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 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.
B.
When only a portion of a tract is being reviewed relative to subdivision
and land development, but where future subdivision or development
is imminent, the applicant shall demonstrate that the remainder of
the tract or parcel may be subdivided or developed in conformance
with the existing zoning classification of land use in a logical and
satisfactory manner as a condition of approval of his plan.
C.
Whenever possible, applicants shall preserve trees, groves, waterways,
scenic points, historic spots and other community assets and landmarks.
D.
Subdivisions 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.
F.
The standards included in this chapter are minimum design requirements.
However, the Board of Commissioners reserves the right in any case
to increase the same if conditions so warrant.
G.
Modifications.
(1)
The Board of Commissioners may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed or when the applicant demonstrates that
proposed alternative standard to a requirement that is set forth in
this chapter would provide equal or better results in furtherance
of the purpose and intent of this chapter.
(2)
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary. In the
case of a proposed alternative standard, the applicant shall submit
sufficient data, as required by the Township Engineer, to demonstrate
that the alternative standard would provide equal or better results
to that of the required standard under this chapter.
(3)
The request for modification may be referred to the Advisory Planning
Agency for advisory comments.
(4)
The Board of Commissioners shall keep a written record of all action
on all requests for modifications.
H.
Where no public water supply is available to the subdivision or land
development, the Board of Commissioners shall require the subdivider,
developer or builder to obtain from the district sanitarian of the
Department of Environmental Protection 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 regulations.
I.
Where the subdivision or land development is inaccessible to sanitary
sewers, the Board of Commissioners shall require the subdivider, developer
or builder to obtain from the district sanitarian of the Department
of Environmental Protection 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 Comprehensive Plan for the Township.
Additional portions of the corridors for such streets shall be offered
to the government agency having jurisdiction at the time the subdivision
or land development is consummated. Applicable building setback lines,
as defined by the Township Zoning Ordinance of current adoption, shall
be delineated as measured from the ultimate right-of-way.[1]
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.
Areas provided or reserved for such community facilities shall be
adequate to provide for building sites, landscaping and off-street
parking as appropriate to the use proposed. The Board of Commissioners
reserves the right to accept or refuse offers of dedication for public
use.
M.
Improvement construction requirements shall be completed under the
Engineering and Construction Standards of Upper Moreland Township,
the specifications of the Pennsylvania Department of Transportation,
Department of Environmental Protection, the Montgomery County Conservation
District or other appropriate agencies, or the specifications included
herein, whichever specifications shall result in the more favorable
interpretation of this provision.
N.
Construction of facilities. The subdivider, developer or builder
shall, where specified by the Board of Commissioners, 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. 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.
All new streets and widened portions of all existing rights-of-way,
intended for public use shall be dedicated to the Township, subject
to final acceptance based on compliance with the following requirements.
A.
Street system.
(1)
Conformance with adopted plans. The proposed street pattern shall
be properly related 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 the respective agency.
(2)
Arrangement. Streets shall be arranged in a manner to meet with the
approval of the Board of Commissioners, considered in relation to
both existing and planned streets, and located so as to allow proper
development of surrounding properties. Secondary and through highways
shall be connected with such existing streets and highways so as to
form continuations thereof. Residential streets shall be laid out
to discourage their use as secondary streets or through highways.
(3)
Conformity with topography. Streets shall be adjusted to the contour
of the land so as to produce usable lots and streets of reasonable
grade, alignment and drainage.
(4)
Grading. The street shall be graded to the full width of the right-of-way
and provision made for slopes beyond the right-of-way in conformance
with the applicable standards.
(5)
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. Remnants, reserve strips and landlocked
areas shall not be created.
(6)
New streets. New streets shall be laid out to continue existing streets
at equal or greater right-of-way and cartway width, where practical.
(7)
Dead-end streets. Dead-end streets are prohibited, unless designed
as culs-de-sac or designed for access exclusively to neighboring tracts.
(8)
Street names and signs. No street names shall be used which will
duplicate or be confused with the name of an existing street. All
street names are subject to the approval of the Board of Commissioners.
Existing street names shall be projected whenever possible. Signposts
and nameplates, approved by the Township, shall be placed at street
intersections at the cost of the developer.
(9)
Obstructions. No fences, trees, hedges, walls, plantings or other
obstructions shall be located within, or be permitted to grow into,
the right-of-way.
(10)
Half street. The dedication of half streets at the edges of
a new subdivision is prohibited. If circumstances render this impracticable,
adequate provision for the concurrent dedication of the remaining
half of the street must be furnished by the subdivider, developer
or builder. When there exists a half street in an adjoining subdivision,
the remaining half shall be provided by the proposed development.
B.
Right-of-way width, paving width and curbing.
(1)
Classification.
[Amended 9-12-2011 by Ord. No. 1602]
(a)
All streets shall be classified as primary, secondary or residential.
The following list identifies all primary and secondary streets within
the Township:
[1]
Primary streets: County Line Road (S.R. 2038), Easton Road (S.R.
0611), Moreland Road (S.R. 0063) and York Road (S.R. 0263).
[2]
Secondary streets: Blair Mill Road, Byberry Road, Commerce Avenue,
Computer Avenue, Davisville Road, Edge Hill Road, Fitzwatertown Road,
Horsham Road, Huntingdon Road, Maryland Road, Masons Mill Road, Mill
Road, Pioneer Road, Terwood Road, Turnpike Drive, Warminster Road,
West Moreland Avenue, Wyandotte Road and any other nonresidential
street.
[3]
Residential streets: all streets not listed above within a residential
zoning district.
(b)
All streets shall be governed as follows:
[1]
Residential streets shall be those which are used strictly to
serve residential areas and do not serve as through streets in a development.
They shall have a minimum right-of-way width of 50 feet and shall
have a minimum paved width of 30 feet. Construction of the street,
curbing and sidewalk shall be in accordance with the Standards.
[2]
Secondary streets shall have a minimum right-of-way of 60 feet
and shall have a minimum paved width of 40 feet. Curbing and/or sidewalks
shall be provided as required. Construction shall be in accordance
with the Standards.
[3]
Primary streets shall have a minimum right-of-way of 100 feet
and shall have a minimum paved width of 52 feet, shoulders or curbing
and/or sidewalk, appropriate median, widening at intersections for
turning lanes, channelization, etc., in accordance with the Standards.
Construction shall be in accordance with the Standards.
[4]
Cul-de-sac streets.
[a]
The length shall not be more than 500 feet, unless
special conditions submitted by the applicant warrant approval by
the Board of Commissioners.
[b]
For residential streets, the minimum right-of-way
shall be 50 feet, a paved width of 30 feet, a circular turnaround
with a minimum right-of-way radius of 60 feet and an outer paved radius
of 50 feet.
[c]
For streets other than residential, the minimum
right-of-way shall be 60 feet, a paved width of 40 feet, a circular
turnaround with a minimum right-of-way radius of 60 feet and an outer
paved radius of 50 feet.
[d]
Construction shall be in accordance with the Standards.
[e]
Temporary culs-de-sac are those culs-de-sac constructed
to an abutting property line with the intention that such road will
be extended onto the adjoining property at a future date as a logical
step in the circulation network of neighborhood, superblock or area.
Temporary culs-de-sac shall be required by the Board when conditions
so warrant. Temporary culs-de-sac shall be governed by the same design
standards as permanent culs-de-sac.
C.
Street width. The following general standards shall apply to street
width:
(1)
The minimum widths of the right-of-way and paving and the requirements
for curbing shall not be less than those of an existing street of
which the new street is to be a continuation, no less than as required
above under classification.
(2)
Ultimate rights-of-way and setbacks. Subdivision of lots along residential
streets of insufficient width shall either effect a widening to provide
a width from center line to side line of right-of-way of 25 feet,
or shall establish an ultimate right-of-way line at least 25 feet
from the street center line, or shall correspond with the ultimate
right-of-way for these streets as defined on the Township Comprehensive
Plan.
(3)
The area between an existing right-of-way line and the ultimate right-of-way
line shall be offered for dedication to the authority having jurisdiction
over the road when land is subdivided or developed along an existing
right-of-way.
(4)
Islands, medial strips, channelization may be required in any area
where traffic volumes warrant their use for safety and efficiency,
and may be permitted in any area at the discretion of the Board of
Commissioners.
(6)
No fences, hedges, trees, shrubbery, walls, plantings or other obstructions
shall be located or be permitted within the right-of-way except for
ground covers such as grass, ivy, crown-vetch, or horizontally spreading
shrubs less than one foot high, or retaining walls necessitated by
road widening and constructed by the authority having jurisdiction
over the road.
(7)
Where there are present streets, the Board of Commissioners may grant
such reasonable exceptions to the requirements for grading and width
of cartway provided for in this chapter as will not be contrary to
the public interest, subject to conditions necessary to assure adequate
streets and other public improvements.
(8)
The setbacks contemplated in the Zoning Ordinance[1] shall be measured from such ultimate right-of-way line.
In the case of commercial, industrial or secondary streets, the setback
lines shall be measured from a point 30 feet from the center line
of the street or road upon which the lot abuts. Where the subdivision
or land development is along a state or county highway right-of-way,
the setback lines shall be measured from the right-of-way line, provided
it is at a greater distance from the center line than required by
the Township Comprehensive Plan.
D.
Alleys. Alleys are prohibited in residential developments. In commercial
or industrial districts without expressly designed loading areas,
alleys with a minimum width of 25 feet may be required. Where such
alleys dead end, they shall be provided with a turnaround having a
radius of not less than 40 feet. The cartway shall be a minimum of
20 feet.
(1)
Paving. The paving requirements shall be the same as for street paving.
(2)
Intersections of right-of-way lines shall be rounded by a tangential
arc, the minimum radius of which shall be 10 feet, and the edge of
the paving at intersections shall be rounded by a tangential arc,
the minimum radius of which shall be 20 feet.
(3)
Obstructions. No fences, hedges, trees, shrubbery, walls, plantings
or other obstructions shall be located within the right-of-way. Reasonable
sight distance shall be provided at intersections with streets.
E.
Alignment.
(1)
Vertical curves. Vertical curves shall be used at changes in grade
of more than 1%. The length of curve shall be dependent on the sight
distance. The sight distance will be measured along the center line,
and shall be 600 feet for primary roads; 400 feet for secondary roads;
and 200 feet for local residential streets, in accordance with A Policy
of Geometric Design of Rural Highways by the American Association
of State Highway Officials.
(2)
Horizontal curves shall be used at all changes in excess of 2°.
Long radius curves shall be used rather than a series of curves connected
by short tangents. Minimum radius curves at the end of long tangents
will not be approved.
(a)
Curvature. The minimum radius at the center line for horizontal
curves on primary streets shall be 300 feet; for secondary streets,
200 feet; and for residential streets, 150 feet.
(b)
Tangents between curves. All streets shall have a tangent of
at least 100 feet, measured at the center line, between reverse curves.
(3)
Street grades.
(a)
There shall be a minimum grade of at least 0.75% on all streets.
(b)
Maximum grades. A maximum grade of 7% on primary and secondary
streets and 10% on residential streets for distances of not more than
1,500 feet. However, grades in excess of 5% shall be avoided wherever
possible. The grade shall be measured along the center line.
(c)
Curve-grade combinations. A combination of minimum radius horizontal
curves and maximum grades will not be approved.
(d)
Street intersections. The grade within 100 feet of any side
of an intersection or the outer perimeter of a cul-de-sac shall not
exceed 3%. The grade will be measured along the curbline of the street.
F.
Street intersections.
(1)
Number of intersections. No more than two streets shall cross at
the same point. Four-way intersections are to be avoided in the layout
when three-way or T intersections can be utilized. When existing streets
intersect at odd angles or have more than four approaches, the subdivider,
developer or builder shall be required to make corrective changes
to eliminate the odd angle or reduce the number of approaches to the
intersection by curing the lesser street.
(2)
Minimum angle of intersection. Right angle of intersections shall
be used whenever practicable, especially when local streets empty
into major or secondary streets; there shall be no intersection angle,
measured at the center line, of less than 60° minimum.
(3)
Center line. Where center lines of residential or secondary streets
open into opposite sides of a major street within 100 feet of each
other, they shall be made to coincide by curing the minor street or
streets.
(4)
Primary thoroughfare. Wherever practicable, intersections with secondary
or primary highways shall be kept to a minimum and shall be located
at least 800 feet apart.
(5)
Sight distance. There shall be measured along the center line a minimum
clear sight triangle of 75 feet from the point of intersection. No
building, trees, hedge, shrubbery or other obstruction whatsoever
will be permitted in this area. Any obstruction to sight shall be
removed at the time a building or structure is erected, whichever
shall first occur.
(6)
Approach grades. All approaches to an intersection shall not exceed
3% for a distance of 100 feet measured from the nearest right-of-way
line of the intersecting street. Vertical curves shall be used for
changes of grade of more than 1%.
(7)
Radii of pavement and right-of-way at intersections. Street intersections
shall be rounded with tangential arcs at pavement edge (curbline)
and right-of-way lines as listed below. Where two streets of different
right-of-way widths intersect, the radii of curvature for the widest
street shall apply.
|
Type of Street
|
Minimum Radius of Arc at Intersection of Pavement Edge
or Curb Line
(feet)
|
Minimum Radius of Arc at Intersection of Right-of-Way
Line
(feet)
| |
|---|---|---|---|
|
Primary
|
40 (or more as may be required)
|
20
| |
|
Secondary
|
35
|
25
| |
|
Residential
|
25
|
15
|
G.
Street paving. All street paving must conform to the Standards of
Upper Moreland Township[2] and be approved by the Township Engineer prior to acceptance
by the Board. All grades, horizontal curves, vertical curves, intersections,
sight distances, and tangents shall conform to the requirements established
by this chapter and shall be subject to the approval of the Township
Engineer.
H.
Private streets or roadways. When permitted by the Board of Commissioners,
in the R or R-1 Residential Districts, following review by the Township
Engineer and Advisory Planning Agency, roadways serving as private
streets or roadways shall be developed in accordance with the following
standards:
(1)
Any plan proposing the use of a private street or roadway shall have
a note placed on the plan stating that such private street or roadway
shall not be dedicated to the Township and the Township will not assume
any responsibility for maintenance or snowplowing of such private
street or roadway.
(2)
Roadways serving as private streets shall conform to the minimum
design standards for public streets, including ultimate right-of-way,
with the exception of curbing, sidewalks, shoulder grading and width
of cartway requirements. In no case, however, shall the width of pavement
be less than 20 feet.
(3)
Roadways serving as private streets shall make provisions for drainage
and stormwater runoff in accordance with the review and approval of
the Township Engineer.
(4)
The Board of Commissioners, with the advice of the Advisory Planning
Agency and the Township Engineer, shall evaluate the location, placement
and alignment of roadways serving as private streets based upon the
ease of accessibility to and efficient maneuverability for protective
fire, police and emergency services.
(5)
The owner or owners and all successors of any property or properties
which abut roadways serving as a private street shall be fully responsible,
either singly or jointly, for the permanent improvement of the roadway
and for the maintenance thereof in a good, safe and passable condition.
An agreement, to be approved by the Township Solicitor, to provide
for such maintenance responsibilities shall be recorded with the development
plan.
I.
Trench
backfill outside of public right-of-way. Trench backfill outside of
the public right-of-way, including paved and unpaved areas, must utilize
suitable backfill material compacted to 95% in uniform layers not
exceeding 12 inches. Suitable backfill material includes stone, suitable
soils or other materials as approved by the Township Engineer. Backfill
above underground basins and in other areas deemed necessary by the
Township Engineer must be full stone backfill. If on-site soils are
utilized, then compaction test results must be provided during construction.
[Added 9-12-2011 by Ord. No. 1602]
J.
Trench
backfill in public streets. Full stone backfill with 2A modified stone,
compacted to 95% in uniform layers not exceeding 12 inches, shall
be required for trench restoration within the public right-of-way.
[Added 9-12-2011 by Ord. No. 1602]
A.
Location and design.
(1)
Intersections. Driveways shall be located not less than 40 feet from
the street intersection and shall provide access to the street of
a lesser classification when there are streets of different classes
involved.
(2)
Pavement widths and grades. Driveway paving widths and grades shall
be in accordance with the Standards.
(3)
All driveways shall be located, designed and constructed in such
a manner as not to interfere or be inconsistent with the design, maintenance
and drainage of the highway.
(4)
The Board of Commissioners shall have the authority to approve driveways
intended for the use of two or more families, apartment development,
commercial and industrial projects where usage by the occupants constitutes
essentially a private street. Driveways constituting private streets
are those accessways used by two or more families daily or 10 or more
workers daily for vehicular circulation. Driveways serving as private
streets shall not be dedicated to the municipality nor does the municipality
assume any responsibility for their maintenance.
(5)
Location and placement of driveways serving as private streets shall comply with Subsection A(1) of this section. Additionally, provisions for drainage and stormwater runoff shall be approved by the Township Engineer.
(6)
The Board of Commissioners shall evaluate the location, placement
and alignment of driveways serving as private streets based upon the
ease of accessibility to and efficient maneuverability through the
development for protective services of fire and police.
B.
Construction.
(1)
Construction of driveways to be used as private streets shall conform
to minimum design standards for residential streets, other than those
standards applicable to rights-of-way, width, curbing and shoulder
grading.
(2)
The owner and all successors of any property which is to abut any
driveway serving as a private street shall be fully responsible for
the permanent improvement of the driveway(s) and for the maintenance
thereof in a good and safe condition.
A.
Automobile parking facilities shall be provided off street in accordance
with requirements of the Zoning Ordinance and this chapter.
B.
At no time shall angle or perpendicular parking along the curbs of
local, public or private access roads or streets be permitted. All
parking lots and bays allowing any parking other than parallel shall
be physically separated from the cartway by a minimum of seven feet
and confined by barrier curbing.
C.
No one area for off-street parking of motor vehicles in residential
areas shall exceed 36 cars in capacity. Separate parking areas on
a parcel shall be physically separated from one another by ten-foot
planting strips.
D.
No less than 20 feet of open space shall be provided between the
curbline of any parking area and the outside wall of the dwelling
unit in residential areas.
E.
In commercial and industrial districts, provision of "common parking
facilities" is hereby encouraged in recognition of their increased
flexibility and efficiency. Subject to formal arrangements between
the proposed users of the common parking facilities satisfactory to
the Township, the Zoning Hearing Board may reduce the aggregate amount
of required parking space upon determination that greater efficiency
is effected by joint use of the common parking area. When common parking
facilities are approved, side and/or rear yard parking requirements
may be waived in order to establish unified and continuous parking
areas. In such cases, access drives and sidewalks shall be so aligned
as to maximize parking efficiency and minimize traffic congestion.
Entrances and exits must have good visibility so that, both going
in and coming out, drivers can see and cars can be seen.
F.
Parking stall dimensions shall be not less than nine feet in width
and 18 feet in depth.
G.
All dead-end parking lots shall be designed to provide sufficient
back-up area for the end stalls.
H.
No less than a five-foot radius of curvature shall be permitted for
all curblines in all parking areas.
I.
Parking lot dimensions shall be no less than those listed in the
following table:
|
Parking Stall
(feet)
|
Aisle Width
(feet)
| ||||
|---|---|---|---|---|---|
|
Angle of Parking
(degrees)
|
Depth
|
Width
|
One-Way
|
Two-Way
| |
|
90°
|
18
|
9
|
25
|
25
| |
|
60°
|
18
|
9
|
18
|
20
| |
|
45°
|
18
|
9
|
15
|
18
| |
J.
Parking areas shall be constructed in accordance with the Standards.
A.
Where required.
(1)
Sidewalks shall be provided along all streets excepting where, in
the opinion of the Board, they are unnecessary for the public safety
and convenience.
(2)
In land developments with common areas, sidewalks shall be located
appropriately to serve as access between parking areas and buildings
and in common areas to serve as internal site circulation.
(3)
In all subdivisions or land developments in which sidewalks are provided
in accordance with the provisions of this section, handicapped ramps
shall be provided at all intersections of streets and in land developments
with common areas, including parking areas. Handicapped ramps shall
be located appropriately to allow access between parking areas and
sidewalks and buildings. Handicapped ramps shall be constructed in
accordance with the Standards.
B.
Width. Sidewalks shall not be less than four feet in width in residential
areas. A greater width may be required in areas in which apartments
or business buildings are located or deemed necessary at the discretion
of the Board.
C.
On public streets. Sidewalks shall be located between the curb and
right-of-way line one foot from the right-of-way line. The grade and
paving of the sidewalk shall be continuous across driveways except
in certain cases where heavy traffic volume dictates special treatment.
D.
Crosswalks. Crosswalks not less than 10 feet wide and with concrete
or asphalt paving not less than four feet wide may be required where
necessary to provide access to schools, churches, parks and commercial
areas. They shall be maintained by the abutting property owners in
the same manner as sidewalks on public streets.
A.
Concrete curbs.
(1)
Concrete curbs shall be installed along each side of every residential,
secondary or primary street and along every private street, access
driveways and parking areas in land developments.
(2)
Concrete curbing shall be required on all entrance driveways and
parking lots for industrial and commercial properties where the traffic
generated will be transient. This shall include any new facility and
any additional parking in industrial or commercial areas required
by building additions or expansions.
(3)
Concrete curbing shall be required on all multifamily dwellings which
have common parking areas.
(4)
Concrete curbing shall be required where embankments exist adjacent
to parking areas or driveways where potential danger to the traveling
public exists and where the curb is necessary for the control of stormwater.
(5)
Concrete curbing shall be required on any existing or proposed road
adjacent to a subdivision.
(6)
The Board of Commissioners may waive the curbing requirement if the
developer can establish to the Township that a proposed system of
designed swales can perform the drainage function comparable to a
system of curbs and inlets and that the appearance and functioning
of the roadway and parking lot system shall not be impaired by the
lack of curbing.
B.
Granite curbs.
(1)
Granite curbs may be installed along each side of every residential,
secondary or primary street and along every private street, access
driveways and parking areas in land developments in place of the installation
of concrete curbs as required above, provided that such installation
shall be for the entire block.
(2)
Granite curbing may be installed on all entrance driveways and parking
lots for multifamily, industrial and commercial properties in place
of the installation of concrete curbs as required above, provided
that in the event that the street frontage of such property has concrete
curbs, the granite curbing shall be installed only in the interior
portions of such property and such granite curbing shall commence
at the end of the radius curbing for any entrance road or driveway.
(3)
Where the existing curbing is granite along any residential, secondary
or primary street in a residential subdivision or along any private
street, access driveways and parking area in land developments, any
new or additional curbing shall be granite curbs.
A.
Length. In general all blocks in a subdivision shall have a minimum
length of 500 feet and a maximum length of 1,200 feet unless special
conditions warrant a variance.
B.
Width. Whenever practicable, blocks shall be of such width as to
provide two tiers of lots of the minimum size permitted under the
applicable zoning classification except in the case of lots along
a major thoroughfare where the lot fronts on an interior street.
(1)
Through lots. Double-frontage lots are to be avoided and generally
will not be permitted except where reversed frontage is desired away
from a major thoroughfare to a street of lesser traffic volume.
C.
Blocks. Blocks for commercial and industrial areas may vary from
the elements of design contained in this section if the nature of
the use requires other treatment. In such cases, off-street parking
for employees and customers will be required along with safe and convenient
access to the street system. Space for off-street loading will also
be required with similar access. Extension of streets, railroad access
right-of-way, and utilities shall be provided. The amount of parking
space shall be as required by the Zoning Ordinance.
A.
Depth. Lots excessively deep in relation to width are to be avoided.
A proportion of 2 1/2 to 1 is generally regarded as the proper
maximum for lots 60 feet or more in width.
B.
Width. The minimum width for a lot, as required for the applicable
zoning district, shall be that width which is measured along the building
setback line, except in the case of a rear lot, in which case the
measurement shall be done at the end of the access strip where the
rear lot proper begins.
C.
Corner lots. All corner lots shall be a minimum of 1 1/2 times
the minimum width of interior lots in the same tract, except in the
case of lots of 40,000 square feet or more.
D.
Public road frontage. Every lot shall have frontage along a public
street of a minimum width along the right-of-way line of 50 feet,
except where the requirements of the applicable zoning district provides
for a lesser width, but in no case less than 25 feet, except for the
following:
(1)
Lots abutting a private street or roadway, in accordance with the standards set forth in § 300-15 hereof, in the R and R-1 Residence Districts, following review of the proposed private street or roadway by the Township Engineer and the Advisory Planning Agency and approval by the Board of Commissioners; and
(2)
Rear lots in accordance with the standards set forth hereafter in
this section, provided that the access strip shall have a minimum
width along the right-of-way line of 25 feet.
(3)
Lots abutting the turnaround of a cul-de-sac street shall have a
minimum width along the right-of-way line of 25 feet.
E.
Side lines. Whenever practicable, the side lines of a lot shall be
set at right angles or radial to the right-of-way line.
F.
Lot numbers. For the purposes of development, each subdivision shall
have an overall system of lot numbers, with the numbers being assigned
in sequence within each section to be developed.
G.
Building numbers. Building numbers shall be assigned by the Township
based on the overall street plan, taking into account vacant parcels
or future development.
H.
Rear lots. Rear lots shall be allowed only when it is demonstrated
by the applicant that no other method of subdivision is practical
or desirable on the subject tract, or that such subdivision will result
in a development that is clearly superior to the provision of lots
directly abutting a public street and shall be subject to the following
standards:
(1)
Rear lots shall generally be permitted only in residential subdivisions
and preferably be limited to lower-density areas. No subdivision shall
be laid out more than one rear lot deep.
(2)
Access to the rear lot shall be through an access strip held in fee
simple ownership with the rear lot not through an easement over adjacent
property. The access strip shall be located to avoid any sensitive
or significant environmental features.
(3)
The access strip shall not be included in the calculations of net
lot area required by the minimum standards of the applicable zoning
district.
(4)
The access strip shall be a minimum of 25 feet in width, no greater
vertical grade than 10%, nor shall an access strip have any turns
greater than 60°.
(5)
As a guide, the preferred length of access strips is approximately
equal to the depth of one lot which complies with the minimum lot
width and area requirements of the district in which it is located.
In no case shall the access strip exceed three times this depth.
(6)
No structures other than fences and no accessory buildings shall
be constructed in the access strip.
(7)
No more than two access strips will be permitted to abut one another.
No subdivision of land will be approved with the property line
extending through any portions of any existing structure.
A.
If structure(s) is to remain.
(1)
In residential zoning districts of the Township, the lot size and
the lot dimensions of the newly created lot containing the structure(s)
must be in scale with the height and bulk of the structure even if
this requires a lot area and/or dimensions exceeding the minimum zoning
requirement for that district. Structures proposed on the vacant portions
of lands being subdivided shall conform to the extent possible with
the height, bulk, building materials and architectural character of
the existing structures in the immediate vicinity, and the subdivision
plans shall show building plans at suitable detail.
(2)
In other zoning districts of the Township (especially commercial
and industrial districts), the subdivision of the land must provide
adequate service and parking facilities, etc., in keeping with the
minimum requirements of the Zoning Ordinance for each lot and cumulatively
for all lots in the subdivision. No subdivision will be approved in
such instances if the servicing and/or parking facilities, etc., attendant
to the existing structure are deemed inadequate or would be considered
to become inadequate with the development of the now vacant lands.
Any new structures contemplated on the newly subdivided parcels shall
be in conformity with the existing structures in the immediate vicinity
to the extent possible in regards to height, bulk, building material
and architectural character, and the subdivision plans shall show
building plans at suitable detail.
(See Ch. 287, Stormwater Management.)
A.
Those areas defined as floodplain by the Floodplain Conservation
District of the Township Zoning Ordinance[1] shall be subject to the requirements and restrictions
contained in the Zoning Ordinance and the following additional regulations
which are intended to conform to the requirements of § 1910.3b
of the National Flood Insurance Program, P.L. 93-234.[2]
B.
The Board of Commissioners may, when it is deemed necessary for the
health, comfort, safety, or welfare of the present and future population
of the area, and necessary to the conservation of water, drainage
and sanitary facilities, prohibit subdivision of any portion of the
property which lies within the floodplain of any stream or drainagecourse.
C.
All floodplain areas shall be preserved from any and all destruction
or damage by clearing, grading, or dumping of earth, waste material,
stumps, or other material of any kind.
D.
Each subdivision lot or development site in flood-prone areas shall
be provided with a safe building site with adequate access. Public
facilities which serve such sites shall be designed and installed
to preclude flood damage at the time of initial construction.
E.
Developers shall consult with the Township Engineer to make a determination
as to whether or not the proposed subdivision or land development
will be affected by an identified flood-prone area.
F.
If the Board of Commissioners determines that only a portion of a
proposed plan can be safely developed, it shall limit development
to that part and shall require that development proceed consistent
with this determination.
G.
Any development which creates a significant change in the characteristics
of the watershed, thus increasing volume and velocity of surface water
runoff, due to the decrease in retention and infiltration of stormwater
shall not be permitted until guarantees are made of improvements that
will reduce the likelihood of erosion, sedimentation, inundation,
and water drainage from peak periods of precipitation and provide
for controlled disposal of excess surface water. Such improvements
must satisfy the requirements and regulations of the Pennsylvania
Department of Environmental Protection, Bureau of Water Quality Management
and Dams and Encroachments.
H.
All continuously flowing natural watercourses shall be maintained
in their natural state, except that removal of debris and correction
of severe erosion shall be required.
I.
Intermittent watercourses shall be maintained essentially at their
existing alignments and gradients except that they may be improved
by minor regrading and shall either be planted in grass or provided
with erosion-preventive improvements such as riprap. Paving of such
watercourses shall not be allowed nor shall piping, except under roads,
driveways and walkways.
[Amended 11-10-2008 by Ord. No. 1566]
A.
Whenever the vegetation and topography are to be disturbed, such activity must be in conformance with Title 25, Rules and Regulations, Part I, Commonwealth of Pennsylvania, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion Control, and in accordance with the Montgomery County Conservation District.
B.
Additional erosion and sedimentation control design standards and
criteria that must be applied where infiltration BMPs are proposed
shall include the following:
(1)
Areas proposed for infiltration BMPs shall be protected from sedimentation
and compaction during the construction phase, so as to maintain their
maximum infiltration capacity.
(2)
Infiltration BMPs shall not be constructed nor receive runoff until
the entire contributory drainage area to the infiltration BMP has
received final stabilization.
A.
General.
(1)
This section shall be applicable to all subdivisions and land development,
whether utilizing public or private streets or driveways serving as
private streets, and in the case of a subdivision or land development
utilizing private streets, the subdivider or applicant shall execute
recordable covenant with the Township that, for the purposes of sewer
connections, assessments and rentals, the rights and liabilities of
himself and his grantees, heirs, successors, and assigns shall be
the same as if his property abutted a public street.
B.
Sewers.
(1)
Whenever practicable, sanitary sewers shall be installed and connected
to the Township sanitary sewer system following review of plans and
approval by the Pennsylvania Department of Environmental Protection
(DEP). In areas not presently served by public sanitary sewers, appropriate
sewage disposal must be provided in accordance with the regulations
of DEP, and in addition the installation and capping of sanitary sewer
mains and house laterals may be required if studies by the Township
indicate that extension of public sanitary sewer trunks or laterals
to serve the property subdivided appears probable or necessary to
protect public health.
(2)
When consistent with the Township Sewage Facilities Plan, sanitary
sewer systems, with connection to each building in a subdivision or
land development, shall be installed at the expense of the applicant
or subdivider and connected to the Township sanitary sewer system.
(4)
If outfall sewers are not available in the vicinity but are considered
reasonably necessary in the near future by the Township for the area
in question, a system of sewers, together with all necessary laterals
extending from mains to the street right-of-way line, shall be installed
at the expense of the subdivider or applicant. The sewer lines shall
be suitably capped at the limits of the subdivision or land development,
and the laterals shall be capped at the right-of-way line. The sewer
installation shall include the construction within rights-of-way or
easements to bring the sewer to the future connection with the Township
sanitary sewer system.
(5)
If sanitary sewers are not to be installed at the time of subdivision
and development, subdividers shall grant, reserve, and set aside easements
in streets and roads for installation and maintenance of sewer lines
at such time that the subdivision or land development shall be a part
of the Township sanitary sewer system.
(6)
A sewer shall be considered to be planned for extension to a given
area any time after preliminary engineering and related studies have
been completed and the construction of facilities adequate to serve
the area containing the subdivision has been programmed for completion
within a reasonable time.
(7)
When capped sewers are provided, on-site disposal facilities shall
also be provided.
(8)
All sanitary sewer systems located in flood-prone areas, whether
public or private, shall be floodproofed up to a point one foot above
the established flood level or regulatory flood elevation (where available).
C.
Design and construction.
(1)
The design and construction of the sanitary sewer system, including
size and grade of sewer pipe, manholes, laterals, pumping stations,
trenches and all appurtenant work thereto, shall be in accordance
with the Standards of Upper Moreland Township.
(2)
Laterals. Lateral connections to each lot shown on the final plan
shall be installed to the right-of-way line of the street prior to
paving. Each building shall have a separate connection to the Sanitary
Sewer System.
(3)
Pumping station. The installation of a pumping station shall be permitted
if approved by the Board of Commissioners. The design, plans and specifications
for the installation of a pumping station shall be approved by the
Township Engineer prior to the approval of the subdivision or land
development plans.
D.
On-lot disposal system. If public sewage disposal is not available
and the sewage treatment is on a project or individual-lot basis,
such private facilities must be installed by the subdivider, developer
or builder in accordance with the provisions of Act 537, the Pennsylvania
Sewage Facilities Act.[3]
(1)
The usable area for sewage disposal shall be shown on the preliminary
plan for each lot. The usable area shall be situated beyond the radius
of the water supply well and shall conform to all rules and regulations
or future amendments thereto of DEP and Upper Moreland Township.
(2)
Proximity to wells. In no instance shall a septic tank, tile field
or other effluent-disseminating system be located uphill from a drilled
well and shall not be closer to it than 100 feet and 10 feet from
any dwelling or property line.
[3]
Editor's Note: See 35 P.S. § 750.1.
A.
Each lot in a subdivision and each building intended for occupation
by persons in a land development shall be provided with an adequate
supply of potable water by means of service from a public utility
holding a certificate of public convenience from the Pennsylvania
Public Utility Commission, a bona fide cooperative association of
lot owners, or by a municipal corporation, authority or utility. The
public water system shall be designed to provide a loop system unless
the developer can establish that the construction of a loop system
will be an undue hardship.
B.
Where no public water service is available and it would be an undue
hardship for the subdivider to have the public water service extended,
the subdivider may, on approval of the Board of Commissioners, be
permitted to construct a well on each lot. All wells shall be constructed
according to present rules and regulations or any future amendments
thereto of the Department of Environmental Protection and the Upper
Moreland Township Zoning Ordinance.[1]
C.
The proposed location of the wells shall be shown on the preliminary
plan for each lot. Where there are existing wells on the property
or adjoining lots, they must also be shown.
D.
A circular area with a radius conforming to the rules and regulations
or future amendments thereto of the State Department of Environmental
Protection and the Township shall be shown around each well to denote
clear space in which no sewage system is to be located.
E.
Where public water service is furnished, the circles are not necessary,
with the exception of those wells lying immediately adjacent to the
subdivision. However, the usable area is limited by a clear zone surrounding
the water service line to each house as required by the State Department
of Health and the Township.
A.
All electric, telephone and communications service facilities, both
main and service lines, shall be provided by underground cables, installed
in accordance with the prevailing standards and practices of the utility
or other companies providing such services, except where it is demonstrated
to the satisfaction of the Board of Commissioners that the underground
installation herein required is not feasible because of the physical
condition of the lands involved; all main underground cables which
are within the right-of-way of a street shall be located as specified
by the Board of Commissioners.
B.
Easements for utilities. Easements having a minimum width of seven
feet shall be provided along the rear of lots for use of utility companies
for constructing, operating and maintaining facilities utilizing overhead
pole line construction where said overhead line(s) are permitted.
A.
Streetlighting shall be installed along each street in each subdivision
and along each street front abutting a public street in each land
development by the developer and at the expense of the developer.
The developer shall submit a plan showing the type and location of
each streetlight to be installed, which plan shall also specify the
supplier and installer of such lights. The plan will be submitted
for review and approval by the Township, and no streetlights shall
be installed prior to such review and approval.
B.
Upon final approval of construction and dedication of all public
improvements, the developer shall dedicate the streetlights to the
Township and shall assign all applicable warranties to the Township.
C.
All streetlights shall be mounted on metal streetlight standards
or poles designed for such purpose.
A.
Monuments shall be of stone or concrete and located on the right-of-way
lines at corners, angle points, beginning and end of curves, and as
otherwise required. Monuments shall be indicated on all plans. They
shall be placed after a new street has been completed. A certified
copy of this referenced information shall be given to the Township
Engineer. Permanent reference monuments of case concrete or durable
stone, 20 inches by four inches by four inches, with 45° beveled
edges, shall be set by the subdivider, developer or builder at all
corners and angle points of the boundaries of the original tract to
be subdivided and at all street intersections and intermediate points
as may be required.
B.
Staking requirements. All lots shall be staked by the registered
engineer or surveyor for the subdivider when final grading has been
completed. This stakeout shall be visible and completed before an
owner or occupant moves into the property. All lot corner markers
shall be permanently located and shall be at least five-eighth-inch
metal pin with a minimum length of 24 inches, located in the ground
to existing grade.
Limit of contract. Where the applicant is offering for dedication
or is required by ordinance to establish a reservation of open space
or preserve an area of scenic or historic importance, a "limit of
contract" which will confine excavation, earthmoving procedures and
other changes to the landscape will be required to ensure preservation
and prevent destruction of the character of the area in open space.
A.
Roadways.
(1)
Access roadways shall be a minimum of 35 feet wide, appropriate radii
on curves.
(2)
Private interior circulation drives shall be a minimum of 25 feet
wide, excluding parking.
(3)
The driveway in a parking lot must be a minimum of 25 feet wide,
excluding parking.
(4)
All interior roadway turns must be a maximum of 90° and shall
be not less than 25 feet wide, continuously unobstructed. The outside
curb radius shall be a minimum of 50 feet.
(5)
Parking shall not be permitted within 15 feet of a fire hydrant.
(6)
Dead ends that exceed 150 feet shall be provided with an adequate
turnaround or a ninety-foot-diameter cul-de-sac.
(7)
A roadway or fire walkway may be no closer than five feet and no
further than 25 feet away from a structure.
(8)
All buildings three stories or higher must be provided with two means
of access, not less than 25 feet wide each, from the roadway or fire
walkway to the building, providing access for fire equipment to entire
building perimeter.
(9)
Newly constructed overhead obstructions at a roadway or fire walkway
must have a minimum of 15 feet clearance in order for a fire vehicle
to pass safely underneath.
B.
Walkways that accommodate fire vehicles.
(1)
Walkways that accommodate fire vehicles may be permitted in extreme
or unusual cases and are subject to approval.
(2)
Fire walkways must be a minimum of 12 feet wide and designed to withstand
the weight of a fire vehicle (minimum 20 tons).
(3)
Fire walkways shall be linked to the roadways by means of a curb
cut and ramp to the elevation of any fire walk or drive. Grades on
fire walkways or fire lanes shall not exceed 10%.
(4)
Provisions shall be made to ensure access to the fire walkways. No
parking shall be permitted within 15 feet of access to fire walkways.
A chain shall be placed across the entrance to the fire lane or walkway,
of one-fourth-inch non-case-hardened steel. Location of the chain
to be approved by the Upper Moreland Fire Marshal.
C.
Fire hydrants and connections.
(1)
The Fire Marshal shall approve the location of all fire hydrants
and connections in accord with the following:
(a)
All buildings or portions of buildings more than 150 feet from
a public street shall be provided with approved fire hydrants. Fire
hydrant(s) will be placed a maximum of 300 feet from each building
to be protected.
(b)
All hydrants shall be supplied by at least a six-inch main,
installed on a loop system, and shall have connections in accordance
with the Fire Prevention Code.
(c)
Fire hydrants located in parking areas shall be located within
three feet of the driveway or roadway. The hydrant shall be protected
by eight-inch elevated concrete curbing.
(2)
Building under construction. A working hydrant shall be within 500
feet of all buildings under construction. A passable roadway, at least
stone based, capable of supporting 20 tons, without obstructions,
so that fire equipment can get to any building.
[Amended 2-4-2008 by Ord. No. 1555]
A.
Reserve strips controlling access to streets, subdivisions or adjacent
areas are prohibited.
B.
Right-of-way for streets shall be required as needed, the location
and width in each case to be determined by the Board of Commissioners.
(1)
Building setback lines shall be measured from the nearest side of
the ultimate right-of-way of a street to the proposed building.
(2)
Nothing shall be permitted to be placed, planted, set or put within
the area of a right-of-way for a street. The area shall be kept as
lawn with the exception of mailboxes.
(3)
The owner of any lot, upon written request by the Township, and at
the owner's sole expense, shall remove anything placed, planted,
set or put (with or without knowledge of this regulation) within the
area of any right-of-way of a street.
C.
Easements for sanitary utilities, drainage purposes, public utilities,
or for any specific purpose shall be required as needed, the location
and width in each case to be as determined by the Board of Commissioners.
(1)
Building setback lines shall be five feet from the nearest side of
the easement to the proposed building.
(2)
Nothing shall be permitted to be placed, planted, set or put within
the area of an easement. The area shall be kept as lawn.
(3)
The owner of any lot, upon written request by the Township, and at
the owner's sole expense, shall remove anything placed, planted,
set or put (with or without knowledge of this regulation) within the
area of any easement.
(4)
To the fullest extent possible easements shall be adjacent to rear
or side lot lines.
D.
No right-of-way for a street nor an easement for any purpose whatsoever
shall be recited or described in any deed unless the same has been
shown on an approved plan. Any error found in a deed shall be immediately
corrected and rerecorded in the Office of the Recorder of Deeds for
Montgomery County at Norristown, Pennsylvania, at the sole expense
of the subdivider.
E.
Easements. Easements for present or ultimate construction of storm
drains and sanitary sewers having a minimum width of 20 feet shall
be provided where necessitated by topographic conditions. Where a
subdivision or land development is traversed by a natural watercourse,
there shall be provided a drainage easement of right-of-way conforming
substantially with the line of such watercourse and of such widths
as will be adequate to preserve natural drainage.
A.
Wherever practicable, provision shall be made for suitable open space for parks, playgrounds and recreational areas. In commercial areas, provision shall be made for suitable open space for walkways (connecting parking facilities with commercial structures), malls, sitting areas, etc. Due consideration shall be given to the preservation of natural features, including large trees, groves, waterways, scenic points, historical spots, and other community assets. Developers or subdividers shall provide land or public space for open space, parks and active or passive recreation areas, as required by § 350-183 of the Zoning Ordinance, in accordance with the following standards:
B.
Amount.
(1)
Land set aside for open space by the developer shall not include
the following: Impervious surface coverage, such as public or private
streets or roads or parking areas; any area conveyed to owner or occupant
of property as theirs by sale or lease, such as yard areas; more than
30% of buffer yard areas; more than 50% of land which is required
to be preserved as open space pursuant to other provisions of the
Upper Moreland Township Zoning Ordinance.
(2)
An amount of land to be provided for recreation and open space purposes
shall be supplied by residential subdividers or land developers for
all single-family residential developments of five or more units.
The developer shall provide 1,000 square feet of recreation land for
each and every lot or dwelling unit. Recreation land dedicated must
meet standards established in this chapter. For multifamily residential
developments, the following scale shall apply:
|
Dwelling Units
(per gross acre)
|
Percent of Total Gross Area
| |
|---|---|---|
|
1 to 5
|
10%
| |
|
6 to 10
|
13%
| |
|
15 to 20
|
17%
|
(3)
This provision shall not apply to any lot held in single or separate
ownership by deed recorded prior to the effective date of this article
which is to be utilized for single-family detached or semidetached
dwelling in a zone where said uses are permitted.
(4)
The
amount of land to be provided for recreation and open space purposes
supplied by subdividers or land developers for all nonresidential
subdivisions involving more than 5,000 square feet of proposed building
floor area shall be calculated to provide 1,000 square feet of recreation
land for every 5,000 square feet of proposed building floor area.
[Added 9-12-2011 by Ord. No. 1602]
C.
Review. All subdivisions and land development shall be submitted
to the Township Commissioners, the Parks and Recreation Director,
the Recreation Advisory Board, and the Advisory Planning Agency for
their review and approval. Each reviewer shall consider the following
criteria in determining whether to approve the proposed location of
the recreation and open space areas in the developer's subdivision
or development plan:
(1)
Site or sites should be easily and safely accessible from all areas
of development to be served, have good ingress and egress, and have
access to a public road; however, no road shall traverse the site
or sites.
(2)
Site or sites should have suitable topography and soil conditions
for use and development as a recreation and open space area.
(3)
Size, shape, and location should be suitable for the parcel's
intended use.
(4)
Site should be free of transmission lines whether underground or
overhead.
(5)
Consideration should be given as to whether or not the proposed site
is accessible to utilities such as water, power, or light.
(6)
Site should be compatible with the Upper Moreland, county, and state
comprehensive recreation and park plans.
D.
Environmental standards.
(1)
Prior to submission of plans for development, the developer shall
determine environmental or natural features which are present and
a method to protect them during development. Size alterations, including,
but not limited to, regrading the topography; filling lakes, ponds,
marshes or floodplains; clearing vegetation or altering watercourses
shall be a violation of this article. Where alterations occur, before
approval, restoration of the site to its original state shall be required.
(2)
Floodplains. All such lands shall remain as permanent open space.
Roads may cross the floodplain where design approval is obtained in
accordance with the requirements of the Township's Floodplain
Conservation District.
(3)
Slopes. No more than 40% of a sloped area which is 8% to 15% shall
be developed, regraded or stripped of vegetation. No more than 30%
of land sloped 15% to 25% shall be developed or regraded or stripped
of vegetation. No more than 15% of land with a slope which is 25%
or greater can be developed, regraded or stripped of vegetation.
(4)
Forest. No more than 30% may be cleared or developed; 70% or more
shall be retained and maintained as open space.
(5)
Lakes, ponds, wetlands, or watercourses shall be left as open space.
(6)
Pond shorelines. The shorelines of ponds (bodies of water less than
two acres in area) shall, to a depth of 150 feet from the shorelines,
contain no more than 10% impervious surfaces. At least 80% shall be
permanent open space. This shall apply also to wetlands of less than
two acres.
E.
Offer of dedication to the Township.
(1)
An applicant or developer shall offer the public dedication of land
required by this section for open space, park and recreational use
to the Township, and the Board of Commissioners is authorized to enter
into agreements with the applicant or developer for the construction
of recreational facilities by such applicant or developer.
(2)
The applicant or developer shall cause the preparation of a legal
description with metes and bounds of the land being offered for dedication,
which dedication the Township may accept by resolution.
(3)
In the event that the Board of Commissioners determines not to accept
the dedication of the land required to be set aside as open space,
park or recreational land, the applicant or developer shall be required
to submit a plan for the perpetual administration and maintenance
of the open space, park or recreational land by any means reasonably
designed to fulfill this requirement, including but not limited to
a land conservancy or a homeowners' association; provided, however,
that the open space shall be conveyed pursuant to a deed of trust
having the specific condition that, in the event that the conservancy
or homeowners' association dissolves or seeks to dispose of the land
in question, such land must be offered for dedication to the Township
prior to any other disposition.
(4)
The record plan as required by § 300-53C shall set forth the location of any open space, park or recreational land and shall reflect either the dedication and acceptance by the Township or the method by which the perpetual administration and maintenance under Subsection E(3) above is to be achieved.
F.
Fee in lieu of open space.
(1)
Where the Board of Commissioners, after review and comment by the
Advisory Planning Agency and the Parks and Recreation Advisory Board,
determines that, as a result of the size, shape, location, access,
topography, or other physical features of the land, the setting aside
of land for open space, park or recreational use as required by this
section is impractical or unwarranted, a fee in lieu of setting aside
such land shall be required in order to finance the provision of open
space, park or recreational land for the use of Township park or recreational
facilities by future inhabitants of the development or subdivision.
The fee in lieu of the provision of such open space within the subdivision
or land development shall be $500 per dwelling unit for residential
subdivisions and land developments and $500 per 1,000 square feet
of required open space for nonresidential subdivisions and land developments,
with such fee being payable at the time of obtaining any building
permit.
[Amended 9-12-2011 by Ord. No. 1602]
(2)
The fee authorized under this subsection shall, upon its receipt
by the Township, be deposited in the capital reserve fund under an
interest-bearing account; any fee received shall, unless the person
paying such fee agrees otherwise, be clearly identified to a specific
recreational facility or facilities of the Township accessible to
the subdivision or land development for which the fee was received.
Interest earned on such accounts shall become funds of that account.
Funds from such accounts shall be expended only in properly allocable
portions of the cost incurred to construct the specific recreational
facilities for which the funds were collected.
(3)
The fees in lieu of the provision of park and recreational areas
shall be used, unless the person paying such fee shall agree otherwise,
only for the purpose of providing park or recreational facilities
accessible to the subdivision or land development for which such fees
are paid.
A.
The standards of design of this article should be used to judge the
adequacy of subdivision or land development proposals. Where, in the
opinion of the Township Engineer, the literal application of these
standards in certain cases would work undue hardship or be plainly
unreasonable, the Township Engineer may recommend to the Board of
Commissioners such reasonable exceptions as will not be contrary to
the public interest. The Board of Commissioners may modify or adjust
the standards to permit reasonable utilization of property while securing
substantial conformance with the objectives of the regulations.
B.
The standards included in this chapter are minimum design requirements.
The Board of Commissioners reserves the right in any case to request
that development features exceed these standards if conditions so
warrant.
C.
In reviewing subdivision or land development plans, the Board of
Commissioners shall refer such plans to the Township Planning Commission
for recommendations concerning the adequacy of existing and proposed
community facilities to serve the additional dwellings proposed by
the subdivision or land development.
D.
Subdividers are requested to give careful consideration to the desirability
of providing adequate rights-of-way and paving on existing streets,
and reserving areas and easements for facilities normally required
in residential sections, including churches, libraries, schools and
other public buildings, parks, playgrounds and play fields; shopping
and local business centers; rights-of-way and easements for storm
and sanitary sewer facilities in those areas that cannot be immediately
joined to the existing storm and sanitary sewer systems of the Township.
E.
Areas provided or reserved for such community facilities should be
adequate to provide for building sites, landscaping and off-street
parking as appropriate to the use proposed. The Board of Commissioners
reserves the right to accept or refuse offers of dedication for public
uses.
A.
Existing wetlands on a site shall fall into two classifications:
wetlands that will be filled, as permitted by state and federal regulations,
and unfilled wetlands.
B.
Compliance with federal and state wetlands regulations. For proposed
uses, activities or improvements which would entail the regrading
or placement of fill in wetlands, the applicant shall provide the
Township with proof that the proposed plan complies with the Pennsylvania
Department of Environmental Protection (Bureau of Dams and Waterway
Management) (PADEP) and the United States Army Corps of Engineers
(USACE) regulations for areas identified as wetlands. If permits are
required by the PADEP or USACE, copies of the approved permits must
be supplied to the Township before final plan approval.
C.
The following requirements apply to remaining unfilled wetlands:
(1)
Buildings, parking lots, and other structures, except fences, shall
be set back at least 25 feet from the delineated edge of the unfilled
wetlands.
(2)
Vegetation in unfilled wetlands shall remain undisturbed and left
in its natural state, except as noted below:
(a)
Recreational trails, roads, railroads, centralized sewer and/or
water lines, and public transmission lines shall be permitted to disturb
existing vegetation, provided such crossings comply with state and/or
federal regulations.
(b)
Limited thinning and trimming of vegetation shall be permitted
in order to remove or repair dead, diseased or damaged trees and in
order to improve conditions for growth of desirable species.
(c)
Construction of fences.
A.
No regulated earth disturbance activities within the Township shall
commence until approval by the Township of an erosion and sediment
control plan for such construction activities.
B.
DEP has regulations that require an erosion and sediment control
plan for any earth disturbance activity of 5,000 square feet or more,
under 25 Pa. Code § 102.4(b).
C.
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction
activities permit is required for any earth disturbance of one acre
or more with a point source discharge to surface waters or the Township's
storm sewer system or five acres or more regardless of the planned
runoff. This includes earth disturbance on any portion of, part of
or during any stage of a larger common plan of development.
D.
Evidence of the obtaining of any required permits for regulated earth disturbance activities from the appropriate DEP regional office or county conservation district must be provided to the Township. The issuance of a NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements in Subsection A.
E.
A copy of the erosion and sediment control plan and any required
permit, as required by DEP regulations, shall be available at the
project site at all times.
A.
No regulated earth disturbance activities within the Township shall
commence until approval by the Township of a plan which demonstrates
compliance with state water quality requirements after construction
is complete.
B.
The BMPs must be designed to protect and maintain existing uses (e.g.,
drinking water use, cold water fishery use) and maintain the level
of water quality necessary to protect those uses in all streams, and
to protect and maintain water quality in "special protection" streams,
as required by statewide regulations at 25 Pa. Code Chapter 93 (collectively
referred to herein as "state water quality requirements").
C.
To control post-construction stormwater impacts from regulated earth
disturbance activities, state water quality requirements can be met
by BMPs, including site design, which provide for replication of preconstruction
stormwater filtration and runoff conditions, so that post-construction
stormwater discharges do not degrade the physical, chemical or biological
characteristics of the receiving waters. As described in the DEP's
Comprehensive Stormwater Management Policy (No. 392-0300-002, September
28, 2002), this may be achieved by the following:
(1)
Infiltration: replication of preconstruction stormwater infiltration
conditions;
(2)
Treatment: use of water quality treatment BMPs to ensure filtering
out of chemical and physical pollutants from the stormwater runoff;
and
(3)
Stream bank and streambed protection: management of volume and rate
of post-construction stormwater discharges to prevent physical degradation
of receiving waters (e.g., from scouring and erosion).
D.
DEP has regulations that require municipalities to ensure design,
implementation and maintenance of BMPs that control runoff from new
development and redevelopment after regulated earth disturbance activities
are complete. Those regulations or such regulations as may hereafter
be adopted by DEP, which set forth requirements relating to but not
limited to requirements to implement post-construction stormwater
BMPs with assurance of long-term operations and maintenance of those
BMPs, are incorporated herein by reference as though fully set herein.
E.
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or county conservation district must be provided to the Township. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements in Subsection A.
