[Amended 9-17-1990 by Ord. No. 235-90]
The following standards and requirements shall be complied with in all subdivisions and land developments. No modification or deviation of the requirements stated in this article shall be permitted except as provided in § 400-10 of this chapter, or as otherwise provided by other applicable sections of this chapter.
A.
All proposed subdivisions and land development shall comply fully
with the existing zoning regulations applicable to the land, and no
parcel of land shall be created, either by inclusion or exclusion
from a proposed subdivision, which cannot be properly utilized for
a permitted use under the existing zoning regulations.
B.
Land subject to hazards to life, health, or property, such as may
arise from fire, floods, disease, or other cause, shall not be subdivided
for building purposes or developed unless the hazards have been eliminated
or unless the plans show adequate safeguard against them.
C.
No on-site sewage disposal facility shall be permitted to be installed
unless applicable Township, state and/or Chester County standards
are fully satisfied.
D.
No basement, cellar, or slab foundation shall be constructed in an
identified floodplain area.
[Amended 5-15-2017 by Ord. No. 428-17]
E.
Proposed developments shall be coordinated with existing nearby neighborhoods
with particular reference to street layout and the provision of sanitary
sewage and water facilities so that the community as a whole may develop
harmoniously.
A.
The location and width of all public streets shall conform to the
official plans or to such parts thereof as may have been adopted by
the Township and/or the county.
B.
The proposed public street system shall extend existing or recorded
streets at the same or greater width, but in no case at less than
the required minimum width.
C.
Where, in the opinion of the Township Planning Commission, it is
desirable to provide for public street access to adjoining property,
public streets shall be extended by dedication to the boundary of
such property.
D.
New minor public streets shall be so designed as to discourage through
traffic, but the developer shall give adequate consideration to provision
for the extension and continuation of major and collector streets
into and from adjoining properties.
E.
Where a development abuts an existing public street of improper width
or alignment, the Township may require the dedication of land sufficient
to widen the street or correct the alignment.
A.
New half or partial streets will not be permitted, except where essential
to the reasonable development of a lot in conformance with the other
requirements and standards of this chapter and where, in addition,
satisfactory assurance for dedication of the remaining part of the
public street can be obtained.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
The developer shall provide the entire required right-of-way, or
as much thereof as lies within his property, along all existing public
streets which traverse or abut his property.
A.
Minimum street right-of-way, cartway, and pavement widths shall be
as shown on the official plans or Comprehensive Plan or, if not shown
on such plans, shall be as follows:
|
Public Street Type
|
Required Width (in feet) with Curbs
| |
|---|---|---|
|
Minor street:
| ||
|
Right-of-way
|
50
| |
|
Cartway
|
28
| |
|
Collector street:
| ||
|
Right-of-way
|
60
| |
|
Cartway
|
36
| |
|
Major street:
| ||
|
Right-of-way
|
See Note (a)
| |
|
Cartway
|
See Note (b)
| |
|
Permanent cul-de-sac street:
| ||
|
Right-of-way
|
50
| |
|
Cartway
|
30
| |
|
Marginal access street:
| ||
|
Right-of-way
|
See Note (b)
| |
|
Cartway
|
24
| |
|
NOTES:
| |
|---|---|
|
(a)
|
As specified in the official plans or Comprehensive Plan, or
as determined after consulting with the Township, the County Planning
Commission, and the Pennsylvania Department of Transportation.
|
|
(b)
|
Variable, depending on use requirements.
|
|
Additional right-of-way and cartway widths may be required by
the Township Planning Commission for the purpose of promoting the
public safety and convenience or to provide parking in commercial
and industrial areas and in areas of high-density residential development.
| |
B.
All streets intended to be dedicated shall be paved in accordance with Township regulations. (See Chapter A490.)
[Amended 6-2-2014 by Ord.
No. 422-14]
C.
The applicant may request, in accordance with § 400-10, a modification of the requirements of this § 400-34. If the Board of Supervisors grants part or all of the request for modification, the applicant shall pay to the Township a fee-in-lieu of the construction of street widening in an amount based on the gross area of the street widening otherwise required, and as established by resolution of the Board of Supervisors in effect at the time of application. The fee shall be used by the Township for street construction, repair, and/or maintenance within the Township.
[Added 7-17-2023 by Ord. No. 457-23]
At all changes of public street grades where the algebraic difference
exceeds 1%, vertical curves shall be provided to permit the following
minimum sight distances:
A.
Public streets shall intersect as nearly as possible at right angles
but in no event at less than an angle of 60%.
B.
No more than two streets shall intersect at the same point.
C.
A public street intersecting another street shall either intersect
directly opposite to it or shall be separated by at least 150 feet
between center lines, measured along the center line of the street
being intersected.
D.
Intersections shall be approached on all sides by a straight leveling
area, the grade of which shall not exceed 4% within 100 feet of the
intersection of the nearest right-of-way lines.
E.
Intersections with major public streets shall be located not less
than 1,000 feet apart, measured from center line to center line, along
the center line of the major public street.
G.
Public street right-of-way lines shall be parallel to (concentric
with) curb arcs at intersections.
H.
Street name signs shall be installed at all street intersections.
The design and placement of such signs and the names of the streets
shall be subject to the approval of the Township Board of Supervisors.
A.
Clear sight triangles shall be provided at all public street intersections.
Within such triangles, no vision-obstructing object shall be permitted
which obscures vision above the height of 30 inches and below 10 feet
measured from the center-line grade of intersecting public streets.
Such triangles shall be established in accordance with PennDOT specifications.
[Amended 12-15-2014 by Ord. No. 424-14]
B.
Wherever a portion of the line of such triangles occurs behind (i.e.,
from the street) the building reserve (setback) line, such portion
shall be shown on the final plan of the development and shall be considered
a building setback (reserve) line.
A.
Wherever a development abuts or contains an existing or proposed
public street with an ultimate right-of-way of 60 feet or more, the
Township Planning Commission shall require restrictions of access
to the major street by:
(1)
Provision of reverse frontage lots; or
(2)
Provision of public service streets along the rear of the abutting
lots, together with prohibition of private driveways intersecting
the major streets; or
(3)
Provision of public marginal streets, provided that the reserve strips
establishing such marginal access streets shall be definitely placed
within the jurisdiction of the Township under an agreement meeting
the approval of the Township. Except as specified above, reserve strips
shall be prohibited.
B.
Dead-end public streets are prohibited unless designed as cul-de-sac
streets or designed for future access to adjoining properties.
C.
Any public street dead-ended for access to an adjoining property
or because of authorized stage development shall be provided with
a temporary, all-weather turnaround within the development, and the
use of such turnaround shall be guaranteed to the public until such
time as the public street is extended.
D.
Unless future extension is clearly impractical or undesirable, the
turnaround right-of-way shall be placed adjacent to the lot boundary
line to permit extension of the street at full width.
[Amended 12-15-2014 by Ord. No. 424-14]
E.
All cul-de-sac public streets, whether permanently or temporarily
designed as such, shall be provided at the closed end with a fully
paved turnaround. The minimum radius to the pavement edge or curbline
shall be 50 feet, and the minimum radius of the right-of-way shall
be 60 feet.
F.
Drainage of cul-de-sac public streets shall preferably be towards
the open end.
G.
The center-line grade on a cul-de-sac public street shall not exceed
7%, and the grade of the diameter of the turnaround shall not exceed
4%.
[Amended 8-19-2013 by Ord. No. 417-13]
Curbs and sidewalks shall be required on all streets.
A.
Curbs shall be vertical type. Rolled curb-and-gutter type may be
installed only upon the approval of the Board of Supervisors, except
that rolled curbs shall not be used on streets whose grade exceeds
6% or on any collector or major streets. The transition from one type
to another shall be made only at a street intersection, and adequate
provision shall be made for driveway entrances.
B.
Except along Lancaster Avenue and streets within the Village of Berwyn
Districts, sidewalks shall be a minimum of four feet in width on all
streets. Where required, snow strips shall be three feet in width
and shall be grassed.
[Amended 2-4-2019 by Ord.
No. 437-19]
C.
On portions of Lancaster Avenue that are not located within the Village
of Berwyn Zoning Districts, sidewalks shall be a minimum of four feet
in width. Where required, snow strips shall be five feet in width
and shall be grassed. Sidewalk dimensions and design shall conform
with PennDOT and other applicable state and federal standards.
E.
Curbs and sidewalks shall be designed and constructed as specified in Chapter A490. Should there be a conflict, the more stringent requirements shall govern and control.
[Added 6-2-2014 by Ord.
No. 422-14]
F.
The applicant may request, in accordance with § 400-10, a modification of the requirements of this § 400-41. If the Board of Supervisors grants part or all of the request for modification, the applicant shall pay to the Township a fee-in-lieu of the construction of curbs and/or sidewalk in an amount based on the length of the curb and/or the gross area of the sidewalk otherwise required and as established by resolution of the Board of Supervisors in effect at the time of application. The fee shall be used by the Township for curb and/or sidewalk construction, repair, and/or maintenance within the Township.
[Added 7-17-2023 by Ord. No. 457-23]
A.
Proposed public streets which are obviously in alignment with others
already existing and named shall bear the names of the existing streets.
B.
In no case shall the name of a proposed street duplicate an existing
public street name in the Township or in the postal district, irrespective
of the use of the suffix "street," "road," "avenue," "boulevard,"
"drive," etc.
C.
All public street names shall be subject to the approval of the Board
of Supervisors upon recommendation of the Planning Commission.
The lengths, width and shape of blocks shall be determined with
due regard to provision of adequate sites for buildings of the type
proposed, zoning requirements, topography, and requirements for safe
and convenient vehicular and pedestrian circulation, including the
reduction of intersections with major public streets.
A.
Blocks shall have a minimum length of 600 feet.
B.
In the design of blocks longer than 1,000 feet, special consideration
shall be given to the requirements of satisfactory fire protection
and pedestrian access.
C.
Where practicable, blocks along major and collector streets shall
not be less than 1,000 feet long.
Residential blocks shall be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots are required
along a major public street, or where prevented by the size, topographical
conditions or other inherent conditions of property, in which case
the Township Planning Commission may approve a single tier of lots.
Blocks in commercial and industrial areas may vary from the elements of design detailed in § 400-46 if required by the nature of the use. In all cases, however, adequate provision shall be made for off-street parking and loading areas as well as for traffic circulation and parking for employees and customers.
A.
The size, shape and orientation of lots shall be appropriate for
the type of development and use contemplated.
B.
Insofar as practical, side lot lines shall be at right angles to
straight public street lines or radial to curved public street lines.
C.
Wherever feasible, lot lines shall follow Township boundaries rather
than cross them, in order to avoid jurisdictional problems.
D.
Depth and width of parcels intended for nonresidential uses shall
be adequate for the use proposed and sufficient to provide satisfactory
space for on-site parking, loading and unloading, setbacks, landscaping,
etc.
E.
If, after subdividing, there exist substandard remnants of land,
they shall be either incorporated in existing or proposed lots or
legally dedicated to public use, if acceptable to the Township.
A.
All lots shall have direct access to a public street or to a private
street and shall have a minimum frontage at the street right-of-way
line of at least 50 feet (except flag lots, which shall have a minimum
width of 35 feet where the flag lot access strip meets the street),
unless otherwise provided by the applicable zoning district regulation.
[Amended 8-17-1998 by Ord. No. 317-98]
B.
Double or reverse frontage lots shall be avoided except where required
to provide separation of residential development from major public
streets or to overcome specific disadvantages of topography or orientation.
C.
All residential reverse frontage lots shall have a rear yard with
a minimum depth of 60 feet, measured in the shortest distance, from
the proposed dwelling unit to the ultimate right-of-way and shall,
within such rear yard and immediately adjacent to the right-of-way,
have a planting screen easement of at least 10 feet in width, across
which there shall be no right of access.
Driveways constructed within street rights-of-way shall be subject to the Easttown Township rules and regulations of Chapter 177, Driveways, as it may be amended from time to time, and to the following:
A.
Private driveways on corner lots shall be located at least 40 feet
from the point of intersection of the nearest street right-of-way
lines.
B.
In order to provide a safe and convenient means of access, grades
on private driveways should not exceed 10%. In addition, driveways
shall be paved where grades exceed 7%.
C.
In order to provide safe and convenient ingress and egress, private
driveway entrances should be rounded at a minimum radius of five feet
or should have a flare constructed that is equivalent to this radius
at the point of intersection with the cartway edge (curbline).
D.
In order to facilitate the use of the rights-of-way for access to
the property and to prevent unlawful uses of the rights-of-way, the
maximum width of a driveway in the right-of-way shall be 14 feet for
single-family residential properties and shall be no greater than
the minimum width required for access for nonresidential properties.
[Added 2-4-2019 by Ord.
No. 437-19]
Lot dimensions and areas shall not be less than specified by the provisions of Chapter 455, Zoning, for the area in which the development is located.
A.
The developer shall provide a sanitary sewage disposal facility consistent
with existing physical, geographical and geological conditions and
in conformance with all applicable Township ordinances and state,
county and federal regulations.
[Amended 6-2-2014 by Ord.
No. 422-14]
B.
Wherever approval by the Pennsylvania Department of Environmental
Protection or by the federal government is required for the water
supply or sanitary sewage disposal system(s) for a proposed development,
the Planning Commission shall require that a copy of such approval
certification be submitted with both preliminary and final plans.
Where a package plant is contemplated, such system or systems shall
be demonstrated to be fully operable before any certificate of occupancy
is granted.
C.
All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems located in identified floodplain areas as defined in Chapter 220, Floodplains) shall be designed to prevent discharges from the systems into floodwaters. All new or replacement water facilities and sanitary sewer facilities and private package sewage treatment plants (including pumping stations and collector systems located in identified floodplain areas as defined in Chapter 220, Floodplains) shall be designed to minimize or eliminate infiltration of floodwaters into the system and shall be located and constructed to minimize or eliminate flood damage and impairment.
[Added 2-16-1981 by Ord. No. 170-81; amended 5-15-2017 by Ord. No. 428-17]
D.
All public
sanitary sewer systems shall be designed and constructed in accordance
with the latest version of the Standard Specifications for Construction
of Sanitary Sewers and Appurtenances, as adopted by the Easttown Municipal
Authority.
[Added 6-2-2014 by Ord.
No. 422-14]
A.
Wherever an existing public or approved community water system is
geographically and economically accessible to a proposed development,
a distribution system shall be designed to furnish an adequate supply
of water to each lot, with adequate main sizes and fire hydrant locations
to meet the specifications of the Insurance Services Office (ISO).
A copy of the approval of such system by the appropriate public agency
or utility company shall be submitted with the final plan. Suitable
agreements shall also be established for the ownership and maintenance
of such distribution system.
[Amended 6-2-2014 by Ord.
No. 422-14]
B.
Where individual on-site water supply system(s) are to be utilized,
each lot so served shall be of a size and shape to allow safe location
of such a system.
C.
Where individual on-site water supply system(s) are to be utilized,
it is required that the developer provide at least one test well for
each 10 lots or fraction thereof. Such wells should be drilled, double-cased,
grout-sealed into bedrock, at least 50 feet deep, and shall have a
reliable yield of at least five gallons per minute, based on a twenty-four-hour
pump test of potable drinking water, as certified by a state or county
health officer and in accordance with the Township regulations. The
developer shall submit evidence of county approval before any certificate
of occupancy is issued.
[Amended 9-17-1990 by Ord. No. 235-90; 12-15-2014 by Ord. No. 424-14]
[1]
Editor's Note: Former § 400-56, Erosion and sediment
control, as amended, was repealed 12-15-2014 by Ord. No. 424-14.
[1]
Editor's Note: Former § 400-57, Stormwater management
in Darby, Crum Creek and Cobbs Creek Watersheds, added 4-4-2005 by
Ord. No. 359-05, as amended, was repealed 12-15-2014 by Ord. No. 424-14.
[Amended 9-17-1990 by Ord. No. 235-90]
A.
In reviewing subdivision and land development plans, the Planning Commission shall consider the adequacy of the community facilities identified in § 400-25B of this chapter to serve the needs of the additional users proposed by the development and shall recommend to the Supervisors those minimum facilities which shall be required to be provided by the developer as a condition to plan approval.
B.
Every subdivider or land developer shall be required to reserve areas
of land within the proposed development for support facilities which
can be reasonably anticipated as necessary to serve the development,
including but not limited to parks, playgrounds, open space, recreational
equipment, parking facilities and any other facility proposed to be
used in common by the residents or occupiers of the development.
C.
In subdivisions or land developments of 10 or more residential units, where the open space regulations of § 400-62 do not apply, the Supervisors shall require that adequate open space and recreational facilities and equipment be provided and reserved on the development site, unless the Supervisors approve a fee in lieu of such reservation as an alternative to compliance with the following minimum standards:
|
Number of Units
|
Minimum Playground and Neighborhood Park Acreage to be
Recommended
| |
|---|---|---|
|
10 to 49
|
2.0
| |
|
50 to 174
|
3.0
| |
|
175 to 374
|
5.5
| |
|
375 to 624
|
6.5
| |
|
625 to 800
|
8.0
| |
|
For each additional 175
|
1.5
|
[Amended 9-17-1990 by Ord. No. 235-90]
A.
All significant natural and man-made site features as identified
on the conservation plan, including without limitation large trees,
water sources, wetlands, steep or wooded slopes, historic areas and
structures, views and similar community assets, which, if preserved,
will add attractiveness and value to the subdivision or land development,
shall be preserved.
B.
Whenever such site features may be more effectively preserved by the subdivision or land development of tracts in accordance with the lot averaging or clustering provisions contained in Chapter 455, Zoning, which may otherwise be applicable thereto, the developer shall give full consideration to development in accordance with those provisions.
A.
Where easements are required, they shall be a minimum width of 20
feet. No structures shall be placed within such easements.
B.
To the fullest extent possible, easements shall be centered on or
adjacent to rear or side lot lines.
C.
There shall be a minimum distance of 50 feet, measured in the shortest
distance, between any proposed dwelling unit and any petroleum products
or natural gas transmission line which traverses the subdivision.
[Added 2-16-1981 by Ord. No. 170-81; amended 5-15-2017 by Ord. No. 428-17]
[Added 9-17-1990 by Ord. No. 235-90]
Where Chapter 455, Zoning, requires the establishment and setting aside of open space, all land designated for such purpose shall comply with the following minimum criteria and standards:
A.
Such land shall be suitable for both active and passive recreational uses as required by this chapter, Chapter 455, Zoning, or as determined necessary by the Supervisors upon recommendation of the Planning Commission, without interfering with adjacent dwelling units, parking, driveways and roads.
B.
Active recreational uses shall include, but are not necessarily limited
to, play fields, ball fields, tennis and racquetball courts, basketball
courts, fitness trails, picnic areas, recreational buildings and similar
features. The minimum areas required for active recreational open
space use, which shall be comprised of ground suitable for development
and construction of such uses thereon, shall be adequate to serve
the proposed development, but at a minimum shall comprise and be provided
for in an area equal to at least 25% of the required open space.
C.
No more than 40% of the required open space shall be comprised of
areas within the identified floodplain area, any area with slopes
in excess of 20%, any area comprised of chewacla, weahadkee, or worsham
soils, any area subject to existing or proposed utility easements,
any wetlands or other environmentally sensitive lands, and any area
devoted to parking or vehicular circulation.
[Amended 5-15-2017 by Ord. No. 428-17]
D.
Open space shall be interconnected with common areas on abutting
parcels wherever possible, including provisions for pedestrian pathways
for general public use to create a linked pathway system within the
Township. Recreation areas shall be accessible to all dwelling areas
within a development, either by abutting thereon or over easements
expressly dedicated for that purpose, and shall be accessible by one
or more public streets.
E.
Open space shall be provided with sufficient parking when determined reasonably necessary by the Supervisors, upon recommendation of the Planning Commission, for the residents safe and convenient access, use, and enjoyment thereof, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic, and containing customary and appropriate access improvement; provided, however, no minimum parking area required by any provision of Chapter 455, Zoning, or by this chapter shall be located in the open space.
F.
No buildings or structures, except those related to recreational
uses, shall be constructed or located in open space.
G.
Open space areas shall be suitably landscaped either by retaining
existing natural cover and wooded areas and/or by a landscaping plan
designed to enhance recreational areas by utilization of plantings
which are consistent with the purposes of this section and which minimize
maintenance costs. Open space shall be comprised of areas not less
than 150 feet in width; provided, however, open space may be connected
by a trail system or pathway network less than 150 feet in width,
but such areas shall not be counted as part of the required minimum
open space.
H.
Open space shall be made subject to such declarations, restrictions and covenants complying with § 400-28 of this chapter as required by the Supervisors, for the purpose of preservation, maintenance and improvement of the open space and recreational facilities, which shall be recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania, contemporaneously with recordation of the final plan.
[Added 9-17-1990 by Ord. No. 235-90]
A.
Whenever any provision of this chapter or Chapter 455, Zoning, requires reservation of land for parks, playgrounds, and/or recreational facilities, the Supervisors may require the public dedication of land by the developer for that purpose, the payment of fees in lieu thereof or the private reservation of land for such purpose, or any combination thereof in accordance with the formally adopted Easttown Township Recreation Plan. In such instance, required park and recreational facilities shall be in accordance with principles and standards as otherwise provided for in this chapter.
B.
The amount of any fee in lieu of the dedication or reservation of
land and provision for recreational facilities shall be fixed from
time to time by the Supervisors in a resolution designated for that
purpose. All fees so collected shall, upon their receipt by the Township,
be deposited in the Easttown Township Park, Open Space and Recreation
Reserve Fund, which shall be an interest-bearing account. Such fees
shall be expended only for the provision, acquisition, operation or
maintenance of land or recreational facilities within Easttown Township
at such locations as shall be selected by the Supervisors for the
establishment, enlargement, or improvement of community or neighborhood
parks and recreational facilities reasonably accessible to the subdivision
or land development for which such fees have been paid.
[Amended 12-15-2014 by Ord. No. 424-14]
C.
Upon request of the developer who has paid such fees, the Township
shall refund such fee, plus interest accumulated thereon from the
date of payment, if the Township has used the fees so paid for a purpose
other than a purpose permitted by this section or by law, unless the
developer specifically waives in writing the requirement that such
fees be for limited purposes or waives in writing the requirement
that such fees be repaid.
[Amended 12-15-2014 by Ord. No. 424-14]
