Township of Germany, PA Article V Improvement and Construction Requirements

§ 160-30 Monuments and markers.

Monuments and markers shall be placed so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They shall be set so that the top of the monument or marker is level with the finished grade of the surrounding ground. Monuments shall be marked on top with a copper or brass plate or dowel set in the concrete.

A. Monuments.

(1) Monuments shall be set:

(a) At the intersections of all right-of-way lines.

(b) At the intersection of lines forming angles in the boundaries of the development.

(c) At such intermediate points as may be required by the engineer.

(d) Within 60 days of final plan approval the developer's surveyor shall provide a letter to the Township certifying that all monuments have been set.

(2) Monuments shall be six inches square or four inches in diameter, 30 inches long and made of concrete, stone, or by setting a four-inch cast iron or steel pipe filled with concrete.

B. Markers.

(1) Markers shall be set:

(a) At all lot corners except those monumented.

(b) Prior to the time the lot is offered for sale.

(2) Markers shall be 3/4 of an inch square or 3/4 of an inch in diameter, 15 inches long. Markers shall be made of iron pipes or iron or steel bars.

§ 160-31 Streets.

Streets shall be surfaced to the grades and dimensions drawn on the plans, profiles, and cross-sections submitted by the developer and approved by the Township. Before paving the street surface, the developer shall install the required utilities and provide, where necessary, adequate stormwater drainage for the streets, as acceptable to the Township. Following a review of the subdivision plan and consultation with the developer and the governing body of the municipality in which the subdivision is located, the Township shall determine the type of development and the specifications for the base and wearing surface of the streets in accordance with the following:

A. Urban or suburban developments.

(1) Minor streets. Shall be constructed in accordance with the Germany Township Construction and Materials Specifications Manual.[1]

[1] Editor's Note: See Chapter 77, Construction and Materials Specifications.

(2) Collector streets. Shall be constructed in accordance with the Germany Township Construction Materials and Specifications Manual.

(3) Arterial streets. For the construction of arterial streets, the developer shall consult with the Township and be governed by the Pennsylvania Department of Transportation specifications for the method of construction to be used. The Township shall decide if a collector or arterial street is required as a direct result of the construction of the development, in which case the developer shall be responsible for the costs of such street thereof in accordance with law.

B. Private streets.

(1) All private streets shall be constructed in accordance with § 160-31 or bonded in accordance with § 160-45 of this chapter prior to approval of the final plan.

(2) Whenever a developer proposes to establish a street which is not offered for dedication to public use, the Township shall require the developer to submit, and also to record with the plan, a copy of an agreement made with the Township on behalf of his heirs and assigns, and signed by the Township Supervisors, and which shall establish and stipulate certain conditions, including, but not limited to the following:

(a) That the Township has the right of inspection during construction of the proposed street, and that the cost of inspection shall be paid by developer;

(b) Final approval of the proposed street shall be subject to any outstanding matters relating to utilities and if appropriate stormwater management and drainage;

(c) A method of assessing the cost of maintenance and repairs to the street by the abutting property owners;

(d) That all lots abutting the street shall be subjected to deed restrictions regarding the cost of repair and maintenance of said street, and the developer shall be responsible for ensuring that each deed contains said restrictions;

(e) A provision whereby the Township has, the continuing right to exercise its various remedies available to the Township under both the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., and this chapter, and specifically § 160-47 thereof.

C. Streetlights. In any proposed subdivision or land development involving 10 or more lots or dwelling units with an average lot size or area per dwelling unit of 15,000 square feet or less, a streetlight meeting Township requirements shall be installed at one corner of every intersection. In lieu of streetlights, the Township may require the developer to install individual property lights in the ratio of one to each lot regardless of lot size.

D. Street signs. Street name signs shall be placed at one corner of every intersection. The design must be according to the Township requirements.

E. Street trees. Street trees shall be provided in the development as required in § 160-50C(2)(a).

§ 160-32 Curbs and gutters.

A. Curbs shall be installed at the decision of the Supervisors on both sides of any proposed street included in a proposed subdivision and where abutting lot, lots or development have curbs and gutters. Curbs may also be required on existing streets where curbs are necessary to control the flow of surface water and regulate traffic.

B. Curbs may be required in all parking compounds located within multifamily development projects.

C. All curbs shall be constructed in accordance with the Germany Township Construction and Materials Specifications Manual.[1]

[1] Editor's Note: See Chapter 77, Construction and Materials Specifications.

D. Curb cut ramps shall be provided for the physically handicapped as required by the Highway Safety Act of 1966 and the Americans with Disabilities Act of 1990.[2]

[2] Editor's Note: See 23 U.S.C. § 401 and 42 U.S.C. § 12101 et seq., respectively.

§ 160-33 Sidewalks.

In any proposed subdivision or land development with an average lot size or area per dwelling unit of 15,000 square feet or less, or where any subdivision is immediately adjacent to or within 1,000 feet of, any existing or recorded subdivision having sidewalks, sidewalks shall be installed on each side of the street in accordance with Township requirements. The Township may also require installation of sidewalks in any subdivision of land development where the evidence indicates that sidewalks are necessary for the public safety.

A. Sidewalks shall be within the right-of-way of the street and shall extend to width from the right-of-way line toward the curbline.

B. Sidewalks shall be at least four feet wide. In the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks shall be at least five feet wide and located within the street right-of-way.

C. All sidewalks shall be constructed in accordance with the Germany Township Construction and Materials Specifications manual.[1]

[1] Editor's Note: See Chapter 77, Construction and Materials Specifications.

D. Sidewalks shall be of a uniform depth of four inches, except where crossed by driveways, where the depth shall be six inches for residential driveways, and eight inches for commercial driveways. The width of the sidewalk shall be the width specified in this chapter.

E. Construction joints shall be spaced no more than five feet apart.

F. The forms used shall be of metal. All forms shall be smooth, straight, and free from warp.

§ 160-34 Sewer and water supply systems.

All sanitary sewer and water supply systems located in any designated floodplain district shall be floodproofed up to the regulatory flood elevation.

A. Private and on-site sewer systems.

(1) All properties shall be connected to a public sanitary sewer system if possible.

(2) Where a public sanitary sewer system is not accessible, but is proposed for extension within five years to the development or to within 1,000 feet of the development, the developer shall install sewer lines, including lateral connections, to provide adequate service to each lot when connection with the public system is made. The sewer lines shall be capped at the street right-of-way line. When capped sewers are provided, on-site disposal facilities shall also be provided. If the available engineering and design information for the proposed public system is insufficient to ensure the proper installation of capped sewer lines, the developer shall, at the Township's discretion, provide for the eventual installation by creating an escrow account in an amount sufficient to provide for the eventual construction of said sewer lines.

(3) If no public system is either proposed within five years or within 1,000 feet of the development, the Township Supervisors may require that a study be prepared to determine the feasibility of constructing a private sewer system or treatment facility, or connecting to any existing private or public system over 1,000 feet away.

(4) Upon completion of any sanitary sewer system installation, the plan for the system as built shall be filed with the Township.

(5) Where none of the above alternatives are possible or feasible, an individual sewage disposal system consisting of a septic tank and absorption field or other approved sewage disposal system shall be provided for each lot at the time improvements are erected or installed thereon. All such individual sewage disposal systems shall be constructed in accordance with the Pennsylvania Department of Environmental Protection or Germany Township's regulations.

B. Hydrogeologic study to evaluate groundwater nitrate levels.

(1) A hydrogeologic study to evaluate groundwater nitrate levels shall be required for all new subdivisions or land developments that proposes use of on-lot sewage disposal systems where:

(a) Over three lots are created from the parent tract as it existed from the date of this chapter.

(b) A land development which will produce sewage in excess of two equivalent dwelling units (EDUs).

(2) Hydrogeologic studies shall at a minimum contain delineations of the following:

(a) Dispersion plume: volume of effluent and groundwater flowing away from treatment disposal site towards receiving waters.

(b) Mixing zone: portion of dispersion plume in which groundwater quality does not meet federal drinking water standards.

(c) Buffer zone: the groundwater surrounding the mixing zone, provided for containment and restoration activities should groundwater (which exceeds federal drinking water standards) leave the mixing zone.

(d) An evaluation of the existing and proposed nitrate loading of the groundwater.

(e) An estimate of the velocity and direction of groundwater movement.

(f) A map showing all lots and parcels within at least 1/4 mile of the proposed development.

(g) The location of all wells and parcels within at least 1/4 mile of the proposed development.

(h) An estimate of the area of potential contamination (above 10 ppm) that can be anticipated in the local aquifer.

(i) An examination of impacts on water uses in the local area. This shall include both existing and potential water uses.

(j) A review of specific geologic characteristics of the area proposed for subsurface disposal systems.

(k) An identification of existing and potential water supplies that will be affected by excessive nitrate-nitrogen levels. In addition, the study shall contain an evaluation of methods of preventing use of affected water for drinking purposes (exceeding 10 ppm).

(l) A determination of the minimum land area required, without consideration of any specialty treatment (i.e., denitrofication), to provide for adequate dilution/dispersion of nitrate-nitrogen within the groundwater system. This shall be used to determine the minimum lot size for the proposed subdivision or land development.

(3) The final content of hydrogeologic studies shall be determined following initial review by the Germany Township Engineer or groundwater hydrogeologist.

(4) "Equivalent dwelling unit (EDU)" as used herein shall mean a measure of wastewater effluent equivalent to that provided to a single residential establishment, which is 262.5 gallons per home (one EDU = 262.5 gallons per day).

C. Private and on site water systems.

(1) Where a water main supply system is within 1,000 feet of, or where plans approved by the Township provide for the installation of such public water facilities, the developer shall provide the development with a complete water main supply system to be connected to the existing or proposed water main supply system in accordance with the Township's requirements.

(2) If connection to a public water supply system is not possible, a report on the feasibility of constructing a private water supply system may be required by the Township and a report shall be submitted setting forth the findings.

(3) The plans for installation of a private water supply system shall be prepared by the land developer, and approved by the Pennsylvania Department of Environmental Protection and the Township. Upon completion of any water supply system, the plan for the system as built shall be filed with the Township.

(4) Where none of the above alternatives are possible or feasible, an individual water supply system shall be installed.

(a) The water supply yield shall be adequate for the type of development proposed.

(b) The installation of such systems shall not endanger or decrease groundwater supplies of adjacent properties.

(c) Any such individual system shall meet any applicable Pennsylvania Department of Environmental Protection regulations and/or Germany Township Regulations.

(5) Water supply feasibility study.

(a) If the water supply system proposed involves the utilization of water obtained from the tract being subdivided or developed, irrespective of whether that water is being distributed as a part of a private or individual water supply system, the Township will approve the proposed water supply system only when the feasibility study establishes and the engineer or geologist performing the study certifies that the groundwater recharge on the tract in question after development computed during drought conditions (periods where precipitation is 40% below normal) will exceed the anticipated water usage figures computed by using the figures of 3.5 persons per dwelling unit and average daily usage of 100 gallons per person per day, where residential use is contemplated and will exceed projected water usage figures, where nonresidential use is contemplated, and that the installation of the proposed systems will not lower the groundwater table in the area so as to endanger or decrease groundwater supplies available to other properties in the area of the subdivision or land development and such study is approved by the Township Engineer or Geologist.

(b) The water supply feasibility study shall be prepared, signed and sealed by a professional geologist or professional engineer qualified to conduct groundwater assessments in the Commonwealth of Pennsylvania.

(c) Prior to the start of the feasibility study, the scope of study must be submitted for approval to the Township's Geologist or Engineer. If the development or subdivision of the tract, as it existed as of the dated of this chapter, consists of over 15 residences or the development requiring over 5,000 gallon per day of water usage, test and monitoring wells will be required. The scope of study must include the location and number of test and monitoring wells.

(d) The water supply feasibility study shall include at a minimum, the following:

[1] Map well driller's records for wells within 1/4 mile of the proposed development, as well as all wells that withdraw over 10,000 GPD within one mile of the site.

[2] A geologic map of the area within a one mile radius of the site, at a scale of not less than one inch to 400 feet (one inch equals 400 feet), including the location of all faults, lineaments and fracture traces within 1/4 mile of the site.

[3] The locations of all existing and proposed on-site septic systems, sewer lines and potential sources of pollution or contamination within 1/4 mile of the site.

[4] Compare recharge to anticipated daily water usage for typical single-family dwelling [350 gallons per day (GPD)].

[5] The study shall contain pertinent data, analysis and methods used to arrive at the study's conclusions.

[6] The quality of the water produced by the test well(s) shall be tested to determine compliance with the water quality standards of the Pennsylvania Department of Environmental Protection.

D. Association or other organizations for operating and maintaining of the private systems.

(1) When private sewage treatment systems and/or water supply systems are installed by the developer an association or other organization must be established by the developer to operate and maintain the systems.

(2) Any and all legal documents involving in establishing this association or other organization must be submitted and approved by Germany Township prior to approval of the final plan.

§ 160-35 Fire hydrants.

Fire hydrants shall be provided as an integral part of any public or private water supply system.

A. Fire hydrants shall be installed if their water supply source is capable of serving them in accordance with the requirements of the local fire authority.

B. Fire hydrants shall be in accordance with specifications set forth by the National Fire Protection Association or as amended.

C. Fire hydrants shall be placed at intervals of not more than 600 feet or as specified by the Insurance Services Office of Pennsylvania.

§ 160-36 Stormwater drainage and stormwater management.

A. General.

(1) A stormwater management plan shall be submitted for all subdivisions and/or land developments unless deemed not necessary by the Township. The plan shall show all drainage within the area affecting the subject property, all existing and proposed drainage facilities and all grading proposed for the subject property, as well as the additional plan information required in this section and such other stormwater management ordinances adopted by the Township, and including the best management practices (BMPs) in current use in Pennsylvania.

(2) All land areas shall be graded to secure proper drainage away from buildings, on lot sewage disposal facilities, and the like, and to prevent the collection of stormwater in pools. Drainage provisions shall be of such design as to carry surface waters to the nearest practical natural drainage channel, storm sewer system detention basin or other drainage facilities. The landowner or developer shall construct and/or install such drainage structures, stormwater management facilities and/or pipes as are determined necessary by the Township to prevent soil erosion, damage and siltation and to satisfactorily carry off surface water and provide stormwater management. In the design of storm drainage facilities, special consideration must be given to preventing excess runoff onto adjacent developed or undeveloped properties. In no case may any slope exceed the normal angle of slippage of the material involved. All slopes must be protected against erosion. In no case may a change be made in the existing topography which would:

(a) Result in a slope of more than 10% within 20 feet of a property line; and

(b) Alter the existing drainage or topography in a way so as to adversely affect adjoining properties.

(3) Storm sewers, culverts, bridges and related drainage installations shall be provided to:

(a) Permit unimpeded flow of natural watercourses. Such flow may be redirected as required, subject to the approval of the Pennsylvania Department of Environmental Protection.

(b) Ensure adequate drainage of all low points as may be related to streets.

(c) Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained to prevent flow of stormwater across intersections and to prevent the flooding of intersections during the design storm.

(d) Ensure adequate and unimpeded flow of stormwater under driveways in, near or across natural watercourses or drainage swales. Properly sized pipes or other conduits shall be provided as necessary.

(e) Prevent excessive flow on or across streets, sidewalks, drives, parking areas and any other paved surface or accessway.

(f) Direct stormwater away from springs.

(g) Provide adequate drainage away from on-site sewage disposal systems.

(4) The stormwater management plan for each subdivision and/or land development shall take into account and provide for upstream areas within the entire watershed in computing discharge quantities, sizing of pipes, inlets and other structures. The runoff from any proposed development shall be subject to evaluation which includes the anticipated runoff from other existing or proposed developments within the same watershed. Stormwater management facilities designed to serve more than one property or development in the same watershed are encouraged, in which case consultation with the Township is required prior to design.

(5) All natural streams, channels, swales, drainage systems, and/or areas of concentration of surface water shall be maintained in their existing condition unless alteration is approved by the Township. In any event, all encroachment activities shall comply with the Pennsylvania Department of Environmental Protection Rules and Regulations.

(6) Man-made structures shall be kept to a minimum and bridges, culverts or rip-rap shall be constructed to maintain the natural characteristics of the stream and shall meet the approval of the Township.

(7) For the purpose of this subsection, streams and intermittent streams are defined as those watercourses on the USGS Quadrangle Maps of the area, and/or as determined as such pursuant to an on-site survey by the Township.

(8) Retention/detention basins shall be designed to utilize the natural contours of the land. When such design is impracticable, the construction of the basin shall utilize slopes as shallow as possible to blend the structures into the existing terrain.

(9) Any subdivision and/or land development within a flood hazard district shall comply with all of the provisions of Chapter 95, Floodplain Management, and the rules and regulations of the Pennsylvania Department of Environmental Protection.

(10) The Township may require that a landowner or developer provide reasonable corrective measures to alleviate an existing off-site drainage problem which may be affected by the proposed subdivision and/or land development. It shall be the responsibility of the landowner or developer to obtain all drainage easements in, over, or through other properties, and the Township, its agents, workmen, servants and employees shall be indemnified and held harmless from any liability.

(11) Any water originating from non-natural sources such as swimming pools, air-conditioning units, sump pumps, roof drains or other similar flow shall be properly discharged into natural watercourses on the property or connected to an existing or proposed stormwater management system as approved by the Township. Polluting matter from such sources may not be deposited into natural watercourses or storm drains.

(12) Any water originating from non-natural sources as referenced above shall not be discharged onto any street or other public right-of-way used for pedestrian or vehicular access.

(13) All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of the runoff without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except where other arrangements are approved by the Township. Grading shall not be done in such a way to divert water onto the property of another landowner without the expressed consent of the affected landowner.

(14) In addition to any other requirement of this chapter, the landowner or developer may be required to participate in correcting improvements in the drainage basin within which the proposed development is located. The specified off-site drainage improvements required shall be those specified by the Township to mitigate off-site impacts created by the proposed development.

B. Stormwater management plan.

(1) General requirements. If required, the stormwater management plan and report shall be submitted containing but not limited to the information below. The determination of the need for additional information shall be made by the Township after conducting a review of the following:

(a) A map depicting the total watershed. A USGS Quadrangle Map is suitable as the source for such a map. However, the watershed area must be highlighted or otherwise distinguished from other areas outside the watershed.

(b) Maps and drawings showing all existing and proposed drainage facilities affecting the subject property.

(c) A plan of the site, at a scale of no less than one inch equals 50 feet, prepared by a registered engineer or surveyor and including the following:

[1] All existing topographic features with a contour interval of at least two feet.

[2] Boundary survey information.

[3] Location and description of all vegetative and land cover characteristics.

[4] All existing utilities including stormwater pipes showing size, material and invert elevations.

[5] Soil types.

[6] All existing natural or man-made features.

[7] All proposed improvements, including, but not limited to, proposed buildings, driveways, stormwater drainage systems, sewage disposal systems, wells, stormwater management facilities, final grading contours and elevations, soil erosion and sedimentation control and procedures and the like.

[8] Profiles of all proposed sewers, including elevations, sizes, slopes and materials, at a scale of no less than one inch equals 50 feet horizontal and one inch equals five feet vertical.

[9] Staging of earthmoving activities and program of operation.

[10] Locations, dimensions and design details required for the construction of all facilities.

[11] All soil erosion and sedimentation control measures, temporary as well as permanent, in sufficient detail in order to clearly indicate effectiveness of the plan. The Adams County Conservation District must approve this plan.

[12] Project specifications relative to stormwater control.

[13] When major control facilities, such as detention/retention basins, are planned, soil structures and characteristics shall be investigated and analyzed. Plans and data shall be prepared and submitted by a licensed professional engineer or geologist with experience and education in soil mechanics. These submissions should consider and offer design solutions for frost heave potential, shrink-swell potential, soil settling characteristics, suitability of existing soils for placement of fill and backfilling procedures and soil treatment techniques as required to protect the improvements or structures.

(d) The design computations for the stormwater drainage systems, including storm drain pipes and inlets, runoff control measures, and culverts and drainage channels.

(e) A narrative report of the project stating the proposed engineering assumptions and calculations for control measures and facilities. The following information shall be included:

[1] General description of the project.

[2] General description of accelerated runoff control plan.

[3] General description of soil erosion and sedimentation control plan.

[4] Expected project time schedule, including anticipated start and completion dates.

[5] The stormwater characteristics of the project as related to its location within the watershed(s).

[6] On-site detention methods.

[7] Methodology and basis of design computations.

[8] Brief description of soils and their characteristics.

[9] The stormwater management plan shall comply with all other applicable sections of this chapter, Chapter 149, Stormwater Management, and any other Township ordinance.

C. Stormwater drainage plan.

(1) A plan showing all pre-development and post-development stormwater flow to and from basins. A plan showing all post-development flows to all inlets, headwalls, swales, channels and the like. The drainage areas and the design flow to each inlet or structure shall be delineated on a copy of the stormwater management plan where applicable.

(2) The following stormwater related items shall be included as part of the plan submission:

(a) Preliminary plan contents:

[1] The watershed and subarea in which the site is located as well as the corresponding release rate percentage, where applicable.

[2] Existing ground cover conditions.

[3] Definition of the existing drainage paths and drainage area boundaries.

[4] Definition of existing on or off-site drainage problems.

[5] Appropriate stormwater management criteria such as release rate percentage, direct discharge and downstream impact elevation.

[6] Layout of existing and proposed streets, buildings, approximate building dimensions, parking areas, walkways and other impervious areas.

[7] Configuration of the storm sewer and sanitary sewer system layouts, including plan and profile drawings.

[8] Location and layout of the stormwater management system with a description of its proposed design and operation.

[9] Existing and proposed drainage easements.

[10] Runoff calculations as set forth in the stormwater management plan. A minimum of 5,000 square feet of impervious area, for each individual residential lot, shall be used in calculation of the proposed stormwater, post development runoff.

[11] Ownership and maintenance provisions for all stormwater related facilities.

(b) Final plan contents:

[1] Data requirements as set forth for the preliminary plan.

[2] Final layout of existing and proposed streets and buildings, actual building dimensions, parking areas and other impervious areas.

[3] Exact location and layout of the stormwater management system with a detailed description of its proposed design and operation.

[4] Detailed surface water runoff calculations as set forth in this section.

D. Standards and criteria.

(1) Storm drainage system.

(a) Design flow rate.

[1] The storm sewer system shall be designed to carry a twenty-five-year peak flow rate without surcharging inlets. The peak flow rate into each inlet shall be indicated on the stormwater drainage plan. The design flow rate shall be determined by the rational formula,

Q = CIA

Where:
	Q	=	Peak runoff rate, cubic feet per second (CFS).
	C	=	Runoff coefficient equal to the ratio of the peak runoff rate to the average rate of rainfall over a time period equal to the time of concentration.
	I	=	Average rainfall intensity in inches per hour for a time equal to the time of concentration.
	A	=	Drainage area in acres.

[2] Appropriate values for the runoff coefficient and rainfall intensity shall be taken from the following source:

Commonwealth of Pennsylvania

Department of Transportation

Publication 584

PennDOT Drainage Manual

2010 Edition or the latest revision

(2) Storm sewer system design.

(a) The storm sewer system shall be designed to the more restrictive of the following: to collect stormwater at any point where three to five cubic feet per second is accumulated during the design storm; and/or inlets/manholes shall not be spaced more than 300 feet apart on pipe sizes up to 24 inches in diameter and not more than 400 feet apart on greater sizes.

(b) Inlets, manholes, grates, covers, frames, and the like shall conform to the Pennsylvania Department of Transportation Roadway Construction Standards and Form No. 408 specifications and all amendments, revisions or updates thereto.

[1] All inlets and manholes shall be precast concrete, unless approved otherwise by the Township.

[2] Catch basins or sump areas below inlet piping shall not be permitted.

(3) Bridge/culvert/channel design.

(a) Bridges and culverts shall have ample waterway to carry expected flows, based on a minimum storm frequency of 100 years or as required by the Pennsylvania Department of Environmental Protection (PADEP). Bridge and/or culvert design shall be in accordance with the Pennsylvania Department of Transportation and/or the Pennsylvania Department of Environmental Protection requirements. All culverts shall be provided with concrete end walls.

(b) All drainage channels shall be designed to carry a flow rate equal to a one-hundred-year, twenty-four-hour storm.

(c) All drainage channels shall be designed to prevent the erosion of the stream bed and stream bank areas. The flow velocity in all vegetated drainage channels shall not exceed the maximum permissible velocity to prevent soil erosion. Suitable bank stabilization shall be provided where required to prevent soil erosion of the drainage channels. Where storm sewers discharge into existing drainage channels at an angle greater than 30° from parallel with the downstream channel flow, the far side bank shall be stabilized by the use of rip-rap and masonry and/or concrete walls. The stabilization shall be designed to prevent soil erosion and frost heave under and behind the stabilizing media.

(d) Any vegetated drainage channel requiring mowing of the vegetation shall have a maximum slope of four horizontal to one vertical on those areas to be mowed.

(e) The design of all channels shall, as a minimum, conform to the design procedures outlined with the Pennsylvania Department of Transportation standards, Pennsylvania Best Management Practices Manual, and Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Program Manual.

(4) Overflow system. An overflow system shall be provided to carry flow to the detention basin when the capacity of the storm drain pipe system is exceeded. The overflow system shall have sufficient capacity to carry the difference between the one-hundred-year and the twenty-five-year peak flow rates.

(5) Inlet capacity.

(a) All inlets must be designed to accommodate the twenty-five-year peak flow rate. The capacity of Type C, M or S inlets shall be determined from the following source:

Commonwealth of Pennsylvania

Department of Transportation

Publication 584

PennDOT Drainage Manual

2010 Edition or the latest revision

(b) The capacity of each inlet shall be indicated on the stormwater management site plan narrative. All stormwater management plans shall indicate that inlet grates be installed in such a manner that the roadway stormwater will be directed into the inlet and away from the roadway. All inlets shall be designed to create a one inch sump condition below finished road surface unless approved otherwise by the Township. At curbed street/driveway intersections, inlets shall be placed on the tangent section and not in the curved portion of the curbing.

(6) Straight pipe sections. All storm sewers shall be designed to follow straight courses. No angular deflections of storm sewer pipe sections in excess of 5° shall be permitted. No vertical curves shall be permitted in the storm sewer system.

(7) Minimum grade and size. All storm sewer pipes shall be designed to maintain a minimum grade that will result in a full flow velocity of at least two feet per second. All storm sewer pipes shall have a minimum inside diameter of 15 inches.

(8) Pipe capacity. The capacity of all pipe culverts shall, as a minimum, provide the required carrying capacity to meet current Pennsylvania Department of Transportation standards and criteria. A fifteen-inch diameter pipe, or greater, shall be used where a driveway crosses a stormwater management facility.

(9) Pipe arches. Where headroom is restricted, equivalent pipe arches may be used in lieu of circular pipes.

(10) Pipe material and gauge thickness. All storm sewers shall be reinforced cement concrete, corrugated aluminum, corrugated galvanized steel pipe or smooth-wall corrugated polyethylene pipe. Storm sewers shall be of the proper class and thickness to support the above fill material. Pipe class and gauge or thickness shall be noted on the plans. All pipes shall conform to Pennsylvania Department of Transportation specifications.

(11) Allowable headwater depth. At all inlets or manholes, the maximum allowable headwater depth shall be one foot below the top of the inlet grate or the manhole.

(12) Horizontal pipe deflections. A manhole or inlet shall be provided at all horizontal deflections in the storm pipe system exceeding 5°.

(13) Minimum and maximum cover. In lawn areas, a minimum of 12 inches of cover shall be maintained over all storm drain pipes. Under streets, the top of storm drain pipes shall be a minimum of six inches below subgrade elevation. The maximum cover over storm drainpipes shall be 10 feet unless otherwise approved by the Township.

(14) Storm sewer system outlets. Storm sewer system outlet pipes shall extend to proposed stormwater management facilities, natural watercourses and the like. A concrete end wall shall be required on all storm sewer system inlet and outlet pipes. All storm/sewer outlets 24 inches in diameter or greater shall be equipped with a galvanized child-proof horizontal bar rack, bolted to the end wall.

(15) Roof drains. Stormwater roof drains shall not discharge water directly over a sidewalk, into any sanitary sewer line, or into a street or paved area.

(16) Drainage easements:

(a) All storm sewer easements through undedicated land shall be a minimum of 20 feet in width.

(b) Where a site is traversed by a watercourse, a drainage easement or right-of-way conforming substantially to the line of such watercourse and of such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance shall be created, as determined by the Township.

(c) Diversion of surface water runoff. All storm sewers and/or drainage swales shall be designed to carry such runoff into a detention basin or similar facility utilized to control the rate of runoff, unless approved otherwise by the Township.

(17) Runoff control measures.

(a) Runoff control. The rate and quantity of stormwater runoff from any proposed subdivision and/or land development shall not exceed the rate and quantity of runoff prior to development (i.e., zero increase runoff). This standard shall be maintained for all storms (i.e., both high-frequency and low-frequency).

(b) Runoff control devices. The increased runoff which may result from subdivisions and/or land developments shall be controlled by permanent runoff control measures that will provide the required runoff control specified above. All runoff control devices will be evaluated for their effectiveness to maintain the above mentioned standard for all storms with a return period of up to 100 years.

(c) Runoff capture volume requirements of Chapter 149, Stormwater Management, must be met. All runoff control measures will be designed to provide groundwater recharge when suitable subsurface conditions are present. Soils testing and certification by a registered professional engineer, geologist, soils scientist or the like shall be required when groundwater recharge systems are proposed.

(d) Water quality requirements Chapter 149, Stormwater Management, must be met.

(e) Detention basin versus other available methods. Detention basins are an acceptable technique for controlling the rate of runoff from a subdivision and/or land development. However, the use of other available runoff control measures can be employed as approved by the Township. Runoff control measures other than detention basins may include on-lot berms, on-lot or centralized seepage beds. All pertinent detention basin design standards shall be applicable to any such on-lot facilities.

(f) Regional detention basins. The use of regional detention basins to combine and eliminate numerous smaller basins is encouraged. Consultation with the Township is required prior to design of a regional detention basin.

E. Detention/retention basins.

(1) Detention basins shall be designed in accordance with the Soil Cover Complex Method and the procedures developed by the United States Department of Agriculture, Natural Resources Conservation Service, as outlined in their Technical Release No. 55, Urban Hydrology for Small Watersheds, with specific attention given to antecedent moisture conditions, flood routing and peak discharge and Hydrology National Engineering Handbook Section 4, or other methods as approved by the Township Engineer.

(2) Basin design criteria (NRCS).

(a) Basins shall be designed to safely convey the quantity of water resulting from a one-hundred-year, twenty-four-hour storm under full development conditions. Stormwater management calculations shall ensure that the pre-development discharge from the site is as follows:

[1] The emergency spillways from such facilities shall be designed based on a one-hundred-year storm. The time of concentration method shall be utilized in the development of the runoff hydrography and peak discharges. Storage-discharge curves shall be provided for all basins.

[2] All requirements of Chapter 149, Stormwater Management, are met.

(b) The following criteria shall apply in the calculation of stormwater runoff values:

[1] Meadow conditions shall be used as the basis for establishing the pre-development runoff values for all areas other than woodland, including areas which are presently covered by impervious surfaces, except as stated below.

[2] In the case of an expansion of an existing development, allow the exclusion of only existing impervious areas from the requirements of § 160-36E(2)(b)[1] above, provided that the existing development does not presently contribute to an existing drainage problem downstream upon the approval of the Township.

[3] A Type II distribution storm.

(3) Outlet control structures.

(a) All outlet control structures shall be constructed of concrete, properly anchored to prevent flotation and equipped with childproof, nonclogging removable trash racks overall design openings 12 inches or greater in diameter, except those openings designed to carry perennial stream flows.

(b) Temporary sedimentation controls shall be provided during construction to prevent the flow of sediment through the basin outlet pipe. Such measures may include temporary riser pipes, rock-filled gabions, plywood standboxes, silt fences and the like.

(4) Emergency spillways. Whenever possible, the emergency spillway for basins shall be constructed on undisturbed ground. Emergency spillways shall be constructed of reinforced concrete, concrete moundslabs or vegetated earth. All emergency spillways shall be constructed so that the basin berm is protected against soil erosion. The minimum capacity of the emergency spillway shall be designed to pass the one-hundred-year post-development flow. Emergency spillways shall extend along the upstream and downstream berm embankment slopes. The emergency spillway shall not discharge stormwater over earthen fill and/or easily erodible material without adequate protection against soil erosion.

(5) Freeboard. The minimum freeboard shall be one foot. (Freeboard is the difference between the design flow elevations in the emergency spillway and the top of the settled basin embankment.)

(6) Basin outlet pipes. Basin outlet pipes shall be equipped with watertight joints.

(7) Anti-seep collars. Anti-seep collars shall be installed around the principal pipe barrel within the normal saturation zone of the basin berms. The anti-seep collars and their connections to the pipe barrel shall be watertight. The anti-seep collars shall be designed in accordance with USDA NRCS criteria. Design calculations for anti-seep collars must be submitted with the basin calculations.

(8) Basin outlets. Energy dissipating devices (concrete aprons and the like) shall be placed at all basin outlets. Concrete end walls shall be placed at all basin outlets. All basin outlet pipes 12 inches in diameter or greater shall be equipped with childproof devices to deter entry by pedestrians or animals. Design calculations for proposed energy dissipaters must be submitted with basin calculations.

(9) If the flow from a detention facility would otherwise damage or interfere with the agricultural or residential use of a property over which it would flow, it shall be piped to a stream; provided, however, this provision shall not apply if the owner of the property which would be adversely affected by the flow refuses to grant the developer a right-of-way to pipe the flow from the detention facility underground at a sufficient depth so as not to interfere with agricultural use without damage to growing crops and trees and provided further the pipeline shall be located so as to minimize such surface damage.

(10) Slope of detention basin embankment.

(a) The maximum slope of earthen basin embankments shall be four to one. The top or toe of any slope shall be located a minimum of 15 feet from adjacent property lines with the exception of the downstream property line where the toe of the embankment shall be placed a sufficient distance to allow for energy dissipating devices but in no case less than 40 feet unless approved otherwise by the Township.

(b) Whenever possible, the side slopes and basin shape shall blend with the natural topography. Straight side slopes and rectangular basins shall be avoided whenever possible.

(11) Width of berm. The minimum top width of detention basin berms shall be six feet.

(12) Construction specifications. The plans shall indicate the construction specifications and compaction requirements for all detention/retention basins.

(13) Slope of basin bottom. In order to ensure proper drainage of detention basins, a minimum grade of 2% shall be maintained for all basins.

(14) Cut-off trench. A cut-off trench shall be excavated along the center line of dam on earth fill embankments. The minimum depth shall be three feet. The minimum bottom width shall be 10 feet or wide enough to permit operation of compaction equipment. The side slopes shall be no steeper than 1:1. The trench shall be kept free from standing water during the backfilling operations.

(15) Grading and landscaping of basins, cuts and fills. No excavation or fill shall be made with a cut and fill slope steeper than four feet horizontal to one foot vertical. A written statement shall be required from a civil engineer licensed by the Commonwealth of Pennsylvania having experience in soils engineering certifying that the site has been inspected and that any proposed deviation from the slope specified above should not endanger any property or result in personal injury. Retaining walls will be required if a stable slope cannot be maintained. Any retaining wall design must be designed by an experienced structural engineer licensed by the Commonwealth of Pennsylvania. The toe of any cut or fill slope must be located a minimum of 15 feet from adjacent property lines with the exception stated in § 160-36E(10)A above.

(16) Landscaping.

(a) A minimum of four inches of topsoil shall be placed on all areas affected by the basin construction (bottom of basin, side slopes, top of berm and the like).

(b) All earthen basins shall be seeded with a standard seed mix containing temporary and permanent grasses capable of providing a minimum uniform 70% perennial ground cover or other approved ground covers within seven days after final grading. Application rate shall be in accordance with the seed supplier's guidelines and recommendations.

(c) Fencing may be required around detention/retention basins where the Township determines that circumstances warrant the fencing.

(d) All detention/retention basins shall be landscaped.

(17) Permanent pond.

(a) A five-foot wide bench sloping at 4% shall be provided for all detention/retention basins designed to contain a permanent pond of water. The toe of the bench shall begin at the permanent water surface elevation. Alternate designs may be submitted for review by the Township.

(b) When a permanent pond is proposed, a report of a certified geotechnical specialist must be provided certifying that the water will not become stagnant. The basin side slopes below the water line must not exceed 4:1.

(18) Positive drainage. Detention basins, not intended as permanent facilities, must be designed to eliminate standing water or swampy conditions after the basin has drained. This must be accomplished either by the installation of stone-trenched underdrains or by providing a minimum basin bottom slope of 2% to the basin outlet. Other arrangements may be presented for review and approval by the Township. Normally dry, open-top storage facilities, designed as such, shall completely drain both the volume control and rate control capacities over a period of time not less than 24 hours and not more than 72 hours from the end of the design storm. However, any designed infiltration volume at such facilities is exempt from the minimum twenty-four-hour standard, i.e., may infiltrate in a shorter period of times, so long as none of the stormwater intended for infiltration is discharged into the surface waters of the commonwealth.

(19) Subsurface infiltration/disposal/retention basin systems. The following procedures and materials shall be required for all subsurface stormwater management facilities:

(a) Prior to starting any excavation for subsurface facilities, the contractor must notify the Township's Engineer 48 hours in advance for inspection of said facilities. Inspection is required for all subsurface stormwater management facilities at time of installation and prior to backfilling.

(b) Excavation for all subsurface facilities shall be performed in a manner that will minimize compaction of the subsurface facility floor and surrounding areas as well as minimize smearing of the sidewalls of the subsurface facility.

(c) The floor and sidewalls of the subsurface stormwater management facility shall be roughened prior to placement of the geofabric and aggregate.

(d) Only clean, open graded aggregate, free of fines, shall be used in subsurface stormwater management facilities.

(e) The top, sides, and floor of all subsurface stormwater management facilities shall be covered with a drainage filtration fabric which meets the requirements of the Pennsylvania Department of Transportation Publication 408 for Class I Geofabrics.

(f) All pipes leading into subsurface stormwater management facilities shall be equipped with screening or water quality devices to prevent debris from entering the system.

(g) The floor of all subsurface stormwater management facilities shall be located a minimum of 12 inches above the seasonal high water table or bedrock limiting zone as established by a soil test pit and site specific soil profile. Depths of less than 12 inches above the limit zone will only be allowed where it is certified by a registered professional engineer, geologist, or hydrogeologist that the proposed facility will not create an environmental hazard.

(h) For all subsurface stormwater management facilities that propose to use infiltration as a means to manage stormwater runoff, infiltration testing must be performed at the same elevation of the invert of the proposed facility to determine a design infiltration rate and dewatering time for the proposed facility. The proposed facility dewatering time must be in accordance with § 160-36E(18).

(i) Inspection points, cleanouts, and overflow facilities shall be provided for all subsurface stormwater management facilities. All inspection points and cleanouts must be located in a configuration that will allow for cleaning and maintenance of the entire subsurface facility.

(j) Detailed maintenance instructions and instructions and a proposed maintenance schedule must be provided on the plan drawings and provided to the property owner prior to plan approval.

(k) All subsurface stormwater management facilities must be located a minimum of 100 feet from any water well, 50 feet from any septic system absorption area, 15 feet from any building foundation, 15 feet from any property line providing that documentation is provided to show that all setbacks from wells, foundations and septic absorption areas on neighboring properties will be met.

F. Approvals from regulating agencies.

(1) All requirements of the Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection and/or the Adams County Conservation District, with regard to storm drainage and stormwater management, shall be followed, and evidence of approvals by those agencies shall be submitted to the Township if required.

G. Inspections.

(1) All earthwork and material shall be subject to inspection for conformity with the terms of this section.

(2) During inspections, if it is found that the soil or other conditions are not as stated or shown in the application and approved plans, the Township may refuse to approve further work and revoke any or all permits and/or agreements until approval is obtained for a revised plan conforming to existing conditions.

(3) If, at any stage of the work, the Township shall determine by inspection that the nature of the work is such that further work as authorized by an existing permit is likely to endanger property or streets or create hazardous conditions, the Township may require as a condition to allowing the work to be done that such reasonable safety precautions be taken as the Township considers advisable to avoid such likelihood of danger.

(4) No person shall interfere with or obstruct the ingress or egress to or from any such site or premises by an authorized representative or agent of the Township of Germany engaged in the inspection of work for compliance with the approved plans.

(5) An as-built stormwater management facilities plan must be provided to the Township.

H. Maintenance and responsibilities.

(1) Stormwater management facilities.

(a) Developer responsibilities.

[1] All stormwater management facilities, including detention and retention basins designed and constructed for the purposes specified under this chapter, shall be maintained in proper working order in accordance with the plans filed and approved by the Township and in accordance with any deed restrictions, agreements or notes on the plans. The developer must make adequate provisions for the perpetual maintenance of all stormwater management facilities proposed by the subdivision or land development plan.

[2] The developer shall, in addition, provide for an easement enabling the Township to perform emergency maintenance in the event that the property owner should fail to do so and shall establish a procedure whereby the Township shall be able to assess the cost of such emergency maintenance upon the owner of the land where the detention basin or other stormwater management facility is located by the filing of a municipal lien.

(b) In order to ensure proper maintenance and function of stormwater management facilities, the Township or its designee may perform inspections.

(c) If, at any time, the Township or its designee discovers any violation or condition not conforming with the designs and plans filed with the Township in regard to the operation of a stormwater management facility, it shall notify the responsible owners of the violation, informing them of the nature of such violation and the manner in which it can be corrected.

(d) Under no circumstances shall any person be allowed to remove any previously approved stormwater management facility unless an approved alternate facility is approved by the Township.

(e) Under no circumstances shall any person be allowed to modify, alter or change a previously approved stormwater management facility unless approved by the Township.

(f) In the event that the landowner, developer or homeowners' association, as the case may be, shall refuse or neglect to comply with the provisions of this section as interpreted by the Township, the Township may direct the work to correct any violation or noncompliance with the terms of this chapter and all other ordinances and codes of the Township of Germany and institute action for payment of costs incurred.

(2) Storm drainage system and watercourses.

(a) Maintenance of all drainage facilities and watercourses within any subdivision and/or land development is the responsibility of the landowner or developer until and unless they are accepted by the Township.

(b) It is the responsibility of any landowner or developer doing any act on or across a watercourse or swale or upon the floodplain or right-of-way thereof to maintain as nearly as possible in its present state, the stream, watercourse, swale, floodplain or right-of-way for the duration of the construction activity and to return it to its original or equal condition after such activity is completed.

(c) Maintenance of drainage facilities or watercourses originating on private property is the responsibility of the owner to their point of open discharge at the property line or at a watercourse within the property.

(d) No landowner or developer shall block, impede the flow of, alter, construct any structure, or deposit any material or commit any act which will affect normal or flood flow in any watercourse without having obtained prior approval from the Township and the Pennsylvania Department of Environmental Protection.

§ 160-37 Erosion and sedimentation.

All development applications which involve grading or excavation shall conform to the requirements of the rules and regulations of the Pennsylvania Department of Environmental Protection and/or the Adams County Conservation District pertaining to erosion and sedimentation. It shall be the responsibility of the applicant to secure approval of the Department of Environmental Protection and/or the Adams County Conservation District. Approval of plans by the Township shall not be construed as approval under such regulations.

§ 160-38 Floodplain.

All land development within identified floodplain areas in Germany Township shall comply with Chapter 95, Floodplain Management, of the Code of the Township of Germany.

§ 160-39 Underground utility lines.

Electric, telephone, and all other utility facilities shall be installed underground and shall be floodproofed up to the regulatory flood elevation. The developer shall be required to obtain a letter from the appropriate utility company confirming that the developer has entered into an agreement to provide for an underground electric and telephone system in accordance with the Pennsylvania Public Utility Commission, or has obtained a waiver from said Pennsylvania Public Utility Commission to allow overhead electric and telephone facilities.

§ 160-40 Petroleum lines.

When any petroleum or petroleum products transmission line traverses a land development, the developer shall confer with the applicable transmission or distributing company to determine the minimum distance which shall be required between each dwelling unit and the center line of such petroleum or petroleum products transmission line.

§ 160-41 Natural gas lines.

The minimum distance from a natural gas line to a dwelling unit shall be as required by the applicable transmission or distributing company, or as shall be required by the Department of Transportation under the Natural Gas Pipeline Safety Act of 1968, as amended, whichever is greater.

§ 160-42 Dedication of lands; payment of fees.

[Amended 1-3-2017 by Ord. No. 51]

A. Purpose. The purpose of this section is to implement the Germany Township Comprehensive Outdoor Recreation Plan of 2016, as specifically enabled by Section 503(11) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.

B. General requirement. This section applies to residential subdivision and/or land development proposals that would result in the development of one or more dwelling units. The provisions of this section shall not apply to any plan application, whether preliminary or final, pending at the time of enactment of this section.

C. Land dedication. Applicants subject to the requirements of this section shall dedicate to the Township land suitable for park and recreation use. The amount of land to be dedicated shall be 0.028 acres for every dwelling unit, as may be amended by resolution of the Board of Supervisors from time to time. Land to be dedicated shall be identified on the preliminary plan and final plan submission where both preliminary plan and final plan submission is required. Where only final plan submission is required, the land to be dedicated shall be depicted on the final plan submission.

D. Quality of land to be dedicated. The land to be dedicated to the Township for parks and recreation purposes shall be suitable for the provision of parks and recreation facilities. The dedicated land shall comply with the following requirements.

(1) The dedicated land shall not be located within any floodway.

(2) No more than 10% of the dedicated land may include designated wetlands or hydric soils.

(3) No more than 20% of the dedicated land may include slopes exceeding 8%.

(4) The dedicated land shall not include any existing or proposed infrastructure facilities including, but not limited to, stormwater management facilities, pump stations, utility or transmission line rights-of-way, or roads.

(5) The dedicated land shall not include any area with confirmed or suspected environmental hazards, or other areas that may pose a health or safety concern.

(6) The dedicated land shall not include land that contributes to any required setback, buffer, or other protection area that may be required by this section or any other Township ordinance.

(7) The dedicated land shall meet the lot requirements of § 160-27. However, the dedication of land oriented in a flag or panhandle lot configuration shall not be authorized.

(8) The dedicated land shall be located in a manner that furthers goals and objectives found in applicable state, county, regional, and adjoining municipal parks and open space planning, specifically to encourage the development of a regional parks, recreation, and open space network.

E. Quantity of land to be dedicated. Any land to be dedicated to the Township for parks and recreation purposes shall be a minimum of one acre in size, not including any designated wetlands, hydric soils, or slopes exceeding 8%.

F. Improvement of land to be dedicated. Where parks and recreation land dedication is proposed, the land to be dedicated shall be improved in accordance with the following.

(1) Recreation facilities shall address recreation facility deficits as identified in the Germany Township Comprehensive Outdoor Recreation Plan, as adopted or amended. The applicant shall provide recreation facilities in accordance with the following table.

Dwelling Units	Total Number of Recreation Facilities
24 or fewer	1
25 to 49	2
50 to 75	3
76 to 99	4
100 to 199	5
200 to 299	6
300 to 399	7
400 or more	8, plus 1 additional facility for every 150 additional dwelling units beyond 400

Recreation facilities shall include, but are not limited to, trails, playground areas, basketball courts, volleyball courts, tennis courts, softball and/or baseball fields, soccer and/or football fields, and pavilions. The mix of recreation facilities shall be determined and approved by the Township Supervisors.

(2) Recreation facilities shall be provided with safe and convenient access by pedestrian, bicycle, and automobile modes of transportation. The site shall be provided with appropriate means to allow for maintenance and/or emergency vehicle access. Where new recreation facilities are located adjacent to existing recreation facilities or other sites where the provision of recreation or open space facilities is likely in the future, a system of pedestrian/bicycle trails shall be provided to allow safe and convenient movement from one site to another.

(3) Recreation facilities shall not be divided by either public or private streets.

(4) Recreation facilities shall be suitably landscaped either by retaining existing vegetation and wooded areas and/or by a landscaping plan designed to enhance the facilities through the installation of plantings which are consistent with the purposes of this section.

(5) Recreation facilities shall be conveniently accessible to the general public to improve the utility of the facilities and to promote use of the facilities by the residents. The recreation facilities shall also be located in a manner that respects the privacy needs of those existing or future residents who adjoin the site.

(6) The construction of required recreation facilities shall be bonded in accordance with applicable posting of financial security requirements of this section.

G. Payment of recreation fee in lieu of land dedication. In lieu of dedicating park and recreation land to the Township, an applicant may choose to pay a recreation fee to the Township. The amount of the recreation fee shall be $950 per dwelling, as may be amended by resolution of the Board of Supervisors from time to time. The payment of recreation fees in lieu of land dedication shall meet the following requirements.

[Amended 4-10-2023 by Ord. No. 62]

(1) The Township shall administer the collected fees in accordance with the requirements set forth in Section 503(11) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.

(2) The applicant shall pay the required recreation fees prior to the approval and signature by the Township Supervisors of the final plan. Where a residential subdivision or land development plan is approved in phases, the applicant shall pay the required recreation fees prior to the approval and signature of each phase.

H. Combination of land dedication and payment of recreation fees. Nothing herein shall prevent an applicant from proposing a combination of park and recreation land dedication and payment of recreation fees to satisfy the requirements of this section. Where proposed, the combination of land dedication and payment of recreation fees shall meet the following requirements.

(1) The combination of land dedication and payment of recreation fees shall result in an equivalent amount of park and recreation land provided for Township residents when compared to the amount of park and recreation land provided by the utilization of either the land dedication or the payment of recreation fees provision.

(2) The amount of land to be dedicated shall continue to be of sufficient size to provide for necessary parks and recreation facilities or shall be combined with land already dedicated to the Township for parks and recreation use on an adjoining parcel.

(3) The Township Supervisors shall determine, at their discretion, whether a proposed combination of land dedication and payment of recreation fees shall be approved.

§ 160-43 Water areas.

In a development abutting a lake, river, or other significant water body, the Board of Supervisors, upon consultation with the Planning Commission, may request the dedication or reservation of:

A. Any title to the water body the developer may possess beyond the wharf or dock line for public use.

B. Up to 20% of the land abutting the shore for public use.

C. Irrespective of Subsections A and B above, the Township is in no way obligated to accept such dedication.

§ 160-44 Reservations.

On sites reserved for eventual public acquisition as shown on the Township's Official Map, no building development is permitted during the period of reservation. Said period of time not to extend more than 12 months without consent of the developer. Such reservations shall be noted on the final plan.

§ 160-45 Completion of improvements or guarantee thereof; prerequisite to final plan approval.

A. No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements required by this chapter have been installed in accordance herewith. In lieu of the completion of any improvements required as a condition for the final approval of a plan, the Supervisors shall require, for deposit with the Township, financial security acceptable to the Supervisors in an amount sufficient to cover the costs of any improvements or common amenities, including, but not limited to, roads, stormwater detention and/or retention basins and other related stormwater management and drainage facilities, recreational facilities, open space improvements, or buffer or landscaping plantings which may be required.

B. Without limitation as to other types of financial security which the Township may approve, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for purposes of this subsection. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth. Such bond, or other security, shall provide for, and secure to the public, the completion of the improvements. In the case where the development is projected over a period of years, the Supervisors may authorize submission of the final plans by section or phase of the development subject to such requirements of guarantees as it finds essential for the protection of the final approved section of the development.

C. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration or the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with the subsection.

D. The amount of financial security required shall be based upon an estimate of the cost of the completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the service of such engineer shall be paid equally by the municipality and the applicant or developer.

E. In the event a corporate bond or other financial security has been offered in lieu of completion of improvements for final plan approval, the developer shall construct and maintain a passable roadway, along with any other improvements required for lots which are occupied prior to acceptance of the roadway and/or other improvements by the Township. Such maintenance shall continue for the entire bonded period.

F. If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting the financial security or to an amount not exceeding 110% of the cost of completing the required improvements as re-established on or about the expiration of the preceding one-year period by using the above bidding procedure.

G. As the work of installing required improvements proceeds, the developer who has posted the financial security may request the governing body to release or authorize the release from time to time such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such request shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer or other designated inspector to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Township shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer or inspector fairly representing the value of the improvements completed. The Township may, prior to final release at the time of completion of said improvements and certification by its engineer or inspector, require the retention of 10% of the estimated cost of said improvements.

H. Where the Board of Supervisors accepts the dedication of all or some of the required improvements following completion, the Supervisors may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan and in any related agreements for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required above with regard to installation of said improvements and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

§ 160-46 Release from improvement bond.

A. When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Supervisors in writing, by certified mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Supervisors, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after the receipt by the Township Engineer of the aforesaid authorization by the Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

B. The Supervisors shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing by certified or registered mail, of the action of the Supervisors with relation thereto.

C. If the Supervisors or Township Engineer fails to comply with the time limit contained herein, all improvements shall be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

D. If any portion of the said improvements shall not be approved or shall be rejected by the Supervisors, the developer shall proceed to complete the same and upon completion, the same procedure of notification, as outlined in this chapter, shall be followed.

E. Nothing in this chapter, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of the Supervisors or the Township Engineer.

F. Where reference is made in this chapter to Township Engineer, he shall be a duly registered professional engineer employed by the Township or engaged as a consultant to the Township.

§ 160-47 Remedies to effect completion.

In the event that any improvements which are required have not been installed as provided in this chapter or in accord with the approved final plan, the Township is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by such security, the Township may, as its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose.

§ 160-48 Dedication of improvements.

Upon installation by the developer and subsequent inspection by the Township Engineer, the developer shall take final steps to dedicate the improvements and have them accepted by the Township. The recording of the final plan, following approval by the Board of Supervisors, has the effect of an irrevocable offer to dedicate all streets and other public ways and areas to public use. The offer, however, does not impose any duty whatsoever on the Township to accept dedication of any improvements to the Township concerning maintenance or improvements until the proper authorities of the Township have made actual acceptance, either by ordinance or resolution.

§ 160-49 Development improvements agreement.

All applicants proposing any subdivision and/or land development requiring the installation of improvements as required by this chapter shall, prior to final plan approval by the Board of Supervisors, and if so directed, enter into a legally binding development agreement with the Township whereby the developer guarantees the installation of the required improvements in accord with the approved plan and all applicable Township requirements.

A. Contents. The development agreement shall be in a form acceptable to the Board of Supervisors. It shall provide for all matters determined necessary by the Board of Supervisors, including, but shall not be limited to, the following, as applicable:

(1) The construction of all facilities authorized by the approved plans (streets, drainage, etc.) in itemized format.

(2) Installation of markers and monuments.

(3) Installation of all public utility lines.

(4) Prevention of erosion, sedimentation and water damage to the subject, adjacent and downstream properties.

(5) Developer's responsibility for any damages to adjacent or neighboring properties.

(6) A work schedule setting forth the beginning and ending dates and such other details as the Township deems fit and appropriate, for improvements contained herein, including the timing of the development of any proposed sections.

(7) The estimated cost of the improvements not yet completed, including the amount of performance guarantee.

(8) Security as set forth in § 160-45 herein to insure the installation of the required improvements, and provisions for the administration of the same.

(9) Security in the form of a maintenance guarantee approved by the Board of Supervisors for the repair or reconstruction of improvements which are found by the Township Engineer to be defective within 18 months from the date of formal acceptance of any dedication of the said improvements, together with provisions for disbursement thereof.

(10) A set of reproducible AS BUILT plans prepared by and certified to by a registered professional engineer, registered landscape architect or registered professional surveyor of all roadways and streets, bridges, drainage systems, sewage collection and treatment systems and water distribution systems and all other improvements.

(11) A clear statement of when the developer responsibility for any development open space, improvements and facilities ends, and the succession of ownership, operation and maintenance of all open space, improvements and facilities, and the transfer of any operation and maintenance funds required by this chapter to homeowner's association or other successors of ownership.

(12) Public liability insurance for the duration of improvement's construction. A copy of the said policy or other evidence of coverage shall be submitted to the Board of Supervisors.

(13) An indemnification and hold harmless clause to protect the Township from any and all liability.

(14) The developer's responsibility for all reasonable engineering and consulting costs and expenses for inspection, consultations and preparation of agreements, to the extent such costs and expenses exceed the monies paid by the developer in accordance with the standard fee schedules.

(15) Provisions for changing the approved final plan, supporting plans, profiles, data, specifications and related documents.

(16) Provisions for violations of the development agreement and enforcement remedies.

(17) Provisions for severability of any article.

(18) Provisions for any additional agreements deemed necessary.

B. Execution. The final plan shall not be approved by the Board of Supervisors prior to the execution of this agreement, if so required.

§ 160-50 Landscaping.

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

DECIDUOUS PLANT

A woody perennial which loses its foliage at the end of each growing season.

DENSE SCREEN

A series of vegetative plantings which provides essentially an opaque screen.

DRIP LINE

An imaginary ground line around a tree that defines the limits of the tree canopy.

FOUNDATION AREA

The ground area immediately adjacent to a building on all sides thereof. Foundation areas extend a minimum of four feet in all directions from the foundation of the building.

GROUND COVER

A low perennial, can be flowering (excluding annuals and turf grasses) with a mature height of between three inches and 18 inches.

ISLAND

In parking area design, a raised planting area, either terminal or landscape divider strip, usually curbed, and placed to guide traffic, separate lanes, limit paving (impervious surface), preserve existing vegetation, and provide space for landscaping which helps to screen and shade parking lots for the purpose of minimizing heat gain.

LANDSCAPE PLAN

The preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural features such as plantings, ground, and water forms, circulation, walks, and other structural features.

LANDSCAPING

Defined as any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, or grass; natural features such as rock, stone, bark chips, or shavings; and structural features, including, but not limited to, fountains, reflecting pools, outdoor art work, screen walls, fences, or benches.

PARKING AREA

That area within an off-street parking lot which includes any paved surface within 10 feet of a parking space.

PLANTING UNIT (PU)

A unit of measure used to determine the quantity of plantings required in a residential, commercial, industrial, or other development project. For the purposes of this chapter, one planting unit (PU) equals one major deciduous tree, two minor deciduous trees, two evergreen trees, five shrubs, or 500 square feet of ground cover.

REGISTERED LANDSCAPE ARCHITECT

A person who holds a license to practice landscape architecture as defined in and in accordance with Pennsylvania and/or Maryland state law.

SCREENING

A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation or a combination thereof.

SHRUB

A multi-stemmed woody plant differing from a tree by its low stature and habit in branching from the base.

TREE CALIPER

The thickness of a tree trunk as measured six inches above the natural ground level at the base of the trunk, for trees up to four inches in caliper. For trees above four inches in caliper, the thickness of the trunk should be measured 12 inches above the natural ground level at the base of the trunk.

TREE PROTECTION ZONE

The area around a tree corresponding to the drip line of the tree canopy or 10 feet in all directions from the trunk.

TREE, EVERGREEN

Any self-supporting woody plant with one well-defined trunk, a conical shape and needle-like or scale-like foliage retained year-round which attains a height of at least 25 feet at maturity, with a five foot minimum height at time of planting. See Subsections F and G for lists of permitted and non-permitted trees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

TREE, MAJOR DECIDUOUS

An overstory/canopy tree with a minimum mature height of over 30 feet and a minimum caliper at the time of planting of 1 1/2 inches caliper and a minimum height of five feet. See Subsections F and G for the lists of permitted and non-permitted trees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

TREE, MINOR DECIDUOUS

An understory or small tree type that typically will attain a mature height of at least 10 feet but generally not over 30 feet and a minimum caliper at the time of planting of one inch. See Subsections F and G for lists of permitted and non-permitted trees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Landscape plans.

(1) Purpose. It is the purpose of this subsection to establish minimum standards for the provision, installation and maintenance of landscape plantings in order to protect the health, safety and welfare of the community. Furthermore, it is the intent of this subsection to:

(a) Improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including, but not limited to, the improvement of air quality, the maintenance of areas essential for stormwater management and aquifer recharge and reducing air, noise, heat and chemical pollution.

(b) Provide direct and important physical and psychological benefits through the use of landscaping to reduce noise and glare and to soften the harsher aspects of development.

(c) Preserve existing natural vegetation and incorporate native plants and plant communities into landscape design.

(d) Establish procedures and standards for the administration and enforcement of the landscaping requirements of this chapter.

(2) Content. When a landscape plan is required as part of the subdivision and land development process, the landscape plan shall provide the following:

(a) Be prepared and stamped by a landscape architect registered in the state of Pennsylvania or Maryland or someone who can demonstrate a knowledge of landscape design and horticulture which is adequate for the project's size and scope as determined by the Township.

(b) Be drawn at a minimum scale of one inch to 50 feet and include appropriate dimensions and distances. The Township may require larger scale plans if needed to adequately show landscape detail.

(c) Show the location of existing boundary lines and dimensions of the tract, existing and proposed streets, access drives and parking areas, and proposed land usage.

(d) The location of existing and proposed utility easements on or adjacent to the tract, including the location of overhead power lines.

(e) The location and species of existing trees having a minimum caliper of four inches. Designate trees with a graphic symbol depicting the trunk caliper and current plant spread. Large grouping of trees can be designated showing the tree grouping outer edge of tree trunks and the outer edge of the canopy or drip line, with a general description of predominant tree types, size, quantity and health.

(f) The location, sizes and type of proposed and preserved landscaping and the size of the proposed landscape area. Botanical nomenclature as well as common names must be included. Ground cover types and shrub masses shown using limits of the planting mass. Designate location of proposed trees with a graphic symbol depicting mature plant spread.

(g) The description of the methods that shall be used to protect existing trees from damage during construction.

(h) Show all required clear sight triangles for road and driveway intersections.

(i) Provide planting specifications that include the § 160-50D, Installation standards, and § 160-50E, Maintenance requirements, that are applicable to the landscaping proposals shown on the plan. Additional applicable standards and requirements should be included where needed and not conflicting with SALDO requirements.

(j) Include a table clearly displaying the relevant information necessary for the Board of Supervisors to evaluate compliance with the provisions of this chapter. Such a table shall include gross acreage, acreage of preservation areas, quantity and size of proposed and preserved plant materials, calculation showing plant units required and plant units provided, and other such information as the Board of Supervisors may require.

C. Requirements for land developments. All subdivisions and land developments shall adhere to the following landscaping standards.

(1) Quantity of landscaping. The following quantities of landscaping shall be provided.

(a) Single-family detached and single-family semidetached developments.

[1] For developments with an average lot width of 150 feet or greater, one major deciduous tree shall be required for every 80 feet of road frontage along both sides of all streets within the development.

[2] For developments with an average lot width of less than 150 feet, one major deciduous tree shall be required for every 50 feet of road frontage along both sides of all streets within the development.

(b) Attached residential development. Single-family attached (townhouse), multifamily developments and mobile home parks, as well as developments with a mixture of dwelling unit types, shall comply with the following quantity requirements.

[1] General standard. A minimum of two planting units for every dwelling unit shall be provided.

[2] Street trees. In addition to the general standard, the following quantity of street trees shall be provided.

[a] One major deciduous tree shall be required for every 20 feet of street center line of streets interior to the development.

[b] One major deciduous tree shall be required for every 40 feet of street center line of streets adjacent to the development.

(c) Nonresidential development. Nonresidential developments shall comply with the following quantity requirements.

[1] General standard. A minimum of two planting units for every 1,000 square feet, or fraction thereof, of building coverage shall be provided.

[2] Street trees. In addition to the general standard, the following quantity of street trees shall be provided.

[a] One major deciduous tree shall be required for every 20 feet of street center line of streets interior to the development.

[b] One major deciduous tree shall be required for every 40 feet of street center line of streets adjacent to the development.

(d) Parking lot planting. In addition to the above quantity standards, the following quantities of landscaping are required for off-street parking lots associated with any type of development.

[1] Terminal islands. One major deciduous tree shall be provided in every terminal island.

[2] Divider strips. One major deciduous tree and four shrubs shall be provided in every forty-foot interval within the landscaped divider strip.

[3] Parking lot perimeter. One major deciduous tree shall be provided for every thirty-foot interval around the perimeter of a parking lot, except where the parking lot is bounded by a principal structure. Where the parking lot perimeter planting can also serve as the required buffering and screening, § 160-50C(2)(c), along the site boundary, the § 160-50C(2)(c)[1][c] and [e] evergreen and shrubs options can be utilized in addition to this requirement of one major tree every 30 feet.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[4] See § 160-50C(2)(c), Buffering and screening, for additional buffering requirements.

(e) Credit for existing vegetation. Within any development type, credit for up to 50% of the minimum landscaping quantity requirements of § 160-50C(1)(a) through (d) may be applied in return for retaining existing major deciduous trees on the development site, provided that the following conditions apply.

[1] The major deciduous trees are in good health.

[2] The major deciduous trees are located within 25 feet of at least one dwelling unit or a nonresidential use (as may be applicable) or are located where planting units are required in accordance with § 160-50C(2) below.

[3] The applicant agrees to replace any major deciduous tree which contributed to the minimum quantity of landscaping required by §§ 160-50C(1)(a) through (d) with another major deciduous tree if it should die or become significantly unhealthy, in the opinion of a horticulturist or comparable landscaping professional, within two years of the completion of the development.

(f) Additional plantings to meet design requirements. The planting quantity requirements of §§ 160-50C(1)(a) through (e) shall be considered as minimum planting requirements for proposed development. Where additional plantings are required to meet specific planting placement or arrangement requirements of § 160-50C(2) below, such additional plantings shall be provided.

(2) Additional landscape design and planting quantity requirements. All landscaping plans shall comply with the following design requirements.

(a) Street trees. Where street trees are required, said street trees shall be located in accordance with the following requirements.

[1] For all streets with curbs and sidewalks, street trees shall be placed between the curb and the sidewalk. A planting strip of no less than six feet shall be provided between the curb and the sidewalk, and the required street trees shall be placed in the middle of the planting strip.

[2] For all streets with curbs but no sidewalks, street trees shall be placed a minimum of three feet from the curb. However, the street trees shall be located in a manner that will allow the installation of sidewalk in the future in a manner consistent with the sidewalk requirements of § 160-50C(2)[a][1] above.

[3] For streets without curbs and sidewalks, street trees shall be placed outside of the street right-of-way line, but no further than 10 feet from the right-of-way line.

(b) Parking lot design. All parking lots shall comply with the following parking lot design requirements.

[1] Parking lots with 25 or more parking spaces shall be designed in accordance with the following standards:

[a] Terminal islands shall be provided at both ends of all rows of parking spaces. Terminal islands shall be designed to protect parked vehicles and to help define the traffic circulation pattern of the parking lot.

[b] All terminal islands shall be a minimum of five feet in width and 15 feet in length.

[c] Divider strips shall be provided between abutting rows of parking. Divider strips shall be designed to define the traffic circulation pattern of the parking lot and to help separate pedestrian and vehicle traffic.

[d] Divider strips shall be a minimum of five feet in width.

[e] Curbing or wheel stops shall be provided around all terminal islands and divider strips to prevent vehicular encroachment.

[f] The parking lots need to be surrounded with a perimeter landscaping strip with a minimum width of 10 feet measured outward from the edge of the parking lot except where one side of the parking lot is bounded by a principal structure. This perimeter landscaping strip shall be planted as required in § 160-50C(1)(d)[3] and landscaped with appropriate ground cover, shrubs or grass.

[2] Parking lots with fewer than 25 parking spaces are not required to be designed to include terminal islands and/or divider strips. However, the plantings required around the perimeter of parking lots, as required in § 160-50C(1)(d)[3] above shall be arranged to provide for visual buffering of the parking lot from public streets and adjoining properties and to provide shade within the parking lot itself.

(c) Buffering and screening. The landscaping plan for all manufacturing/industrial uses and for all commercial/business uses with a building footprint exceeding 2,000 square feet shall provide for buffering and screening along the boundary between the use and any adjoining residential property. Buffering and screening from any use shall be required around the perimeter of a mobile home park and the perimeter of the required mobile home park recreation area. Buffering and screening plantings shall be required in accordance with the following requirements, and shall lessen the visibility, glare, and noise from the use when viewed from the adjacent property.

[1] Buffer/screen planting options. Buffer/screen plantings shall be provided in accordance with one of the following options (See § 160-50-C(2)(c)[2] for utilizing a combination of options.):

[a] Canopy tree option. One major deciduous tree for every 40 linear feet.

[b] Reforestation option. Three major deciduous trees (minimum 1/2 inch caliper, four feet to five feet high) for every 40 linear feet.

[c] Evergreen option. One evergreen tree for every 15 linear feet.

[d] Flowering tree option. One minor deciduous tree of a flowering variety for every 25 feet.

[e] Shrubs option. One evergreen or deciduous shrub for every six feet.

[2] Buffer/screening designs that incorporate a variety of the options listed in § 160-50C(2)(c)[1] are strongly encouraged, provided:

[a] Example: For a 200-foot boundary, the following combination of options could be used.

[i] Canopy tree. Provide three major deciduous trees. Accounts for 120 feet of the buffer/screen.

[ii] Flowering tree. Provide three minor deciduous flowering trees. Accounts for 75 feet of the buffer/screen.

[iii] Shrub. Provide one shrub. Accounts for six feet of the buffer/screen.

[b] Total buffer/screen. The plant combination above provides a 201-foot buffer/screen.

[3] In addition, the Township may require this buffering and screening for sites with less than 2,000 square feet and also require additional or other forms of buffering where determined necessary to further lessen negative impact on adjacent residential property and use. Additional plantings, earth berms, buildings, or a solid fence or wall high enough to provide adequate buffering and screening could be required instead of, in combination with, or in addition to the requirements outlined in this section and § 160-50C(1)(d)[3].

[4] Credit for existing vegetation. Existing plants within the buffer/screening area that meet the criteria of one of the options listed in § 160-50C(2)(c)[1] may be applied toward meeting the minimum required buffer/screen planting requirements. Where existing vegetation is applied toward meeting the required buffer/screen planting requirements, the landscaping plan shall identify each specific plant by species and indicate the planting option from § 160-50C(2)(c)[1] to which the specific plant is applied. Where an existing plant is a species listed in § 160-50G, such plant shall not be permitted to be applied toward meeting the buffer/screen planting requirements.

D. Installation standards.

(1) The landscape contractor shall furnish and install and/or dig, ball, burlap or transplant all plant materials listed on the landscape plan. Bare root is not permitted for any tree.

(2) All plants shall be nursery grown. Plants taken from cold storage shall not be acceptable.

(3) A professional horticulturist/nurseryman shall be consulted to determine the proper time to move and install plant material so that stress to the plant is minimized. Planting of deciduous material may occur during winter months, provided that there is no frost in the ground and frost-free topsoil planting mixtures are used.

(4) The landscape contractor shall excavate all plant pits, hedge trenches and/or shrub beds as follows:

(a) All pits shall be generally circular in outline, with vertical sides. Tree pits shall be deep enough to allow 1/8 of the ball to be above the existing grade. Tree pits must be a minimum of 10 inches larger on every side than the ball of the tree.

(b) If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least 18 inches in depth. Areas designated for ground cover shall be cultivated to at least 12 inches in depth.

(5) After cultivation, all plantings shall be mulched with a minimum three-inch layer of organic mulch or another similar material, approved by the Township Supervisors, over the area of the planting.

E. Maintenance requirements.

(1) General. The owner of land subject to this chapter shall be responsible for the maintenance of landscaping in good condition so as to present a healthy, neat and orderly landscape area.

(2) Pruning. All pruning should be accomplished according to good horticultural standards. Plants shall be pruned only as necessary to promote healthy plant growth. Unless approval is provided by the Board of Supervisors, plants shall be allowed to attain their normal size and shall not be severely pruned in order to permanently maintain growth at a reduced height.

(3) Mowing. Grass shall be mowed as required to encourage deep root growth. Ideal recommended mowing height is three inches.

(4) Edging. All roadway, curb and sidewalk components included in such landscape plans shall be edged and pruned as needed to prevent encroachment from adjacent landscaped areas.

(5) Watering.

(a) General. All watering of planted areas shall be managed so as to:

[1] Maintain healthy flora;

[2] Make plant material more drought tolerant;

[3] Avoid excessive turf growth;

[4] Minimize fungus growth;

[5] Stimulate deep root growth;

[6] Minimize leaching of fertilizer; and

[7] Minimize cold damage.

(b) Promote vegetation growth. Watering of vegetation should always be in a sufficient amount to thoroughly soak the root ball of the plant and surrounding area, thereby promoting deep root growth and drought tolerance.

(6) Safety. All sight triangles shall remain clear, and any plant which could endanger safety such as unstable limbs shall be removed and the plant material replaced. It shall be the responsibility of the property owner to ensure all plantings and architectural elements are maintained to provide a safe environment.

(7) Landscape guarantees. All landscaping required by this chapter shall conform to the following guarantees:

(a) The installation of required landscaping, in accordance with the approved landscape plan, shall be guaranteed in accordance with the requirements of § 160-45 of this chapter.

(b) In addition, any required vegetative element, which dies within 18 months of planting, shall be replaced by the developer. Any vegetative element which, within 18 months of planting or replanting, is deemed, in the opinion of the Building Permit Officer, not to have survived or to have grown in a manner uncharacteristic of its type shall be replaced. Substitutions for certain species of plants may be made only when approved by the Board of Supervisors.

(c) Bonding. The applicant shall provide the Township a bond equal to 110% of the estimated cost of plants, plant installation and eighteen-month plant guarantee.

F. List of trees suitable to the area climate and soil conditions. Trees not included in the Major deciduous trees, Minor deciduous trees and Evergreen trees lists below may receive Township approval after the applicant presents a written statement stating the subject tree will perform similarly to a tree that is included. The written statement must be from a licensed horticulturist, landscape architect or other relevant professional as determined by the Township.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Major deciduous trees. Where major deciduous trees are either required for use or proposed to be used in subdivisions and land developments to meet the quantity standards specified in Subsection C, use of the following major deciduous trees is required unless alternative major deciduous trees are approved in accordance with the above process.

Common Name	Scientific Name
Hedge Maple	Acer compestre
Swamp Red Maple	Acer rubrum
Sugar Maple	Acer saccarum
Common Hackberry	Celtis occidentalis
Thornless Honeylocust	Gleditsia triacanthos
Steril American Sweetgum	Liquidambar styraciflua rotundiloba
Black Gum	Nyssa sylvatica
Pin Oak	Quercus palustris
Red Oak	Quercus rubra
American Linden	Tilia america
American Liberty Elm	Ulamus americana "America Liberty Elm"
Shumard Oak	Quercus shumardii
Swamp White Oak	Quercus bicolor "London"
Plain Tree	Platanus acerifolia
Sycamore	Platanus occidentalis
White Oak	Quercus alba

(2) Minor deciduous trees. Where minor deciduous trees are either required for use or proposed to be used in subdivisions and land developments to meet the quantity standards specified in Subsection C, use of the following minor deciduous trees is required unless alternative minor deciduous trees are approved in accordance with the above process.

Common Name	Scientific Name
Juneberry	Amelanchier grandiflora
Eastern Redbud	Cercis canadensis
White Fringetree	Chionanthus virginicus
Flowering Dogwood	Cronus florida
Kousa Dogwood	Cornus kousa
Carolina Silverbell	Halesis carolina
Hawthorne	Species crataegus
American Hornbeam	Carpinus caroliniana
American Yellowood	Cladrastis kentukea

(3) Evergreen trees. Where evergreen trees are either required for use or proposed to be used in subdivisions and land developments to meet the quantity standards specified in Subsection C, use of the following evergreen trees is required unless alternative evergreen trees are approved in accordance with the above process.

Common Name	Scientific Name
White Fir	Abies concolor
Leyland Cypress	Cupressocyparis leylandii
Eastern Red Cedar	Juniperus virginiana
Norway Spruce	Picea abies
Pitch Pine	Pinus rigida
Eastern White Pine	Pinus strobus
Virginia Pine	Pinus virginiana
Eastern Arborvitae	Thuja occidentalis

G. Trees not permitted. The following trees are not permitted to be used for required landscaping:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Varieties of poplars

Varieties of willows

White or Silver Maple — Acer saccarinum

Varieties of aspen

Common Black Locust

Norway Maple

Bradford Pear

Tree of Heaven — Alanthus altissima

Black Walnut — Juglans nigra

Horse Chestnut — Aesculus hippocastanum