[Ord. 01-11, 6/21/2001, § 701]
1.
The design standards and requirements outlined in this Section will
be utilized in determining the adequacy of all plans for proposed
subdivisions and land developments.
2.
Development shall be planned, reviewed and carried out in conformance
with all Township, county, state, federal and other applicable laws
and regulations.
3.
Whenever other ordinances and regulations impose more restrictive
standards and requirements than those contained herein, the more restrictive
standards and regulations shall apply. Whenever the standards and
requirements contained herein are more restrictive than those imposed
in other ordinances and regulations, the more restrictive standards
and regulations herein shall apply.
4.
Land shall be suited for the purpose for which it is to be subdivided.
Land with unsafe, environmentally sensitive or hazardous conditions,
such as may have been identified in the Upper Macungie Township Comprehensive
Plan, though not limited to those features or mapping therein, shall
not be subdivided unless adequate mitigation measures eliminate or
protect against these conditions.
5.
Consideration shall be given to applicable provisions of the Township
and county comprehensive plans, emphasizing future school sites, recreation
sites, water supply and sewage treatment systems, highway alignments
and other public facilities. However, consideration must be given
to the need for the facilities and utilities mentioned above whether
or not they are proposed as part of a comprehensive plan.
[Ord. 01-11, 6/21/2001, § 702]
2.
Block Length.
A.
Residential blocks shall be no less than 500 feet in length or no
more than 1,600 feet in length.
B.
In the design of blocks longer than 1,000 feet, special consideration
shall be given to the requirements of satisfactory fire protection.
C.
Where practicable, blocks along arterial and collector streets shall
not be less than 1,000 feet long.
4.
Commercial, Industrial and Planned Residential Development.
[Amended by Ord. No. 2019-05, 8/1/2019]
A.
Blocks in commercial, industrial and planned residential development
may vary from the elements of design detailed above if required by
the nature of the use. In all cases, however, adequate provision shall
be made for traffic circulation, movement of emergency vehicles, off-street
parking and loading areas. A turning movement plan shall be provided
to show compliance with this section.
[Ord. 01-11, 6/21/2001, § 703]
1.
General Standards.
A.
Within the requirements of the Zoning Ordinance (Chapter 27), the size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.
B.
Side lot lines shall be at right angles to street lines or radial
to curved street lines.
C.
Lot lines shall follow municipal boundaries rather than cross them,
in order to avoid jurisdictional problems.
D.
Except for single-family attached and semidetached dwellings, the
depth of residential lots shall be not less than one nor more than
three times their width.
E.
Depth and width of parcels intended for nonresidential uses shall
be adequate for the use proposed and sufficient to provide satisfactory
space for on-site parking, movement of emergency vehicles, loading
and unloading, setbacks, landscaping, etc.
2.
Lot Frontage.
A.
All lots shall have direct access to a public street or to a private
street which is built to the street standards of this Chapter.
B.
Double or reverse frontage lots shall be required to provide separation
of residential development from collector or arterial streets or to
overcome specific disadvantages of topography or other natural features
of the proposed subdivision tract.
C.
All residential reverse frontage lots (and all corner lots with a
lot line along a street where reverse frontage is required) shall
have a rear yard with a minimum depth of 75 feet. In lieu of the seventy-five-foot
building setback, the normal rear setback can be used, providing a
planting easement meeting the following criteria is implemented:
(1)
The easement shall be at least 20 feet in width.
(2)
Contain a minimum three-foot-high undulating earthen berm (landscaped
areas can be mulched).
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(3)
Contain evergreen and deciduous trees at a maximum spacing of
20 feet on center in a staggered arrangement.
[Amended by Ord. No. 2021-14, 12/2/2021]
(4)
Prohibit access to the adjoining roadway.
(5)
Located outside of the general utility easement.
(6)
The lot or lots shall be encumbered by a covenant running with
the land, stating that the property owner is responsible for the maintenance
of the planting easement and that the Township may enforce such maintenance
responsibility.
3.
Lot Access.
A.
Where direct access to an arterial or collector street cannot be
avoided, adequate turnaround space shall be provided behind the right-of-way
line.
B.
Driveways to single-family residences shall intersect streets at
angles of not less than 60°. All other driveways or access roads
shall intersect streets at right angles, where practicable, and in
no case less than 75°.
C.
Width of access roads or driveways shall be in accordance with the
following standards:
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(1)
Each access drive for nonresidential uses and residential parking
lots shall have a minimum width of 12 feet and maximum width of 25
feet, except 35 feet if the applicant proves that such width is necessary
to permit turning movement of tractor trailers as measured at the
point of curvature of the access drive radii for one-way use only,
and a minimum width of 20 feet and maximum width of 40 feet, 50 feet
if the applicant proves that such width is necessary to permit turning
movements of tractor trailers, as measured at the point of curvature
of access drive radii for two-way use, and shall be clearly defined
by curbing.
D.
To provide safe and convenient ingress and egress, access-road driveway
entrances shall be constructed as follows:
[Amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2019-05, 8/1/2019]
(1)
Access roads for industrial uses shall be designed utilizing
a three-centered compound curve or a seventy-five-foot radius to accommodate
WB-67 truck-turning movements, as defined by AASHTO.
(2)
Driveways containing gated entrances shall provide twenty-four-hour-a-day
access to the site and sufficient storage area for a minimum of three
WB-67 trucks to stage waiting for clearance. Additional truck storage
may be required based on intensity of use and existing roadway conditions.
(3)
Access-road entrances for multifamily residential developments,
mobile home parks/manufactured home communities and all residential
and nonresidential subdivisions shall be rounded at a minimum radius
of 20 feet.
(4)
Driveway entrances for single-family residences shall have a
depressed curb; otherwise, a five-foot minimum radius should be provided
where curb does not exist.
E.
Access road grades and driveway grades shall not exceed the following
at any point:
[Amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2019-05, 8/1/2019]
(1)
Seven percent when access is to an arterial street with a forty-foot
leveling area from the edge of the street cartway in which no grade
shall exceed 5%.
(2)
Ten percent when access is to a collector or local street with
a twenty-foot leveling area from the edge of the street cartway in
which no grade shall exceed 5%.
(3)
Twenty-foot leveling areas in which the grade shall not exceed 7%
from the entrance to a residential garage or a nonresidential parking
deck.
F.
Center lines of access roads or driveways, at the point of access
to a street, shall not be located closer to the center line of a street
intersection than the following distances:
G.
Center lines of access roads or driveways shall intersect an interchange
of an expressway street in accordance with Pennsylvania Department
of Transportation standards.
[Ord. 01-11, 6/21/2001, § 704]
1.
General Requirements.
A.
Proposed streets shall be properly related to the road and highway
plans of PennDOT and the Township transportation plan. Streets shall
be designed to provide adequate vehicular access to all lots or parcels
and with regard for topographic conditions, projected volumes of traffic
and further subdivision possibilities in the area.
B.
Street systems of a proposed subdivision or land development shall
be designed to create a hierarchy of street functions, which includes
collector and local streets.
C.
Street systems of a proposed subdivision or land development shall
be designed so as to minimize street intersections and pedestrian-vehicular
conflict points.
D.
Proposed local streets shall be designed so as to discourage through
traffic and excessive speeds. However, the developer shall give adequate
consideration to provision for the extension and continuation of arterial
and collector streets into and from adjoining properties.
E.
Traffic signs, including stop, advisory, speed limit and street signs,
shall be designed in accordance with the "PennDOT Guidelines for Local
Roadways," latest edition, and be shown on the record plan.
F.
Where it is desirable to provide for street access to adjoining property, street right-of-way shall be extended to the boundary of such property. The streets shall meet the requirements of Subsection 7 of this Section.
G.
Where a subdivision or land development abuts an existing road with a right-of-way width not meeting the requirements of Subsection 2A of this Section, sufficient right-of-way shall be shown so that the distance between the edge of the right-of-way and the road center line equals 1/2 of the required width.
H.
Any street or streets adjacent to a subdivision or land development shall be improved to the width specified under the requirements as defined in Subsection 2A of this section.
[Amended by Ord. No. 2019-05, 8/1/2019]
(1)
The distance between the edge of the cartway and the road center
line shall equal 1/2 of the required cartway width if the property
adjoins only one side of the roadway.
(2)
The developers' and/or landowners' responsibility for road improvement shall be in accordance with the "Street Classification Map" and associated street right-of-way and cartway dimension requirements as the same are set forth in the Zoning Ordinance of Upper Macungie Township (Chapter 27).
(3)
The area to be improved shall be constructed within that portion of the right-of-way beginning at street center and extending to the edge or edges of the street right-of-way, as the same is defined under the Zoning Ordinance of Upper Macungie Township (Chapter 27).
(4)
These improvements shall be constructed and completed in accordance with the Upper Macungie Township infrastructure construction specifications and subdivision or land development requirements, or security for such construction shall be provided in accordance with the provisions of Part 8 of this Chapter.
(5)
The Board of Supervisors shall have the option of requiring funds equal to the cost of such road improvements in lieu of said construction. Said funds are to be deposited into the Upper Macungie Township street improvement account and are to be utilized in upgrading adjacent streets or other streets integral to the local Upper Macungie Township transportation network. These fees are determined using the boundary road upgrade form as determined by Subsection 1H of this section, or the Board of Supervisors may allow the developer to construct improvements to the existing roadway equal to the costs calculated by Subsection 1H to the total width of the road or beyond the roadway frontage, as determined by the Township.
I.
Where a subdivision or land development abuts or contains an arterial
road, the use of marginal access streets, reverse frontage lots or
other such treatment shall be required. This will provide protection
for abutting properties, reduction in the number of intersections
with the arterial street and separation of local and through traffic.
J.
Private streets (streets not to be offered for dedication) shall
meet the street design and improvement standards set forth in this
Chapter. In addition, when a private street is proposed, the developer
shall provide the Township with proposed deed covenants, in a form
satisfactory to the Township, obligating the owners of all lots to
be served by the street to provide, at their expense, perpetual street
maintenance including timely snow removal.
K.
If the lots in the development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided. The openings shall be at intervals consistent with the block length standards of Subsection 2 of § 22-702 of this Chapter.
2.
Street Right-of-Way and Cartway Width.
A.
The classification of a street shall conform with the classification shown on the Street Classification Map in the Zoning Ordinance (Chapter 27). Street right-of-way and cartway width in proposed subdivisions shall conform to the standards in the following table:
[Amended by Ord. 2011-4, 7/7/2011]
|
Local Road
|
Collector Road
|
Arterials and Expressways
| ||
|---|---|---|---|---|
|
Use
|
Single-Family Detached Dwellings
|
All Other Uses
|
All Uses
|
All Uses
|
|
Right-of-way width
|
50 feet
|
60 feet1
|
60 feet
|
70 feet (greater widths as per AASHTO and PennDOT design standards
may be required)
|
|
Cartway width
|
30 feet
|
36 feet2
|
36 feet
|
50 feet (greater widths as per AASHTO and PennDOT design standards
may be required)
|
|
NOTES:
| |
|---|---|
|
1
|
Industrial and commercial uses require additional width for
turning movements.
|
|
2
|
If off-street parking in excess of the requirements of the Zoning
Ordinance is provided, the Township may permit a narrower cartway.
|
B.
If a local road serves a mixture of single-family detached dwellings
and other uses, the standards for the other uses above will be applicable.
C.
Notwithstanding the fact that streets that intersect a state road
require a highway occupancy permit, the location of such proposed
streets shall meet both the requirements of this Part and the regulations
of the Pennsylvania Department of Transportation.
D.
Curb shall be required along all existing and proposed roads in residential
subdivisions containing lots of less than one acre in size. In subdivisions
containing lots equal or greater than one acre in size, curb may be
required when necessary to continue existing curbing or if, in the
opinion of the Township Engineer, they will provide a superior means
of drainage control.
E.
Roadway lane tapers lengths shall be designed based on the posted
speed limit utilizing the following formula: Taper Length = Speed
Limit x Width. Bay tapers shall be designed based upon the following
formula: Bay Taper = Taper length/6.
[Added by Ord. No. 2019-05, 8/1/2019]
3.
Horizontal Curves.
A.
Whenever street center lines are deflected more than five degrees
within 500 feet, connection shall be made by horizontal curves.
[Amended by Ord. No. 2019-05, 8/1/2019]
B.
Horizontal curves shall have the following minimum center-line radii:
[Amended by Ord. 2011-4, 7/7/2011]
C.
A minimum tangent of 100 feet shall be required between reverse curves
on all streets. A minimum tangent of 75 feet shall separate horizontal
curves from intersections, as measured from the point of intersecting
center lines.
4.
Street Grades.
A.
There shall be a minimum center-line grade on all streets of 1%.
C.
Intersections shall be approached by the lower classification roadway
by leveling areas. Such leveling areas shall have a minimum length
of 75 feet (measured from the intersection of the center lines), within
which no grade shall exceed a maximum of 4%.
D.
Cross-slopes for roadways, access drives and parking lanes shall
have minimum 2% and cross-slopes for shoulders shall be 6% when no
curbing is proposed.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
6.
Street Intersections.
A.
Streets shall intersect at right angles whenever practicable. Where
intersections involve collector or arterial streets, the angle of
intersection at the street center lines shall in no case be less than
75°. No two streets shall intersect with an angle of intersection
at the center line of less than 60°.
B.
Intersections involving the junction of more than two streets shall
be prohibited.
C.
Two streets intersecting a third street from opposite sides shall
either intersect with a common center line or their center lines shall
be offset according to the following standards:
(1)
The two streets shall be separated by a distance of 150 feet
between center lines measured along the center line of the street
being intersected when all three streets involved are local streets.
(2)
The two streets shall be separated by a distance of 400 feet
between center lines measured along the center line of the street
being intersected when one or more of the streets involved is a collector
street.
(3)
The two streets shall be separated by a distance of 800 feet
between center lines measured along the center line of the street
being intersected when one or more of the streets involved is an arterial
street.
D.
Street curb intersections shall be rounded by a tangential arc with
a minimum radius of and three-centered compound curve for industrial
collector and arterial:
[Amended by Ord. 2011-4, 7/7/2011]
(1)
Twenty feet for intersections involving only local streets.
(2)
Thirty feet for all intersections involving a collector street.
(3)
Fifty-five feet for all intersections involving an arterial
street.
[Amended by Ord. No. 2019-05, 8/1/2019]
(4)
Seventy-five feet for all intersections involving an expressway.
(5)
Streets providing tractor-trailer access to industrial parks
shall utilize a three-centered compound curve, or a seventy-five-foot
radius, as defined by AASHTO, for WB-67 truck-turning movements.
[Amended by Ord. No. 2019-05, 8/1/2019]
E.
Street right-of-way lines, whenever possible, shall be parallel to
(concentric with) curb arcs at intersections.
(1)
A tangential arc shall round street right-of-way lines at intersections
with a minimum radius of 15 feet.
F.
Clear Sight Triangles at Intersections.
[Amended by Ord. No. 2019-05, 8/1/2019]
(1)
The intent is to ensure that traffic passing through an intersection
or turning onto a street can safely see oncoming traffic.
(2)
Clear sight distance triangles shall be shown on development
plans submitted to the Township and on any plan required to be recorded.
Such triangle shall serve as a permanent setback line for all such
visual obstructions and shall be binding upon present and future owners
of the land. No objects greater than two feet in height and no other
object that would obscure the vision of the motorist shall be permitted.
(3)
At every intersection of a public street, private street, alley,
trail, or commercial driveway with a public street there shall be
triangular areas deemed to be clear sight triangles. Clear sight triangles
shall be as specified by PennDOT's Intersection Sight Distance or
formula sign distance, in the latest edition of AASHTO A Policy on
Geometric Design of Highways and Streets, as applied by PennDOT.
(4)
The vertex of the clear sight distance triangle shall be measured
per the latest edition of AASHTO standards.
7.
Culs-de-Sac, Dead-End Streets and Stub Streets.
B.
Stub streets may be constructed for future access to an adjoining property or a subsequent section of the development. Stub streets shall be built to the standards of Subsection 2A of this Section. The length of stub streets shall not exceed the depth of one lot. No more than one lot shall front on each side of the stub street. These lots shall also have full frontage along another public street. No driveways will be permitted within the last 15 feet to allow for snow discharge.
C.
Culs-de-sac (temporary and permanent), loop roads, and other street
networks which have a single point of access to the surrounding road
network shall not serve more than 25 dwelling units and shall not
exceed a total length of more than 800 feet, as measured from the
center line of the intersection at the single point of access to the
farthest point served. Permanent culs-de-sac shall be limited to one
per subdivision.
D.
All cul-de-sac streets, whether permanently or temporarily designed
as such, shall be provided at the closed end with a fully paved turnaround.
The turnaround may be offset to the left, but turnarounds offset to
the right shall be prohibited.
[Amended by Ord. 2011-4, 7/7/2011]
(1)
The minimum radius to the pavement edge or curbline shall be
50 feet, and the minimum radius of the right-of-way line shall be
60 feet.
(2)
The radius of the right-of-way line approach and return between
the bulb and stem of the cul-de-sac shall be a minimum of 150 feet.
The curbline or pavement edge radius shall be a minimum of 160 feet.
E.
Islands, whether containing plantings or not, shall be prohibited
within the bulb of the cul-de-sac.
F.
The grade of the cul-de-sac bulb shall not exceed 5% as measured
from the center of the cul-de-sac bulb to any perimeter point of the
bulb.
G.
Grades shall be designed with concerns for snow storage. An area
20 feet by 20 feet for emergency snow storage shall be provided at
the property line at the extension of the roadway center line and
shall be designed to consider snowmelt from this area. The record
plan shall note the location, and the provision shall be stated in
the covenants to be recorded with the plan. The snow storage area
shall be free of utility boxes, mailboxes, fire hydrants and other
facilities that may hamper snow storage, or may require accessibility.
[Amended by Ord. No. 2019-05, 8/1/2019]
H.
Temporary culs-de-sac may be permitted to allow connection to an
adjoining property or a subsequent section. Temporary culs-de-sac
shall meet the following standards.
(1)
The lots along the bulb of the cul-de-sac shall meet the lot width and lot size requirements of the Zoning Ordinance (Chapter 27) after the bulb has been removed and the road has been extended.
(2)
The temporary cul-de-sac shall extend to the edge of the adjoining
property to which future access is to be provided.
8.
Street Names.
A.
Proposed streets which are in alignment with others already existing
and named shall bear the names of existing streets.
B.
In no case shall the name of a proposed street duplicate an existing
street name in the municipality and in the postal district, irrespective
of the use of a suffix, such as street, road, avenue, boulevard, driveway,
place, court, lane, etc.
C.
All street names shall be subject to the approval of the Township
Supervisors.
9.
Sidewalks and Curbs.
A.
Public sidewalks shall be required along the roadway frontage of
all improved roads in multifamily, single-family attached/detached
developments and all nonresidential subdivisions and land developments.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(1)
Sidewalks shall be in the street right-of-way. There shall be a five-foot
grass strip between the curb and the sidewalk. Sidewalks shall be
a minimum of five feet wide.
(2)
An interior walkway system may substitute for sidewalks as required
in this subsection.
(3)
Accessible ramps shall be provided at intersections and crosswalks.
Enlargement detail plans shall be provided at a scale of one inch
equals five feet. Details shall depict spot elevations and slopes
in accordance with PennDOT Publication 72, RC -67 standards (current
edition).
B.
Private sidewalks or pedestrian accessways shall be provided for
nonresidential use. The intent of this requirement is to provide safe
pedestrian and/or bicycle connections from public rights-of-way to
proposed buildings.
[Amended by Ord. No. 2021-14, 12/2/2021]
(1)
Private sidewalks may be adjacent to driveways or accessways but
shall be separated by a concrete vertical curb or physical barrier.
(2)
Private sidewalks are required adjacent to bus stops where insufficient
right-of-way is available to provide safe ingress/egress to the bus
stop shelter and to provide a refuge or waiting area.
C.
Curbs shall be required in all nonresidential subdivisions and land
developments as well as in multifamily and single-family attached/detached
developments along existing and proposed roads, parking areas, parking
islands, loading areas and driveways, other than those leading to
individual garages.
[Amended by Ord. No. 2019-05, 8/1/2019]
10.
Streetlighting.
[Added by Ord. No. 2019-05, 8/1/2019; amended by Ord. No. 2021-14, 12/2/2021]
A.
Lighting shall be provided along public streets (for subdivisions
greater than 25 units) and within parking and recreational facilities.
Glare shall be controlled in accordance with Zoning Ordinance standards.
B.
Streetlighting shall be installed at each street intersection, pedestrian
crossing, and curves in proposed streets.
C.
Intensity of illumination for recreational facilities shall be determined
on a case-by-case basis pending actual needs to accommodate the facility.
D.
Intensity of illumination for roadways and parking facilities shall
be determined from the table below:
|
Roadways or Parking Facilities
|
Footcandles
|
|---|---|
|
Arterial
| |
|
Commercial areas1
|
1.7
|
|
Intermediate areas1
|
1.3
|
|
Residential areas1
|
0.9
|
|
Collector
| |
|
Commercial areas1
|
1.2
|
|
Intermediate areas1
|
0.9
|
|
Residential areas1
|
0.6
|
|
Local
| |
|
Commercial Areas1
|
0.9
|
|
Intermediate Areas1
|
0.6
|
|
Residential Areas1
|
0.4
|
|
Parking Areas
| |
|
Self parking
|
1.0
|
|
NOTES:
| |
|---|---|
|
1
|
Areas are defined as follows:
|
|
Commercial areas: dense business districts with heavy vehicular
and pedestrian traffic throughout the day and night.
| |
|
Intermediate areas: moderately heavy pedestrian traffic during
nights (libraries, recreation centers, large apartment complex, neighborhood
retail stores).
| |
|
Residential areas: predominately a residential area with light
pedestrian traffic at night (single family, multifamily, apartments).
| |
|
Source: Illuminating Engineering Society of North America, Mark
Rea (ed.). IES Lighting Handbook 1993.
| |
[Ord. 01-11, 6/21/2001, § 705; as amended by Ord.
2011-4, 7/7/2011; and by Ord. No.
2019-05, 8/1/2019]
Each proposed building lot or proposed land development shall
be provided with sanitary sewage disposal in accordance with the following
requirements.
1.
Public Sanitary Sewage Systems.
A.
Existing Public Sanitary Sewage Systems.
(1)
Each proposed subdivision or proposed land development which
is located within the current Act 537 Public Sewer Service Area boundary
and is within 1,000 feet of an existing public sanitary sewage system
shall be connected by the developer to such system, unless such connection
is not technically feasible, as determined by the Township.
[Amended by Ord. No. 2021-14, 12/2/2021]
(2)
Any such connection shall be in accordance with the provisions
of:
B.
Proposed Public Sanitary Sewage Systems.
(1)
Each proposed subdivision or proposed land development which
is located within the current Act 537 Public Sewer Service Area boundary,
and any portion of which is within 1,000 feet of:
[Amended Ord. No. 2021-14, 12/2/2021]
(a)
Any proposed public sanitary sewage system for which Upper Macungie
Township has indicated in writing to the developer its intention to
extend any portion thereof to within 1,000 feet of any lot or portion
thereof within five years;
(b)
Any portion of any proposed public sanitary sewage system in
the Upper Macungie Township Comprehensive Plan; or
(c)
Any portion of any other public sanitary sewage system proposed
by the Upper Macungie Township Board of Supervisors to be constructed
within five years.
(2)
Shall, unless ultimate connection to the proposed public sanitary
sewage system would be technically unfeasible, be connected to a "dry"
sanitary sewage system, including lateral connectors as will be necessary
to provide service to each lot suitably capped until connection to
the public sanitary sewage system can be made.
(3)
Any such connection shall be in accordance with the standards
of:
2.
On-Lot Sewage Disposal Systems.
B.
Any such on-site sewage disposal system shall be in accordance with
the standards of:
[Amended by Ord. No. 2021-14, 12/2/2021]
C.
An approved copy of the Sewage Facilities Planning Module addressing each proposed building lot, satisfying the requirements of the Pennsylvania Department of Environmental Protection for the on-lot sewage disposal system, shall be submitted as part of the preliminary plan. [See also Subsection 5K(2) of § 22-403.]
[Amended by ]Ord. No. 2021-14, 12/2/2021]
D.
Each preliminary and final plan shall include an annotation expressly
imposing a covenant running with the land, respecting each proposed
building lot for which an on-lot sewage disposal system is proposed,
stating that:
(1)
Upper Macungie Township makes no warranty or representation
that on-lot sewage disposal will be available for such lots.
(3)
The record plan must show the perimeter of the proposed absorption
area for both a primary and secondary system, along with soil profile
excavation locations (indicating depth to limiting zone), percolation
test locations (indicating perc rate), and slope across each test
area.
[Amended by Ord. No. 2021-14, 12/2/2021]
3.
Sanitary Sewer Design Criteria.
[Amended by Ord. No. 2021-14, 12/2/2021]
A.
All sanitary sewers to be dedicated to Upper Macungie Township shall be constructed in accordance with the Township Infrastructure Construction Specifications (see Part 10 of this chapter) and the PADEP Domestic Wastewater Facilities Manual, latest edition.
B.
All sanitary
sewers not to be dedicated to Upper Macungie Township, including but
not limited to lateral connections, shall conform to the plumbing
code currently in effect in Upper Macungie Township at the time of
construction.
C.
Stormwater
interconnections with the sanitary sewer system shall not be permitted.
D.
All sewer lines shall be located in public streets, generally parallel
to curblines, and a minimum of eight feet from the face of curb.
E.
Where sewer lines must be located within easements, the following
provisions shall apply:
(1)
Minimum easement width shall be 20 feet for the sewer line and
30 feet if the easement area is shared with another utility, with
separation in accordance with individual utility requirements.
(2)
Sewer lines shall be a minimum of 10 feet from an easement line.
(3)
Deeds of easement are to be provided in the name of Upper Macungie
Township and shall include provisions that easement area will remain
level and free of fences, trees, shrubs and other obstructions. These
easements must be submitted with the final plan submission.
(4)
Service lateral connections will not be permitted within the
easement area, unless unavoidable as determined by the Township.
(5)
Manholes within designated easement areas may be required to extend
approximately 18 inches to 24 inches above finished grade as deemed
necessary by the Township or as deemed necessary.
(6)
All sanitary sewer easement areas must be graded level and wide enough
to provide vehicular access for maintenance. Final vehicular access
grading must be approved and completed prior to the sanitary sewer
system acceptance by the Township.
F.
Sewer mains shall be extended along existing public streets for the
full frontage of the property being developed.
G.
Sewer lines shall not be located within stormwater detention basin
areas or control structures.
H.
Sewer lines shall be deep enough to serve basements of existing and
proposed residences. Basement elevations must be indicated on the
sewer line profile. All sewer service laterals shall be designed,
in general, to allow for basement service, unless approved otherwise
by the Township. The minimum slope of a service lateral between the
main and the Township right-of-way shall be 1/4 inch per foot.
I.
Wherever
possible, sanitary sewer mains shall be laid with a minimum of ten-foot
horizontal separation from any existing or proposed water main.
J.
Wherever possible, utility line crossings shall be avoided. Where
crossings are required, the following provisions shall apply:
K.
Manholes less than seven feet deep shall be designed with a precast
reinforced concrete flat slab top in lieu of a cone section.
L.
Manholes shall not exceed 14 feet in depth.
M.
Sewer mains/laterals in excess of 14 feet deep shall be ductile iron pipe or high strength PVC, as identified in the Township Infrastructure Construction Standards (see Part 10 of this chapter).
O.
The minimum
allowable design slope shall be 0.50% for eight-inch-diameter sewer
mains, and 0.40% for ten-inch-diameter sewer mains. Terminal sewer
runs shall be increased to 0.75% minimum slope. In no event shall
the sewer main diameter be increased solely to allow a reduction in
the minimum permissible slope. Calculations shall be submitted to
justify any proposed sewer main diameters greater than eight inches.
P.
Whenever possible, sewer mains shall be designed without vertical
drops in excess of two feet through manholes. Drop connections shall
be provided for greater vertical drops and shall not be less than
three feet.
Q.
Sanitary
sewer mains shall be designed with at least five feet of cover wherever
possible. Exceptions, where necessary, will be reviewed by the Township,
but in no case shall less than four feet of cover be permitted. When
exceptions are granted to allow less than five feet of cover, ductile
iron pipe shall be used.
R.
Sewer laterals shall not be connected directly to manholes. Laterals
shall not be located less than five feet from the outside of manhole
walls and other structures, nor within three feet of each other when
located on the same side of the sewer main.
S.
Doghouse
manholes shall not be permitted, except in special cases approved
by the Township.
T.
When
sanitary sewers are required to be installed within casing pipes,
in general the casing pipe diameter shall be three times the diameter
of the carrier pipe. Exceptions will be reviewed on a case-by-case
basis. The casing pipe and manhole placement shall be designed so
as to permit removal of the carrier pipe from the casing pipe without
the need for cutting the carrier pipe lengths into smaller sections.
U.
Sewage pumping stations shall not be permitted unless gravity sanitary
sewers and/or low-pressure sanitary sewers are not feasible.
V.
In the
event that a new pumping station is required for the development,
the developer shall be responsible for the design of the pump station
and all appurtenances, including securing all applicable permits.
The pumping station shall be designed to current Township design and
equipment standards.
W.
In the event a pumping station is required, the developer shall establish
an escrow fund, acceptable to the Township Solicitor and Board of
Supervisors, regarding maintenance for the life of the station.
X.
In the
event that the developer constructs a privately owned pump station
and force main, assurances must be provided for long-term proper operation
and maintenance of the proposed facilities, as outlined in Title 25,
Pa. Code, § 71.72. A maintenance agreement between the property
owner and an individual firm or corporation experienced in the operation
and maintenance of the proposed facilities should be provided.
Y.
Manholes shall be numbered in accordance with the Township standardized
numbering system.
Z.
The developer shall be responsible for securing all outside agency
permits and paying any and all fees related to applying for and securing
said outside agency permits.
AA.
The developer and/or his engineer or contractor shall be responsible
to maintain accurate records during the construction of the sanitary
sewage system and appurtenances. The developer shall provide to the
Township a record set of drawings (one paper copy and one electronic
copy) depicting the final construction.
BB.
Sewage Pumping Stations and Meter Stations. Detailed plans, design
calculations and specifications for all pumping stations and metering
stations shall be submitted to the Township's Engineer for review
and approval. The design criteria shall incorporate design standards,
materials and equipment manufacturers currently in use by the Township
for all above-ground, self-priming, sewage-pumping stations.
CC.
The use of low-pressure sewer systems shall not be considered as
an alternative to a conventional gravity sewer collection system.
The use of a low-pressure sewer system will be reviewed and approved
on its merits on a case-by-case basis. All hydraulic calculations
and system details shall be submitted to the Township for review prior
to approval.
[Ord. 01-11, 6/21/2001, § 706; as amended by Ord. No. 2019-05, 8/1/2019]
Each proposed building lot or proposed land development shall
be provided with water supply in accordance with the following requirements.
1.
Public Water Supply Systems.
A.
Each subdivision which is within 1,000 feet of an existing public
water supply system shall be connected by the developer to such system,
unless such connection is not technically feasible, or it is located
in the agricultural zoning district.
B.
Any such connection shall be in accordance with the provisions of:
D.
Fire hydrants with water supply for fire protection shall be provided
in all subdivisions and land developments connected to a public water
supply system. No portion of any structure shall be located more than
300 feet from a fire hydrant (measured along the fire truck path from
the hydrant to the structure) and each part of each structure shall
be located within the service area of at least one fire hydrant. For
purposes of the preceding sentence, the service area of a fire hydrant
shall mean the area (considering all three dimensions) which can be
serviced from the fire hydrant by the primary fire company or department
providing protection to the structure, considering topography, location
of structures, fire company equipment and all other relevant factors.
Fire hoses cannot be run over by vehicular traffic.
[Amended by Ord. No. 2021-14, 12/2/2021]
E.
All proposed building lots for and all multifamily residential, commercial
and industrial uses shall be provided by the developer with an adequate
public water supply. Reference is made to applicable codes adopted
by the Township that are in effect.
2.
On-Lot Water Supply Systems (Wells).
A.
An on-lot water supply system or well shall be provided only for each lot that cannot feasibly be connected to an existing public water supply system under Subsection 1A above.
B.
Any such on-site water supply system shall be in accordance with
the standards of:
C.
Proposed building lots and land developments for multifamily residential
(twins, townhouses, or apartments), commercial or industrial uses
shall not be served by an on-lot water supply system or well. This
does not pertain to single-family detached residential uses.
D.
Each preliminary and final plan shall include an annotation expressly
imposing a covenant running with the land, respecting each proposed
building lot for which an on-lot water supply system is proposed,
stating that:
(1)
Upper Macungie Township makes no warranty or representation
that on-lot water supply will be available for such lots.
[Ord. 01-11, 6/21/2001, § 707]
1.
Storm drainage systems shall be provided in order to:
B.
Ensure adequate drainage of all low points along the line of streets.
C.
Intercept stormwater runoff along streets at intervals related to
the extent and grade of the area drained.
D.
Provide positive drainage away from on-site sewage disposal systems.
E.
Take surface water from the bottom of vertical grades, to lead water
from springs and to avoid excessive use of cross gutters at street
intersections and elsewhere.
F.
Provide for the conveyance of a one-hundred-year storm event without
causing safety hazards or property damage.
G.
Prevent overloading of downstream drainage systems and watercourses
as a result of increased rate of runoff caused by the proposed development.
2.
General Requirements.
A.
A site drainage plan for the proposed subdivision or land development
tract shall be prepared which illustrates the following information:
(1)
Mapping of the watershed area or areas in which the proposed
subdivision or land development is located. This mapping should include
any closed depression(s) located within the proposed development.
[Amended by Ord. No. 2019-05, 8/1/2019]
(2)
Calculations of runoff for all points of runoff concentration.
(3)
Complete drainage systems for the subdivision. All existing
drainage features which are to be incorporated in the design shall
be so identified. If the subdivision or land development is to be
developed in stages, a general plan for the entire subdivision shall
be presented with the first stage, and appropriate development stages
for the drainage system shall be indicated.
B.
The existing points of natural drainage discharge and the mode of
drainage discharge and the mode of drainage conduct onto adjacent
property shall not be altered, unless:
(1)
Written consent of an affected landowner is obtained by the
applicant with agreement filed on record plan.
C.
No stormwater runoff or natural drainage shall be permitted to overload
existing drainage systems or create flooding or the need for additional
drainage structures on other private properties or public lands.
[Amended by Ord. No. 2019-05, 8/1/2019]
D.
Where closed depressions are identified within the proposed site,
an analysis of the effect of the water surface elevation in the closed
depression due to the additional volume of runoff from the proposed
development on the closed depression shall be provided for all design
storms. There can be no increase in the water surface elevation within
the closed depression as a result of increased volume caused by the
proposed development.
[Added by Ord. No. 2019-5,[1] 8/1/2019]
[1]
Editor's Note: This ordinance also redesignated former Subsection
2D through H as Subsection 2E through I, respectively.
E.
Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided on the subdivision plan a drainage easement and deed restriction conforming substantially to the line of such watercourse which shall be offered to the Township for dedication. The width of the easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Subsection 3 of this section and to provide a freeboard allowance of 1/2 foot above the design water surface level. Periodic cutting and maintenance of the vegetation by the landowner is required. The alteration, obstruction or encroachment of any kind is prohibited with easements. The Township shall have the right, but not the responsibility, to maintain the swale or pipe and infrastructure within the easement and seek reimbursement from the property owner as allowed by law.
[Amended by Ord. No. 2019-05, 8/1/2019]
F.
Drainage structures that are located on state highway rights-of-way
shall be approved by the Pennsylvania Department of Transportation,
and a letter from that office indicating such approval shall be included
with the preliminary plan application.
G.
All streets shall be so designed as to provide for the discharge
of surface water from their rights-of-way.
H.
When natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities shall be calculated using the Manning equation, as explained in Part 10 of this chapter.
I.
Storm drainage facilities and appurtenances shall be so designed
and provided as to minimize erosion in watercourse channels and at
all points of discharge.
J.
Any proposed storm drainage plans that will affect the drainage basin
of any watercourse shall be approved by the Pennsylvania Department
of Environmental Protection, Division of Dam Safety and Waterway Management,
if the drainage basin so affected has an area of 0.5 square mile of
more.
[Added by Ord. No. 2019-05, 8/1/2019]
3.
Calculation of Storm Runoff and Design Storm Frequency.
A.
Storm drainage systems required by this Chapter shall be designed
to provide protection from a two- to one-hundred-year storm, as determined
by the Township. If the site of the subdivision or land development
is within a watershed with an approved stormwater management plan
enacted pursuant to Act 167, the criteria in the applicable plan shall
be used.
(1)
A ten-year design storm is appropriate where a storm in excess
of the design storm will have minor impact, such as inconvenience
to traffic on local streets.
(2)
A twenty-five-year design storm is appropriate where a storm
in excess of the design storm will cause major inconvenience to people
and traffic in high-use areas, such as business districts and along
collector or arterial roads.
(3)
A one-hundred-year design storm is appropriate where a storm
in excess of the design storm will cause damage to existing or future
structures or their contents.
(4)
Any downstream analysis conducted to determine adequacy for
accepting increased rates of runoff shall consider the one-hundred-year
storm event.
(5)
The design or analysis of all natural or man-made overland drainage systems shall have adequate capacity for the ten-year to one-hundred-year return storm as indicated above and shall further consider the ten-year storm event for velocity. Permissible velocities are indicated in Part 10 of this chapter.
[Amended by Ord. No. 2019-05, 8/1/2019]
B.
Stormwater runoff from watersheds of 200 or less acres shall be calculated by the Rational Method as described in Manual Number 37 of the American Society of Civil Engineers, except as the watershed size criteria may be modified by an approved Act 167 stormwater management plan. The Rational Method of runoff calculation is explained in Chapter 17. The SCS Method may be used for stormwater runoff from watersheds of 200 or fewer acres if an NPDES permit is required.
[Amended by Ord. No. 2019-05, 8/1/2019]
C.
Stormwater runoff from watersheds of more than 200 acres shall be
calculated using the Soil Cover Complex Method developed by the Soil
Conservation Service or other appropriate method acceptable to the
Township Engineer.
D.
The design of any detention facility shall be verified by routing
the proposed post-development hydrograph through the basin using a
storage indication technique.
E.
The Manning equation explained in Part 10[2] of this Chapter shall be used in calculating capacities
of watercourses and storm sewers, except culverts, which shall be
designed using methods acceptable to the Township Engineer.
[2]
Editor's Note: See the appendixes included at the end of this
Chapter.
F.
Complete detailed drainage calculations and applicable charts and
nomographs certified by the design engineer shall be submitted to
the Township with the preliminary plan submission.
[Amended by Ord. No. 2019-05, 8/1/2019]
4.
Stormwater Detention.
A.
Stormwater detention facilities shall be used for all subdivisions
and/or land development proposals unless the following three criteria
have been met:
(1)
The proposed rate and volume of runoff can be accommodated by all downstream fixed pipe or surface drainage systems in accordance with Subsection 3A(4) above.
(2)
Written permission has been granted by the adjoining downstream
tenant where runoff discharges onto the adjoiner overland via a surface
drainage system.
B.
Whenever stormwater detention facilities are required under Subsection 4A above, the maximum post-development peak rates of flow shall be governed by the following provisions:
(1)
Post-development rates of runoff for the one- through one-hundred-year
storm events shall not exceed predevelopment rates.
(2)
Within watersheds for which there is an approved Act 167 stormwater management plan, the detention facilities shall at minimum be designed to discharge post-development peak runoff rates consistent with the plan criteria, except in the instance of off-site detention facilities implemented as per Subsection 4B(4) below.
(3)
Within watersheds for which there is not an approved Act 167 stormwater management plan, the detention facilities shall be designed to provide that the peak rate of runoff at all points of discharge from the site, when developed, will not exceed the peak rate of runoff at each of those points prior to development, with the exception of the instance of off-site detention facilities implemented as per Subsection 4B(4) below.
(4)
In certain instances, regional detention facilities to provide
runoff control for multiple development sites may be implemented in
lieu of individual development site detention basins. Peak runoff
rates of discharge from a regional detention basin shall be based
upon maintaining existing peak runoff rates for the tributary area,
except that other criteria for discharge may apply for regional detention
facilities located within a watershed with an approved Act 167 stormwater
management plan. Any developer relying upon regional detention facilities
in lieu of on-site controls shall pay a fee to the owner of the regional
facility (presumably the municipality) in proportion to the share
of total storage volume required by the development and provided by
the basin.
C.
Where detention facilities are included as part of the storm drainage
system, the following provisions will apply:
(1)
Detention ponds, including the detention volume portion of spray
irrigation basins, shall be designed so that they return to normal
conditions within 72 hours after the termination of the storm, unless
the Township Engineer finds that downstream conditions may warrant
other design criteria for stormwater release. Infiltration basins
and the spray irrigation volume shall dewater within the required
federal standards.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(2)
The developer shall demonstrate that such ponds are designed,
protected and located to assure that public safety is maximized and
health problems are prevented. The following minimum criteria shall
apply:
(a)
Top berm width shall be a minimum of six feet.
(b)
Side slopes shall be four horizontal to one vertical or flatter
for basins that will be dedicated to the Township.
[Amended by Ord. No. 2019-05, 8/1/2019]
(c)
Side slopes shall be three horizontal to one vertical or flatter
for basins that will be privately owned and maintained.
[Added by Ord. No. 2019-05,[4] 8/1/2019]
[4]
Editor's Note: This ordinance also redesignated former Subsection
4C(2)(c) through (e) as Subsection 4C(2)(d) through (f), respectively.
(d)
Any pond that can possibly impound water to a depth in excess
of 48 inches, measured from the basin bottom to the emergency spillway,
shall be enclosed with a four-foot-high durable chain link fence or
approved equivalent that includes a ten-foot-wide gate with locking
device and vehicle access to the floor of the pond. A temporary four-foot-high
construction fence is required upon excavation of the basin and shall
not be removed until a permanent fence is constructed.
[Amended by Ord. No. 2019-05, 8/1/2019]
(e)
All ponds shall be screened from view with a dense low-maintenance
year-round vegetative screen that will reach a height of four feet
within two years. (Reference "Township Standards.")
[Amended by Ord. No. 2019-05, 8/1/2019]
(f)
All ponds (including spray irrigation ponds), except for those
incorporating an infiltration function, shall incorporate an impervious
liner, with either a clay liner having a percolation rate less than
10-6 cm/sec, or a synthetic liner and as
approved by the Township Engineer. If clay, permeability shall be
field verified by test results. A minimum of six inches of topsoil
shall be proposed over the clay.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(g)
All stormwater detention basin outlet structures shall be constructed
of concrete, with the bottom sumped a minimum of 30 inches below basin
bottom grade to prevent heaving and floating.
[Added by Ord. No. 2019-05, 8/1/2019]
(h)
The bottom of the stormwater detention basin, except for those
incorporating an infiltration function, shall slope to the outlet
structure at a grade not less than 1%.
[Added by Ord. No. 2019-05, 8/1/2019]
(i)
All stormwater detention basin outlet structures shall be fitted
with an angled debris collector/trash rack with a four-inch center-to-center
bar spacing. (Detail provided in Township Infrastructure Construction
Standards of the chapter.)[5]
[Added by Ord. No. 2019-05, 8/1/2019]
[5]
Editor's Note: See Part 10, Appendices.
(j)
All underground stormwater basins shall be constructed with
inspection ports (no less than twelve-inch diameter) and a cleanout
hatch (no less than twenty-four-inch diameter).
[Amended by Ord. No. 2021-14, 12/2/2021]
(k)
All basins constructed with pump facilities shall meet the following
criteria:
[Added by Ord. No. 2019-05, 8/1/2019; amended by Ord. No. 2021-14, 12/2/2021]
1)
All pumping systems shall be housed in a separate chamber outside
of the basin.
2)
An emergency generator hookup shall be provided.
3)
The pumping system shall, in the event of the failure of the
pump or generator, provide an alarm which shall send a signal to a
monitoring service which shall immediately authorize and effect a
service call. The name, address, telephone number and contact person
of the then current monitoring service and the then current service
company shall be provided to the Township and labeled on the plans.
(3)
The developer shall verify that the operation of the detention
facilities will not aggravate potential downstream peaking conditions.
(4)
Emergency overflow facilities shall be provided for detention
facilities to handle runoff in excess of design flows with preference
given to low-maintenance (grass or concrete) spillways. If concrete,
the spillway shall be a concrete weir constructed of concrete curb,
eight inches in thickness, full depth, designed to handle runoff in
excess of the 100-year storm. (Detail provided in Township Infrastructure
Construction Standards of the chapter.[6])
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
[6]
Editor's Note: See Part 10, Appendices.
(5)
If the lands of the proposed land development will remain in
common ownership, the developer shall provide an annotation on the
record plan imposing a covenant running with the land. The covenant
shall require perpetual maintenance of the detention pond by (at the
option of the Township) either a homeowners' association or by the
owner of the development. The covenant shall include provisions for
enforcement of maintenance responsibilities by the Township in a form
acceptable to the Township Solicitor.
(6)
If the lands of the proposed land development will be conveyed
to two or more separate owners, the developer shall (at the option
of the Township) provide one of the following:
(a)
Provide an annotation on the record plan imposing a covenant
running with the land requiring perpetual maintenance of the detention
pond by either a homeowners' association or by the lot owners, such
covenant being enforceable by the Township in a manner acceptable
to the Township Solicitor.
(b)
Dedicate the land on which the detention ponds are located to
the Township, which shall then be responsible for maintaining the
detention ponds. Should the maintenance of the pond be the Township's
responsibility, a fund for perpetual maintenance shall be provided
by the developer as calculated by the detention pond maintenance fee
contained in Appendix III.[7]
[7]
Editor's Note: See now Appendix II, included as an attachment to this chapter.
5.
Fixed Pipe Collection System.
[Added by Ord. No. 2019-05, 8/1/2019]
A.
Where fixed pipe collection facilities are included as part of the
storm drainage system, the following provisions will apply:
(1)
Flanking inlets shall be required when inlets are placed at
a low point on a vertical curve; a minimum of one flanking inlet on
each side of the inlet at the sag point. The flanking inlets should
be placed to limit ponding in the flatter slope approaches to the
sag inlet and to act in relief of the sag inlet should it become clogged.
(2)
All storm pipes shall be designed to provide a minimum ground
cover according to manufacturer standards.
(3)
When pipe sizes change in a junction, the crown of the pipe
shall match. If the pipe size does not change, a minimum drop of 0.10
foot through the junction shall be provided for storm sewers to be
dedicated to the Township.
[Amended by Ord. No. 2021-14, 12/2/2021]
(4)
Inlet capacity calculations shall be provided for all inlets
involved in a stormwater drainage system. Where additional inlets
on grade are required to control inlet bypass flows, there should
be a minimum of eight feet (one pipe length) of separation between
the inlets.
(5)
All storm sewer pipes shall be designed so as to have a minimum
pipe slope of 0.5%.
(6)
The following construction practices and materials shall be
prohibited: use of bubbler inlets.
(7)
Materials used for the fixed pipe collection system shall meet
and be installed per Township standards.
(8)
Inlets shall be located outside of driveway aprons, curb cuts
and ADA ramps.
[Ord. 01-11, 6/21/2001, § 708]
1.
Electric Utility Easement Lines. In accordance with a Pennsylvania
Public Utility Commission order of July 8, 1970, all electric utility
distribution lines shall be installed underground in subdivisions
or land developments of five or more dwelling units. In addition,
the following design standards shall be observed:
A.
Whenever practicable, telephone and cable television utilities shall
also be installed underground.
B.
Whenever practicable, trenches through utility easements shall be
occupied jointly by electric, gas, water, sewage and communications
utilities.
C.
All utility lines servicing commercial and industrial developments
shall be installed underground.
D.
Any utility work within existing road rights-of-way requires a street
opening permit from the Township. Boring under existing paved roadways
is required. Additional conduit sleeves for future utility lines within
roadways to be constructed is encouraged. (Reference Part 10.)
[Amended by Ord. No. 2019-05, 8/1/2019]
E.
A plan depicting the underground location of utilities is required
prior to construction.
2.
Utility Easements.
A.
Utility easements shall be provided for wire, conduits, sanitary
sewers, gas and water mains, storm sewer pipes and swales and/or other
utility lines intended to service the abutting lots. No structures
shall be placed within such easements, except structures associated
with the utilities. Such easements shall be reserved for specific
utilities and for any future needs for the Township, or any other
public utility to extend utilities to adjoining properties.
[Amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2019-05, 8/1/2019]
B.
Utility easements shall be located either:
(1)
Abutting the street right-of-way; a minimum easement width of
15 feet is required.
(2)
Along rear or side lot lines; a minimum easement width of 20
feet, 10 feet on each side of the lot line, shall be provided. Where
the lot line coincides with the subdivision or land development boundary,
a minimum easement width of 10 feet is required.
C.
Stormwater facilities constructed outside of the public right-of-way
shall be maintained by the developer in the case of industrial, commercial
and apartment developments and residential developments having a homeowners'
association.
[Added by Ord. 2011-4, 7/7/2011; amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
D.
Along state highways, stormwater facilities, including but not limited
to pipes and/or ponds, shall be constructed outside of the state right-of-way.
These facilities shall be maintained by the landowner in the case
of industrial, commercial and, apartment developments and residential
developments having a homeowners' association. Easements shall be
provided for access of equipment to and from a public road. The width
of such easement will be portioned to the installed facilities.
[Added by Ord. 2011-4, 7/7/2011]
E.
Stormwater management easements should be provided by the property
owner for access for inspections and maintenance or for preservation
of stormwater conveyance, infiltration, detention areas, and other
BMPs (Best Management Practices) that would provide municipal ingress
to and egress from a public right-of-way for maintenance if the owner
fails to do so. The Township would have the right but not the responsibility
to maintain and would have the right to view the property to recover
maintenance costs. The purpose of this easement should be specified
in a Stormwater Facilities Operation and Maintenance Agreement. A
blanket easement can be provided to allow Township access to these
facilities if required, and can be incorporated into the Stormwater
Facilities Operation and Maintenance Agreement. Otherwise stormwater
easements shall be shown and shall be geometrically defined with metes
and bounds and submitted for review prior to final plan approval.
[Added by Ord. No. 2019-05, 8/1/2019; amended by Ord. No. 2021-14, 12/2/2021]
3.
Petroleum Transmission Lines.
A.
No company intending to install any petroleum, petroleum products
or natural gas transmission lines shall be allowed to construct the
line on less than a fifty-foot right-of-way, such line to be installed
in the center of the right-of-way, and shall comply with the applicable
standards imposed by state and federal laws and regulations.
B.
There shall be a minimum distance of 25 feet between any proposed
dwelling unit and any petroleum, petroleum products or natural gas
transmission right-of-way line which traverses the subdivision, but
in no event less than 50 feet from any petroleum or natural gas transmission
line.
4.
Within industrial or office parks, water lines shall be installed
outside of the road right-of-way, and a separate utility easement
shall be provided.
[Amended by Ord. 2011-4, 7/7/2011]
5.
Easement Maintenance. All surface and subsurface easements required
by this Chapter or shown on the record plan shall be kept clear of
any and all structures and obstructions, including but not limited
to buildings, fences, trees (excluding street trees), shrubs, driveways
and berms. Grades, once established on the approved plan, shall not
be altered without approval by the Board of Supervisors. Maintenance
shall be by the landowner in accordance with a maintenance schedule
outlining the required maintenance. This shall be noted on the plan
and included in the covenants to be recorded with the plan. A maintenance
agreement satisfactory to the Board of Supervisors shall be established
prior to the final plan approval as described in other sections of
this Chapter.
[Amended by Ord. No. 2021-14, 12/2/2021]
[Ord. 01-11, 6/21/2001, § 709]
1.
Erosion and Sediment Control/Post-Construction Stormwater Management.
[Amended by Ord. No. 2019-05, 8/1/2019]
A.
General Standards.
(1)
No changes shall be made in the contour of the land; no grading,
excavating, removal or destruction of the topsoil, trees or other
vegetative cover of the land shall be commenced within a proposed
subdivision or land development tract until such time that a plan
for sedimentation control and minimizing erosion has been reviewed
and found satisfactory by the Lehigh County Conservation District
and reviewed and approved by the Township or there has been a determination
by the Township, upon recommendation by the Lehigh County Conservation
District, that such plans are not necessary.
(2)
Measures used to control erosion and reduce sedimentation shall
meet the standards and specifications of the Lehigh County Conservation
District as set forth in the County Erosion and Sediment Control Handbook.
The Lehigh County Conservation District will review plans, issue permits
and inspect construction sites and transmit reports to the Township.
Approvals and compliance are required prior to receiving grading and
building permits.
(3)
As part of the Township's ongoing cooperation with DEP for the
MS4 stormwater requirements, all BMP facilities installed per the
approved PCSM plans shall be documented. The applicant's engineers
shall fill out a BMP inventory sheet for each proposed BMP (Reference
Part 10).
(4)
The owner of any land on which permanent BMPs will be placed,
constructed or implemented, shall record the operations and maintenance
plan (PCSM Plan), and the Stormwater Facilities Operation and Maintenance
Agreement and stormwater management easements required. Stormwater
and BMP facilities constructed outside of the public right-of-way
shall be maintained by the lot owner.
[Amended by Ord. No. 2021-14, 12/2/2021]
B.
Performance Principles.
(1)
The following measures are effective in minimizing erosion and
sedimentation and shall be included where applicable in the control
plan:
(a)
Stripping of vegetation and grading shall be kept to a minimum.
(b)
Development plans shall preserve significant natural feature,
keep cut and fill operations to a minimum, and ensure conformity with
topography so as to create the least erosion potential and adequately
handle the volume and velocity of surface water runoff.
(c)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(d)
The disturbed area and the duration of exposure shall be kept
to a practical minimum.
(e)
Disturbed soils shall be stabilized by permanent vegetation
and/or by mechanical erosion control and drainage measures as soon
as practicable in the development process.
(f)
Temporary vegetation and/or mulching shall be used to protect
exposed critical areas during development.
(g)
Provisions shall be made to effectively accommodate the increased
runoff caused by soil and surface conditions during and after development.
Where necessary, the rate of surface water runoff will be mechanically
retarded.
(h)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basin, silt
traps, or similar measures.
(i)
Permanent water quality designs as per "best management practices"
are recommended.
C.
Grading for Drainage.
(1)
In order to provide more suitable sites for building and other
uses, improve surface drainage and control erosion, the following
requirement shall be met:
(a)
All lots, tracts or parcels within a proposed subdivision or
land development shall provide proper drainage away from buildings
and dispose of surface water without ponding, except where an alternative
drainage system exists. Drainage patterns shall be preserved wherever
possible.
(b)
Importing and/or exporting fill from the site shall be in compliance
with the clean fill policies promulgated by the Pennsylvania Department
of Environmental Protect in accordance with PADEP Document No. 258-2182.
(c)
Cut and fill slopes steeper than three horizontal to one vertical
(3:1) shall be subject to the following requirements:
[Amended by Ord. No. 2021-14, 12/2/2021]
1)
Be stabilized by a retaining wall or cribbing.
2)
Cut or fill slopes which are to be vegetated should not be steeper
than 2:1. If a slope is to be situated within a lawn area and will
be mowed, it should be 3:1 or flatter.
3)
Cut or fill slopes which are greater than 2:1 shall be supported
by competent material as recommended by a geotechnical engineer or
geologist and approved by the Township Engineer.
4)
Terraces or diversions should be provided whenever the height of
the cut or fill exceeds 20 feet. The "benches" should divide the slope
face as equally as possible.
(d)
Retaining wall and gravity wall designs sealed by a professional
engineer shall be submitted to the Township for review and approval
prior to or as part of the issuance of a building permit. A note stating
the same shall be added to the record plan.
(e)
Adequate provisions shall be made to prevent surface water from
damaging the cut face of excavations or the sloping surfaces of fills.
(f)
Cut and fills shall not endanger adjoining property.
(g)
Fill shall be placed and compacted so as to minimize sliding
or erosion of the soil.
(h)
Fills shall comply with the requirements of "Flood-Prone Area
Regulations of Upper Macungie Township," and any amendments thereto.
(i)
Fills placed adjacent to natural watercourses or constructed
channels shall have suitable protection against erosion during periods
of flooding.
(j)
Grading will not be done in such a way as to divert water onto
the property of other landowners without the written consent of the
landowners.
(k)
During grading operations, necessary measures for dust control
will be exercised.
(l)
No equipment shall alter or damage the bed and banks of any
stream, unless approved by the Department of Environmental Protection.
(m)
Equipment shall cross streams only at approved crossings utilizing
culverts or bridges.
(n)
Topsoil shall be removed from the areas of construction and
stored separately; it should be utilized on the site where practical.
Topsoil shall not be buried without notifying the Township.
(o)
Swales located within yard areas shall have a minimum slope
of 2%. Upon review by the Township Engineer, underdrains may be required
where grades are less than 2%.
(p)
Roadside swales shall have a minimum slope of 1%. Upon review by
the Township Engineer, underdrains may be required where grades are
less than 1%.
[Added by Ord. No. 2021-14, 12/2/2021]
2.
Natural Feature Preservation. The design and development of subdivisions
and land developments shall be in harmony with the natural features
of the site and shall respect the development limitations of the natural
features. Subdivisions and land development design shall be integrated
with the natural terrain of the site, wooded areas, large trees, natural
watercourses, wetlands, rock outcroppings and scenic views.
A.
Areas with Development Limitations.
(1)
Subdivisions and land developments shall minimize the disturbance of steeply sloping areas, that is areas with slopes in excess of 15%. Development shall be directed to the less sloping portions of the site to the greatest degree possible. The subdivision/land development shall comply with the steep slope requirements of the Zoning Ordinance (Chapter 27).
(2)
Subdivisions and land developments shall conform to the requirements of Chapter 8, Floodplain Regulations, the Upper Macungie Township Code.
[Amended by Ord. No. 2019-05, 8/1/2019]
(3)
The filling or development of wetlands and areas of hydric soils shall conform to the hydric soil regulations of the Zoning Ordinance (Chapter 27) and shall not proceed until relevant U.S. Army Corps of Engineers and Pennsylvania Department of Environmental Protection permits have been granted.
3.
Woodlands Preservation/Tree Conservation Requirements.
A.
Residential Subdivisions. A total of 70% of the overall woodland
shall be retained. The preserved woodlands shall be comprised of 50%
protected as a woodlands preservation area and 20% as a tree conservation
area, set forth as follows.
(1)
Residential plans shall be processed according to the following
procedure:
(a)
Prior to preliminary plan submission, woodland areas shall be
identified on a plan submitted for review by the Township. This plan
shall identify the location of the woodland canopy and the general
size, density and variety of trees over six inches in diameter measured
four feet from the ground surface.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(b)
Sketch plan submission is encouraged prior to preparation of
a preliminary plan. Although sketch plan submission are not required
or approved, this process is recommended to conserve time and costs.
(c)
Woodland preservation shall be applied when designing road and lot layout. Conservation design development (Chapter 27, Part 9) is an option available to preserve woodland areas whereby the density and credits for woodlands as open space provide for full development of the property.
[Amended by Ord. No. 2019-05, 8/1/2019]
(d)
Woodland preservation areas shall continue to be preserved in
order to comply with the woodlands definition. These areas shall be
designated on the record plan by note requiring the recording of a
declaration of covenants whereby the woodlands shall be preserved
in perpetuity.
(e)
Trees to be removed and preserved within the tree conservation
areas shall be shown on a permit plan either at the time of building
permit application or when future improvements are proposed.
(2)
Woodland Preservation Guidelines. The following shall represent
design guidelines for preserving 70% of woodland:
(a)
Within each lot, the tree conservation area shall allow a building
area measuring at a minimum 40 feet by 70 feet outside of the front,
side and rear yard setbacks as well as the areas where trees will
be preserved by declaration of covenant. This will ensure sufficient
area is provided to construct a house, garage, accessory buildings,
porches and decks.
(b)
Permit plans for building within tree conservation areas, in addition to current Township building plan requirements, shall accurately identify the existing grades and topographic features on the lot, including the specific size and species of the trees. The plan shall show the proposed locations of the house foundation, garage, driveway walks, decks, fences, retaining walls and proposed grades. The plan shall also show the location and methods for tree preservation. The Township shall approve this plan prior to issuance of a building permit. Preparation of the building permit plan shall follow the guidelines of the "Guide to Preserving Trees in Development Projects," Penn State College of Agricultural Sciences. This publication may be found in Part 10, Appendices, of this chapter.
[Amended by Ord. No. 2019-05, 8/1/2019]
(c)
Trees and woodlands to be preserved shall be protected during
construction by placing construction or silt fencing along the tree
canopy dripline prior to the start of construction. The location of
the fencing shall be reviewed by the Director of Community Development
or Township-designated agent. The fencing shall remain undisturbed
until final construction and restoration of the area in order to prevent
construction equipment from damaging the root systems. Trees to be
removed shall be felled in a manner that does not cause damage to
trees to be preserved. The applicant shall demonstrate that the construction
of infrastructure can be accomplished without damaging tree roots
whereby the life of the preserved trees could be affected. (Reference
"Guide to Preserving Trees in Development Projects," Penn State College
of Agricultural Sciences. This publication is on file at the Upper
Macungie Township Municipal Building.)
(3)
Ord. Tree Preservation Credits. Preservation of two or more trees per lot having a caliper exceeding six inches, located between the right-of-way line and the front building setback may be credited in compliance with the street tree requirements of Subsection 5C of § 22-710 of this Chapter. When adjoining lots within a wooded area do not contain existing trees in the front setback area, additional trees of two-and-one-half-inch caliper, measured six inches above the base, of the same variety as within the existing woodlands shall be planted in such lots. Those plantings shall be arranged in a pattern designed by a registered landscape architect in a quantity equal to the requirements of § 22-710 of this Chapter.[1]
[1]
Editor's Note: Former Subsection 3A(4), Recreation fee credits,
which immediately followed this subsection, was repealed 8/1/2019
by Ord. No. 2019-05.
B.
Land Developments. The development of a tract of land for nonresidential
purposes or the development of residential apartments, condominiums
and mobile/manufactured home parks shall preserve a minimum of 50%
of the woodlands located within the property. The following guidelines
shall be utilized in achieving the preservation of such woodlands.
(1)
Land development plans shall be processed according to the following
procedure:
(a)
Prior to preliminary plan submission, woodland areas shall be
identified on a land development plan submitted for review by the
Township Director of Community Development or the Township's designated
agent.
(b)
Sketch plan submission is encouraged prior to preparation of
a preliminary plan. Although sketch plan submissions are not required
or approved, this process is recommended to conserve time and costs.
(c)
Trees and woodlands to be preserved shall be protected during
construction by placing construction or silt fencing along the tree
canopy dripline prior to the start of construction. The location of
the fencing shall be reviewed by the Director of Community Development
or Township-designated agent. The fencing shall remain undisturbed
until final construction and restoration of the area in order to prevent
construction equipment from damaging the root systems. Trees to be
removed shall be felled in a manner that does not cause damage to
trees to be preserved. The applicant shall demonstrate that the construction
of infrastructure can be accomplished without damaging tree roots
whereby the life of the preserved trees could be affected. (Reference
"Guide to Preserving Trees in Development Projects," Penn State College
of Agricultural Sciences. This publication is on file at the Upper
Macungie Township Municipal Building.)
(d)
The preserved tree masses shall meet the definition of woodlands
and be designated as a tree preservation area and be protected by
a covenant running with the land.
C.
Waiver Provisions. The Board of Supervisors may consider the relocation of woodlands when requirements of this Chapter result in the reduction of permitted building and impervious cover by 10% or more so long as all other requirements of the Zoning Ordinance (Chapter 27) and this Chapter are met. The following conditions and requirements apply to woodland relocation:
(1)
In the case of land developments, existing woodlands located
between the outbound property lines and the building restriction lines,
as regulated by the Upper Macungie Township Zoning Code, shall not
be considered for relocation.
(2)
In the case of residential subdivisions, existing woodlands
located within 100 feet of the outbound property lines shall not be
considered for relocation.
(3)
The woodlands areas may be relocated in whole or in part to
another part of the subject property or on other property, providing
it is dedicated to the Township and providing the relocated woodland
is of equal area.
(4)
Woodland relocation plans shall be designed by a professional
forester or landscape architect to result in an area meeting the definition
of woodlands projecting a maximum growth period of 10 years. Planted
trees shall be hardwoods and of a variety and species native to Pennsylvania.
D.
Exemptions. Land subdivided for public purposes, either by or in
lieu of eminent domain proceedings, shall not be subject to provisions
of this Chapter. However, this exemption shall not extend to residual
lands procured by such proceedings which are not utilized for public
purposes.
4.
Karst Hazards.
A.
Purpose. The purpose of this subsection is to recognize the potential
for damage to public and private improvements, human injury or death,
and the disruption of vital public services which may arise by the
potential for sinkholes and/or subsidence within areas of carbonate
geology. A further purpose of this subsection is to minimize the potential
for such sinkhole and/or subsidence occurrence and to protect the
groundwater resources. Should the regulations of this and other applicable
regulations conflict, the most stringent regulations shall apply.
B.
Disclaimer of Liability. Whereas the exact occurrence of sinkholes
and/or subsidence is not predictable, the administration of these
regulations shall create no liability on behalf of the Township, the
Township Engineer, Township employees or Township agencies as to damages
which may be associated with the formation of sinkholes or subsidence.
That is, compliance with these regulations represents no warranty,
finding, guarantee or assurance that a sinkhole and/or subsidence
will not occur on an approved property. The municipality, its agencies,
consultants and employees assume no liability for any financial or
other damages which may result from sinkhole activity.
C.
Procedures.
(1)
As part of the preliminary plan requirements for all subdivisions
and land developments, the applicant shall engage a licensed professional
geologist to perform an analog or digital stereoscopic evaluation
and review the existing aerial photos, soils, geological and related
data available to him as it may pertain to the subject property and
to make a site inspection of the property.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(2)
A site inspection by the applicant's geologist, to field-verify
the results of the stereoscopic evaluation and published mapped features,
using all available data and with such assistance as is needed, shall
determine the presence or absence of karst surface features of the
site, and locate the same if present on a site plan at a scale no
smaller than one inch equals 100 feet. In particular, the following
features shall be located, if present, on the site:
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(3)
The applicant must provide the Township with a map at a scale of one inch equals 100 feet that shows the karst features listed in Subsection 4C(2) above.
(4)
Based upon the site inspection, the applicant's geologist shall determine if geotechnical testing should be done by the applicant to ensure compliance with the performance standards set forth in Subsection 4D below. Testing methodology shall be reasonable under the circumstances, including the scale of the proposed development and the hazards revealed by examination of available data and site inspection.
[Amended by Ord. No. 2019-05, 8/1/2019]
(5)
The applicant shall cause the additional testing, if any, to
be effected and shall submit test results to the Township Engineer.
(6)
The Township Engineer shall report to the Planning Commission,
with a copy to the applicant, his opinion concerning the adequacy
of the report submitted, based upon the scale of the development and
the hazards revealed by the report, and shall make recommendations
to the Planning Commission based upon the report submitted concerning
site development, including stormwater management, the layout of utility
lines and building location. The Township Engineer may require the
applicant to perform such additional testing as may be appropriate.
D.
Performance Standards.
(1)
All applicants for subdivisions or land developments shall comply
with the requirements of this Chapter regarding karst hazards.
(2)
No stormwater detention facility shall be placed within 100 feet of the features listed in Subsection 4C(2) above, unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(3)
No stormwater swale with design flows in excess of 10 cubic feet per second for the ten-year flood may be constructed within 100 feet of the features listed in Subsection 4C(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(4)
No stormwater pipe shall be constructed within 100 feet of the features listed in Subsection 4C(2) unless it is concrete pipe utilizing O-ring joints within roadway areas or HDPE with watertight gasket joints within lawn areas.
(5)
No principal or accessory building, no structure and no impervious surface shall be located closer than 100 feet from the edge of the features listed in Subsection 4C(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(6)
No septic system or tile field, no swimming pool, no solid waste disposal area, transfer area or facility, no oil, gasoline, salt or chemical storage area and no blasting or well hydraulic fracturing for quarrying or well enhancement activities shall occur within 100 feet of the features listed in Subsection 4C(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the karst feature has been presented by a professional geologist.
[Amended by Ord. No. 2019-05, 8/1/2019]
(7)
Soil conservation plans filed with the Lehigh County Conservation
District shall detail safeguards to protect identified karst features.
(8)
All utility lines located in a karst hazard area shall be so
constructed as to not permit the flow of water along the utility line
trench, with impervious dikes placed at thirty-foot intervals.
[Amended by Ord. No. 2019-05, 8/1/2019]
(9)
When a proposed utility line is located in an identified karst
hazard area, the applicant shall demonstrate to the Township that
the appropriate utility authority has been notified of this fact and
that the applicant will comply with the authority's recommendations
concerning provisions to prevent the flow of water along the utility
line trench.
[Ord. 01-11, 6/21/2001, § 710]
1.
The intent of this Section is to serve the following purposes:
A.
Preserve ecologically important and environmentally sensitive natural
features, especially large trees and densely wooded areas.
B.
Protect and preserve the character of the area.
C.
Protect and enhance property values.
D.
Reduce thermal pollution of surface waters from impervious areas.
E.
Provide buffers between different land uses.
F.
Compensate for the environmental impact that accompanies development
of the land.
2.
This Section applies to any use which is required by § 27-116 of the Township Zoning Ordinance (Chapter 27) to submit a site plan for review by the Planning Commission and the Board of Supervisors and comply with the improvement standards of the Township Subdivision and Land Development Ordinance (Chapter 22) and to any subdivision and land development under this chapter.
[Amended by Ord. No. 2019-05, 8/1/2019]
4.
Landscape plans shall include the following:
A.
Drawn at minimum scale where one inch equals 50 feet, depicting proposed
location and area of each proposed lot, buildings, streets, drives,
buffer yards and paving. Typical proposed individual lot landscape
plans may be used for residential subdivisions.
B.
The plan shall list the number of trees and shrubs required by reference to each section of this landscape Chapter and the number of trees proposed. This tabulation shall appear on the landscape plan. The site data shall contain the length of roadway, the area of proposed pave and the width in feet of all required buffer yards. Number of trees and shrubs per acre proposed for the site for each requirement category (per acre, pave area and shade trees, street trees, buffer yards and buffer strips). (See example contained in Part 10 of this Chapter.[1])
C.
The plan shall, by legend, depict the location of all proposed trees
and shrubs and list the scientific name and the common name.
D.
The plan shall list by type and size all isolated trees greater then
six inches in diameter measured at four feet from the surface, show
all woodland areas and list the predominate types of trees within
the woodland areas, as defined in the woodlands preservation regulations.
E.
Required clear sight triangles, and utility easements where trees
should not be planted.
F.
Typical spacing of the proposed plantings.
G.
For commercial, industrial, single-family attached or multifamily
uses or a use or uses on a lot larger than 30 acres, a registered
landscape architect shall prepare the landscape plan and place his
seal thereon.
[Amended by Ord. No. 2019-05, 8/1/2019]
H.
Proposed ground cover specifications shall be provided for grass,
plantings or mulch.
I.
A minimum of four inches of topsoil shall be utilized on the site
for lawn and planting areas.
[Amended by Ord. No. 2019-05, 8/1/2019]
5.
Planting Requirements. The landscape plan shall provide the number
of trees based on the following standards to be used as a guide to
the number of trees required:
A.
Each acre of lot area shall provide the following number of trees
(measured in accordance with the American Standard for Nursery Stock):
[Amended by Ord. No. 2019-05, 8/1/2019]
(1)
Twelve deciduous or conifer trees for each acre, a minimum 2 1/2
inches in diameter for deciduous, six-foot-tall conifers;
(2)
Four trees per acre, a minimum of four inches in diameter for
deciduous or eight-foot-tall conifers;
(3)
Three trees per acre, if over five inches in diameter or ten-foot-tall
conifer; or
(4)
Any combination of sizes, provided that the ratio is equal to the total of 12 per acre as listed above in Subsection 5A(1), and five shrubs 2 1/2 feet in height can be substituted for each two-and-one-half-inch-caliper tree up to 20% of the total tree requirement. Requirements can also be met by preserving existing trees under the provisions of Subsection 3 of § 22-709.
B.
In addition to the lot area landscaping requirements, paved area
landscaping shall provide one tree for each area of pave to be placed
around the perimeter of the paved area, along internal driveways and
access drives. Within paved areas having more than 20,000 square feet,
shade trees shall be planted within landscaped isles equal to 5% of
the total paved area at a maximum interval of 20 consecutive parking
spaces.
[Amended by Ord. No. 2019-05, 8/1/2019]
(1)
Each three-thousand-square-foot area, one shade or ornamental
tree of two-and-one-half-inch caliper for deciduous, or six-foot-tall
conifer.
(2)
For each nine-thousand-square-foot area, one shade or ornamental
tree of minimum four-inch caliper for deciduous, or eight-foot-tall
conifer.
(3)
For each twelve-thousand-square-foot area, one shade or ornamental
tree of minimum six-inch caliper for deciduous, or ten-foot conifer.
(4)
Any combination of sizes, provided that the ratio is equal to the total of one per 3,000 square feet of paved area as listed above in Subsection 5B(1), and five shrubs 2 1/2 feet in height can be substituted for each two-and-one-half-inch caliper tree up to 20% of the total tree requirement. Requirements can also be met by preserving existing trees under the provisions of woodlands preservation Subsection 3 of § 22-709.
C.
Street trees of the following species shall be planted where no existing
trees are retained along existing or proposed street rights-of-way
at intervals not more than 60 feet apart on each side of the street.
The trees shall be balled and burlapped, measure two-and-one-half-inch
caliper at a height of six inches above grade and be formed for street
tree use having a single trunk to seven feet with the lower five feet
clear of branches, meeting the minimum specifications of the American
Standard for Nursery Stock. Street trees shall be retained or planted
in the following locations for the following three situations:
(1)
In developments containing curb and sidewalks, trees shall be
planted two feet outside the street right-of-way and in particular
but not with limitation be one of the following approved trees selected
for the columnar shape, tolerance to growth in confined conditions,
and deep root structure:
[Amended by Ord. No. 2019-05, 8/1/2019]
(a)
Armstrong maple, columnar.
(b)
Callery pear — Pyrus calleryana, Chanticleer pear.
(c)
Oriental cherry — Prunus serrulata "Amanogawa."
(d)
Amur maple — Acer ginnala, Summer splendor.
(e)
Acer rubrum — Red maple, columnar.
(f)
Acer capestre — Evelyn.
(g)
All seasons hackberry — Celtis laevigata.
(h)
Ginko biloba — Maidenhair tree.
(i)
Zelkova serrata — Japanese zelkova.
(2)
In developments without curb with roadside swales, trees shall
be planted two feet outside the street right-of-way and in particular
but not with limitation be one of the following approved trees selected
for shade and size for areas allowing taller and wider trees:
[Amended by Ord. No. 2019-05, 8/1/2019]
(3)
Within industrial developments, street trees listed in Subsection 5C(2) above can be used. In addition, earthen berms (applied only to new streets) modulating in height up to four feet shall be planted in intervals with ornamental trees and shrubs in particular but not with limitation to several of the following arranged in planting to provide a screen beneath the street trees which are credited to the landscape requirements for land development:
(4)
All planting strips within street rights-of-way shall be finished,
graded, properly prepared and seeded or sodded with lawn grass in
conformance with good nursery practice.
(5)
In residential developments within the declaration of covenants
and the notice to property owners the location of the trees shall
be specified. The developer will be responsible for planting the trees
and notifying the property owners. To avoid conflict with property
owners' final landscape plans, the trees shall be planted within the
first year of house occupancy.
[Amended by Ord. No. 2019-05, 8/1/2019]
(6)
Where street trees cannot be planted due to the presence of utility
easements or other accepted reasons, the number of street trees that
are unable to be provided along the right-of-way at the required intervals
shall be provided elsewhere within the site.
[Added by Ord. No. 2019-05, 8/1/2019]
D.
Buffer Yards. Requirements for buffer yards and evergreen screening are listed in the Township Zoning Ordinance (Chapter 27). The required landscaping in this Part shall be in addition to the landscaping required within buffer yards.
E.
Buffer strips shall be provided to screen truck parking, loading
areas, outdoor storage, refuse containers or similar activities from
view from any surrounding street or abutting residential district.
(1)
Buffer strips shall include a dense screen planting of trees,
shrubs or other plant material to serve as a barrier to visibility
and shall consist of at least 50% evergreen plant material.
(2)
Plant materials selected for buffer strips shall achieve a size
greater than the height of the activity to be screened within five
years.
F.
Riparian
buffer requirements shall meet the standards as set forth in Pa. Code
Chapter 102, § 102.14.
[Added by Ord. No. 2019-05, 8/1/2019]
6.
Enforcement and Maintenance. All landscaping materials required by
this Part shall be installed in accordance with the approved landscape
plan.
A.
Trees which die or become diseased or pest-ridden within 12 months
of the time of planting shall be replaced by the developer. The developer
shall enter into a maintenance agreement with the Township to ensure
proper care of the trees.
B.
Trees within the street right-of-way, and all other required plantings,
shall not be removed without a permit from the Zoning Officer, except
for trees removed by the Township or the state and for trees approved
to be removed under this Chapter.
[Ord. 01-11, 6/21/2011, § 711; as amended by Ord.
2011-4, 7/7/2011]
1.
Statement of Findings and Intent.
A.
Residential, commercial, office and industrial subdivisions and land
developments create significant demands for parkland featuring active
recreational areas and facilities.
B.
The Township has certain goals and objectives, which are listed in the Comprehensive Plan, the Park and Recreation Plan, the Zoning Ordinance [Chapter 27] and this Chapter.
C.
To meet the demands for active recreation and to achieve the aforesaid
goals and objectives, it is necessary and desirable, in the best interests
of the Township, to provide for the dedication of parkland or the
payment of fees in lieu thereof.
D.
To meet the demands for passive recreation and open space and to
achieve the aforesaid goals, the county and Township employ the use
of certain incentives to entice private landowners, developers and
subdividers to preserve and establish these spaces, including but
not limited to the Conservation Design Ordinance, Woodlands Preservation,
Act 319 of 1974, as amended (72 P.S. § 5490.1 et seq.),
and Act 515 of 1966, as amended (16 P.S. § 11941 et seq.),
and its Agriculture Security Area Ordinance No. 3-98, as amended.
[Amended by Ord. No. 2019-05, 8/1/2019]
2.
The parkland and active recreational needs of subdivisions and land
developments shall be met as follows:
A.
In reviewing subdivision and land development plans, the Township
Planning Commission and Township Supervisors shall consider what lands
or community facilities are necessary to serve the needs of the additional
demand on active recreation as a result of the proposed subdivision
and/or land development.
B.
Subdividers, developers and Township Planning Commissioners shall
give consideration to providing facilities or reserving areas for
facilities normally required in residential neighborhoods, including
public buildings, parks, playgrounds and play fields. 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, and shall be suitably prepared for this end use
at the expense of the subdivider. Prior to the preparation of plans,
subdividers of large tracts should review with the Township Planning
Commission the minimum standards for various community facilities
applicable to the tract being subdivided.
C.
In proposed subdivisions and land developments which are intended
to provide housing, or in the case of nonresidential development where
more than five persons can be employed on site, the Township Supervisors
shall require the applicant to dedicate parkland to provide for active
recreation needs of the residents and employees from the development.
D.
The Township would have the option to either accept parkland, as established above, or accept payment of a recreation fee in lieu of the parkland dedication in any development where a proposed subdivision or land development is intended. This fee in lieu of dedication must be used in accordance with Subsection 7C of this Section.
E.
The applicant shall use the amount of land as required under the
minimum parkland area for dedication set forth hereinafter, which
shall be set aside in proposed subdivisions and land developments.
The Board of Supervisors may modify this requirement, but only after
receiving and reviewing a written request by the applicant to deviate
from the parkland dedication requirements by proposing greater improvements
on a smaller tract of land or the payment of the fee in lieu of dedication
and improvements. The plan for deviation shall be reviewed and receive
a recommendation from the Township Planning Commission prior to action
by the Board of Supervisors.
3.
Parkland Dedication.
A.
Requirement and Dedication. Every applicant for subdivision or land
development approval shall dedicate to the Township not less than
the minimum parkland area for dedication specified hereinafter, unless
the applicant and the Township agree that such parkland may be privately
reserved or dedicated to another public entity or the applicant and
the Township agree that the applicant shall pay fees in lieu thereof
and such fees are paid, as specified hereinafter.
(1)
Minimum Parkland Area for Dedication for Residential Development.
The minimum parkland area for residential development shall be 7,800
square feet of parkland for each approved dwelling unit.
[Amended by Ord. No. 2019-05, 8/1/2019]
(2)
Minimum parkland Area for Dedication for Commercial, Office
and Industrial Development.
(a)
For every nonresidential development where more than five persons
can be employed on site, there shall be a base minimum parkland area
requirement of 7,800 square feet of parkland.
[Amended by Ord. No. 2019-05, 8/1/2019]
(b)
In addition to the base minimum parkland area requirement, the
Township shall require additional minimum parkland area wherein the
additional required square footage of parkland to be dedicated shall
be calculated and arrived at by using the gross floor area of the
proposed building as follows:
B.
Dedication Process.
(1)
The dedication shall be made to the Township prior to recordation
of the approved subdivision or land development plan. The following
shall be required to effect delivery of any lands to be dedicated.
(a)
A fully executed and acknowledged special warranty deed, which
shall be subject to the review and approval of the Township Engineer
and the Township Solicitor.
(b)
A current certification of title or policy of title insurance
issued by a reputable title insurance company authorized to transact
the business of title insurance in the Commonwealth of Pennsylvania
or current opinion of title by an attorney licensed to practice law
in the Commonwealth of Pennsylvania, which shall be subject to the
review and approval of the Township Solicitor.
(c)
A Phase 1 environmental site assessment (per ASTM Standard E-1527-13)
to demonstrate that the land is environmentally suitable for its intended
purposes, which shall be subject to the review and approval of the
Township Engineer.
[Amended by Ord. No. 2019-05, 8/1/2019]
(2)
The parkland shall be conveyed free and clear of all liens,
encumbrances and easements (excepting existing easements or restrictions
of record which do not make the land unsuitable for its intended use,
and provided they do not render the title unmarketable).
4.
Parkland Requirements.
A.
The applicant shall clearly state, in writing, what improvements,
if any, it intends to make in connection with the development such
that the parkland will be suitable for its intended purpose, such
as grading, landscaping or development of recreation structures or
playing fields. All dedicated parkland shall be free of construction
and other debris at the time of dedication.
B.
Parkland shall initially be offered for dedication to the Township.
The Board of Supervisors may authorize the applicant to offer the
parkland to another public entity, so long as it is preserved in perpetuity.
C.
In the case of apartments or other types of residential rental development,
the Township may permit ownership of parkland to be retained by the
real owner.
D.
In the event that the Township authorizes the private reservation
of parkland for common use of lot or condominium owners, the applicant
shall provide to the Township documentation establishing:
(1)
That an association of such owners to own and maintain such
space has been lawfully created.
(2)
That a formal agreement or declaration has been created and
properly recorded providing for the perpetual maintenance and the
method of management of such space.
(3)
Such agreement or declaration shall provide that all owners
within the subdivision or land development are required to contribute
financially to such maintenance. Privately reserved parkland shall
be protected by permanent deed restrictions and/or conservation easements
acceptable to the Board of Supervisors to permanently prohibit the
construction of buildings, except buildings for preapproved types
of noncommercial recreation or that are needed to support maintenance
of the parkland. All such documentation is subject to the review of
the Township Solicitor and acceptance by the Board of Supervisors.
(4)
Said parkland cannot be sold or transferred without the written
approval of the Board of Supervisors. If said land is abandoned, ownership
shall revert to the Township, which shall obtain fee-simple title
at no cost.
E.
Required parkland shall be contiguous, except as may be specifically
exempted by the Board of Supervisors.
F.
Required parkland shall have adequate access for maintenance and
for pedestrians, bicyclists, and emergency and service vehicles.
G.
Other Ordinances. Any required dedication under this Section shall
be in addition to any land dedication or improvement requirements
of any other Township ordinance or resolution, unless specifically
stated otherwise.
H.
Prohibited Lands. No area shall be used to meet the minimum parkland
area requirements of this Section if such area is:
(1)
Within 25 feet of any building.
(2)
Within 25 feet of a parking area of more than six parking spaces
(other than parking areas specifically developed to serve the parkland).
(3)
Within 50 feet on each side of the center of overhead electrical
transmission lines of over 35 kilowatts of capacity.
(4)
Within stormwater detention basins.
(5)
Within stormwater retention basins unless the dedicated area
includes not less than five acres of parkland, exclusive of the area
of such basin, and the Board of Supervisors finds that such basin
has exceptional active recreational value by providing fishing, boating
and/or other active recreation activities.
(6)
Within the 100-year floodplain, as defined by official floodplain
maps of the Township.
[Added by Ord. No. 2019-05, 8/1/2019]
(7)
Slope is greater than 6% over all distances of no more than three
feet.
[Added by Ord. No. 2019-05, 8/1/2019]
I.
Coordination with Future or Adjacent Development.
(1)
In a phased plan, the dedication of parkland shall be made as
a part of the first phase of development.
(2)
If only a portion of a larger tract of land is currently proposed
to be subdivided or the applicant owns one or more adjacent tracts
that are not currently proposed to be subdivided, the applicant shall
provide a sketch showing areas for possible future dedication on such
adjacent tract or tracts.
(3)
The Board of Supervisors may require that parkland to be dedicated
within land currently being subdivided be placed along an edge of
such lands so that such space may, in the future, be combined with
a parkland dedication on the edge of an adjacent property when that
adjacent property is subdivided or developed.
J.
Areas
intended for active recreation shall be well-drained, shall have a
slope of no greater than 4% over all distances of not more than three
feet, and not require that a wetland be filled in order to be used
as intended.
[Added by Ord. No. 2019-05, 8/1/2019]
5.
Fees in Lieu of Parkland Dedication.
A.
If acceptable to the Board of Supervisors, the Township will accept
fees in lieu of the dedication of parkland, as provided below:
(1)
For residential development, $3,500 for each approved dwelling
unit.
(2)
For Commercial, Office and Industrial Development.
(a)
For every nonresidential development where more than five persons
can be employed on site, there shall be a base fee of $3,500.
(b)
In addition to the base fee, the Township shall require additional
fees, which shall be calculated and arrived at by using the gross
floor area of the proposed building as follows:
1)
Twenty cents for each square foot of the first 100,000 square
feet of gross floor area; and
[Amended by Ord. No. 2019-05, 8/1/2019]
2)
Ten cents for each additional square foot of gross floor area
in excess of 100,000 square feet but less than 500,000 square feet;
and
3)
Five cents for each additional square foot of gross floor area
in excess of 500,000 square feet; and
(c)
The fee for additions to existing buildings shall be computed
by calculating the fee for the entire building (including the addition)
and thereafter subtracting from this amount any amount of the fee
attributed to the original size of the building.
B.
The foregoing fees above may be revised by subsequent resolution
and/or official fee schedule of the Board of Supervisors.
6.
Decision on Dedication of Parkland versus Payment of Fees in Lieu
of Dedication. The Board of Supervisors shall determine whether a
dedication of parkland or the payment of fees in lieu thereof is preferable.
If the Board of Supervisors determines that payment of fees is preferable,
but an applicant refuses, in writing, at or prior to the time of preliminary
plan approval, to the payment of such fees, the dedication of parkland
shall be required. The Board of Supervisors should, at a minimum,
consider the following factors in making such determination:
A.
Whether the location of the parkland abuts or can be connected to
other parkland which is currently or potentially publicly owned.
B.
Whether the dedication of parkland in that location would serve a
valid public purpose, such as providing a buffer between different
types of land uses.
C.
Whether the proposed parkland is accessible to pedestrians, bicyclists
and emergency and service vehicles.
D.
Whether the area in the general vicinity of the development has existing,
adequate parkland.
E.
Any recommendations that may be received from the Planning Commission,
the Township Engineer, the Recreation Committee or other Township
staff.
F.
Relevant provisions of the Comprehensive Park, Recreation and Open
Space Plan and/or Comprehensive Plan.
7.
Limitations on Use of Fees.
A.
All fees collected pursuant to this Section shall be placed within
one or more interest-bearing account(s), which shall be accounted
for separately from other Township funds.
B.
At the time of final subdivision or land development approval, the
Township shall designate the location of existing parkland and/or
facilities or the approximate location of intended parkland and/or
facilities where the fees are intended to be utilized. Such parkland
and/or facilities shall be accessible to the inhabitants of the development
that paid such fees. Notwithstanding the foregoing, fees from any
development may be used within any community-wide park that the Board
of Supervisors determines clearly is intended to serve all inhabitants
of the Township.
(1)
The Board of Supervisors may, by resolution, modify the locations
where fees are to be expended, if conditions change or opportunities
more appropriate arise.
(2)
In the event that the Board of Supervisors does not designate
specific parkland and/or facilities for the use of fees, then such
fees shall be deemed as designated for use at any Township-owned parkland
or recreational facility.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
C.
Use of Funds. All fees paid under this Section shall be used only
for the following:
(1)
Acquisition of parkland (including but not limited to property
transfer costs).
(2)
Development of public recreational facilities.
(3)
Renovation of new or existing public recreational facilities.
(4)
Landscaping of parkland.
(5)
Closely related professional engineering work, such as design
and preparation of construction specifications and/or bid documents.
Such fees shall not be used for maintenance of existing facilities,
provision of recreation programs or other administrative costs.
(6)
Maintenance of park facilities.
[Added by Ord. No. 2019-05, 8/1/2019]
[Added by Ord. No. 2021-14, 12/2/2021]
1.
Fire apparatus access roads shall meet the below requirements:
A.
The Director of the Bureau of Fire is authorized to require more
than one fire apparatus access road based on the potential for impairment
of a single road by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access. IFC 503.1.2.
B.
Fire apparatus access roads shall have an unobstructed vertical clearance
of not less than 13 feet six inches. IFC 503.2.1.
C.
Fire apparatus access roads shall be designed and maintained to support
the imposed loads of fire apparatus and shall be surfaced so as to
provide all weather driving capabilities. IFC 503.2.3.
D.
The required turning radius of a fire apparatus access road shall
be determined by the Director of the Bureau of Fire. A fire truck
turning movement plan shall be provided showing the path of the aerial
fire truck around the buildings and showing the path of the standard
fire truck around parking lot aisles. IFC 503.2.4.
E.
Dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with an approved area for turning around fire apparatus.
IFC 503.2.5.
F.
Approved signs or other approved notices or markings that include
the words "NO PARKING-FIRE LANE" shall be provided for fire apparatus
access roads to identify such roads or prohibit the obstruction thereof.
Such signs, notices, or markings shall be maintained in a clean and
legible condition at all times and be replaced or repaired when necessary
to provide adequate visibility. IFC 503.3.
G.
Fire apparatus access roads shall not be obstructed in any manner,
including the parking of vehicles. IFC 503.4.
H.
When required by Director of the Bureau of Fire, gates and barricades
shall be secured in an approved manner. IFC 503.5.1.
I.
The installation of security gates across a fire apparatus access
road shall be approved by the Director of the Bureau of Fire. Where
security gates are installed, they shall have an approved means of
emergency operation. The security gates and the emergency operation
shall be maintained operational at all times. IFC 503.6.
J.
A note shall be provided on the record plan indicating the type of
fire suppression being provided for the facility.
2.
Key Boxes.
A.
Where access to or within a structure or an area is restricted because
of secured openings or where immediate access is necessary for lifesaving
or firefighting purposes, the Director of the Bureau of Fire is authorized
to require a key box to be installed in an approved location. The
key box shall be of an approved type and shall contain keys to gain
necessary access as required. IFC 506.1.
B.
An approved lock shall be installed on gates or similar barriers.
IFC 506.1.1.
C.
The operator of the building shall immediately notify the fire code
official and provide the new key when a lock is changed or rekeyed.
The key for such lock shall be secured in the key box. IFC 506.2.
3.
Fire Department Connections.
A.
With respect to hydrants, driveways, buildings, and landscaping,
Fire Department connections shall be so located that fire apparatus
and hose connected to supply the system will not obstruct access to
the buildings for other fire apparatus. The location of Fire Department
connections shall be approved by the Director of the Bureau of Fire.
IFC 912.2.
B.
Fire Department connections shall be located on the street side of
buildings, fully visible and recognizable from the street or nearest
point of Fire Department vehicle access or as otherwise approved by
the Director of the Bureau of Fire. IFC 912.2.1.
C.
Wherever the Fire Department connection is not visible to approaching
fire apparatus, the Fire Department connection shall be indicated
by an approved sign mounted on the street front or the side of the
building. IFC 912.2.2.
D.
Immediate access to Fire Department connections shall be maintained
at all times and without obstruction by fences, bushes, trees, walls,
or any other fixed or movable object. IFC 912.4.
E.
A working space of not less than 36 inches in width, 36 inches in
depth and 78 inches in height shall be provided and maintained in
front of and to the sides of wall-mounted Fire Department connections
and around the circumference of freestanding Fire Department connections.
IFC 912.4.2.
F.
Where Fire Department connections are subject to impact by a motor
vehicle, vehicle impact protection shall be provided. IFC 912.4.3.
