The following shall apply to all subdivision and land development
proposals:
A.
All portions of a tract shall be designated as to their use, such
as lots, roads, open space, parking areas, etc. No remnants and landlocked
areas shall be created.
B.
Applicants shall observe the ultimate rights-of-way for contiguous existing roads as prescribed in this article. Additional portions of the corridors for such roads may be offered for dedication to the government agency having jurisdiction at the time the subdivision or land development is consummated. Where existing structures prevent an offer of dedication, the area shall be reserved for possible future road improvement needs. Applicable building setback lines, as defined by Chapter 275, Zoning, shall be delineated as measured from the ultimate right-of-way lines.
C.
Whenever possible, applicants shall preserve scenic areas, historic
sites, other community assets and landmarks, and natural amenities
such as trees and waterways. The standards for resource conservation
set forth in this article shall apply to all land developments and
subdivisions in the Township. The standards for greenway delineation
shall apply to land developments and subdivisions in the Conservation
Design Overlay District.
[Amended 9-16-2009 by Ord. No. 09-9-1]
D.
Plans shall be designed to avoid excessive cut or fill.
F.
The applicant shall construct, install, and guarantee, at no expense
to the Township, all improvements required as part of plan approval,
including, but not limited to, streets, curbs, sidewalks, water and
sewage facilities, stormwater management facilities, streetlights,
fire hydrants, road signs, monuments, lot pins, utilities and shade
trees. Construction and installation of such facilities and utilities
shall be subject to inspection by appropriate Township officials during
the progress of the work, and the subdivider shall pay for inspection.
G.
When only a portion of a tract is being reviewed relative to subdivision
or land development, but where future subdivision and or land development
is imminent, the applicant shall, at the discretion of the Board of
Supervisors, demonstrate that the remainder of the tract or parcel
may be subdivided or developed in conformance with the existing zoning
classification of land use in a logical and satisfactory manner.
H.
Where the subdivision or land development is inaccessible to sanitary
sewers, the subdivider, developer, or builder shall obtain all necessary
approvals for the proposed sewage disposal facilities.
I.
The Board of Supervisors may request that development features exceed
these standards if conditions so warrant.
J.
Improvements shall be constructed in accordance with the Township's
Engineering Standards as outlined in the Appendix of this chapter.[2] Those standards may be amended by resolution from time
to time by the Board of Supervisors to remain in accordance with sound
engineering practices.
[2]
Editor's Note: The Engineering Standards are included as an attachment to this chapter.
Upon review and recommendation by the Township Planning Commission,
the Board of Supervisors may grant a modification of the requirements
of one or more provisions of this chapter, if the literal enforcement
of them would exact undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modification(s)
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed.
A.
All requests
for modification(s) shall:
B.
Fee in lieu of required improvements. An applicant seeking a waiver
of the improvements for final plan approval shall pay a nonrefundable
fee in lieu of the required improvements.
[Added 9-14-2005 by Ord. No. 05-02]
(1)
Fees in lieu of required improvements will be approved only where
the applicant establishes that literal enforcement of ordinance requirements
will exact undue hardship because of peculiar conditions pertaining
to the land in question, or because the required improvements are
impracticable, and that such modification is not contrary to the public
interest and the purpose and intent of the ordinance.
(2)
The amount of the fee to be paid in lieu of ordinance requirements
shall be 90% of the cost of the required improvements for which the
waiver is being granted. The cost of the required improvements shall
be established by submission by the applicant to the Township of bona
fide estimates prepared by a professional engineer licensed as such
in Pennsylvania. The Township Engineer shall review all estimates
for accuracy and conformity with the required improvements. The Board
of Supervisors, upon consultation with the Township Engineer, Solicitor,
and other Township staff and consultants, shall make the final determination
as to the amount of the fee in lieu of required improvements that
shall be paid by the applicant.
(3)
All requests for payment of a fee in lieu of required improvements
must be made in writing, stating the grounds for the waiver. All payments
of fees in lieu of required improvements shall be paid to the Township
as a conditional of final plan approval and prior to recording of
the approved final plan.
(4)
The fee collected from an applicant in lieu of construction of improvements
shall be deposited into the Township general fund account. Interest
earned on such account shall become funds of the account.
(5)
The applicant shall reimburse the Township for all reasonable administrative
and professional expenses incurred in connection with the request
for fee in lieu of required improvements, including but not limited
to engineering, legal and consultant fees. The fees shall be reimbursed
as a condition of final plan approval.
All new streets and extensions and widenings of existing streets:
A.
Shall be offered for dedication to the authority having jurisdiction
over the street at the time of plan approval. The Township may accept
or refuse dedication of lands which are not accepted by other jurisdictions;
B.
Shall conform with the circulation element of the Township Comprehensive
Plan, Township Ultimate Right-of-Way Map, and county or state highway
plans, and be coordinated with existing streets;
C.
Shall provide appropriate access between abutting tracts of land
for immediate or future use;
D.
Shall create a road hierarchy among interior subdivision and land
development streets and exterior streets to ensure proper through-traffic
flow, local access, and internal traffic distribution and flow;
E.
Shall be related closely to existing topography to assure reasonable
grades, alignment and drainage, appropriate access to lots, and to
minimize regrading and removal of vegetation;
F.
Shall be designed to continue existing streets at equal or greater
right-of-way and cartway width, as recommended by the Township Engineer
and Planning Commission;
G.
Developer shall assign street names and numbers to correspond with
existing house numbering and street name system, subject to approval
of the Township.
In its design manual, PennDOT classifies streets according to
standards established by AASHTO. The Township is using the same classification
system in order to coordinate highway improvements with neighboring
municipalities, the region, and the state. Every street, road, or
highway within the Township shall be classified by its function as
one of the following, and shall be subject to the requirements for
its classification as contained in this article:
A.
Freeways and limited-access highways are expressways with fully controlled
access. Through traffic is given preference, with access permitted
only at interchanges with selected public roads; at-grade crossing
and direct private driveway access are prohibited. The Northeast Extension
of the Pennsylvania Turnpike is the only highway in the area under
this classification, and there are no such highways within the Township.
B.
Arterials provide a relatively high-speed, high-volume network for
travel between major points. They are further classified into the
following subclassifications, and are regulated as explained therein:
(1)
Principal arterials carry most trips entering or leaving an area.
Right-of-way width is 100 feet in rural areas, 80 feet in the more
constricted villages of Sumneytown and Perkiomenville. Gravel Pike
(Route 29), Sumneytown Pike (Route 63), and Geryville Pike are principal
arterials.
(2)
Minor arterials interconnect with and augment principal arterials.
They accommodate trips of moderate length and emphasize access to
services. Right-of-way width is 80 feet in rural areas and 60 feet
in the villages. Upper Ridge Road, Campbell Road, and McLeans Station
Road are minor arterials.
C.
Collectors serve mainly to collect traffic from local streets and
channel it to arterials. They carry moderate traffic volumes at moderate
speeds. They are further divided into major and minor collector roads,
but both have the same right-of-way and cartway width requirements.
Their required right-of-way width is 60 feet (village) or 80 feet
(rural) for major collectors, and 60 feet for minor collectors.
(1)
Major collectors serve the more important intracounty travel corridors.
Perkiomenville Road is the only major collector in the Township.
(2)
Minor collectors provide service to the remaining small communities.
Hoppenville Road, Hiffletrayer Road, East Hendricks Road, Finland
Road, Brinckman Road, and Ziegler Road are all classified as minor
collectors.
D.
Local roads. Streets provide access to most properties within the
Township, linking them to the collector road network. They provide
for travel over relatively short distances and have relatively low
traffic volumes. Through traffic movement is discouraged on local
roads. Local streets in the Township are all other streets not listed
in one of the higher classifications. They can be further classified
as follows:
(1)
Residential subdivision streets provide vehicular access and street
frontage to lots and dwellings within a residential subdivision. The
right-of-way width is 50 feet; cartway width varies. In conservation
design:
[Amended 9-16-2009 by Ord. No. 09-9-1]
(2)
Nonresidential subdivision streets provide vehicular access and street
frontage for industrial or commercial lots and land uses. The right-of-way
width is 50 feet with a cartway of 32 to 36 feet, enough to handle
frequent truck traffic.
Sight distance, horizontal and vertical curvature, superelevation,
and maximum and minimum street grades shall be determined by the Township
Engineer in compliance with the standards contained in "A Policy on
Geometric Design of Highways and Streets," published by the American
Association of State Highway Transportation Officials, most recent
edition, or PennDOT standards, whichever is more restrictive. In addition,
the following standards and guidelines shall be complied with:
A.
Horizontal curvature for all local access streets shall be not less
than one-hundred-and-fifty-foot radius, measured along the street
center line.
B.
Long radius, gentle curves are encouraged rather than shorter-radius
curves connected by tangents.
C.
Curve-tangent relationships shall follow accepted engineering guidelines
for safety and efficiency. For example, minimum radius curves shall
not be used at the ends of long tangents.
D.
Street grades shall be measured along the center line in accordance
with the following:
(1)
Minimum grade for all streets shall be 1%.
(2)
Maximum grades for arterials and collectors shall be 7% and for residential
streets shall be 10% for distances of not more than 1,500 feet.
(3)
Street grades in excess of 5% shall be avoided wherever possible.
(4)
Curve-grade combinations shall follow accepted engineering guidelines
for safety and efficiency. For example, minimum-radius horizontal
curves will not be permitted in combination with maximum grades.
(5)
At all approaches to intersections, street grades shall not exceed
3% for a minimum distance of 50 feet from the intersection of curblines
or edges of cartways.
All street intersections shall be governed by the standards
of this section and the Township's Engineering Standards.
A.
Number of streets. Not more than two streets shall intersect at the
same point.
B.
Three-way/four-way intersections. Three-way or "T" intersections
shall be used instead of four-way intersections unless the four-way
intersection can be justified in terms of necessary and desirable
traffic movements.
C.
Angle of intersections.
(1)
All intersection approaches shall be designed at right angles unless
sufficient reason exists to justify a lesser angle. However, no angle
shall be less than 75° for intersections with principal or minor
arterials or 60° for intersections between local roads, measured
at the center line intersections.
(2)
Where angled intersections are used, it is preferable to design them
so that the heavier traffic flow will make the obliquely angled turn
rather than the acutely angled turn.
D.
Improvements to existing intersections. When existing streets intersect
at odd angles or have more than four approaches, the applicant shall
improve the intersection to bring it into compliance with this chapter,
as required by the Supervisors, who shall first seek the advice of
the Township Engineer and Planning Commission and other technical
advisors or agencies, as appropriate. For state and county highways,
improvements shall comply with the requirements of the appropriate
agency.
E.
Waiver of improvements. The Supervisors may waive the above requirements
for improvements under one or more of the following conditions:
(1)
When changes made on the applicant's land will not improve the
intersection's deficiencies.
(2)
When other road improvements are already planned which would correct
the problem without changes required of the applicant.
(3)
When not required by PennDOT where the intersections are under their
jurisdiction.
F.
Cul-de-sac intersections.
(1)
Intersections with permanent cul-de-sac streets shall be designed
with the cul-de-sac street extending as a side street from the through
street, rather than have a through street extend through an intersection
to terminate as a cul-de-sac.
(2)
Four-way intersections may be created using two permanent cul-de-sac
streets intersecting directly opposite one another along a through
street, when the through street is a local access street.
G.
Approaches to intersections. Approaches to intersections shall follow
a straight course for a minimum of 50 feet for local roads. All other
streets shall follow a straight course in accordance with accepted
engineering standards, but in no case less than 50 feet.
Street intersection spacing shall be done in compliance with
the regulations contained in this section, measured from center line
to center line.
A.
The spacings listed in this section shall be considered minimum spacings.
Where greater spacing is required in compliance with AASHTO or PennDOT
standards, the greater spacing distances shall be applied, as determined
by the Township Engineer.
B.
Principal arterials.
(1)
Street intersections with principal arterials shall be spaced a minimum
of 800 feet apart when located on the same side of the street.
(2)
When located on opposite sides of the streets, street intersections
with principal arterials shall be located a minimum of 800 feet apart
where practicable, but may be spaced as close as 400 feet apart if
necessary and/or preferable in terms of sight distance and other safety-related
factors.
(3)
For intersections that would have to be less than 400 feet apart,
first preference shall be given to locating the streets opposite one
another as a four-way intersection; otherwise, the best solution should
be sought in terms of accepted traffic safety standards.
(4)
Street intersections within a village on principal arterials shall
be located a minimum of 400 feet apart wherever practicable, whether
on the same or opposite sides of the street.
(5)
For intersections within a village that would have to be less than
400 feet apart, first preference shall be given to locating the streets
opposite one another as a four-way intersection; otherwise, the best
solution should be sought in terms of accepted traffic safety standards.
C.
All other streets. Street intersections with all other streets shall
be spaced the minimum distances apart as specified for the classifications
listed below, whether on the same or opposite side of the street:
D.
Offset intersections. In any case where center line of street intersections
are or would be within 150 feet of each other, they shall be made
to coincide by relocating the street within the applicant's land,
unless additional problems of sight-distance or other safety-related
problems would be created. As an alternative, relocation farther away
from the offset intersection may be done in compliance with the intersection
spacing requirements contained herein, when approved by the Board
of Supervisors.
A.
Any street which is served by only one intersection with a through
street shall be considered a single-access street, regardless of the
street's configuration within the proposed subdivision or land
development. Included in this classification of streets are:
B.
Single-access streets shall be subject to the requirements for their
classification of street, notwithstanding their single-access status.
C.
Permanent cul-de-sac streets:
(1)
Shall be permanently closed at one end.
(2)
Shall be provided with a vehicular turnaround at the closed end with
a right-of-way radius of at least 50 feet, and a paving radius of
at least 40 feet.
(3)
Shall not exceed 800 feet or 32 dwelling units, whichever comes first.
(a)
Measurement of the length shall be made from the edge of pavement
of the through street to the most distant point on the edge of pavement
of the turnaround, measured along the cul-de-sac street's center
line.
(4)
Shall be served by an appropriately located emergency accessway when
required by the Supervisors.
(5)
The Township may request the applicant to provide a permanent easement
for snow removal from the cul-de-sac bulb. The location of this easement
shall be determined by the Township. The easement shall have a minimum
length along the right-of-way line of 40 feet and a depth of 15 feet.
When curbing is required, a curb depression shall also be placed in
this easement area. No shrubbery, fence, mailbox, or any other obstruction
shall be placed within the easement to hinder the placement of the
snow. In addition, parking is prohibited on the cul-de-sac by order
of the Fire Marshal.
D.
Temporary cul-de-sac streets:
(1)
May be temporarily closed at one end, with the intent to extend the
street onto the abutting tract upon its development.
(2)
Shall be built to the tract boundary line or phrase line at a location
and grade that are logical for extension onto the abutting tract,
but shall not exceed 800 feet in length.
(3)
Shall not be extended as a cul-de-sac street, but shall be connected
to another through street, unless approved by the Supervisors.
(4)
Shall form a logical step in the circulation pattern of the super
block or area in which it is located.
(5)
Shall be provided with a vehicular turnaround at the closed end,
abutting the tract boundary, with a paving radius of at least 40 feet.
(a)
Construction shall meet the same requirements as for a permanent
cul-de-sac turnaround.
(b)
Those portions of the turnaround extending beyond the street
right-of-way shall be located on temporary access easements, valid
only until the road is extended.
(c)
Upon extension of the street, the full rights and responsibilities
for the area of the temporary easements shall revert to the owners
of the lots on which they were located.
(6)
The developer responsible for extension of the street shall also
be responsible for the following:
(a)
Removal of all curbing and paving of the temporary turnaround
beyond the width of the street's cartway.
(b)
Installation of new sidewalk, curbing, and cartway paving to
complete the street connection.
(c)
Extension of utilities as necessary.
(d)
Repair of any improvements damaged in this process.
(e)
Grading, installation, and/or restoration of lawn areas where
affected by this removal and construction process.
E.
Multiple cul-de-sac streets:
(1)
Are single-access streets which terminate in more than one vehicular
turnaround.
(2)
Shall be avoided in favor of more desirable street layouts.
(3)
May be permitted where the length of cul-de-sac is less than 800
feet, measured from the through street intersection to each turnaround.
(4)
Shall be served by an appropriately located and designed emergency
accessway when required by the Supervisors.
F.
Single-access loop streets:
(1)
Are single-access streets which encircle back to intersect with themselves.
(2)
Shall be discouraged but may be permitted when no alternatives are
determined to be feasible and preferable by the Supervisors, upon
advice of the Township Planning Commission and Engineer.
(3)
When permitted, shall meet the following requirements:
(a)
Shall not under any circumstances exceed 2,000 feet in length,
measured from the intersection with the through street, along the
entire center line around to its intersection with itself.
(b)
Shall not contain or serve more than 45 residential lots or
dwelling units.
(c)
Shall be required to be served by an appropriately located and
designed emergency accessway when required by the Supervisors.
G.
Stub streets:
(1)
Shall be provided in appropriate locations for vehicular access to
abutting undeveloped lands when required by the Supervisors, upon
advice of the Township Planning Commission and Engineer.
(3)
Shall not be provided with a vehicular turnaround.
(4)
Shall be constructed to the property line in accordance with the
standards of this chapter applicable to the classification of street
it will be upon extension.
Clear sight distances shall be required to be maintained along
all approaches to all street intersections and all intersections of
driveways with streets, in compliance with the standards contained
in the Engineering Standards Appendix.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Applicants shall submit sketch plans to the Township Planning Commission
for its evaluation and advice in the following circumstances:
(1)
When five or more residential lots are proposed to be subdivided
along an existing arterial or collector street.
(2)
For all nonresidential proposals which require a new driveway or
upgrading of an existing driveway to handle larger volumes of traffic
than that which exists at the time of plan submission.
(3)
For all proposals whose driveways would generate 25 or more vehicular
trips per day, based on ITE trip-generation standards.
B.
The Township Planning Commission shall review the proposal in accordance with the procedures of Article III of this chapter.
C.
Following evaluation by the Township Planning Commission, the applicant
may submit plans to the state or Township for formal review and, as
appropriate, approval and issuance of permits.
D.
No driveway location, classification, or design shall be considered
finally approved by the Township unless permits have been granted
by the state and/or Township and preliminary plan approval has been
granted by the Board of Supervisors for the subdivision and/or land
development which the driveway(s) will serve.
A.
Driveway intersections with streets:
(1)
Shall provide adequate sight distance in compliance with the standards
contained in the Engineering Standards Appendix.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
Shall be designed and constructed in compliance with Title 67, Chapter
441, of the Pennsylvania Code when intersecting a state road, unless
Township standards are more restrictive.
(4)
Shall be designed and constructed in compliance with the Township's
Engineering Standards when intersecting a Township road.
B.
In order to facilitate safe and efficient access between streets
and driveways, the number of driveways permitted to serve individual
parcels of land shall be kept to the minimum needed to adequately
serve the parcel in question.
(1)
Properties with frontages of 100 feet or less may be permitted not
more than one driveway intersection with a street. Exceptions may
be made when adjacent property owners share parking, or when the need
is determined in a traffic study prepared by a qualified traffic engineer.
(2)
Not more than two driveway intersections with the same street may
be permitted for any parcel of land unless anticipated traffic volumes
warrant more than two, and then only when supported by a traffic study
prepared by a qualified engineer.
C.
Driveway intersections serving individual parcels of land may be
prohibited by the Board of Supervisors where such intersections would
create congestion, interference, and/or hazards to traffic flow and
safety by reason of street grades, land forms, vegetation, frequency
of driveway intersections, limited sight distances, and/or high speed
traffic flow. In such cases, the Board of Supervisors may permit reasonable
alternative forms of vehicular access to the parcel of land by means
of:
D.
Where driveway intersections are prohibited by the Board of Supervisors
and alternative forms of vehicular access would cause an undue burden
upon an applicant, the Board of Supervisors may permit an alternative
interim access solution in compliance with the following:
E.
Distance from street intersections. Driveways shall be located as
far from street intersections as is reasonably possible.
F.
Choice of streets. When streets of different classes are involved,
the driveway shall provide access to the street of lesser classification
unless this requirement is waived by the Board of Supervisors for
reasons of sight distance, incompatibility of traffic, grading, drainage
or other major reasons.
G.
Stopping areas. Regardless of the driveway classification, all driveways
shall be provided with a stopping area within which the grade shall
not exceed 6%. The stopping area shall be measured as follows:
H.
Clear sight distances. Clear sight distance shall be provided in
accordance with the standards in the Engineering Standards Appendix.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
I.
Rural residential driveways. Driveways intersecting rural roads shall
comply with the following standards:
(1)
All driveways shall be constructed so as not to impair drainage within
the right-of-way, alter the stability of the improved areas, or change
the drainage of adjacent areas.
(2)
Where a drainage ditch or swale exists, the applicant shall install
an adequate pipe under the driveway. The drainage pipe installed under
driveways shall be at least 15 inches or equivalent cross section
in diameter.
Parking, related internal driveways, and parking aisles shall
be governed by the following regulations:
A.
General.
(1)
Off-street parking facilities shall be provided in compliance with the parking requirements of Chapter 275, Zoning, the regulations contained herein, and the Township's Engineering Standards.
(2)
Angled or perpendicular parking shall not be permitted along public
or private streets, except where specifically permitted by this or
other ordinances.
(3)
The terms "parking lot," "parking area," and "parking" are interchangeable.
"Internal driveways" serve the parking aisles, and "parking aisles"
provide direct access to the parking spaces.
B.
Parking lots.
(1)
Parking shall not be permitted along driveways which serve as the
entrance(s) or exit(s) to parking areas with a capacity of 50 cars
or more.
(2)
Parking areas shall be set back from tract boundary lines and ultimate right-of-way lines in compliance with the requirements of Chapter 275, Zoning. In any case not regulated by zoning, parking areas shall not be located closer than 15 feet from any tract boundary line or ultimate right-of-way line. These setback areas shall be landscaped in accordance with the requirements of § 215-42, Landscape requirements.
(3)
Where the edge of an existing parking area is located close to a street, driveway, or other parking area and the property is proposed for subdivision and/or land development, a minimum separation of 10 feet shall be provided between these features where feasible. This spacing shall consist of a raised landscaped area, preferably curbed, with planting in conformance with § 215-42 herein.
(4)
Dead-ended parking areas shall be discouraged when the required parking
capacity can be accommodated in a layout that permits more convenient
vehicular movements. However, extraneous through-traffic flow shall
be avoided.
(a)
Up to 30 parking spaces may also be located in a dead-ended
parking area if there is no more desirable alternative feasible, and
sufficient backup areas provided for the end stalls.
(b)
More than 30 parking spaces may be located in a dead-ended parking
area only if a turnaround area is provided at the closed end, suitable
for passenger car turning. The turnaround area may be circular, "T"
or "Y" shaped, or other configuration acceptable to the Board of Supervisors.
(5)
Handicapped parking stalls shall be installed in all parking lots
as close and convenient to building entrances as is reasonable. A
ratio of one handicapped space per 25 regular spaces, or portion thereof,
shall be used to determine the total number of handicapped spaces
provided.
C.
Residential parking lots.
(1)
Parallel rows of parking spaces, which are not separated by an aisle, shall be separated by a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 215-42 herein.
(2)
A single row of parking spaces located parallel to and between two aisles shall be separated from one of the aisles by a raised and/or curbed planting strip, a minimum of five feet wide, landscaped in accordance with § 215-42 herein.
D.
Nonresidential parking lots.
(1)
Parking lots with a capacity of 15 to 40 cars shall require a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 215-42 herein, around the entire perimeter except where buildings, aisles, and walkways are located.
(3)
The ends of the rows of parking shall be designated by raised planted
islands with painted lines or the use of different paving materials
such as paving blocks or bricks as an alternative, at the discretion
of the Board of Supervisors.
(a)
These planting strips shall be located parallel to the rows
of parking, to serve the following purposes:
[1]
To separate main access (entrance-exit) driveways from rows
of parking spaces.
[2]
To separate other major interior driveways from rows of parking
spaces (service drives, general internal circulation).
[3]
To separate large parking areas into smaller units at intervals
of not more than four rows of parking stalls, with each unit capacity
not greater than 100 cars.
(b)
The ends of rows of parking shall be designated as such by raised
planted islands or the use of different paving materials such as paving
blocks, bricks, or round stones, or some other alternative, at the
discretion of the Board of Supervisors.
(4)
The primary plant materials used shall be shade or canopy trees, chosen from the list of plant materials in § 215-43 or alternative plant materials approved by the Board of Supervisors. These trees shall be planted in the planting strips at a spacing equal to the minimum spacing recommended for the type of tree. Only canopy trees shall be planted in end islands for better visibility.
(5)
Additional planting is encouraged and may include a variety of ornamental trees, shrubs, and ground covers, chosen from the list of plant materials in § 215-43, provided that:
(a)
At the ends of planting strips at aisle and interior driveway
intersections, drivers' visibility shall be maintained by limited
planting for the end 35 feet.
(b)
At the ends of planting strips between rows of parking spaces,
visibility shall be maintained by limited planting for the end 20
feet.
(6)
The specific purposes to be served by these requirements are:
(a)
To add visual character and improve the appearance of large
parking areas by reducing their massiveness into smaller units.
(b)
To provide shade for parked cars.
(c)
To reduce random vehicular flow across parking areas.
(d)
To permit a high level of visibility for those uses (stores,
offices) for which visibility is an important factor.
(e)
To facilitate snow removal and storm drainage, and to conserve
energy in construction and resurfacing operations, by permitting relatively
large units of paving surface, not obstructed by numerous, small,
barrier island areas.
The following requirements apply to all driveways within all
sites proposed for land development as well as to other sites proposed
for development which will provide parking capacity for 50 or more
cars:
A.
Main access driveways (entrance-exit), and service driveways handling
large trucks shall be a minimum paved width of 30 feet, with one lane
in each direction, unless otherwise required by PennDOT standards
governing the volume of traffic anticipated.
B.
Access driveways for cars and other small vehicles which are clearly
secondary in importance may be reduced to 20 feet in paved width,
unless otherwise required by PennDOT standards governing the volume
of traffic anticipated.
C.
Interior storefront driveways in shopping centers shall be a minimum
paved width of 35 feet, to allow one lane in each direction and a
dropoff/pickup lane along the sidewalks.
D.
Interior driveways along other nonresidential buildings shall be
a minimum paved width of 26 feet, except where a dropoff/pickup lane
is proposed, the width shall be 35 feet.
E.
Parking aisles (as defined) shall be a minimum of 24 feet wide with
two-way traffic flow for convenience and efficiency.
F.
One-way aisles and/or parking at less than right angles may be permitted
only when:
G.
Wherever feasible, internal circulation driveways shall extend from
main access drives in locations which permit and encourage entering
traffic to turn and enter the parking aisles without first traveling
along a building-front driveway. This feature is intended to reduce
the volume of vehicular traffic along building-front driveways to
make it safer for pedestrian traffic.
[Amended 11-14-2007 by Ord. No. 07-11-1]
Parking lot dimensions shall be no less than those listed in
the following table:
|
Parking Stall*
|
Aisle Width
| |||
|---|---|---|---|---|
|
Angle of Parking
|
Depth
(feet)
|
Width
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
|
|
90°
|
18
|
9
|
25
|
25
|
|
60°
|
18
|
9
|
18
|
20
|
|
45°
|
18
|
9
|
15
|
18
|
|
NOTE:
| ||
|---|---|---|
|
*
|
Parking stalls for disabled persons shall be in accordance with
the most recent Americans with Disabilities Act standards.
| |
[Amended 12-9-1996 by Ord. No. 96-9]
The regulations contained herein shall apply in those areas identified as flood-prone in Chapter 275, Zoning. The Flood Insurance Rate Map (FIRM) shall be available in the Township Building for inspection. In regard to the adopted Floodplain Conservation District, the regulations contained herein shall apply to those areas defined and established as floodplain and not in conflict with the information provided in the Flood Insurance Study.
A.
The regulations contained herein are intended to conform to the requirements
of the National Flood Insurance Program, P.L. 93-234, and the Pennsylvania
Floodplain Management Act, P.L. 851, No. 166 of 1978,[1] and as either is amended. Furthermore, it is the purpose
of these regulations to:
(1)
Regulate the subdivision and development of floodplain areas in order
to promote the general health, welfare, and safety of the community.
(2)
Require that each subdivision lot or development site in floodplain
areas be provided with a safe building site with adequate access;
and that public facilities which serve such sites be designed and
installed to preclude flood damage at the time of initial construction.
(3)
Protect individuals from buying lands which are unsuitable for use
because of flood hazards by prohibiting the subdivision and development
of unprotected floodplain areas.
(4)
Maintain the certification of Marlborough Township and the eligibility
of the property owners in the Township for the benefits of the National
Flood Insurance Program (P.L. 90-448 and P.L. 93-234).
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Prospective developers shall consult with the Zoning Officer to make
a determination as to whether or not the proposed subdivision or land
development is located within an identified floodplain.
C.
Where not prohibited by this or any other codes or ordinances, land
located in floodplain may be subdivided or developed in accordance
with this and any other codes or ordinances regulating such development.
D.
The finished elevation of proposed streets within floodplain areas
shall be a minimum of two feet above the base flood elevation. Drainage
openings shall be sufficient to discharge flood flows without increasing
flood heights onto lands of other property owners.
E.
Storm drainage facilities shall be designed to convey the one-hundred-year
flow without risk to persons or property. The drainage system shall
ensure drainage at all points along streets, and ensure conveyance
of drainage away from buildings.
F.
The Board of Supervisors may require in a floodplain an underground
system to accommodate a one-hundred-year flood and a secondary surface
system to accommodate large, less frequent floods. Drainage plans
shall be consistent with local and regional drainage plans. The facilities
shall be designed to prevent the discharge of increased runoff onto
adjacent properties.
G.
All new or replacement sanitary sewer systems, whether public or
private, located in floodplain areas shall be floodproofed, and all
appurtenances thereto (including, but not limited to, pumping stations)
shall be floodproofed up to a point 1 1/2 feet above the base flood
elevation.
H.
All new or replacement water systems, whether public or private,
in floodplain areas, shall be floodproofed up to a point two feet
above the base flood elevation.
I.
All other new or replacement public or private utilities and facilities
in floodplain areas shall be elevated or floodproofed to a point two
feet above the base flood elevation.
J.
Waivers. Guidelines for relaxation from the requirements set forth
in this section are as follows:
(1)
A waiver shall not be issued within any designated regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
(2)
A waiver shall only be issued if there is:
(a)
A determination that failure to relax the requirements would
result in exceptional hardship to the applicant.
(b)
A determination that the relaxing of a requirement will not
result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(c)
A determination that relaxing of a requirement will not result
in any adverse impact on adjacent landowners either upstream or downstream.
(3)
A waiver shall only be issued upon a determination that the waiver
is the minimum necessary, considering the flood hazard, to afford
relief.
K.
Where the subdivision or land development lies partially or completely
in a floodplain, or where the subdivision or land development borders
on a floodplain, the plan shall include detailed information identifying
the following:
The length, width, and shape of blocks shall be guided by the
following:
B.
Respect for existing natural features which may constrain subdivision
or land development.
C.
Need to provide efficient, convenient and safe pedestrian and vehicular
circulation, including the reduction of intersections with arterial
streets.
D.
Suitability of lotting pattern and building sites created by the
blocks.
B.
Deep, narrow lots are to be avoided, except that lots for attached
dwelling units may receive special consideration.
C.
Wide, shallow lots are to be avoided.
D.
Every lot shall contain a building envelope suitable for the type(s)
of development proposed.
E.
Every lot shall have usable frontage along the right-of-way of a public street, in compliance with Chapter 275, Zoning. Lots in conservation subdivisions may front on a common green if access is provided to the rear from a service lane, if appropriate, as determined by the Board. Such lanes shall have a right-of-way of at least 20 feet; pavement width shall be at least 10 feet wide with three-foot grassed shoulder and no more than 12 feet wide with two-foot grassed shoulders.
[Amended 9-16-2009 by Ord. No. 09-9-1]
F.
Lot lines shall be drawn parallel, concentric, at right angles, or
radial to the right-of-way line whenever feasible and not otherwise
justifiable by existing, permanent, natural or man-made features.
All permanent and temporary cutting, filling, grading, regrading,
and/or other forms of earthmoving activities shall be known as "grading"
and shall be conducted only in compliance with the Township's
Engineering Standards and the following requirements:
A.
All grading shall be set back from property lines a sufficient distance
to prevent any adverse effects on adjacent properties. At a minimum,
this distance shall be five feet.
B.
Wherever grading will increase the volume or velocity of stormwater
flow toward a property line, the applicant shall install and maintain
drainage facilities sufficient to prevent adverse effects on the adjoining
property, in compliance with the Township's Engineering Standards.
The construction and operation of these drainage facilities shall
not cause any adverse effects on abutting properties.
C.
Along property lines, where grading creates an abrupt dropoff from
the abutting property, in contrast to a previously existing gradual
change, the applicant shall be required to install a fence or other
suitable protective barrier, at the discretion of the Board of Supervisors.
D.
A permit shall be required for grading operations. Permits shall
be issued by the Zoning Office upon recommendation of the Township
Engineer for each tract, lot, parcel, or site which comprises a separate
operation, unrelated to or not contiguous with nearby grading proposed
or performed by the applicant. However, a permit shall not be required
in the following situations:
(1)
For an excavation which does not exceed 20 cubic yards total material
removed.
(2)
For a fill which does not exceed 20 cubic yards of material deposited.
(3)
For an excavation below finished grade for basements and footings
for a single-family detached or two-family dwelling, swimming pool,
or underground structure authorized by building permits, excavation
for a driveway for a single-family detached or two-family dwelling,
or the regrading of such excavated materials into the site from which
they were excavated.
E.
A site-grading plan shall be required for all subdivision and land
developments as part of the preliminary plan application.
The items listed below shall be designed, constructed, developed,
installed, and/or maintained in conformance with the Township Engineering
Standards:
A.
Street and driveway paving.
B.
Curbing, sidewalks, and storm drainage related to or needed for streets
and driveways.
C.
Intersection radii for both curbs and rights-of-way.
D.
Erosion and sediment control.
E.
Stormwater runoff and other drainage facilities.
F.
Utilities.
G.
Sanitary sewer facilities.
H.
Public or centralized water supply.
I.
Fire hydrants.
J.
Bridges, culverts, dams, and/or other structures related to watercourses.
K.
All other items related to subdivision and/or land development for
which it is reasonable and prudent to require compliance with accepted
engineering principles and practices.
Sidewalks, curbs, and storm sewers shall be installed along
all proposed public streets, common driveways, and common parking
areas except when this requirement is waived at the discretion of
the Supervisors, upon recommendation of the Township Planning Commission
and Engineer. Engineering design and construction standards shall
be those contained in the Township Engineering Standards.
A.
Regardless of the small size of a land development or subdivision
proposal, sidewalks, curbs, and storm sewers shall be required wherever
they fill a gap in an existing network.
B.
If for any reason an interim waiver of these requirements is made, a sufficient guaranty shall be posted for the eventual installation of these items, subject to approval by the Supervisors, upon recommendation of the Township Engineer and Solicitor, in accordance with § 215-56 of this chapter.
C.
Sidewalks shall be provided in appropriate locations to provide safe
and efficient pedestrian access between parking areas and buildings.
D.
Additional sidewalks shall be required where deemed necessary by
the Supervisors to provide access to schools, churches, parks, community
facilities, and commercial or employment centers, and to provide necessary
pedestrian circulation within land development and/or subdivisions
where otherwise required sidewalks would not be sufficient for public
safety and convenience. Such additional sidewalks may be constructed
of alternative materials, in compliance with the Township Engineering
Standards.
E.
Sidewalks shall be designed and constructed in compliance with the
Township Engineering Standards.
F.
Driveway crossings shall be designed in compliance with the Township
Engineering Standards.
[Amended 6-9-2004 by Ord. No. 2004-04; 10-10-2007 by Ord. No.
07-10-2; 9-16-2009 by Ord. No. 09-9-1]
All land developments shall be required to install, maintain,
and guarantee plant materials as required herein for the visual and
other environmental benefits these plants will provide, as well as
for the specific benefits of buffering or screening, or otherwise
dividing spaces. A landscape plan prepared by a registered landscape
architect or other qualified landscape designer shall be submitted
as part of the preliminary plan submission.
A.
Conservation of existing vegetation. All subdivisions and land developments
shall be designed to minimize the removal and/or disturbance of healthy
trees, shrubs, and other vegetation on the site. It shall be incumbent
on the applicant to prove that the plan minimizes vegetation removal
and disturbance, given the permitted development proposed.
(1)
Preservation of existing vegetation.
(a)
Tree inventory.
[1]
An inventory of all trees six inches in caliper and larger on
the site of the proposed subdivision and/or land development shall
be conducted. The inventory shall include an identification of size,
species, and condition. The use of annotated aerial photographs at
a scale to include sufficient detail to allow the quantification of
trees may be used to show compliance with this requirement. This requirement
may also be satisfied by the use of multiple sample areas of no less
than 100 feet by 100 feet (10,000 square feet), each to be used to
estimate the total woodland tree count.
[2]
A calculation and estimate of existing trees to be removed shall
be performed before any clearing commences and shall be documented
on the submitted landscape plan.
(b)
Each freestanding mature tree, tree mass or woodland on the
site shall be designated "TO REMAIN" or "TO BE REMOVED" on the submitted
landscape plan. Existing trees that are relocated on site shall be
classified as existing trees "TO REMAIN." Special consideration shall
be given to mature specimen tree and ecologically significant woodlands.
Trees shall be considered "TO REMAIN" only if they meet all of the
following criteria:
[1]
The outermost branches of the trees are at least five feet or
the trunk of the tree at least 20 feet, whichever is greater, from
any proposed buildings, structures, paving, parking or utilities (overhead
or underground).
[2]
The outermost branches of the trees are at least five feet or
the trunk of the tree is about 20 feet, whichever is greater, from
any proposed changes in grade or drainage, such as excavation, mounding
or impoundments.
[3]
The trees are clear of any proposed sight triangles and do not,
by their location or apparent health, pose any undue threat to the
health, safety and welfare of the community.
[4]
The drainage pattern around the preserved vegetation is maintained.
[5]
Sediment and erosion control measures are installed to prevent
the accumulation of silt on the root zone of the preserved vegetation.
(c)
Disturbance allowance.
[1]
Any subdivision or land development proposal which will result in the destruction of more than 25% of the existing trees six inches' diameter at breast height or greater on a lot shall replace these trees according to Subsection A(4) below. For subdivision or land development applications that are a cluster development or utilizing a subdivision design that does not propose individual lots, then this requirement shall apply to the total land area involved in the subdivision or land development.
[2]
No more than 50% of the total acreage containing woodlands on
a site shall be regraded, cleared, built upon or otherwise altered,
unless undertaken as an approved tree-harvesting operation conducted
in compliance with a required woodland management plan. This percentage
shall apply on a per-lot basis. For subdivisions or land developments
in a zoning district with a greater than 50% maximum impervious coverage
allowance, then the impervious coverage standard will apply. Also,
for subdivision or land development applications that are a cluster
development or utilizing a subdivision design that does not propose
individual lots, then the maximum woodland removal requirement shall
apply to the total land area involved in the subdivision or land development.
(d)
Removal or disturbance of vegetation in environmentally sensitive
areas, including wetlands, floodplains, steep slopes, riparian corridors,
Pennsylvania Natural Diversity Inventory (PNDI) wildlife habitats,
and ecologically significant woodlands, shall be minimized.
(e)
The design of a proposed subdivision or land development shall
to the greatest extent possible preserve the contiguity of existing
woodlands on the site with surrounding lands to preserve continuous
woodland corridors and allow for the normal movement, dispersion and
migration of wildlife.
(2)
Protection of existing vegetation. Existing vegetation designated "TO REMAIN" in accordance with the standards of Subsection A(1)(a) above shall be identified in the field prior to any clearing and shall be physically protected throughout the construction process. A temporary, sturdy physical barrier, such as a snow fence, shall be erected a minimum of one foot outside the dripline or a minimum of 20 feet from the tree's trunk, whichever is greater, on all sides of freestanding trees, tree masses or woodlands prior to major clearing or construction. The barrier shall be shown on the erosion and sedimentation control plan and the landscape plan. Reference to the installation of tree protection should be included in the sequence of construction notes to insure incorporation of tree protection before the earliest stages of site disturbance.
(3)
Credit for preserved trees. Other landscape requirements of this chapter may be met, whenever possible, by preserving existing trees. Credit for existing trees which are to "TO REMAIN," as determined in Subsection A(1)(a) above, to offset other requirements of this chapter is to be calculated as follows:
|
Preserved Trees
(dbh)
(inches)
|
Number of Trees Credited
(2 1/2 inches' caliper)
| |
|---|---|---|
|
36 or greater
|
8 trees
| |
|
18 to 35
|
6 trees
| |
|
12 to 17
|
4 trees
| |
|
8 to 11
|
2 trees
| |
|
6 to 7
|
1 tree
|
(4)
Removal and replacement of existing trees.
(a)
Existing vegetation designated "TO BE REMOVED" in accordance with the standards of Subsection A(1)(a) above, over the 25% permitted in Subsection A(1)(b)[1], shall be replaced according to the following standards:
[1]
Each existing tree destroyed six up to eight inches dbh must
be replaced with one or more trees whose total trunk diameter (measured
by caliper as nursery stock) equals the total inches in dbh of the
tree(s) removed.
[2]
Each tree destroyed eight up to 18 inches dbh shall be replaced
with one tree of not less than 2 1/2 inches in caliper at the
time of planting.
[3]
Each tree of 18 inches or greater dbh shall be replaced with
one or more trees whose total trunk diameter (measured by caliper
as nursery stock) equals the total inches in dbh of the tree removed.
(b)
A 10% reduction in the required total caliper of replacement
trees can be granted to an applicant who demonstrates through a site
analysis that the proposed development design and corresponding tree
replacement proposal maximizes and enhances a site's ecological
health and functions. This reduction is at the sole discretion of
the Board of Supervisors based on any reviews by a landscape architect,
arborist, or other professional deemed necessary to determine the
benefits of the applicant's proposal. In addition, this reduction
would not lessen the quantity of required trees, only the required
caliper of those trees.
(d)
Replacement trees shall be planted on the site to mitigate for the existing trees removed, in addition to other landscaping requirements. [See Subsection A(3) above for exceptions.] The replacement trees shall be identified as such on the plant schedule included on the submitted landscape plan.
(e)
If the site does not reasonably contain enough room for the
required replacement trees, the governing body may allow the developer
to locate some or all of the replacement trees on public lands or
accept an equivalent fee-in-lieu of plantings, at their discretion.
(f)
Calculation and estimation of existing trees shall be performed
before any clearing commences and shall be documented on the plan.
B.
Street trees.
(1)
Street trees shall be required:
(a)
Along all existing streets when they abut or lie within the
proposed subdivision or land development;
(b)
Along all proposed streets;
(c)
Along access driveways which serve five or more residential
dwelling units;
(d)
Along major walkways through parking lots and between nonresidential
buildings, as recommended by the Township Planning Commission.
(2)
Street trees shall be provided by the subdivider or developer and
shall meet the following standards:
(a)
Trees shall be planted a minimum distance of five feet and a
maximum distance of 15 feet from the ultimate right-of-way line on
private land, toward the proposed development. However, in certain
cases, as follows, the Board of Supervisors may permit trees to be
planted within the ultimate right-of-way, upon the recommendation
of the Planning Commission and landscape architect:
(b)
Trees shall be so located so as not to interfere with the installation
and maintenance of sidewalks and utilities. Trees shall be planted
a minimum distance of three feet from curbs and sidewalks, 15 feet
to overhead utilities, and six feet from underground utilities.
(c)
Trees shall be planted at a ratio of one tree per 50 linear
feet of frontage. Street trees shall be spaced not less than 10 feet
or more than 50 feet apart, and may be clustered together to promote
better growth and allow for flexibility in landscaped design.
(d)
Trees shall be a minimum of 2 1/2 inches in caliper when
planted.
C.
Buffer and screen planting. All nonresidential proposals abutting
existing residential uses or residential zones shall provide landscaped
buffers along adjacent property lines for the purposes of visually
and functionally separating the nonresidential area from the residential
area.
(1)
Along all property lines adjacent to residential uses or zones, a
twenty-five-foot buffer yard shall be set aside for planting purposes
only and shall not contain buildings, parking, utilities, or other
accessory uses.
(2)
A minimum planting quantity of one evergreen tree (see plant list)
for every 10 feet of affected property line shall be required within
the buffer yard. Plantings are encouraged to be informally grouped
within the entire length and width of the buffer yard. No tree shall
be less than 10 feet or more than 35 feet from any other tree in the
buffer yard.
(3)
Large evergreen shrubs (see plant list) may be substituted for evergreen
trees at the rate of two shrubs for each required tree upon the recommendation
of the Planning Commission and approval of the Board of Supervisors.
(4)
Earth berms may be used in conjunction with the required plant material
and may substitute for some required plant material at the discretion
of the Board of Supervisors. Berms shall have a maximum slope of 4:1.
(5)
Any existing plant material within the proposed buffer yard suitable
for buffering purposes as determined by the Township shall remain
and may substitute for required new plantings, at the discretion of
the Board of Supervisors.
(6)
A variety of tree and shrub species is encouraged.
D.
Light buffer planting. All multifamily residential or single-family
attached residential shall have landscaping buffer areas according
to the following:
(1)
Along all property lines of the development, a twenty-five-foot buffer
yard shall be set aside for planting purposes only and shall not contain
buildings, parking, utilities, or other accessory uses.
(2)
A minimum planting quantity of one canopy tree and two flowering
or evergreen trees for each 100 feet of property line. Plantings are
encouraged to be informally grouped within the entire length and width
of the buffer yard.
(3)
Large flowering shrubs may be substituted for flowering trees or
evergreen trees at a rate of two for one.
(4)
Any existing plant material within the proposed buffer yard suitable
for buffering purposes as determined by the Township shall remain
and may substitute for required new plantings, at the discretion of
the Board of Supervisors.
E.
Heavy buffer planting. All uses requiring a heavy buffer planting shall provide a minimum planting quantity of one canopy tree and two flowering trees for each 100 feet of property line in addition to the requirements of Subsection C of this section, regardless of the adjacent use.
F.
Landscape standards for the Riparian Corridor Conservation District. In areas within the Riparian Corridor Conservation District, as defined in Chapter 275, Zoning, of the Code of the Township of Marlborough, the edge-of-water features and stream corridors shall be in forest cover to further the ecological and environmental benefits, as stated in the Riparian Corridor Conservation District (RCC). To promote reestablishment of forest cover and woodland habitat, new tree planting shall be implemented in Zone 1 wherever existing trees do not meet the minimum tree planting requirements.
(1)
Planting requirements.
(a)
Within the area defined as Zone 1 in the RCC, new trees shall
be planted at a minimum rate of one tree per 225 square feet of Zone
1 area. Such trees shall be planted in staggered rows or an equivalent
informal arrangement.
(b)
New trees shall be a variety of sizes, ranging from a minimum
four-to-five-foot branched whip to an approximately one-and-one-half-inch
caliper balled and burlapped planting stock.
(c)
New tree plantings shall be composed of native species.
(d)
Tree plantings shall be located along the stream bank to provide
shade for the stream, soil erosion control and stormwater benefits.
(2)
Existing trees within Zone 1 shall be preserved and retained. Existing
tree cover should be surveyed and inventoried to assess the need for
any new plantings.
The lists in this section shall be used for all planting required
by this chapter. Alternative plant materials may be used only with
the approval of the Board of Supervisors, after sufficient evidence
is submitted regarding their suitability for their purposes and locations.
All plant material shall be spaced a minimum of 10 feet apart.
A.
Shade or canopy trees suitable for street trees or parking lots as
well as for buffers and screens:
|
Acer pseudoplatanus
|
Plane tree
| |
|
Acer rubrum
|
Red maple
| |
|
Carpinus caroliniana
|
Ironwood (native)
| |
|
Fraxinus pennsylvanica lanceolata
|
"Marshall's Seedless"
| |
|
cv Marshall's seedless
|
Ash (native)
| |
|
Corylus columa
|
Turkish Filbert
| |
|
Gleditsia triacanthos, inermis
|
Thornless Honeylocust
| |
|
Koelreuteria paniculata
|
Golden Rain Tree (native)
| |
|
Nyssa sylvatica
|
Black Gum
| |
|
Ostrya virginlana
|
Hop Hornbeam (native)
| |
|
Oxydendrum arboreum
|
Sourwood (native)
| |
|
Platanus occidentalus
|
Sycamore
| |
|
Quercus bicolor
|
Swamp White Oak (native)
| |
|
Quercus borealis
|
Scarlet Oak (native)
| |
|
Quercus imbricaria
|
Shingle Oak (native)
| |
|
Quercus marcrocarpa
|
Bur Oak (native)
| |
|
Quercus phellos
|
Willow Oak
| |
|
Quercus pinus
|
Chestnut Oak (native)
| |
|
Quercus rubra
|
Red Oak
| |
|
Robinia Pseudoacacia
|
Black Locust
| |
|
Sophora japonica
|
Japanese Pagodatree
| |
|
Taxodium distichum
|
Bald Cypress (native)
| |
|
Tilia americana
|
American Linden
| |
|
Tilia cordata
|
Little Leaf Linden
| |
|
Tilia tomenlosa
|
—
| |
|
Ulmus parvifolla
|
Chinese Lacebark Elm
| |
|
Zelkova serrata
|
Japanese Zelkova
|
B.
Shade or canopy trees suitable for property line buffers and nonvehicular
use areas only:
|
Acer saccharum
|
Sugar Maple
| |
|
Betula alleghaniensis
|
Yellow Birch
| |
|
Betula lenta
|
Sweet Birch
| |
|
Carya ovata
|
Shagbark Hickory
| |
|
Fagus grandifolia
|
American Beech
| |
|
Fagus sylvatica
|
European Beech
| |
|
Fraxinus americana
|
White Ash
| |
|
Ginkgo biloba
|
Ginkgo (male only)
| |
|
Liquidambar styraciflua
|
Sweet Gum
| |
|
Liriodendron tulipifera
|
Tuliptree
| |
|
Phellodendron amurense
|
Yellow Wood
| |
|
Platanus acerifolia
|
—
| |
|
Quercus alba
|
White Oak
| |
|
Quercus coccinea
|
Scarlet Oak
| |
|
Quercus palustris
|
Pin Oak
| |
|
Quercus vellutina
|
Black Oak
| |
|
Sassafras albidum
|
Sassafras
|
C.
Evergreen shrubs suitable for site element screens:
|
Azalea evergreen species (must reach three-foot height)
|
Azalea
| |
|
Chamaecyparis obtusa
|
Chamaecyparis
| |
|
Chamaecyparis pisifera
|
Chamaecyparis
| |
|
Ilex crenata "Hetzi"
|
Japanese Holly
| |
|
Ilex glabra
|
Inkberry
| |
|
Ilex mesevvea
|
Blue Holly Series
| |
|
Ilex verticillata
|
Winterberry
| |
|
Juniperis chinensis
|
Hetz Blue Juniper
| |
|
"Hetzii Cdauca"
|
—
| |
|
Juniperis virginiana
|
Eastern Red Cedar
| |
|
Kalmia latifolia and cvs
|
Mountain Laurel
| |
|
Leucothoe fontanesiana
|
Leucothoe
| |
|
Pieris floribunda
|
Mountain Andromeda
| |
|
Pieris japonica
|
Japanese Andromeda
| |
|
Rhododendron sp.
|
Various Large Rhododendrons
| |
|
Taxus sp.
|
Yew
| |
|
Thuja sp.
|
Arborvitae
|
D.
Evergreen trees suitable for property line buffers or site element
screens:
|
Abies concolor
|
White Fir
| |
|
Ilex opaca
|
American Holly
| |
|
Picea abies
|
Norway Spruce
| |
|
Picea omorika
|
Siberian Spruce
| |
|
Picea pungens
|
Colorado Spruce
| |
|
Pinus strobus
|
White Pine
| |
|
Pinus thunbergii
|
Japanese Black Pine
| |
|
Pseudotsuga menziesii
|
Douglas Fir
| |
|
Tsuga canadensis
|
Canadian Hemlock
| |
|
Tsuga caroliniana
|
Carolina Hemlock
|
E.
Deciduous or evergreen shrubs suitable for clipped hedges in property
line buffers or site element screens:
|
Acanthopanax pentaphyllus*
|
Five Leaf Aralia*
| |
|
Aronia arbutifolia
|
Chokeberry
| |
|
Berberis sp.*
|
Barberry Sp.*
| |
|
Buxus microphylla (and vars.)
|
Korean Boxwood
| |
|
Cornus mas
|
Cornelian Cherry
| |
|
Cotoneaster salicifolia
|
Willowleaf Cotoneaster
| |
|
Euonymous alatus
|
Winged Euonymous
| |
|
Euonymous alatus compactus
|
Dwarf Winged Euonymous
| |
|
Euonymous fortuneii vegetus sarcoxie
|
Big Leaf Wintercreeper
| |
|
Ilex crenata compacta
|
Compact Japanese Holly
| |
|
Ilex crenata glabra
|
Inkberry
| |
|
Ilex crenata hetzi
|
Hetz Holly
| |
|
Juniperus chinensis glauca hetzi
|
Hetz Blue Juniper
| |
|
Juniperus chinensis pfitzeriana compacta
|
Compact Pfitzer Juniper
| |
|
Ligustrum ibolium
|
Ibolium Privet
| |
|
Lonicera fragrantissima
|
Winter Honeysuckle
| |
|
Philadelphus lemoinei
|
Mock Orange
| |
|
Ribes alpinum
|
Currant
| |
|
Taxus baccata
|
English Yew
| |
|
Taxus brownii
|
Brown's Yew
| |
|
Taxus canadensis
|
Canada Yew
| |
|
Taxus densiformis
|
Dense Yew
| |
|
Taxus media Hatfieldi
|
Hatfield Yew
| |
|
Viburnum dentatum
|
Arrowwood
| |
|
Viburnum lentago
|
Nannyberry
| |
|
Viburnum opulus
|
European Cranberry Bush
| |
|
Viburnum prunifolium
|
Blackhaw
|
|
*
|
This plant has thorns and may not be suitable for areas near
pedestrians or where blowing trash may be a problem.
|
F.
Ornamental trees suitable for property line buffers or site element
screens:
|
Amelanchier canadensis
|
Shadbush Serviceberry
| |
|
Cercis canadensis
|
Red Bud
| |
|
Chionanthus virginicus
|
Fringetree
| |
|
Cornus florida
|
Flowering Dogwood
| |
|
Cornus kousa
|
Japanese Dogwood
| |
|
Cornus mas
|
Cornelian Cherry
| |
|
Crataegus cv. Toba
|
Toba Hawthorn
| |
|
Crataegus mollis
|
Downy Hawthorn
| |
|
Crataegus oxycantha
|
English Hawthorn
| |
|
Crataegus phaenopyrum
|
Washington Hawthorn
| |
|
Hamamelis virginiana
|
Witch Hazel
| |
|
Koelreuteria paniculata
|
Golden Raintree
| |
|
Laburnum vossi
|
Goldenchain
| |
|
Magnolia soulangeana
|
Saucer Magnolia
| |
|
Magnolia virginiana
|
Sweetbay Magnolia
| |
|
Malus sp.
|
Crab Apple Species
| |
|
Oxydendrum arboreum
|
Sourwood
| |
|
Prunus sargentii
|
Sargent Cherry
| |
|
Prunus serrulata cv. kwanzan
|
Kwanzan Cherry
| |
|
Pyrus calleryana cv. Bradford
|
Bradford Pear
| |
|
Pyrus calleryana cv. Redspire
|
Redspire Pear
| |
|
Rhus glabra
|
Smooth Sumac
| |
|
Rhus typhina
|
Staghorn Surnac
| |
|
Sorbus aucuparia
|
European Mountain Ash
| |
|
Syringa amurensis japonica
|
Japanese Tree Lilac
| |
|
Tyrax japonica
|
Japanese Snowbell
|
G.
Large deciduous shrubs suitable for use in property line buffers
or site element screen (not clipped hedges) (mature height between
five and 15 feet):
|
Aronia arbutifolia
|
Black Chokeberry
| |
|
Calycanthus floridus
|
Sweet Shrub
| |
|
Cephalanthus occidentalis
|
Buttonbus
| |
|
Clethra acuminata
|
Summersweet
| |
|
Cornus serica
|
Red Osier Dogwood
| |
|
Enkianthus campanulatus
|
Redvien Enkianthus
| |
|
Euonynonous alatus
|
Burning Bush
| |
|
Forsythia sp.
|
Forsythia
| |
|
Lonicera spp. (shrubbery varieties)
|
Honeysuckle Bush
| |
|
Philadelphus spp.
|
Mock Orange
| |
|
Physocarpus opulifolius
|
Common Ninebark
| |
|
Sambucus canadensis
|
Elderberry
| |
|
Spirea nipponica
|
Snow Mound Spirea
| |
|
Vaccinium corymbosum
|
Blueberry
| |
|
Viburnum acerifolium
|
Maple Leaf Viburnum
| |
|
Viburnum dentatum
|
Arrow Wood
| |
|
Viburnum prunifolium
|
Black Haw
| |
|
Viburnum spp.
|
Other Large Viburnums
| |
|
Viburnum trilobum
|
American Cranberry
|
H.
Ground cover plant material suitable for naturalized detention basins
(Source: Brandywine Conservancy).
(1)
Wildflowers for wet meadows:
|
Asclepias incarnata
|
Swamp Milkweed
| |
|
Aster novae-angliae
|
New England Aster
| |
|
Aster puniceus
|
Purple-Stemmed Aster
| |
|
Aster laevis
|
Smooth Aster
| |
|
Bidens aristosa
|
Bidens or Tickseed Sunflower
| |
|
Bidens polylepsis
|
Bidens or Tickseed Sunflower
| |
|
Eupatorium coelestinum
|
Mistflower
| |
|
Eupatorium fistulosum
|
Holly Joe-Pye Weed
| |
|
Rupatorium dubium
|
Joe-Pye Weed
| |
|
Helenium nudiflorum
|
Purple-Headed Sneezeweed
| |
|
Helianthus giganteus
|
Giant Sunflower
| |
|
Hesperis matronalis
|
Dame's Rocket
| |
|
Hibiscus palustris
|
Swamp Rose Mallow
| |
|
Impatiens capensis
|
Jewelweed
| |
|
Impatiens pallida
|
Jewelweed
| |
|
Iris pseudacorus
|
Yellow Iris
| |
|
Lilium canadense
|
Canada Lily
| |
|
Lobelia cardinalis
|
Cardinal Flower
| |
|
Lobelia siphilitica
|
Blue Lobelia
| |
|
Ludwigia alternifolia
|
Seedbox
| |
|
Monarda didyma
|
Bee-Balm
| |
|
Penstemon digitalis
|
Beardtongue
| |
|
Pycnanthernum virginianum
|
Mountain Mint
| |
|
Rudbeckia laciniata
|
Green-Headed Coneflower
| |
|
Rudbeckia triloba
|
Brown-Eyed Susan
| |
|
Senecio aureus
|
Golden Ragwort
| |
|
Solidago gigantea
|
Late Goldenrod
| |
|
S. graminifolia
|
Lane-Leaved Goldenrod
| |
|
Zizia aurea
|
Golden Alexanders
|
(2)
Wildflowers for wet edges.
|
Bidens aristosa
|
Bidens or Tickseed Sunflower
| |
|
Bidens polyepis
|
Bidens or Tickseed Sunflower
| |
|
Hibiscus palustris
|
Swamp Rose Mallow
| |
|
Iris pseudacorus
|
Yellow Iris
| |
|
Iris versicolor
|
Blue Flag
| |
|
Lobelia cardinalis
|
Cardinal Flower
| |
|
Lobelia siphilitica
|
Blue Lobelia
| |
|
Monarda didyma
|
Bee-Balm
| |
|
Scirpus acustus
|
Hardstem Bulrush
| |
|
Typha angustifolia
|
Narrow-Leaf Cattail
| |
|
Typha latifolia
|
Common Cattail
|
(3)
Grasses for wet meadows.
|
Panlcum virgatum
|
Switch Grass
| |
|
Sorghastrum nutans
|
Indian Grass
| |
|
Tridens flavus
|
Red Top
| |
|
Phalaris arundinaceae
|
Reed Canary Grass
|
(4)
Wildflowers and grasses for dry meadows.
|
Andropogon gerardii
|
Big Bluestem Grass
| |
|
Andropogon scoparius
|
Little Bluestem Grass
| |
|
Asclepias tuberosa
|
Butterfly Weed
| |
|
Aster pilosus
|
Aster
| |
|
Aster simplex
|
White Aster
| |
|
Elymus canadensis
|
Canada Wild Rye
| |
|
Monarda fistulosa
|
Wild Bergamot
| |
|
Panicum virgatum
|
Switch Grass
| |
|
Pycnanthemum tenuifolium
|
Slender Mountain Mint
| |
|
Rudbeckia hirta
|
Black-Eyed Susan
| |
|
Solidago nemoralis
|
Old Field Goldenrod
| |
|
Solidago speclosa
|
Showy Goldenrod
| |
|
Sorghastrum nutans
|
Indian Grass
| |
|
Tridens falvus
|
Red Top
| |
|
Veronicastrum virginicum
|
Culver's Root
|
A.
No topsoil shall be removed from the site or used as spoil without
a permit issued by the Township.
B.
Applicants shall be required to stockpile the top six inches of soil
that existed naturally in the site prior to subdivision or land development.
C.
The stockpile of soil shall be redistributed uniformly on the site
following construction, to a minimum depth of six inches.
D.
All disturbed areas of the site shall be stabilized and protected
against erosion in compliance with the standard practices acceptable
to the Montgomery County Conservation District.
E.
Any topsoil in excess of the six-inch depth that existed prior to
subdivision or land development may be stockpiled separately for other
uses by the applicant.
[1]
Editor's Note: Original Section 422, Natural or historic
feature preservation, which immediately preceded this section, was
repealed 9-16-2009 by Ord. No. 09-9-1.
Items to be preserved shall be protected during all phases of
construction by fencing or other means from the effects of construction
equipment operation, grading, and any other activity which could endanger
the preserved items.
A.
No proposal will be approved with a property line extending through any portion of an existing building, except where that property line follows a party wall separating semidetached or attached units, in accordance with Chapter 275, Zoning.
B.
When existing buildings are retained:
(1)
Minimum building setbacks shall be met or exceeded, in respect to
all new lot lines created, for the district in which the buildings
are located, even if this results in a lot area or dimensions in excess
of the otherwise applicable minimums.
(2)
Building setbacks in excess of the applicable minimums are encouraged,
in respect to all new lot lines created, when the height and/or bulk
of the existing building significantly exceeds that of proposed, abutting
development. For tall buildings, a setback equal to the height of
the building is suggested as a minimum. For proportionally wide or
deep buildings, a setback equal to 1/2 the width or depth of the building
is suggested as a minimum.
(3)
Rundown buildings shall be rehabilitated on the exterior to conform
in quality with surrounding new development.
(4)
(5)
Additions to retained buildings shall conform in all respects to the requirements of Chapter 275, Zoning, applicable to the district in which the building is located and shall be in harmony with the character, design, building materials, and other architectural features of the building.
(6)
Historical or culturally significant buildings shall retain their
respective characters, to the greatest extent practical.
(7)
New buildings abutting the retained building should reflect their
respective characters, to the greatest extent practical.
(8)
In nonresidential districts, retained buildings shall be provided with adequate parking, service, and landscaped areas in accordance with Chapter 275, Zoning, provisions for the intended use. If the applicant cannot specify the intended use, then the most land consumptive provisions shall be applied, to ensure sufficient land area for uses permitted in that district.
(9)
No plan approval will be granted to a subdivision or a land development
unless the above requirements are complied with, and meet the satisfaction
of the Township Board of Supervisors, upon recommendation of the Township
Planning Commission and Engineer.
C.
When existing buildings will be removed:
(1)
The plan must show the location and include a brief description of
the building(s) to be removed.
(2)
Plan approval will be granted upon written agreement to the expeditious removal of buildings intended for removal, in conformance with applicable Township requirements and procedures regarding demolition of buildings and disposition of the reusable parts and/or disposal of the rubble. If the building will not be removed immediately, a financial guarantee must be posed for its removal, in compliance with § 215-56 herein.
Applicants shall provide a reliable, safe, and adequate water
supply to support the intended uses approved as part of a development
plan.
A.
If water is to be provided by means other than private wells owned
and maintained by the individual owners of lots within the subdivision
or development, applicants shall present evidence to the Board of
Supervisors that the subdivision or development is to be supplied
by a certified public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation, authority, or utility.
A copy of a Certificate of Public Convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement, or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable evidence.
B.
If private wells owned and maintained by the individual owners of
lots within the subdivision or development will be used, applicants
shall certify their adequacy, in writing, to the Board of Supervisors.
[Amended 9-16-2009 by Ord. No. 09-9-1]
Wastewater from a subdivision or land development shall be disposed
of in an environmentally safe manner through the use of individual
on-lot wastewater systems, community wastewater systems or central
sewer systems. The selected system shall be approved by the Pennsylvania
Department of Environmental Protection (DEP) and the Montgomery County
Department of Health, as necessary.
A.
Individual on-lot wastewater disposal systems. For single-family
dwellings on lots of one acre or larger, an individual on-lot wastewater
disposal system shall be the preferred wastewater disposal technology,
site conditions permitting, unless specified otherwise by the Township
Engineer or official Township Sewage Facilities Plan. Backup systems
shall be installed as required by DEP.
(1)
In a conservation subdivision permitted in § 275-95A and Article XXVII of Chapter 275, Zoning, the absorption field for individual sewage disposal systems serving the dwelling units may, upon recommendation of the Township Engineer, be located in the greenway land, with the treatment tank located on the lot.
(a)
The point of the absorption field that is closest to the boundary
of the lot it serves shall be located not farther than 200 feet from
the boundary of the lot.
(b)
No part of an individual on-lot wastewater disposal system,
whether located on a private lot or in the greenway land, shall cross
that of another system.
(c)
The applicant shall be responsible for securing and recording
all maintenance and access easements necessitated as a result of this
design alternative.
(d)
Such easement shall be marked with permanent physical markers.
(2)
Such private facilities must be installed by the subdivider, developer,
or builder under the direct supervision of DEP or the County Health
Department, as appropriate.
B.
Community wastewater system. All preliminary subdivision and land
development plan applications involving a proposed community wastewater
system shall include a Wastewater Treatment and Disposal Feasibility
Report containing the following information:
(1)
The report shall include the complete Sewage Facilities Planning
Module as provided by the Pennsylvania Department of Environmental
Protection, including complete site testing information.
(2)
The report shall demonstrate the adherence of the plan to all relevant
portions of the Township Code.
(3)
The report shall begin the evaluation of alternatives with technology
below and continue the evaluation in sequence. The most preferred
feasible alternative, as selected by the Township, shall be the technology
selected for use.
(a)
Alternatives shall be evaluated in the following order of preference,
as established below:
[1]
Lagoon treatment system with spray irrigation disposal;
[2]
Lagoon treatment system with drip irrigation disposal;
[3]
Tertiary treatment with membrane filtration system with spray
irrigation disposal;
[4]
Tertiary treatment with membrane filtration system with drip
irrigation disposal;
[5]
Aerobic treatment with spray irrigation disposal;
[6]
Aerobic treatment unit with drip irrigation disposal;
[7]
Septic tank with sand filter treatment followed by subsurface
disposal;
[8]
Tertiary treatment with membrane filtration system with subsurface
disposal;
[9]
Aerobic treatment with sand filter followed by subsurface disposal;
[10]
Connection to existing public sewage facility;
[11]
Central holding tank (for existing uses only);
[12]
Other wastewater options.
(b)
When evaluating the feasibility of the preferred alternatives,
a combination of options may be required. For example, if a site is
capable of disposing of only 50% of its effluent via land application
and the only other feasible option is connection to an existing public
facility, it is required that the greatest amount possible be disposed
of by the preferred land application disposal option and only the
excess be disposed of via the less-preferred option.
(c)
Lagoons are the preferred method of treatment and must be used
wherever possible. The lagoons shall be designed as deep aerated cells
with bottom aeration.
(4)
The report shall evaluate the alternatives considering the Township
wastewater policies as established in the official Sewage Facilities
Plan and shall state how the selected alternative will support the
stated policies.
(5)
The Township reserves the right to require the applicant, or to hire
a consultant at the applicant's expense, to evaluate additional
wastewater treatment and disposal alternatives in addition to the
one proposed to determine if a technology more consistent with Township
wastewater and land use policies is feasible.
(6)
The Township reserves the right to require the implementation of
a system other than the one proposed by the applicant if it results
in long-term environmental protection and economic savings to the
Township and/or system users.
(7)
The report shall include a detailed breakdown of operation and maintenance
costs for the proposed system to demonstrate the estimated yearly
cost per unit served. The operation and maintenance budget shall include
a capital reserve component to provide for replacement of major equipment.
(8)
The report shall be prepared by a registered professional engineer
and be submitted with the preliminary plan for review and recommendation
by the Township Engineer or other consultant as selected by the Township.
(9)
Where a community wastewater system utilizing surface or subsurface
disposal of wastewater effluent is proposed, hydrogeologic and permeability
testing shall be required as part of the report.
(10)
The report shall contain sufficient engineering and cost data,
evaluations and recommendations sufficient to enable the Township
to evaluate the reasons for or against providing the subdivision or
land development with the various means for wastewater treatment and
disposal considered and ultimately selected.
C.
Central sanitary sewer systems. In accordance with the Comprehensive
Plan, sanitary sewers shall be installed and connected to an existing
public sewage facility, whenever practicable, following review of
plans and approval by DEP and the Township authority. In areas not
presently served by central sanitary sewers, appropriate sewage disposal
must be provided in accordance with DEP regulations and, in addition,
the installation and capping of sanitary sewer mains and house connections
may be required if review and study by the Township indicates that
extension of sanitary sewers to serve the property subdivided appears
probable or necessary to protect public health.
D.
Capped sewers. When public sewers are scheduled to be available within
10 years adjacent to the proposed land development or subdivision,
the applicant shall install capped sewers.
Trash and recyclable storage areas shall be developed as follows:
A.
Design.
(1)
All trash collection equipment shall be placed within enclosures.
Enclosures shall be at least large enough to adequately contain all
trash and recyclable material containers.
(2)
Generally, the sizing and type of storage containers will depend
upon the amount of trash and recyclables expected to be generated
in the buildings they service. Enclosures shall be six feet high or
at least one foot higher than the proposed collection container. Enclosures
shall be made of durable material including masonry blocks or steel-reinforced
wood or plastic fencing. In most cases, garden-type fencing or landscaping
is not durable enough.
(3)
The entrance to the enclosure shall be at least 10 feet wide to accommodate
front-loading trucks. Gates placed on the entrance shall be durable
and equipped with piston-type bolts to secure gates in both a closed
and open position.
(4)
The trash storage areas shall be placed on a concrete pad. The dimensions
of the pad are dependent on the number and size of proposed containers.
Ideally, the pad should extend six to 10 feet in front of where the
proposed container is to be placed to support the front wheels of
the trash truck servicing the site. The area above the container shall
be free of obstructions. Generally, a fifteen-foot clearance above
the storage area is sufficient.
B.
Locations.
(1)
In locating a trash storage area, several objectives should be balanced,
including spatial demands, distance from source of trash generation,
setback from adjoining property, and access for disposal trucks.
(2)
Trash storage may be placed near building service entrances or loading
docks. In multifamily or condominium developments with centralized
waste storage, containers may be located in an area which is convenient
to each grouping of 10 to 15 units.
(3)
Spatial consideration (i.e., loss of parking area or loading space)
is important. An access lane of 100 feet must be provided for trash
storage areas.
(4)
During the servicing of these containers (often up to five minutes),
it is important that internal circulation at the site is not impeded.
Trash containers ideally should be within a building setback in a
given zoning district or at a minimum shall observe the setback for
an accessory structure.
C.
Operations. Trash storage containers should be serviced at least
once a week. Recycling containers can be serviced at a less frequent
interval. If a dumpster contains food, it shall be serviced every
three days. A storage container shall have tight-fitting lids, secured
at all times, and be leak free. It shall also be cleaned out at least
two times a year.
[Amended 4-11-2007 by Ord. No. 07-04-03; 9-16-2007 by Ord. No.
09-9-1]
When required by Chapter 275, Zoning, applicants shall provide common open space in conformance with the standards of this section. This section shall not apply to greenway land in conservation subdivisions as permitted under Article XXVII in Chapter 275, Zoning.
A.
BASKETBALL COURT
COMMON OPEN SPACE
(1)
(2)
PLAYFIELD
SWIMMING POOL
TENNIS COURT
TOT LOT
VIEWSHED
Definitions. The following definitions apply to the common open space
requirements in this section:
A basketball facility including paved, striped court area
of at least high school standard size, with posts, backboards, and
baskets at both ends of the court.
An area of land and/or water used for recreation, resource protection,
and buffers and restricted for such uses for residents of a development
and possibly for the general public.
Common open space does not include land occupied by buildings, roads, or road right-of-way; nor does it include the yards or lots of residential dwelling units or parking areas as required by Chapter 275, Zoning. Common open space shall be left in a natural state except in the case of recreation uses, which may contain impervious surface. Also referred to as "open space."
A common area within a subdivision or land development for
neighborhood residents and possibly the general public to use for
informal, active recreation purposes such as ball games and other
activities requiring a large lawn area, away from homes or other buildings.
A swimming facility including, at a minimum, a pool, surrounding
paved deck, lawn area, lifeguard and rest room facilities, and applicable
mechanical equipment.
A tennis facility including paved, standard sized and striped
court area, posts, net and fencing around its perimeter.
A confined, developed, neighborhood play area primarily for
use by preschool children under the supervision of parents or guardians.
The viewing area readily perceived by the observer from a
certain location or series of locations, commonly delineated by visual
accents such as, but not limited to, treelines or ridges, geologic
features, historic structures, stone walls, and watercourses.
B.
Common open space design requirements. Permanently preserved open
space shall:
(1)
Be designed as a continuous system of usable areas, interspersed
among groupings of residential dwelling units, wherever practicable.
(2)
Be interconnected with common open space areas on abutting parcels
wherever possible.
(3)
Be provided with safe and convenient access by adjoining public road
frontage, other rights-of-way or easements, and be capable of accommodating
pedestrian, bicycle, and maintenance vehicle traffic where necessary.
(4)
Preserve scenic viewsheds along roads and from residential dwelling
units whenever possible.
(5)
Provide land suitable and appropriate for the type and amount of
recreation facilities required.
C.
Recreation facility requirements. The following table lists the recreation
facilities required by this section:
|
Total Number of Lots/Dwelling Units
|
Number of Playfields
|
Number of Tot Lots
|
Number of Basketball or Tennis Courts
| |
|---|---|---|---|---|
|
10 to 49
|
1
|
1
|
0
| |
|
50 to 99
|
1
|
2
|
0
| |
|
100 to 149
|
2
|
3
|
1
| |
|
150 to 199
|
2
|
4
|
2
| |
|
200 to 249
|
3
|
5
|
2
| |
|
250 to 299
|
3
|
5
|
3
| |
|
300 to 349
|
4
|
6
|
3
| |
|
350 to 400
|
4
|
6
|
4
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D.
Tot lot requirements.
(1)
Use of tot lots shall be limited to daylight hours only; no lighting
shall be installed.
(2)
Low-maintenance play equipment and structures shall be included and
confined by a gated fence, a minimum of three feet high. The gate
shall be self-closing and self-latching.
(3)
Sitting areas, including benches, shall be provided for the convenience
of persons supervising the children.
(4)
Shade trees shall be provided for sitting and play areas; gazebo
or picnic-type shelters may be used in addition to shade trees.
(5)
When a tot lot is placed adjacent to the playfield, practical measures,
such as fencing and orientation of facilities, shall be used to reduce
hazards, especially from balls or other flying objects.
(6)
(7)
Locations. At convenient, centralized intervals, requiring not longer
than a one-thousand-foot walk from any dwelling unit.
E.
Playfield requirements.
(1)
Playfields shall be used only during daylight hours; no lighting
shall be installed.
(2)
Playfields are intended for informal, neighborhood use. Playfields
shall not be used for formalized programs such as Little League Baseball
or Midget Football, which should be conducted on larger, more appropriate
fields, located, designed, and intended for use by the extended community.
(3)
Playfields shall consist of a lawn area, unobstructed by trees, shrubs,
benches, playground equipment and other obstacles. Applicants are
encouraged to locate trees and shrubs along the perimeter of a playfield
in order to define its limits, enhance its appearance, and filter
noise generated by activities.
(4)
Playfields shall be sloped for proper drainage, not less than 1%
nor more than 3% grade, and shall be well-drained so that they are
suitable for use in most weather.
(5)
Playfields shall be fenced at the discretion of the Board of Supervisors.
(6)
(7)
Playfields shall have at least one backstop, facing south.
(8)
Locations: at convenient, centralized intervals.
F.
Basketball and tennis court requirements.
(1)
These courts shall be constructed in accordance with specifications
approved by the Township Engineer, and shall be oriented in a north/northeast-south/southwest
direction.
(2)
Minimum dimensional standards shall be as follows:
(a)
Tennis court areas shall be of standard size; basketball court
areas shall be at least high school standard size.
(3)
Tennis courts shall be fenced around the entire perimeter with minimum
ten-foot-high fencing.
(4)
Basketball courts shall be fenced with minimum six-foot-high fencing
under the following conditions:
(5)
Lighting may be provided for nighttime use of courts, so arranged
that no glare affects abutting residences or streets, on a demand-activated
basis, until not later than 10:00 p.m.
(6)
Locations: at convenient, centralized intervals.
G.
Swimming pool requirements.
(1)
Minimum pool surface area shall be 3,000 square feet (e.g., 40 feet
by 75 feet).
(2)
A toddlers' pool may be provided in addition.
(3)
The pool(s) shall be surrounded by a paved, nonslip surface, a minimum
of eight feet wide.
(4)
Lawn area shall be provided adjacent to and around the pool, a minimum
of 4,000 square feet, at a slope not exceeding 5%.
(5)
A permanent building shall be provided for rest rooms and a lifeguard/supervisor
room.
(6)
The entire facility shall be surrounded by a fence, a minimum of
six feet high, with a lockable gate.
(7)
Minimum setbacks shall be as follows:
(a)
The edge of paving around the pool and the pool building shall
not be less than 125 feet from any residence.
(8)
Lighting may be provided for nighttime use, so arranged that no glare
affects abutting residences or streets.
H.
Consolidation of facilities. Applicants are required to provide the
numbers and types of facilities as required in this section, spaced
for convenient access by the residents. However, applicants are encouraged
to consolidate several facilities in fewer locations to better serve
the residents' needs in the following possible ways:
(1)
By locating all required tennis or basketball courts in one area,
thereby restricting noise and light to one area, and precluding the
need to search the neighborhood for a free court.
(2)
By combining two twenty-five-thousand-square-foot playfields into
one fifty-thousand-square foot area to permit larger fields for softball,
football, soccer, or other field sports, while maintaining the neighborhood
use character.
(3)
By creating one or more parklike facilities rather than several sets
of scattered facilities.
(4)
Tot lots may be adjacent to other types of recreation facilities
but not to other tot lots so that they may be dispersed throughout
the development and only require short walking distances from all
homes.
[Amended 9-16-2009 by Ord. No. 09-9-1]
The applicant shall, at the time of preliminary plan submission,
provide a preliminary plan for ownership, management and operation
of common facilities and greenway land.
A.
Said plan
shall:
(1)
Define ownership of common facilities and greenway land, use restrictions,
limitations on buildings and improvements;
(2)
Establish necessary regular and periodic operation and maintenance
responsibilities of the common facilities and various kinds of greenway
land (i.e., lawn, playing field, meadow, pasture, cropland, woodland,
etc.);
(3)
Estimate staffing needs, insurance requirements and associated costs,
and define the means for funding long term capital improvements as
well as annual operating and maintenance costs on an ongoing basis;
and
(4)
The greenway land management plan specifically shall be prepared
by a landscape architect or other qualified individual as determined
by the Board of Supervisors.
B.
At the Township's discretion, the applicant may be required
to escrow sufficient funds for the maintenance and operation of common
facilities and greenway land for up to 18 months.
C.
Any changes to the management plan shall be approved by the Board.
[Amended 9-16-2009 by Ord. No. 09-9-1]
Any of the following methods may be used, either individually
or in combination, to own, maintain, or preserve common facilities,
whether they be open space, greenway land or built recreation facilities.
Common facilities shall not be transferred to another entity except
for transfer to another method of ownership permitted under this section,
and then only when there is no decrease in the open space or greenway
land. Common facilities shall be initially offered for dedication
to the Township after a Township recreation plan has been adopted
by the Board of Supervisors.
A.
Condominium. The common facilities may be controlled by the use of
condominium agreements. Such agreements shall be in conformance with
the Pennsylvania Uniform Condominium Act.[1] All open space, greenway land and recreation facilities
land shall be held as "common element," except in the case of conservancy
lots in conservation subdivisions.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
B.
Homeowners' association. The common facilities may be held in
common ownership by a homeowners' association, which shall be
in compliance with the Pennsylvania Uniform Planned Community Act.[2] In addition, the homeowners' association shall be
governed according to the following:
(1)
The owner or applicant shall provide to the Township a description
of the organization, including its bylaws and documents governing
maintenance requirements and use restrictions for common facilities.
(2)
The organization shall be established by the owner or applicant and
shall be in existence (with financial subsidization by the owner or
applicant, if necessary) at the time of sale of any dwelling units
within the development.
(3)
Membership in the organization is mandatory for all purchasers of
dwelling units therein and their successors.
(4)
The organization shall be responsible for maintenance of and insurance
on common facilities.
(5)
The members of the organization shall share equitably the cost of
maintaining, insuring, and operating common facilities.
(6)
The owner or applicant for any tract proposed to contain any common
facilities shall arrange with the County Board of Assessment a method
of assessment of the common facilities which will either allocate
to each tax parcel in the development a share of the total assessment
for such common facilities, or, alternatively, the organization shall
be responsible for applicable real estate taxes on common facilities.
(7)
The organization shall have or hire adequate staff, as necessary,
to administer, maintain, and operate common facilities.
(8)
The organization bylaws shall confer legal authority on the association
to place a lien on the real property of any member who falls delinquent
in his dues. Such dues shall be paid with the accrued interest before
the lien may be lifted.
(9)
The HOA documents shall include a process for the transition of control
of the HOA from the developer to the unit owners.
(10)
The HOA documents shall include a process of collection and
enforcement to obtain funds from owners who fail to comply.
(11)
The HOA documents shall include a description of greenway lands
to be owned by the HOA, which shall include a development plan highlighting
the various types and areas of greenway land.
(12)
The HOA documents shall include agreements for maintenance of
stormwater management facilities and the maintenance and operation
of water supply and wastewater treatment facilities.
[2]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
C.
Fee-simple dedication. The Township may, but shall not be required
to, accept any portion or portions of the common facilities, provided:
(1)
Such land shall be freely accessible to the public;
(2)
There shall be no cost to the Township involved;
(3)
The Township agrees to and has access to maintain such lands; and
(4)
The open space or greenway land shall be in an acceptable condition
to the Township at the time of transfer with regard to size, shape,
location and improvements.
D.
Dedication of easements. The Township or county may accept, but shall
not be required to accept, easements to any portion or portions of
the open space or greenway land. In such cases, the land remains in
the ownership of the individual, condominium, or homeowners'
association, while the easements are held in public ownership. In
either case, there shall be no cost to the county or municipality
for acquisition or maintenance. The municipality may require this
method where it seems this is the most appropriate way of preserving
land in open space greenway land, and after a recreation plan has
been adopted by the Township.
E.
Transfer to a private conservation organization. With permission
of the Township, an owner may transfer either the fee simple title,
or easements, to a private, nonprofit organization, among whose purposes
is to conserve open space or greenway land and/or natural resources,
provided that:
(1)
The organization is acceptable to the Township and is a bona fide
conservation organization with perpetual existence;
(2)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and
(3)
Open space or greenway land is permanently restricted from future
development through a conservation easement and the Township is given
the authority to enforce the conditions of the easement; and
(4)
A maintenance agreement acceptable to the Township is entered into
by the developer and the organization.
F.
Conservancy lots. The Township may permit up to 80% of the required
greenway land to be in the form of one or more conservancy lots owned
by private individuals, provided:
G.
Fee in lieu of recreation land.
(1)
Where the Board of Supervisors determines after a hearing pursuant to public notice that, because of the size, shape, location, access, topography or other features of the land or any other need of the Township, it is impractical to set aside common open space as required by Chapter 275, Zoning and § 215-50, the Supervisors shall require a payment of a fee-in-lieu of such land.
(2)
The developer shall pay such fee to the Township prior to final approval
of each section of the overall plan by the Board. Such fee shall be
calculated by multiplying the number of dwelling units in each section
by the fee per dwelling unit. The amount of the fee shall be specified
in the schedule of fees adopted by resolution by the Board of Supervisors.
All fees paid to the Township, pursuant to this section, shall be
kept in a capital reserve fund. Such fund shall be used only for the
acquisition of land or capital improvements for park and recreation
purposes. The provisions of this section shall be applicable only
after a Township recreation plan has been adopted by the Board of
Supervisors.
[Added 8-8-2007 by Ord. No. 07-08-01]
A.
Purpose. To require and set minimum standards for outdoor lighting
to:
(1)
Provide for and control lighting in outdoor public places where public
health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of nonvehicular light
sources.
(3)
Protect neighbors, the environment and the night sky from nuisance
glare and light trespass from improperly selected or poorly placed,
aimed, applied, maintained or shielded light sources.
(4)
Promote energy-efficient lighting design and operation.
(5)
Protect and retain the intended visual character of the various venues
of Marlborough Township.
B.
Applicability.
(1)
Uses that are proposed to operate during hours of darkness where
there is public assembly and traverse, including but not limited to
the following: multifamily residential, residential developments,
commercial, industrial, recreational and institutional uses, and sign,
billboard, architectural and landscape lighting applications.
(2)
Marlborough Township may require lighting be incorporated for other
uses, applications and locations or may restrict lighting in any uses
or applications when health, safety and welfare are issues.
(3)
The glare-control requirements herein contained apply to lighting
in all uses, applications and locations.
C.
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED
GLARE
ILLUMINANCE
LIGHT TRESPASS
LUMEN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified), and measurable with an illuminance
meter, aka light meter, which is equal to a unit of illuminance on
a surface that is everywhere one foot from a uniform point source
of light of one candle and equal to one lumen per square foot.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or
above an angle 10° below that horizontal plane, at all lateral
angles around the fixture.
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
Excessive brightness in the field of view that is sufficiently
greater than that to which the eyes are adapted to cause loss in visual
performance or annoyance, so as to jeopardize health, safety or welfare.
Quantity of light, measured in footcandles.
Light emitted by a lighting fixture or installation, which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
A unit of luminous flux equal to the light emitted in a solid
angle by a uniform point source of one candle intensity.
D.
Criteria.
(1)
Illumination levels. Lighting, where required by this chapter or
otherwise required or allowed by Marlborough Township, shall have
illuminances, uniformities and glare control in accordance with the
current recommended practices of the Illuminating Engineering Society
of North America (IESNA) as contained in the IESNA Lighting Handbook
and applicable recommended practices, except as may otherwise be required
by this chapter.
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application and shall be aesthetically acceptable to the Township.
(b)
For the lighting of predominantly horizontal surfaces such as,
but not limited to, parking areas, roadways, vehicular and pedestrian
passage areas, merchandising and storage areas, automotive-fuel-dispensing
facilities, automotive sales areas, loading docks, culs-de-sac, active
and passive recreational areas, building entrances, sidewalks, bicycle
and pedestrian paths, and site entrances, fixtures shall be aimed
straight down and shall meet IESNA full-cutoff criteria. Fixtures,
except those containing directional lamps, with an aggregate rated
lamp output not exceeding 500 lumens, e.g., the rated output of a
standard nondirectional forty-watt incandescent lamp, are exempt from
the requirements of this subsection. In the case of decorative streetlighting,
the Township may approve the use of luminaires that are fully shielded
or comply with IESNA cutoff criteria.
(c)
For the lighting of predominantly nonhorizontal surfaces such
as, but not limited to, facades, landscaping, signs, billboards, fountains,
displays and statuary, fixtures shall be fully shielded and shall
be installed and aimed so as to not project their output into the
windows of neighboring residences, adjacent uses, past the object
being illuminated, skyward or onto a public roadway. Fixtures, except
those containing directional lamps, with an aggregate rated lamp output
not exceeding 500 lumens, e.g., the rated output of a standard nondirectional
forty-watt incandescent lamp, are exempt from the requirements of
this subsection.
(3)
Installation.
(a)
New electrical feeds for lighting poles shall be run underground,
not overhead.
(b)
Poles supporting lighting fixtures for the illumination of parking
areas and located directly behind parking spaces, or where they could
be hit by snow plows or wide-swinging trucks, shall be placed a minimum
of five feet outside paved area or tire stops, or placed on concrete
pedestals at least 30 inches high above the pavement, or suitably
protected by other Township-approved means.
(c)
Except for certain recreational lighting covered elsewhere in
this chapter, fixtures not meeting IESNA full-cutoff criteria shall
not be mounted in excess of 16 feet above finished grade and fixtures
meeting IESNA full-cutoff criteria shall not be mounted in excess
of 20 feet above finished grade. For the illumination of greater than
100 contiguous parking spaces, the Township may permit the use of
a mounting height not to exceed 25 feet for fixtures meeting IESNA
full-cutoff criteria when it can be demonstrated by the Township that
light trespass and glare control requirements in this chapter have
been met.
(d)
Pole-mounted fixtures for the illumination of horizontal tasks
shall be aimed straight down and poles shall be plumb.
E.
Residential development fixture placement. Streetlighting fixtures
in residential developments shall, at the discretion of the Board
of Supervisors, be placed at the following locations:
(1)
The intersection of public roads with entrance roads to the proposed
development;
(2)
Intersections involving proposed public or nonpublic major-thoroughfare
roads within the proposed development;
(3)
At other locations along the street as deemed necessary by the Board
of Supervisors upon recommendation from the Township Planning Commission
and Township Engineer.
F.
Recreational uses. The nighttime illumination of outdoor recreational
facilities is prohibited.
G.
Plan submission. For subdivision and land development applications
where site lighting is required by this chapter, is otherwise required
by the Township or is proposed by applicant, lighting plans shall
be submitted to Marlborough Township for review and approval with
preliminary and final subdivision/land development plan applications
and conditional use applications and shall contain the following:
(1)
A plan or plans of the site, complete with all structures, parking
spaces, building entrances, traffic areas (both vehicular and pedestrian),
vegetation that might interfere with lighting, and adjacent uses that
might be adversely impacted by the lighting. The lighting plan shall
contain a layout of all proposed fixtures by location, orientation,
aiming direction, mounting height and type. The submission shall include,
in addition to existing and proposed area lighting, all other exterior
lighting, e.g., architectural, building-entrance, landscape, flag,
sign, etc.
(2)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of
maintained horizontal footcandles overlaid on the site plan, plotted
out to 0.0 footcandle, which demonstrates compliance with the light
trespass, illuminance and uniformity requirements as set forth in
this chapter or as otherwise required by Marlborough Township. When
the scale of the plan, as judged by the Township, makes a ten-foot-by-ten-foot
grid plot illegible, a larger grid spacing may be permitted.
(3)
The maintenance (light-loss) factors, IES candela file nomenclature,
lamp-lumen ratings and specific lamp manufacturer's lamp ordering
nomenclature, used in calculating the presented illuminance levels.
(4)
Description of the proposed equipment, including fixture catalog
cuts, photometrics, glare-reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
(5)
When landscaping plans are involved, they shall contain the lighting
fixture locations and shall demonstrate that the site lighting and
landscaping have been coordinated to minimize conflict between vegetation
and intended light distribution, both initially and at vegetation
maturity.
(6)
When requested by the Township, applicant shall also submit a visual-impact
plan that demonstrates appropriate steps have been taken to mitigate
the potential consequences of on-site and off-site glare and to retain
the intended character of Marlborough Township. This plan may require
the inclusion of initial vertical footcandle values at specific off-site
venues, e.g., bedroom windows of adjacent residential uses.
(7)
Plan notes. The following notes shall appear on the lighting plan:
(a)
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to Marlborough
Township for review and approval.
(b)
Marlborough Township reserves the right to conduct post-installation
inspections to verify compliance with the chapter requirements and
approved lighting plan commitments, and if deemed appropriate by the
Township, to require remedial action at no expense to the Township.
(c)
All exterior lighting shall meet IESNA full-cutoff criteria
unless otherwise approved by Marlborough Township.
(d)
Installer shall notify Marlborough Township to arrange for inspection
and approval of all exterior lighting, including building-mounted
lighting, prior to its installation.
H.
Streetlighting dedication.
(1)
When streetlighting is to be dedicated to the Township, applicant
shall be responsible for all costs involved in the lighting of streets
and street intersections until the street is accepted for dedication.
(2)
Prior to dedication and in the event of the formation of a homeowner's
association and/or property management declaration, Marlborough Township
shall require said agency to enter into an agreement guaranteeing
the Township payment of all costs associated with dedicated streetlighting.
(3)
Assumption of costs of dedicated streetlighting. Upon dedication
of public streets, Marlborough Township may assess the homeowners'
association, individual property owners, or corporations, as may be
necessary to collect all revenues required that are directly or indirectly
associated with all costs of each specific streetlighting fixture.
These costs shall include:
