitable open space for parks, playgrounds, and recreational areas (hereafter called "open space"), with consideration being given to the preservation of natural features, including large trees, groves of trees, waterways, scenic points, historic points, and other community assets.
(2) 
Amount. Land for open space shall be provided in any subdivision or land development as follows:
(a) 
Single-family residential. For any subdivision or land development of one or more units, there shall be set aside for open space 2,000 square feet (185.8 square meters) of land for each and every dwelling unit, excluding existing dwelling units. Such land shall meet the requirements of Subsection E(3) hereof.
(b) 
Multifamily residential.
[1] 
The following shall apply:
Multifamily Residential Dwelling Units Per Developable Acre
Percent of Total Gross Area
1 to 4
3% + 2% x No. of Dwelling Units/Acre
5 to 8
8% + 1% x No. of Dwelling Units/Acre
[2] 
Such land shall meet the requirements of Subsection E(3) hereof.
(c) 
Nonresidential.
[1] 
Open space shall be provided in conjunction with development of all nonresidential uses including, but not limited to, the following, except as hereafter provided for: Shopping Center, Commercial, and Village Commercial, Planned Business Campus, Limited Industrial, and Institutional, by setting aside 10% of the gross area of the tract being developed. Such land shall meet the requirements of Subsection E(3) hereof.
(d) 
Fee in lieu of.
[1] 
In lieu of requiring the open space for residential or nonresidential uses as set forth above, the Board of Supervisors and applicant may agree for the payment, in lieu of the dedications as set forth in this chapter, of certain payments or capital contributions.
[2] 
With regard to Shopping Center, Commercial and Village Commercial, Planned Business Campus, Limited Industrial and Institutional, a payment as adopted by resolution of the Board of Supervisors for each 3,000 square feet (278.7 square meters) or part thereof of building area.
(3) 
Open space land.
(a) 
Land to be provided for open space in connection with a subdivision or land development shall be suitable for its intended purpose. The following shall not be included in the calculation of required open space land:
[1] 
Impervious surface coverage; for example, public or private streets or parking areas;
[2] 
Retention/detention basins;
[3] 
Public or private utility easements;
[4] 
Any area conveyed to the owner or occupant of a dwelling such as yard areas;
[5] 
More than 30% of required buffer yard areas.
(b) 
The land to be provided shall be set aside as contiguous parcels unless the subdivision or land development is of such a size as determined by the Board of Supervisors as to warrant the development of separate open spaces, to serve different parts of the tract. Any parcel provided as open space shall be accessible from a public street.
(c) 
Land required to be set aside under Subsection E(2) above shall be offered for dedication to the Township of Towamencin for open space use. As part of the provision of public improvements with respect to development of the subdivision or land development, the developer shall make provisions for improvements, if any, required to make the open space area usable for its intended purposes. Such improvements shall be shown on the plans prior to final approval by the Township together with a note setting forth that the parcels are offered for dedication to the Township. Provision for the cost of improvements shall be made in the development agreement and necessary funds escrowed or otherwise provided for in the same manner as other funds are provided for the costs of other public improvements. A Phase I environmental study shall be completed by the applicant for all lands to be dedicated to the Township. Five copies of the study shall be submitted to the Township for review.
(d) 
In the event that the Township does not wish to accept the dedication of the proposed open space land required to be set aside under Subsection E(2) above, the developer shall, as part of the final approval of the development plan, present a plan subject to the approval of the Township for the perpetual maintenance of such open space land as, for example, a homeowners' association or similar entity.
(e) 
Where the Board of Supervisors and applicant/developer determine, in their judgement, not to require the provision of land pursuant to Subsection E(2)(a), (b), or (c) above, as a whole or in part thereof, for open space, the developer shall be required to pay a fee in lieu of the provision of open space as set forth by resolution of the Board of Supervisors for each proposed dwelling unit or each 3,000 square feet (278.7 square meters) of building area of a nonresidential use in the subdivision or land development. Such a fee shall be payable at the time of final approval of the development plan. All monies paid under the provisions of this subsection shall be set aside in a separate account to be used for the acquisition and improvement of parks, and open space.
(f) 
Fees collected under this section will be deposited in an interest-bearing account identifying it as being set aside for recreational purposes and will be used within a period of three years in accordance with the Township Park and Recreation Plan. It is understood that said plan, from time to time, may be amended and funds collected under this chapter shall be used in order to effectuate the plan as currently existing or as further amended.
F. 
Minimum land area. An individual area of less than two acres (8,094 square meters) shall not be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area unless such smaller area is approved by the Township Planning Commission and Supervisors as, for example, to provide a tot lot.
G. 
Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield, or for other recreation purposes, and shall be relatively level and dry, not within an area subject to flooding; and shall be improved by the developer to the standards required by the Board of Supervisors upon the recommendation of the Township Planning Commission which improvements shall be included in the performance guarantee.
H. 
Open space. When open space is required by the Township, the subdivision or land development plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained, and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the Township, and shall be noted on all deeds.
I. 
Plotting of recreation areas.
(1) 
When applicable, the location of the open space shall conform to the Towamencin Township Comprehensive Plan and Park and Recreation Plan, as last amended. In addition, due consideration must be given to the preservation and maintenance of natural features, including large trees, groves, walkways, scenic points, historic spots, and other community assets.
(2) 
When open space is intended for active recreational purposes:
(a) 
At least one side of the recreation area shall abut a street for a minimum distance of 50 feet (15.24 meters) for access; and
(b) 
A Type-B buffer, as described in this chapter, shall be provided when such activities abut residential uses.
J. 
Open space designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in Subsection J(1), (2) and (3) below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All subdivision plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designation use and maintenance, the following classes may be used:
(1) 
Lawn. A grass area, with or without trees, which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance.
(2) 
Natural area. An area of natural vegetation undisturbed during construction, or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees and brush shall be removed, and streams shall be kept in free-flowing condition.
(3) 
Recreation area. An area designated for a specific recreation use including, but not limited to, tennis, swimming, shuffleboard, playfield, and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
(4) 
Agricultural area. An area designated for family vegetable plots or to be leased for an agricultural use.
K. 
Open space performance guarantee. The Board of Supervisors may require that all landscaping, planting, and installation of recreation facilities be provided by the developer. In such event, the guaranteed installation of all improvements shall be provided in accordance with this chapter.
L. 
Conveyance and maintenance of open space. All open space shown on the final development plan as filed in the office of the Township Secretary of Towamencin Township and subsequently recorded in the office of the Recorder of Deeds of Montgomery County, must be conveyed in accordance with one or more of the following methods:
(1) 
Dedication in fee simple to the Township of Towamencin.
(a) 
The Township may, but shall not be required to, accept any portion or portions of the open space, provided:
[1] 
Upon the recommendation of the Towamencin Township Planning Commission, it is determined that such land is suitable regarding size, shape, location, access and/or the Township Open Space and Recreation Plan, the Board of Supervisors may determine that such lands will benefit the general public of Towamencin Township;
[2] 
The Township agrees to and has access to maintain such lands;
[3] 
There is no cost involved to the Township;
[4] 
The Board of Supervisors may adopt a resolution for acquisition of such land upon the acceptance of a deed of dedication for the landowner, provided the applicant has agreed to contribute to an open space escrow fund of a suitable amount, which shall be used only for the purposes of open space capital improvements and maintenance.
(2) 
By conveying title (including beneficial ownership) to a corporation, homeowners' association, funded community trust, condominium or other legal entity.
(a) 
The terms of such instrument of conveyance must include provisions suitable to the Township for guaranteeing:
[1] 
The continued use of such land for the intended purpose;
[2] 
Continuity of proper maintenance for those portions of the open space requiring maintenance;
[3] 
The availability of funds required for such maintenance;
[4] 
Adequate insurance protection;
[5] 
Provisions for payment of applicable taxes;
[6] 
Recovery for loss sustained by casualty, condemnation, or otherwise;
[7] 
Such other covenants and/or easements that the Township shall deem desirable to fulfill the purposes and intent of this chapter.
(b) 
The following are prerequisites for such a corporation or association:
[1] 
Membership must be mandatory for each buyer and/or lease and any successive buyer and/or lease;
[2] 
It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise, and the maintenance of recreational and other facilities;
[3] 
Members or beneficiaries must pay their pro-rata share of the costs, and the assessment levied can become a lien on the property;
[4] 
It must be able to adjust the assessment to meet conditions;
[5] 
Such corporation or association shall not be dissolved nor shall it dispose of the open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the Township before any such sale or disposition of the open space.
(c) 
The dedication of open space, streets, or other lands in common ownership of the corporation, association or other legal entity, shall not be subject to reversion for possible future use for nonrecreational development.
(d) 
It is mandatory that the recorded plan and the deeds indicate that there shall be no additional development. The open space shall be restricted against any future building, development or use except as is consistent with that of providing for the continuance of agricultural uses and/or open space for recreation, conservation, and aesthetic satisfaction of the residents, or uses for noncommercial recreational or cultural purposes compatible with the open space objectives may be permitted only with the express approval of the Township, following approval of the building site and operational plans by the Township.
(e) 
All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Township Solicitor as to legal form and effect and of the Township Planning Commission as to suitability for the proposed use of the open space.
(3) 
By conveying the restrictive covenants, conservation easements or other legal device running to the Township of Towamencin or a controversy, corporation, funded community trust, or other legal entity, a portion of a building lot in excess of the minimum lot size as required by the Zoning Ordinance,[1] as last amended, may qualify as open space, provided:
(a) 
The terms of such instrument of conveyance must include provisions to the Township for guaranteeing the continued use of such land for the preservation of open space.
(b) 
Each owner of the open space shall be responsible for liability insurance, taxes, recovery of loss sustained by casualty, condemnation or otherwise, and the general maintenance thereon.
(c) 
It is mandatory that the recorded plan and the deeds indicate that there shall be no structures or fences. The open space shall be restricted against any future building, development or use except as is consistent with that of providing for the continuance of open space.
(d) 
All documents pertaining to the conveyance of these rights for open space purposes shall meet the approval of the Township Solicitor as to legal form and effect and to the Township Planning Commission as to suitability for the proposed use of the open space and be approved by the Board of Supervisors as part of the final plan approval.
[1]
Editor's Note: See Ch. 153, Zoning.
A. 
General.
(1) 
All street pavement, shoulders, drainage improvements and structure, curbs, turnarounds, and sidewalks shall conform to all construction standards and specifications as set forth in this chapter, the Towamencin Township Engineering Standards,[1] as last amended, along with the Towamencin Township Streets, Curbs and Sidewalks Ordinance,[2] as last amended, or as required by the Township Engineer in the plan review process. Such improvements shall be incorporated into the construction plans required to be submitted by the developer for final plan approval.
[Amended 7-10-2013 by Ord. No. 13-06]
[1]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
[2]
Editor's Note: See Ch. 133, Streets, Curbs and Sidewalks.
(2) 
All access driveways and private streets shall be constructed to the standard applicable for public streets.
(3) 
Adequate provision shall be made for culverts, drains, and bridges.
(4) 
Bridges of primary benefit to the applicant, as determined by the Board of Supervisors, shall be constructed at the full expense of the applicant without reimbursement from the Township. The sharing expense for the construction of bridges not of primary benefit to the subdivider, as determined by the Board of Supervisors, will be fixed by special agreement between the Board of Supervisors and the applicant.
(5) 
Subdivisions that adjoin or contain existing Township, county, or state streets that do not conform to widths as set forth in this subsection shall have dedicated additional width along either one or both sides of said street. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
(6) 
All new streets and rights-of-way intended for public use shall be dedicated to the Township unless waived by the Board of Supervisors.
B. 
Location of streets.
(1) 
Conformance with adopted plans. The proposed street pattern shall be properly regulated to existing streets, to the Township plan of streets and to such county and state road and highway plans as have been duly adopted by that agency.
(2) 
Arrangement. Streets shall be arranged in a manner to meet with the approval of the Board of Supervisors, considered in relation to both existing and planned streets, and located so as to allow proper development of surrounding properties. Local access streets shall be laid out to discourage their use as feeder or higher class streets. Township Planning Commission shall provide a recommendation to the Board of Supervisors regarding the proposed street arrangement.
(3) 
Local access streets shall be so designed as to discourage through traffic.
(4) 
If, in the opinion of the Township Planning Commission, it is desirable to provide for street access to adjoining property, streets shall be extended to the boundary of such property.
(5) 
Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites. Streets shall be so arranged to be generally parallel rather than cross contour lines as well as to prevent the necessity for excessive cut and fill.
(6) 
Streets shall be laid out as to avoid hazard areas such as floodplains, cliffs and steep slopes, large ravines, etc. A dual means of access which does not go back through the same hazard area shall be provided for all lots when one of the streets into a subdivision crosses through a hazard area.
(7) 
Grading. The street shall be graded to the full width of the right-of-way, in conformance with Township specifications.
(8) 
Provisions of streets for future development. Access shall be given to all lots and portions of the tract in the subdivision and to adjacent unsubdivided territory. Streets giving such access shall be improved to the limits of the subdivision when required by the Township. Remnants, reserve strips and landlocked areas shall not be created.
(9) 
New streets. New streets shall be laid out to continue existing streets at equal or greater right-of-way and cartway widths, where practical.
(10) 
Dead-end streets. Dead-end streets are prohibited, unless designed as cul-de-sac or designed for access exclusively to neighboring tracts.
(11) 
Street names. Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets. All street names are subject to the approval of the Township. The Township has a list of approved street names which shall be utilized by the applicant to name streets.
C. 
Private driveways.
(1) 
Where private drives are permitted (drives not to be offered for dedication and included within the lot area of residential, commercial and industrial land developments for purposes of internal circulation, service and access to parking and loading areas), the minimum width of cartway for an internal private drive shall conform to Towamencin Township Engineering Standards,[3] as last amended. A private drive shall not be a through street and shall be intended only for the internal use of the land development.
[3]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
(2) 
All driveways shall conform with Towamencin Township Engineering Standards, as last amended, along with the Towamencin Township Driveway Ordinance,[4] as last amended, with the most stringent standards being applicable.
[4]
Editor's Note: See Ch. 67, Driveways.
D. 
Partial or half streets.
(1) 
New half or partial streets and temporary turnaround will not be permitted, except where essential to the reasonable subdivision of a tract in conformance with the other requirements and standards of this chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be obtained.
(2) 
Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider to the Township. The Township may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within his own subdivision boundaries.
(3) 
The subdivider shall provide the entire required right-of-way or as much thereof as is possible within his property, along all existing streets that traverse or abut his property.
(4) 
Where a subdivision borders an existing narrow road or when the Township's Comprehensive Plan, as last amended, or Traffic Study, as last amended, or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate such areas for widening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the applicant to the full width as required by these subdivision regulations.
(5) 
Where a subdivision borders an adjacent undeveloped parcel, the Township may require improved stub streets to the adjacent property line. Temporary turnarounds may be required. All turnarounds shall be located adjacent to the developer's property line. Such turnarounds shall be improved without curbs and paved to the edge of the right-of-way. Additional temporary right-of-way may be necessary for the turnaround. As the street is continued, they shall be removed and the street shall be improved to the typical street standards including a private drive which enters the improved street.
(6) 
Land reserved for any road purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance, as last amended, whether the land is to be dedicated to the Township in fee simple or an easement is granted to the Township.
E. 
Street classification.
(1) 
Existing streets. Each street abutting or affecting the design of a subdivision or land development which is not already classified in the Towamencin Township Comprehensive Plan, as last amended, or Township Ultimate Right-of-Way Map shall be classified according to its function, design and use by the Township Engineer.
(2) 
Proposed streets. All proposed streets, including private streets, shall be classified and designed in accordance with their anticipated average daily traffic (ADT) levels in accordance with the following chart:
Street Classification
Trip Generation (ADT)
Local access
Less than 250
Feeder
250 to 1,000
Collector
1,000 to 3,000
Controlled access
Greater than 3,000
Arterial highway
N/A
F. 
Street right-of-way widths. The minimum public or private street right-of-way shall be 50 feet (15.24 meters) or as specified in the Official Map of Towamencin Township, as last amended, and/or as set forth in the Towamencin Township Engineering Standards,[5] as last amended.
[5]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
G. 
Street cartway width. Street cartway width shall be as specified in the Towamencin Township Engineering Standards, as last amended.
H. 
Street engineering criteria. Engineering criteria for streets shall be as specified in the Towamencin Township Engineering Standards, as last amended.
I. 
Street intersections. Streets shall be laid out as specified in the Towamencin Township Engineering Standards, as last amended.
J. 
Site distance at intersections. Site distance at intersections shall be as specified in the Towamencin Township Engineering Standards, as last amended, or PaDOT regulations, whichever provides for the greater distance.
K. 
Access.
(1) 
When subdivisions result in lots abutting a feeder or controlled access street, a service or marginal access street shall be provided or the frontage shall be reversed so that the lots contiguous to such street will front on an internal street with no direct access to the higher order street. Such service or marginal access street may also be required for lots abutting feeder streets at the discretion of the Board of Supervisors.
(2) 
Screening, through the use of appropriate plant materials, fences or walls subject to site plan review, shall be provided in a strip of land along the rear property line of lots with reversed frontage to buffer lots from the higher order street.
(3) 
Where subdivisions abut higher order streets and a service road or reverse frontage is provided, the improvements to the higher order street shall be provided as part of the construction improvements for the project.
(4) 
Where a subdivision results in lots with frontage on such a higher order street that the provision of a service road or reverse frontage becomes impractical or unnecessary, the lot or lots in said subdivision shall have driveways so laid out that it is possible to turn passenger vehicles on the lot and it is not necessary to back any passenger vehicle into the street.
(5) 
No subdivision containing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the control of the Township under conditions approved by the Board of Supervisors.
L. 
Access strips to rear lots within R-200 Districts.
(1) 
General. Whenever a lot is to be created which does not have the bulk of the lot directly abutting a road, it shall be connected to the road by an access strip which is held in fee simple ownership as a part of the interior (rear) lot. The area within the access strip shall not be used in calculating the minimum lot area required by the Zoning Ordinance,[6] as last amended.
[6]
Editor's Note: See Ch. 153, Zoning.
(2) 
Width. All access strips to rear lots shall have a minimum width of 50 feet (15.24 meters) throughout their entire length, except that in the case of a rear lot used or to be used strictly for a single residential unit this may be reduced to 25 feet (7.62 meters).
(3) 
Location. The location of the access strip must, in the opinion of the Township Board of Supervisors, be deemed logical and proper relative to the bulk (body) of the rear lot and surrounding property configurations, and shall not, in its opinion, adversely affect environmental features such as woods, steep slopes, streams, floodplains, etc.
(4) 
Alignment. Any access strip shall not traverse a slope such that the driveway therein would be required to be in excess of 10% gradient; nor should any access strip generally contain a horizontal turn greater than 45°.
(5) 
Spacing. There shall be no more than two abutting access strips to rear lots, including existing access strips on parcels adjacent to where the new ones are proposed. Each access strip or group of two shall be separated from the next one by a distance at least equal to the minimum width of one lot as required in the R-200 Residential District.
M. 
Driveways. All driveways shall conform to the Township Driveway Ordinance,[7] as last amended, PennDOT, or the Towamencin Township Engineering Standards,[8] as last amended, whichever is greater.
[7]
Editor's Note: See Ch. 67, Driveways.
[8]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
N. 
Cul-de-sac streets.
(1) 
The cul-de-sac bulb will have a left-hand orientation where practical as identified by the Towamencin Township Engineering Standards, as last amended.
(2) 
The maximum length of a cul-de-sac street shall be determined by the anticipated traffic volume generated from the street. Except for within the R-200 District, the maximum anticipated traffic volume permitted on a cul-de-sac is 250 ADT, as determined by the trip generation rates within this chapter. Within the R-200 District a maximum of 15 lots shall be permitted to take access from any permanent cul-de-sac.
(3) 
A feeder street with radiating culs-de-sac may be permitted in order to protect natural features or to provide for open space.
(4) 
Culs-de-sac shall be readily identifiable as such by traffic moving on the street to which it is connected, such as by "Way" names.
(5) 
Where it is proposed that a road be constructed to an abutting property line with the intention that such road will be extended onto the adjoining property at a future date, a temporary cul-de-sac shall be built to the above requirements and easements provided where the paving exceeds the dedicated right-of-way. The temporary cul-de-sac shall be built to abut the adjacent property.
O. 
Private streets in R-200 Districts.
(1) 
Intent. In keeping with the intent of the R-200 Residential District to maintain a low-density character and minimize the extension of suburban-type services and improvements into that district, private roads are allowed provided they meet the criteria of this section.
(2) 
Number of lots served. Any accessway which serves as the access to more than one lot or use shall be considered a private road rather than an individual driveway, and must be constructed in accordance with the applicable standards for local access streets. Whenever more than eight residential lots share a private road, the provision of a public road is required.
(3) 
Reconstruction of private road to public standards. The Board of Supervisors reserves the right to order the reconstruction of the private road up to Township standards and subsequent dedication as a public road if they deem the road at any time to be a safety or health hazard. Costs of such improvements shall be assessed against the landowners who own the road and be borne totally by them.
(4) 
Ownership. The private road shall be owned jointly by all abutting property owners who have rights to utilize said road, and all shall be jointly responsible for its maintenance and related costs. An association of the landowners who have rights to use the road shall be formed, and must be established and administered in a form acceptable to the Township Board of Supervisors, and approved by them prior to or at the same time as subdivision or land development approval.
(5) 
Design standards. Where private roads are provided, they shall be planned and constructed in accordance with the same standards applicable to public local access streets relative to right-of-way width, cul-de-sac radius, grades, culverts, drainage, horizontal and vertical curves, tangents between curves, sight distance, intersection alignment, intersection radius, interconnection to adjacent parcels, and similar regulations.
(6) 
Further subdivision. Further subdivision of any lot fronting on the private road which would create an additional lot fronting thereon is prohibited if it would violate the maximum length of culs-de-sac, or any other provision of this chapter, unless the private road is reconstructed and dedicated as a public road. The homeowners' association which controls the road must approve the reconstruction and dedication in accordance with the procedures established in their bylaws prior to the commencement of that upgrading (unless the Township orders such pursuant the above).
(7) 
Statement in deed and plan. The responsibilities, authority, and limitations required shall be clearly stated on the subdivision plan which creates a private road and as a part of the deed to each lot having rights to utilize same.
(8) 
Piecemeal creation of private roads within access strips. An access strip containing an individual driveway may be upgraded into a private road at any time, provided the right-of-way width and all other requirements can be met by separating and establishing the access strip as a private road right-of-way, widening the existing driveway to the minimum standards for a private road, and creating the required turnaround or cul-de-sac at the terminus of the common-use area. All requirements for private roads shall be applied thereto. Such transformation is encouraged rather than the creation of a separate access strip to an adjacent rear lot.
P. 
Street signs.
(1) 
The developer shall provide, at his expense, all necessary street signs as may be required by the Township.
(2) 
A proposed street that is in alignment with an existing and named street shall bear the name of the existing street.
(3) 
In no case shall the name of a proposed street duplicate an existing street name in the North Penn School District, or in the same postal zip code, despite the type of suffix.
(4) 
A list of acceptable street names is available from the Township. The Township has the final decision on the names of all streets.
A. 
Where required.
(1) 
Sidewalks shall be required at any location unless it is determined by the Board of Supervisors, upon the recommendation of the Township Planning Commission, that sidewalks are not necessary for public safety or convenience.
(2) 
Sidewalks are not required along either side of any road in the R-200 Residential District, except where deemed necessary for safety by the Township Board of Supervisors, such as near schools, bus stops or similar areas of high pedestrian concentration.
B. 
Locational requirements.
(1) 
Sidewalks, pedestrian and bicycle paths shall be located within a public right-of-way, a public easement, or a common open space area. Any such system shall be interconnected and not disjointed.
(2) 
All sidewalks, pedestrian or bicycle paths located within the street right-of-way shall be no closer than four feet (1.2192 meters) to the curb.
(3) 
Sidewalks, pedestrian or bicycle paths may be located away from streets upon approval of the Board of Supervisors if all the following conditions are met:
(a) 
Such a system be all-weather and easily cleaned of snow;
(b) 
They shall be convenient for the most frequent trips, such as children walking to school bus stops;
(c) 
If they are not located within a dedicated right-of-way or open space, they shall remain as private property and the responsibility for their maintenance shall be clearly established.
C. 
Design requirements. Sidewalks shall be as specified in the Towamencin Township Engineering Standards,[1] as last amended, along with the Towamencin Township Streets, Curbs and Sidewalks Ordinance,[2] as last amended, or as required by the Township Engineer in the plan review process.
[Amended 7-10-2013 by Ord. No. 13-06]
[1]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
[2]
Editor's Note: See Ch. 133, Streets, Curbs and Sidewalks.
A. 
General requirements.
(1) 
All automobile parking facilities shall be provided off-street in accordance with the requirements of the Zoning Ordinance,[1] as last amended, and this chapter.
[1]
Editor's Note: See Ch. 153, Zoning.
(2) 
The minimum design standards set forth herein shall not apply to multistory or otherwise enclosed parking structures.
(3) 
A parking stall is that area specifically designated by pavement markings, or some other means, designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the movement of any other motor vehicle.
(4) 
At no time shall angle or perpendicular parking be permitted along public or private streets. All parking lots and bays permitting parking other than perpendicular shall be reviewed by the Township Engineer with special attention to circulation and access.
(5) 
All automobile parking facilities shall provide parking spaces for the handicapped or disabled in accordance with the following table and the Americans With Disabilities Act, whichever provides for the greater number of spaces:
Total Parking Spaces on Lot
Required Minimum Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20, plus 1 for each over 1,000
(6) 
All driveways for parking facilities shall conform with the design requirements for driveways in this chapter.
B. 
Reduction of parking requirements.
(1) 
In order to prevent the establishment of a greater number of parking spaces than is actually required, the Board of Supervisors, upon the recommendations of the Township Planning Commission, may permit a conditional reduction of parking spaces if the following conditions are satisfied:
(a) 
The applicant shall show a hardship in accordance with § 136-800 herein.
(b) 
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of the Zoning Ordinance,[2] as last amended. The plan shall also illustrate the layout for the total number of parking spaces.
[2]
Editor's Note: See Ch. 153, Zoning.
(c) 
The conditional reduction shall provide for the establishment of no less than 80% of the required number of parking spaces, as specified in the Zoning Ordinance, as last amended. This initial phase of the parking provision shall be clearly indicated on the plan.
(d) 
The balance of the parking area shall be reserved and shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land, or other requirements of this chapter. The parking area which is reserved shall be located and have characteristics so as to provide amendable open space should it be determined in the future that additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved area with the land development plan.
C. 
Parking location. For all nonresidential uses, all parking areas shall be located as specified in the Towamencin Township Engineering Standards,[3] as last amended.
[3]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
D. 
Parking area circulation. All parking aisles shall be designed in accordance with the Towamencin Township Engineering Standards, as last amended.
E. 
Table of parking dimensional requirements. The parking dimensional requirements shall be no less than those listed in the Towamencin Township Engineering Standards, as last amended.
F. 
Parking area construction details.
(1) 
All parking areas shall be constructed in accordance with the Towamencin Township Engineering Standards, as last amended.
(2) 
All construction requirements shall be in accordance with Pennsylvania Department of Transportation's Publication 408 Specifications, as last amended, and/or as required by the Township Engineer.
[Amended 4-25-2018 by Ord. No. 18-01]
All required traffic control signalization installation and relocation shall be designed and performed in accordance with this chapter and the Towamencin Township Engineering Standards, as last amended.
A. 
Off-street loading facilities shall be designed in accordance with the Towamencin Township Engineering Standards, as last amended.
B. 
All required loading facilities shall be provided and maintained in accordance with the following requirements:
(1) 
They shall be provided and maintained as long as the use exists which the facilities were designed to serve;
(2) 
They shall not be reduced in total extent after their provision, except when such reduction is in conformity with the requirements of this article;
(3) 
Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the delivery and pickup vehicles they are designed to serve;
(4) 
All driveways shall conform with the design requirements for driveways;
(5) 
All accessory driveways and entrance ways shall be graded, have bituminous surface, and be drained to the satisfaction of the Township Engineer to the extent necessary to prevent nuisances of dust, erosion, or excessive water flow across public ways;
(6) 
Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard, or an unreasonable impediment to traffic.
[Amended 12-17-2003 by Ord. No. 03-09]
Concrete, granite block or similar block type curbs shall be designed and installed in accordance with the Towamencin Township Engineering Standards, as last amended.
All land developments shall be required to install, maintain, and guarantee plant materials as required herein for the visual and other environmental benefits these plants will provide, as well as for the specific benefits of buffering or screening, or otherwise creating spaces. A landscape plan prepared by a registered landscape architect shall be submitted as part of the preliminary plan submission for all residential land development of 10 acres (40,470 square meters) or more and for all nonresidential development.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AREA OF DRIPLINE
The line marking the outer edges of the branches of the tree.
CALIPER OF A TREE
The diameter of the trunk of a tree measured four feet (1.2192 meters) (d.b.h.) above the ground level ("d.b.h." is the diameter at breast height).
GUYING
The fastening of a tree with a nylon strap to two or three hardwood stakes that would allow the new tree to sway, but not be able to blow over. They should be removed after one to two years.
HEDGEROWS
A line of plants that may occur naturally where seeds collect and are left undisturbed, such as along fencelines, property lines, or between fields or that is specially planted, e.g., to act as a wind break.
MATURE TREE
Any tree of six inches (15.24 centimeters) or more in caliper, whether standing alone, in tree masses, or woodlands. A mature tree shall be a healthy specimen, and shall be a desirable species as determined by the Township.
PUBLIC NUISANCE
Any tree afflicted with a disease or infested with insects which threatens to injure or destroy other trees in the Township; dead or dying trees; a tree or limb(s) that obstructs streetlights, traffic signs, sight lines, free passage of pedestrians or vehicles; a tree that poses a threat to safety.
ROOT BALL
The portion of a tree that contains the roots and soil which can either be balled and burlapped (B & B) or in a container designed to transport a tree to a new location.
STREET TREE
Trees planted along a roadway that are in line with other trees that run parallel with and are intended to line the roadway with trees.
TOPPING OFF TREES
The severe cutting back of the limbs of the crown of a tree to such a degree so as to remove the normal canopy and disfigure the tree.
WOODLAND
A stand of predominantly native vegetation covering at least 1/4 acre (1,011.75 square meters).
B. 
Conservation of existing vegetation. All land development shall be designed so as to minimize loss of mature trees over six inches (15.24 centimeters) in caliper, hedgerows and woodlands. As determined by the Board of Supervisors, the preservation of existing desirable mature trees, hedgerows and woodlands may be counted in lieu of the landscape requirements herein, thereby reducing the amount of new plant material except street trees that would otherwise be required to be planted. It shall be incumbent on the applicant to prove that the plan minimizes disturbance of these trees and woodlands, given the permitted development proposed. The plan shall reflect the following:
(1) 
A plan of existing vegetation to remain as part of the landscape plan for a land development shall be prepared and submitted as part of the preliminary plan submission. The existing vegetation shall be physically protected throughout the construction process. Prior to major clearing or construction, a temporary physical barrier such as a snow fence shall be erected a minimum of one foot (0.3048 meters) beyond the dripline on all sides of stands or vegetation or individual trees shown to remain. The barrier shall be placed to prevent disturbance to, or compaction of, soil inside the barrier and shall remain in place until construction is complete. The specific method of preserving existing vegetation shall be noted on the landscape plan.
(2) 
A plan of the existing vegetation to be lost due to the buildings, clearings, roads and/or grading shall be prepared and submitted as part of the preliminary plan submission. All mature trees over six inches (15.24 centimeters) in caliper as measured one foot (0.3048 meters) above the ground level which are to be lost shall be identified by species and caliper. A tabulation of this data shall be provided as a note on the plan.
(3) 
The developer shall be required to plant the identical number of trees to be removed elsewhere on this site or plant the identical number of trees to be removed in Township parks in accordance with a plan prepared by the developer and approved by the Township Engineer. All replacement trees shall be a minimum of 2 1/2 inches (6.35 centimeters) as measured one foot (0.3048 meters) above the ground level.
C. 
Street trees. Street trees shall be required in accordance with the Towamencin Township Engineering Standards,[1] as last amended.
[1]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
D. 
Buffer yards. Buffer yards are required between subdivisions and land developments and along existing streets. The extent of buffering required shall be determined by the type of use proposed and the adjacent uses and streets surrounding the proposed development. The buffer yard standards are provided in the Towamencin Township Engineering Standards, as last amended.
E. 
Landscaping of off-street parking areas. Within the parking facility, landscaping shall be in accordance with the Towamencin Township Engineering Standards, as last amended.
F. 
Detention basin landscaping. Within any detention basin, landscaping shall be in accordance with the Towamencin Township Engineering Standards, as last amended.
G. 
Landscape requirements for multifamily developments. For all multifamily developments, the following minimum landscaping shall be provided either on lot or within the general open space in addition to all other required street tree, parking and buffer requirements:
(1) 
Any of the following minimum landscaping shall be required for each dwelling unit:
(a) 
One two-and-one-half-inch (6.35 centimeters) caliper shade tree and one of the following:
[1] 
One four- to five-foot (1.2192 to 1.524 meters) evergreen tree;
[2] 
Two flowering trees;
[3] 
Eight shrubs.
(2) 
All approved plant material shall conform to the plant material listed in the Towamencin Township Engineering Standards, as last amended.
A. 
The length, width, and shape of blocks shall be determined with due regard to the following:
(1) 
Provision of adequate sites for type of buildings proposed;
(2) 
Zoning requirements as to lot size, dimension, and minimum lot area per dwelling unit in the case of residential blocks;
(3) 
The limitations and opportunities of the topography;
(4) 
Requirements for safe and convenient vehicular and pedestrian circulation and access.
B. 
Double-frontage lots are prohibited, except where employed to prevent vehicular access to major traffic streets. Deed restrictions limiting access to lower order streets may be required by the Township.
C. 
Residential blocks shall have a maximum length of 1,600 feet (487.68 meters) and, so far as practical, a minimum length of 500 feet (152.4 meters). In the design of blocks longer than 1,100 feet (335.28 meters), special consideration shall be given to the requirements of satisfactory fire protection.
D. 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a major traffic street are used.
E. 
Pedestrian interior walks may be required where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a right-of-way width of not less than 10 feet (3.048 meters) and a paved walk of not less than four feet (1.2192 meters).
F. 
In nonresidential subdivisions, block lengths and widths shall be reviewed by the Township Engineer and approved by the Township Planning Commission.
G. 
Where lots consist of an area that is more than double the minimum required area for the zoning district, the Board of Supervisors may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the Zoning Ordinance,[1] as last amended, and this chapter.
[1]
Editor's Note: See Ch. 153, Zoning.
H. 
For parcels that are within two municipalities, proposed lot lines shall follow the Township boundaries rather than cross them in order to avoid jurisdictional problems.
I. 
If remnants of land exist after subdividing, they shall be incorporated into existing or proposed lots, or dedicated to public use for recreation or open space, if acceptable to the Township.
A. 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
B. 
The restrictions of the easement shall prevail.
C. 
Where a site is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage as determined by the Township Engineer, or as may be required or directed by the Department of Environmental Resources. The owner shall properly grade and seed slopes and fence any open ditches when it is deemed necessary by the Township.
D. 
Rights-of-way and easements required for roadway construction and maintenance, sanitary sewer systems, storm drainage systems, water systems and any other utilities and for any other specific purpose shall be required by the governing body as needed, with the location and width in each case to be determined by the governing body.
(1) 
The building setback shall be 10 feet (3.048 meters) from all existing and proposed fuel transmission line easements or rights-of-way and all other utility easements. The total building setback from the property line shall not be less than that required by the applicable zoning district for the particular yard involved.
(2) 
Nothing shall be permitted to be placed, planted, set or put within the area of any type of easement. The area shall be maintained as a lawn unless further use is allowed, in writing, by the governing body.
(3) 
The owner of any lot, upon written request by the Township and at the owner's sole expense, shall remove unauthorized items which have been placed, planted, set or put (without prior knowledge of this regulation) within the area of any easement.
(4) 
To the fullest extent possible, easements shall be adjacent to rear and side lot lines.
(5) 
Minimum easement widths. Drainage easements shall be as required in the Towamencin Township Engineering Standards,[1] as last amended.
[1]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
(6) 
Easements required to be obtained by developers shall provide for the maintenance, repair and replacement of the facilities, including the right of passage for such work. The Township shall have the right of review and correction of all easements obtained by developers from other property owners which shall be turned over to the Township. The developer shall convey, at no cost to the Township, all requested easements.
(7) 
No right-of-way or easement for any purpose whatsoever shall be recited or described in any deed unless the same has been shown on the approved record plan. Any error found in a deed shall be immediately corrected and recorded in the office of the Recorder of Deeds for Montgomery County at the sole expense of the subdivider or owner.
E. 
Public utilities. All water, cable TV, and gas mains and other underground facilities shall be installed prior to street paving at locations approved by the Township for the full width of the right-of-way.
F. 
Underground utilities. All gas and water mains shall be installed underground. All electric, telephone, cable TV and communication services, both main and service lines, shall be provided by underground cables and installed in accordance with the prevailing standards and practices of the utility or other company providing such services, except where it is demonstrated to the satisfaction of the Township governing body that underground installations herein required are not feasible because of physical conditions of the land involved. All main underground cables which are within the right-of-way of a street shall be located as specified by the governing body.
(1) 
In order to promote and facilitate the undergrounding of utility distribution lines, a letter of endorsement shall be required from the suppliers of utility service (not limited to electrical, telephone or cable television) wherein the utility acknowledges that underground utilities are feasible and shall be installed as part of the improvement plan. A statement relative to the intent of the developer to provide underground utility service shall be placed on the final plan requisite to final approval of such plan.
(2) 
The provisions in this chapter shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities which may hereafter be located within public easements or rights-of-way designated for such purposes.
(3) 
Light standards are to be placed as required by this chapter. The power source for such standards shall be placed underground, as required.
A. 
The density, parking lot area and building requirements shall in all respects conform to the Towamencin Township Zoning Ordinance,[1] as last amended.
[1]
Editor's Note: See Ch. 153, Zoning.
B. 
Preliminary approval of the site plan must be obtained for the entire proposed development. Final approval may be obtained section by section, but such development sections shall be specified on the preliminary plan and must be numbered in the proposed order that they are to be developed. Such order of development must be adhered to, and if changes are required, plans must be refiled and reviewed and approved.
C. 
Bonding procedures, as required by this chapter, shall be resolved before final approval of the land development plan, and shall guarantee the improvements by the builder of the streets, sidewalks, curbs, streetlighting, street trees, drainage facilities, utilities and other facilities that the governing body may deem necessary.
D. 
Arrangement of buildings and facilities. Arrangements of buildings shall be in favorable relation to the natural topography, existing desirable planting, bodies of water, views within and beyond the site, and exposure to the sun and other buildings on the site.
E. 
Access and circulation.
(1) 
Access to the dwellings and circulation between buildings and other important project facilities for vehicular and pedestrian traffic shall be comfortable and convenient for the occupants.
(2) 
Access and circulation for fire-fighting and other emergency equipment, moving van, fuel trucks, garbage collection, deliveries and snow removal shall be planned for efficient operation and convenience.
(3) 
Walking distance from the main entrance of a building to a street, driveway or parking area shall usually be less than 100 feet (30.48 meters); exception to this standard should be reasonably justified by compensating advantages, such as desirable views and site preservation through adaptation to topography. In no case shall the distance exceed 200 feet (60.96 meters).
F. 
Yards. Yards shall assure adequate privacy, desirable outlook, adequate natural light and ventilation, convenient access to and around the dwellings, and other essential uses.
G. 
Grading.
(1) 
Grading shall be designed for buildings, lawns, paved areas and other facilities, to assure adequate surface drainage, safe and convenient access to and around the buildings and for the screening of parking and other service areas and the conservation of desirable existing vegetation and natural ground forms.
(2) 
Grading around buildings shall be designed to be in harmony with natural topography.
H. 
Streets.
(1) 
Streets shall be provided on the site where necessary to furnish principal traffic ways for convenient access to the living units and other important facilities on the property.
(2) 
Streets shall conform to the design requirements and specifications of this chapter and Towamencin Township Engineering Standards,[2] as last amended.
[2]
Editor's Note: The Towamencin Township Engineering Standards are included in Ch. 136A, which immediately follows this chapter.
I. 
Driveways.
(1) 
Driveways shall be provided on the site where necessary for convenient access to the living units, garage compounds, parking areas, service entrances of buildings, collection of refuse and all other necessary services. Driveways shall enter streets at safe locations.
(2) 
Driveways shall be planned for convenient circulation suitable for traffic needs and safety and shall conform to the standards and requirements of this chapter.
(3) 
All driveways shall be paved and constructed in accordance with the recommendations of the Township Engineer.
J. 
Parking areas.
(1) 
Paved parking areas shall be provided to meet the needs of the residents and their guests without interference with normal street traffic.
(2) 
Parking areas shall conform to the standards and requirements of this chapter herein and those of the Towamencin Township Zoning Ordinance,[3] as last amended.
[3]
Editor's Note: See Ch. 153, Zoning.
K. 
Sidewalks.
(1) 
Street sidewalks and on-site walks shall be provided for convenience and safe access to all living units from streets, driveways, parking areas or garages and for convenient circulation and access to all facilities.
(2) 
Width, alignment and gradient of walks shall provide safety, convenience and appearance for pedestrian traffic. Small jogs in the alignment shall be avoided.
(3) 
The alignment and gradient of walks shall be coordinated with the grading plan to prevent the passage of concentrated surface water on or across the walk and to prevent the pocketing of surface water by walks.
(4) 
Sidewalks shall be constructed in accordance with the requirements of this chapter.
L. 
Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; and additional new plant material shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features. The requirements of this chapter regarding landscape, planting and buffering and the Towamencin Township Zoning Ordinance, as last amended, shall be met.
The provisions of the mixed residential cluster developments (§ 136-513) shall also apply to mobile home developments in addition to the following:
A. 
Each mobile home development shall be divided and marked off into mobile home spaces, each which shall contain only one mobile home pad. No mobile home shall be permitted to occupy a mobile home space until a mobile home pad has been constructed thereon.
B. 
Mobile home pad. The area of a mobile home pad shall be improved to provide for the adequate placement of a mobile home. The mobile home pad shall be designed so as not to heave, shift, or settle unevenly under the weight of the mobile home because of frost action, drainage, vibration or other forces acting under such structure.
C. 
Skirts. All mobile homes within a mobile home development shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or "skirting" which should consist of panels specifically designed for the purpose of screening the underside of a mobile home by forming an extension of the vertical exterior walls of the mobile home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.
D. 
Anchoring. A mobile home must be fastened to a pad to prevent damage due to wind, erosion, and flooding or other natural forces. The anchoring system shall be able to withstand a wind velocity of up to 90 miles per hour.
E. 
Site design. All regulations of the Towamencin Township Zoning Ordinance,[1] as last amended, shall be adhered to in mobile home developments. In addition thereto, the following regulations shall apply:
(1) 
Adaptation to tract assets. Each mobile home unit or other dwelling or structure shall be fitted to the terrain with a minimum disturbance of the land and a minimum elevation difference between the floor level of the unit and the ground elevation under it. Existing trees and shrubs, rock formations, streams, floodplains, steep slopes, and other natural features of the tract shall be preserved to the maximum extent practical. Favorable views shall be emphasized by the plan.
(2) 
Courts and spaces. Groups or clusters of units, so placed as to create interior spaces and courtyards, shall be incorporated whenever feasible.
(3) 
Orientation. Mobile homes are encouraged to be arranged in a variety of orientations and are strongly encouraged to have many units with their long sides facing the street, rather than their ends, in order to provide variety and interest. Site layout shall be designed to insure that mobile home units are offset to block long uninterrupted vistas between the units.
(4) 
Street layout. Gridiron layouts and street patterns, unrelated to the topography of the site, are to be avoided. The following regulations shall apply:
(a) 
Access limitations. Direct access from a mobile home lot shall not be permitted onto the street(s) from which the mobile home development gains primary access and any through streets of the development.
(b) 
Access to site. Direct access should be provided to the site via a road or at least a feeder-type classification.
[1]
Editor's Note: See Ch. 153, Zoning.
A. 
Lotting of individual lots for commercial purposes shall be avoided in favor of a comprehensive design of the land to be used for such purposes.
B. 
Additional width of streets adjacent to areas proposed for nonresidential use may be required as deemed necessary by the Board of Supervisors to assure the free flow of through traffic from vehicles entering or leaving parking areas.
C. 
When two adjacent lots proposed for nonresidential uses front on a primary street, the applicant may be required to provide ingress and egress as well as common parking facilities. When three or more adjacent lots are proposed for nonresidential uses, the applicant may be required to provide a service road for common ingress and egress.
D. 
Adjacent residential uses shall be protected from potential nuisance of the proposed nonresidential developments, including the provisions of extra depths in parcels backing up on existing or potential residential developments and provisions for a permanently landscaped evergreen buffer strip and controlled lighting, as required by the Towamencin Township Zoning Ordinance, as last amended.
E. 
Streets carrying nonresidential traffic shall not normally be extended to the boundaries of the adjacent existing or potential residential areas, nor connected to streets intended for predominantly residential traffic.
F. 
For commercial uses, the developer may be required to provide separate access for service vehicles and loading areas from the vehicular access ways and parking areas intended for patron use. This may be accomplished by using an alley and separate access point for service vehicles to move from the road to the loading area. The applicant may also be required to screen the loading area when deemed necessary by the Township.
A. 
General.
(1) 
Lots. All lots shall be graded to secure proper drainage away from all buildings and to allow the collection of stormwater in water detention basins or other approved locations. A minimum slope of 2% shall be used for directing water away from structures.
(2) 
Stormwater runoff. Stormwater runoff shall not be increased above the predevelopment condition. This discharge shall also take into consideration point discharge from the tract. Stormwater detention must be provided unless waived by the Board of Supervisors.
(3) 
Drainage swales. When drainage swales are used as a means to control storm drainage, they shall not be placed on a slope of less than 1.5%. Drainage design computations shall be submitted to determine swale linings.
(4) 
Unnatural drainage. Whenever construction stops or concentrates the natural flow of storm drainage in such a way as to affect adjoining properties, approval of the adjacent property owners should be obtained in writing and a copy filed with the Township. Approval of plans by the Township does not authorize or sanction drainage adversely affecting adjoining properties.
(5) 
Drainage from non-natural sources. Water originating from other than natural sources, such as sump pumps or other dry weather sources, wherever practicable shall be discharged into natural watercourses on the property.
(6) 
Storm drainage system. The storm drainage system shall be designed and constructed to adequately control the drainage on and from the subdivision or land development.
(7) 
Any development which creates a significant change in the characteristics of the watershed, thus increasing the volume and velocity of surface water runoff, shall not be permitted until methods have been proposed which will reduce the likelihood of erosion, sedimentation and stormwater drainage. Such improvements must satisfy the requirements and regulations of the Pennsylvania Department of Environmental Resources.
(8) 
Stormwater discharges from construction activities affecting five or more acres (20,235 square meters) of land may require a permit from PaDER. A permit or permit waiver shall be obtained from PaDER by the applicant. [1]
[1]
Editor's Note: Original Subsection B, Storm drainage design, which immediately followed this subsection, was repealed 1-17-2001 by Ord. No. 01-1. It also provided for the renumbering of original Subsection C as Subsection B.
B. 
The following note shall appear on the record plan whenever permanent water detention basins are required:
"The property owner shall have the responsibility for the perpetual maintenance of the permanent water detention basin, basin outlet structures and pipes which are located on his property. No changes shall be made to the structures, pipes or finish grading without prior written approval from the Township. The Township has the right to enter the lot to perform any required maintenance which has not been properly performed or carried out in a timely manner. The property owner shall be responsible for the cost of any maintenance which is performed by the Township. The Township shall lien the property for said costs until the Township has been reimbursed in full."
A. 
Whenever sedimentation is caused by stripping vegetation, regrading or other development, or where mud or debris has been deposited by construction equipment on adjacent streets, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all affected surfaces, drainage systems and watercourses, or streets and to repair any damage at his expense within a reasonable period of time, as determined by the Township Engineer.
B. 
Maintenance of all drainage facilities and watercourses, both existing and proposed, within any proposed subdivision or land development shall be the responsibility of the developer until such time as one of the following is accomplished:
(1) 
An easement by these facilities is offered for dedication by the developer and is accepted by the Township; maintenance shall then be the responsibility of the Township.
(2) 
If an easement acceptable to the Township is established, the maintenance shall then be the responsibility of the individual lot owners over whose property the easement passes. For land developments, the maintenance shall then be the responsibility of the owner.
(3) 
A homeowners' association or other approved legal entity, approved by the Township, assumes responsibility for the maintenance of the development, including the maintenance of the watercourses and/or drainage facilities.
C. 
It is the responsibility of any person, corporation or other entity doing any act on or across a stream, watercourse or swale, or upon the floodplain or right-of-way during the period of the activity, to return it to its original or equal condition after such activity is completed.
D. 
No person, corporation or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any stream or watercourse without having obtained prior approval from the Township and/or the Department of Environmental Resources, whichever is applicable.
E. 
Each person, corporation or other entity which makes any surface changes shall be required to:
(1) 
Collect on-site surface runoff and dispose of it into the common natural watercourse of the drainage area;
(2) 
Pay the prorated cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area;
(3) 
Provide and install at his expense, in accordance with Township requirements, all drainage and erosion control improvements (temporary and permanent) as required by the erosion and sediment control plan.
F. 
Storm drainage facilities shall be designed to convey the flow of surface waters without risk to persons or property. The drainage system shall ensure drainage at all points along streets, and ensure conveyance of drainage away from buildings.
G. 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
H. 
Sanitary sewer facilities. All new or replacement sanitary sewer facilities, and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
I. 
Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damage.
J. 
Utilities. All utilities such as gas lines, electrical and telephone systems being placed in identified flood-prone areas should be located, elevated (where possible) and constructed to minimize the change of impairment during a flood.
A. 
The regulation contained herein shall apply in those areas identified as floodplain in the Towamencin Township Zoning Ordinance,[1] as last amended. The Flood Boundary and Floodway Map shall be available in the Towamencin Township Building for inspection. In regard to the adopted Floodplain Conservation District, the regulations contained herein shall apply to those areas defined and established as floodplain and not in conflict with the information provided in the Flood Insurance Study.
[1]
Editor's Note: See Ch. 153, Zoning.
B. 
The regulations contained herein are intended to conform to the requirements of the National Flood Insurance Program. Furthermore, it is the purpose of these regulations to:
(1) 
Regulate the subdivision and development of floodplain areas in order to promote the general health, welfare, and safety of the community;
(2) 
Require that each subdivision lot or development site in floodplain areas be provided with a safe building site with adequate access; and that public facilities which serve sites be designed and installed to preclude flood damage at the time of initial construction;
(3) 
Protect individuals from buying lands which are unsuitable for use because of flood hazards prohibiting the subdivision and development of unprotected floodplain areas;
(4) 
Maintain the certification of Towamencin Township and the eligibility of the property owners in the Township for the benefits of the National Flood Insurance Program, P.L. 93.234.
C. 
Establishment of base flood elevations. For proposed subdivisions greater than either 50 lots or five acres (20,235 square meters) within the flood-prone areas in which the Township's Flood Insurance Study has not established base flood elevations, the developer shall be responsible for establishing such data through hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analysis, computation, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. Prospective developers shall consult with the Zoning Officer to make a determination as to whether or not the proposed subdivision or land development is located within an identified floodplain.
D. 
Where not prohibited by this or any other codes or ordinances, land located in the floodplain may be subdivided or developed in accordance with this and other codes or ordinances regulating such development.
E. 
The finished elevation of proposed streets within floodplain areas shall be no more than two feet (0.6096 meters) below the base flood elevation. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
F. 
Waivers. Guidelines for relaxation from the requirements set forth in this section are as follows:
(1) 
A waiver shall not be issued within any designated regulatory floodway if any increased flood levels during the base flood discharge would result.
(2) 
A waiver shall only be issued if there is:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to relax the requirements would result in exceptional hardship to the applicant;
(c) 
A determination that the relaxing of a requirement will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(3) 
A waiver shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.
(4) 
The Township shall:
(a) 
Maintain a record of all waivers including justification for their issuance; and
(b) 
Report such decisions issued in its annual report submitted to the Federal Insurance Administrator.
A. 
Upon the written request of the applicant and in accordance with accompanying plans filed by the applicant, the Board of Supervisors may waive or modify the street requirements of this chapter if the modifications will result in furthering the objectives of the Mixed Residential Cluster (MRC) District and the Comprehensive Plan of Towamencin Township, as last amended.
B. 
Permitted modifications. The following modifications may be permitted:
(1) 
Fences shall not be permitted in the front yard, forward of the front line of the building, except where, in the opinion of the Board of Supervisors, fences are required to protect the health, safety, and welfare of the community.
(2) 
All-weather sidewalks shall be required on both sides of all streets in a MRC development. However, the Board of Supervisors may, in their discretion, permit sidewalks to be constructed on only one side of a residential through street, and may completely waive the requirements for sidewalks on a permanent cul-de-sac street provided that the applicant can prove that sidewalks, as required, will not be necessary for proper pedestrian circulation within the proposed development.
(3) 
Curbs will be required along all residential streets of a MRC development. However, the Board of Supervisors may, at its discretion, upon the recommendation of the Township Engineer, waive the requirement for curbs in areas containing single-family detached dwellings and single-family detached lot-line dwellings.