The applicant for any residential subdivision or land development
proposed to contain 25 or more dwelling units or for any nonresidential
land development with a proposed occupancy of 50 or more persons shall,
if required by the Township, submit a traffic impact study by a qualified
traffic engineer. The study shall include, but not necessarily be
limited to, an analysis of expected traffic generation to, from and
upon surrounding roads, particularly showing a.m. and p.m. peak hours
to existing traffic flow during a normal business day, in comparison
with that which is anticipated after the proposed development is fully
completed and, if applicable, upon the completion of each stage. Existing
traffic flows shall be based on actual counts; if these are not available,
then an alternative source shall be fully cited and deemed acceptable
by the Township. The study shall include recommendations for lane
changes, signalization, impact on other intersections within the Township
and other matters as applicable.
Private streets may be permitted by the Board only under unusual
conditions or circumstances and shall conform to the following:
A. There shall be a recorded agreement between the applicant and the
Township specifying that such streets shall not be offered for dedication
and shall not be accepted by the Township unless constructed to Township
standards then existing at the time of offer of dedication.
B. Lots fronting on private streets shall meet the requirements of the Chapter
172, Zoning, of the Code of the Township of Newtown, as amended, with regard to lot width and setbacks.
Parking areas shall be provided in conformance with Chapter
172, Zoning, of the Code of the Township of Newtown and the Building Codes, including handicapped parking, and shall conform conceptually
with standards contained in Figure 7.
Permanent survey monuments shall be set in all subdivisions
by a registered surveyor and shall be indicated on all land development
and subdivision plans. Monuments shall be set at all property corners
and at the intersection of property lines with floodplain boundaries.
Concrete monuments with iron rod embedments shall be used at points
where property lines intersect street right-of-way lines.
All other utility lines, including but not limited to electric,
gas, streetlight supply, cable television and telephone, shall be
placed underground. Installation of all utilities shall be in strict
accordance with the engineering standards and specifications of the
Township, municipal authority or other public utility concerned. All
such underground utilities shall be put in place, connected and approved
before the streets are constructed, where such utilities lie under
the proposed cartway and before any person is permitted to occupy
any building to be served by such utilities.
[Amended 4-13-1987 by Ord. No. 1987-4; 9-25-2000 by Ord. No.
2000-10]
A. Intent.
(1) The intent of this section is to provide for adequate recreational
lands and facilities to serve residents and persons employed in the
Township. This section recognizes that residential, commercial, and
industrial uses create demand for local recreational lands and facilities
and enables the creation and maintenance of recreational lands and
facilities to meet this demand.
(2) In reviewing a plan for subdivision or land development, the Township
Planning Commission shall consider the open space and recreational
needs of the additional residents and/or employees proposed by the
development and shall discuss its findings and the further requirements
of this section with the applicant as it deems necessary in the public
interest.
B. Recreational use areas; applicability and scope. This section regulates the amount, location, and type of land to be provided in conjunction with residential, commercial, and industrial uses for recreational uses and facilities. Active recreational use areas shall be provided in conjunction with all residential, commercial and industrial development in the Township and shall be in the form of designated lands on the same tract as the development, except as provided for in Subsection
F, Fee in lieu of recreational use areas.
C. Amount of land required for recreational use areas.
(1) Recreational use areas shall be provided on a pro rata basis as follows:
Use
|
Amount of Recreational Use Area Required
(square feet)
|
---|
Residential
|
1,000 per dwelling unit
|
Retail and general commercial
|
150 per 275 square feet of gross floor area
|
Office
|
150 per 200 square feet of gross floor area
|
Industrial
|
150 per 520 square feet of gross floor area
|
(2) The above-referenced recreational use areas are in addition to any
other recreational or open space area requirements of Newtown Township's
ordinances.
D. Characteristics of recreational use areas. Recreational use areas
required in accordance with this section shall meet the following
standards:
(1) Recreational use areas shall be so designated on any submitted plans,
and the plans shall contain a notation stating, "recreational use
areas shall not be separately sold and shall not be further developed
or subdivided." A restriction shall be placed in the deed of the property
indicating the above-referenced requirement.
(2) Recreational use areas shall be contiguous to the development, not
separated by existing streets, and shall not be a part of any lot
within the development.
(3) Recreational areas shall be consistent with Newtown Township's Comprehensive
Plan.
(4) Recreational use areas shall not consist of:
(a)
Floodplains, wetlands, steep slopes or very steep slopes;
(b)
Lands designed for retention/detention basins in connection
with required stormwater management, or land which contains fuel,
power, or other transmission lines, whether underground or overhead.
(c)
Lands that are located within any required setback.
(5) At least 50% of the open space shall have a natural slope of 5% or
less that existed at predevelopment and not contain wetlands or contain
areas located in the Flood Conservation District.
(6) Recreational use areas shall contain not less than 20,000 square
feet, have a minimum width of 75 feet and shall be configured so as
to be able to accommodate active recreation facilities.
(7) Recreational use areas shall be interconnected with similar uses
and open space areas on abutting parcels, including pedestrian trails
and pathways, whenever possible.
(8) Recreational use areas shall be free of structures, except those
related to active recreation.
(9) Recreational use areas shall be provided with safe and convenient
access to the developed area of the tract by adjoining frontage on
streets or easements capable of accommodating pedestrian, bicycle,
and maintenance vehicle traffic. Recreational use areas shall contain
appropriate access improvements and shall be provided with perimeter
parking areas where appropriate.
E. Ownership and maintenance of recreational use areas. Property owners
shall maintain recreational use areas. Alternative provisions for
ownership and maintenance of recreational use areas may be pursued
and shall be made in one of the following manners:
(1) The Township may accept dedication of the recreational use area or
any interest therein for public use and maintenance, but the Township
need not accept a dedication of the recreational use area.
(2) With permission of the Township, and with appropriate deed restrictions
in favor of the Township and in language acceptable to the Township
Solicitor, the developer may transfer the fee simple title in the
recreational use area or a portion thereof to a private, not-for-profit
organization among whose purposes is the operation of recreational
facilities, provided that:
(a)
The organization is acceptable to the Township and is a bona
fide recreational organization with a perpetual existence;
(b)
The conveyance contains appropriate provisions for proper retransfer
or reverter of title to the Township in the event that the organization
becomes unable or unwilling to continue to carry out its functions;
and
(c)
A maintenance agreement accept able to the Township is entered
into by the developer, the organization, and the Township.
(3) The developer shall provide for and establish an organization for
the ownership and maintenance of the recreational use area consistent
with the requirements for unit owner's association found in the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If
such an organization is created, the deeds for the recreational use
areas and for all individual lots within the development shall contain
the following requirements in language acceptable to the Township
Solicitor:
(a)
Such organization shalt not dispose of recreational use areas
by sale or otherwise except to the Township unless the Township has
given prior approval. Such transfer shall be made only to another
organization which shall maintain the recreational use areas in accordance
with the provisions of this chapter;
(b)
The organization and all lot owners within the development shall
agree to maintain the recreational use areas. If private ownership
fails to do so, the Township may proceed to maintain the recreational
use areas and may assess and lien the properties within the development
accordingly;
(c)
All lot owners shall be required to become members of the organization
and shall pay assessments for the maintenance of the recreational
use areas, which may be adjusted as required and may provide for professional
management.
F. Fee in lieu of recreational use areas.
(1) If provision for lands as designated recreational land areas on the
same tract as the development conforming to the above-referenced criteria
is not feasible, a fee shall be paid to the Township for the purpose
of providing recreational uses elsewhere in the municipality. The
fee shall be based on the number of dwelling units for residential
use and on gross floor area for nonresidential use. The fee may be
adjusted by the Township from time to time.
(2) The fee in lieu of providing the recreational land areas on the same
tract as the proposed subdivision or development shall be based upon
the proportionate area of the following schedule of open space impact
cost factors per acre.
Zoning District
|
Impact Cost
(per acre)
|
---|
R-1, R1-A
|
$160,000
|
R-2
|
$80,000
|
R-3, R-4
|
$40,000
|
O, C-1, C-2
|
$160,000
|
I
|
$120,000
|
SU-1, SU-2
|
$160,000
|
Any application for approval of a mobile home development shall comply with the requirements of Article
VIII, Mobile Home Developments, of this chapter.