[1]
Editor's Note: See also grading permits, etc., under Stony Creek/Saw Mill Run Watershed Stormwater Management Ordinance, App. E.
The following principles of subdivision and land development, general requirements, and minimum standards of design, shall be observed by the applicant in all instances, whether or not the proposed improvements are to be accepted by the township:
1. 
All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
2. 
When only a portion of a tract is being reviewed relative to subdivision and land development, but where future subdivision or land development is imminent, the applicant shall, subject to approval of his plan, 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.
3. 
Whenever a parcel of land is being subdivided for the specific purpose of being added to an adjoining parcel of land, then such subdivision application shall be approved on the condition that the transfer of ownership to the owner of the adjoining parcel be consummated with the record plan to be recorded in conjunction with the real estate settlement thereon. Any such subdivision must result in a lot or lots owned by the applicant and the adjoining landowner which shall conform in all respects to the regulations contained in this ordinance. In the event settlement is not held in accordance with the agreement of sale within six months of the date of subdivision approval, then the approval shall be voided.
4. 
Whenever possible, applicants shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.
5. 
Subdivisions and land developments should be laid out so as to avoid the necessity for excessive cut or fill unless specifically warranted by terrain or location.
6. 
Floodplain areas shall not be subdivided or developed except in strict compliance with the standards and requirements of section 511 of this article.
7. 
Where no public water supply is available to the subdivision or land development, council shall require the developer to obtain from the district sanitarian of the Pennsylvania Department of Environmental Resources or other appropriate state agency, certificates of approval as to the quality and adequacy of the water supply proposed to be utilized by the developer and approval of the type of construction methods to be employed in the installation of the individual water supply system.
8. 
Where the subdivision or land development is inaccessible to sanitary-sewers, council shall require the developer to obtain from the district sanitarian of the Pennsylvania Department of Environmental Resources or other appropriate state agency, certificates of approval of the sewage disposal facilities to be provided by the developer.
9. 
Applicants shall observe the ultimate right-of-way for contiguous existing streets as prescribed in the comprehensive plan. Additional portions of the corridors for such streets shall be offered to the government agency having jurisdiction at the time the subdivision or land development is consummated. Applicable building setback lines, as defined by the township zoning ordinance of current adoption, shall be delineated as measured from the ultimate right-of-way street line.
10. 
Proposed subdivision and land development shall be coordinated with the existing nearby neighborhood as well as abutting tracts where future development is possible so that the community as a whole may develop harmoniously.
11. 
Improvement construction requirements will be completed under specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Resources, or other appropriate state agency, the Montgomery County Soil and Water Conservation District, or other appropriate agencies or the specifications included herein, whichever specifications shall be the more restrictive.
12. 
Community Facilities. The developer shall construct and install with no expense to the township, the streets, curbs, sidewalks, water mains, sanitary and storm sewers, street lights, fire hydrants, street signs, shade trees, monuments, and other facilities and utilities specified in this article. 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 developer shall pay for inspection.
Provision shall be made for open space, suitably located and adapted for parks, playground and recreational areas, wherever and to the extent deemed desirable by council.
Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed. Council reserves the right to accept or refuse offers of dedication for public uses.
Developers, are requested to give careful consideration, to the desirability of providing adequate rights-of-way and paving on existing streets, and reserving areas and easements for facilities normally required in residential sections, including churches, libraries, schools and other public buildings, parks, playgrounds, and playfields; shopping and local business centers; rights-of-way and easements for storm and sanitary sewer facilities in those areas that cannot be immediately joined to the existing storm and sanitary sewer systems of the Township.
[Ord. No. 1198, § 2, 7-15-1996; Ord. No. 1383, §§ 1—2, 8-12-2002; Ord. No. 1467, § 1, 10-10-2006]
All new streets and culs-de-sac, and widened portions of all existing rights-of-way, intended for public use, including, but not limited to state and county roadways, shall be dedicated to the township, subject to final acceptance based on compliance with the following requirements and Article VIII of these regulations.
1. 
Street System.
A. 
Conformance with adopted plans. The proposed street pattern shall be properly regulated to existing streets, to the township plan of streets, and to such county and state road and highway plans as have been adopted by that agency.
B. 
Arrangement. Streets shall be arranged in a manner to meet with the approval of Council, considered in relation to both existing and planned streets, and located so as to allow proper development of surrounding properties. Collector and through highways shall be connected with such existing streets and highways so as to form continuations thereof. Residential streets shall be laid out to discourage their use as collector streets or through highways.
C. 
Conformity with topography. Streets shall be adjusted to the contour of the land so as to produce useable lot and streets of reasonable grade, alignment and drainage.
D. 
Grading. The street shall be graded to the full width of the right-of-way and provision made for slopes beyond the right-of-way in conformance with Township specifications.
E. 
Provisions of streets for future development. Access shall be given to all lots and portions of the tract in the subdivision and to adjacent unsubdivided territory. Streets giving such access shall be improved to the limits of the subdivision. Remnants, reserve strips and landlocked areas shall not be created.
F. 
New streets. New streets shall be laid out to continue existing streets at equal or greater right-of-way and cartway width, where such continuations are reasonable and practical. The developer shall provide street name signs at intersections and such signs shall be of the type approved by the Township.
G. 
Dead-end streets. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as culs-de-sac. Stub streets shall be properly closed to through traffic until such time as the street is extended. Stub streets greater in length than one lot depth, shall be provided with a temporary turnaround to the standards required for culs-de-sac, or shall be paved to the full width of the right-of-way for the last seventy-five (75) feet of their length.
H. 
Street names. Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets within the township or postal district. All street names are subject to the approval of Council.
I. 
Half street. The dedication of half streets at the edges of a new subdivision is prohibited.
J. 
[Future rights-of-way.] If lots resulting from original subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision shall be provided as necessary.
K. 
[Encroachments-Right-of-way of state highways.] Any applicant who encroaches within the legal right-of-way of a state highway is required to obtain a highway occupancy permit from the Pennsylvania Department of Transportation Permits Office, St. Davids, Pennsylvania.
L. 
[Same-Rights-of-way of county highways.] Any applicant who encroaches within the legal right-of-way of a county highway is required to obtain a highway occupancy permit from the Montgomery County Roads and Bridges Department, Norristown, Pennsylvania.
M. 
Emergency access. Where only one means of ingress and egress is proposed for a subdivision, an emergency access shall be provided consisting of an all-weather road surface capable of supporting an 80,000 pound fire truck, twenty (20) feet in width.
2. 
Street Standards.
A. 
Street alignment.
(1) 
Sight Distance on Horizontal and Vertical Curves. Proper sight distance shall be provided with respect to both horizontal and vertical alignments. Measured along the center line, this shall be five hundred (500) feet for arterial roads; three hundred (300) feet for collector roads, and two hundred (200) feet for local residential streets, measured at the center line and at driver's eye height of five (5) feet.
(2) 
Horizontal curves shall be used at all changes in excess of two (2) degrees. Long radius curves shall be used rather than a series of curves connected by short tangents. Minimum radius curves at the end of long tangents will not be approved.
(a) 
Curvature. The minimum radius at the center line for horizontal curves on arterial streets shall be three hundred (300) feet; for collector streets, two hundred (200) feet; and for residential streets, one hundred fifty (150) feet.
(b) 
Tangents between curves. There shall be a tangent of at least one hundred (100) feet measured at the center line between reverse curves.
(3) 
Vertical Curves. Vertical curves shall be used at changes in grade of more than one (1) per cent. The length of the curve shall approximate fifty (50) feet on secondary streets and twenty-five (25) feet on residential streets for each one (1) per cent of change in grade. Over summits or in sumps, vertical curves shall not produce excessive flatness in grade. The high or low point on a vertical curve must be definitely and clearly shown.
(4) 
Street Grades.
(a) 
There shall be a minimum grade of at least one (1) per cent on all streets.
(b) 
Maximum Grades. A maximum grade of seven (7) per cent on arterial and collector streets; and ten (10) per cent on residential streets for distances of not more than fifteen hundred (1,500) feet shall be permitted. However, grades in excess of five (5) per cent shall be avoided wherever possible. The grade shall be measured along the center line.
(c) 
Curve-Grade Combinations. A combination of minimum radius horizontal curves and maximum grades will not be approved.
(d) 
Street Intersections. The grade within fifty (50) feet of any side of an intersection or the outer perimeter of a cul-de-sac shall not exceed three (3) per cent. The grade will be measured along the curb line of the street.
(e) 
Street Grading. All streets shall be graded to the grades shown on the street profile and cross section plan submitted and approved with the improvement construction plan of subdivision and land development. They shall be inspected and checked for accuracy by the township engineer.
B. 
Right-of-way width, paving width, curbing and sidewalks.
(1) 
Classification. All streets will be classified as residential, collector, arterial, or cul-de-sac as defined in Article II of this ordinance.
(2) 
Street width. The minimum widths of the right-of-way and paving, and the requirements for curbing and sidewalks shall not be less than those of an existing street of which the new street is to be a continuation, nor less than the following:
Type of Street
Right-of-Way Width
(In Feet)
Paving Width
(In Feet)
Curbing
Sidewalks
Arterial
*
*
Yes
Yes
Collector
60
36
Yes
Yes
Residential
50
30
Yes
Yes
Cul-De-Sac
50
30
Yes
Yes
* As recommended by the Pennsylvania Department of Transportation or the Montgomery County Roads and Bridges Department, whichever is applicable.
Where the subdivision fronts on an existing street, the existing paved portion shall be extended to the required curb line. Construction of any such widening shall be as directed by the Township Engineer.
(a) 
Minimum right-of-way width for development along existing streets will correspond with the ultimate right-of-way for these streets.
(b) 
Islands and medial strips may be permitted in streets immediately adjacent and in commercial zones. However, no circles or circular segments shall be permitted on any street.
(c) 
Additional width requirements. Additional right-of-way and/or cartway widths may be required by the Township:
(i) 
Where necessary for public safety and convenience.
(ii) 
For parking in commercial or industrial areas.
(iii) 
Where old roads do not provide the proper width, and additional dedication is necessary.
(d) 
No fences, hedges, trees, shrubbery, wall, plantings, or other obstructions shall be located or permitted within the right-of-way without permission from the Township.
(3) 
Cul-De-Sac Streets.
(a) 
A cul-de-sac street in any zoning district shall not be greater than five hundred (500) feet in length nor less than two hundred fifty (250) feet in length.
(b) 
A cul-de-sac shall have a right-of-way of fifty (50) feet and shall have a circular turnaround with a minimum right-of-way radius of fifty (50) feet and an outer paving radius of forty (40) feet.
(c) 
A permanently terminated cul-de-sac will not be approved when a through street is practicable. The developer shall have the burden of showing the impracticability of the through street in order to justify a cul-de-sac.
(d) 
Where it is proposed that a road be constructed to an abutting property line with the intention that such a road will be extended onto the adjoining property at a future date, the temporarily terminated cul-de-sac shall be constructed in the same manner as one permanently terminated; including the right-of-way width. Construction of the street-curbing and sidewalk shall be in accordance with specifications hereinafter included in these standards.
C. 
Street intersections.
1. 
Number of intersections. No more than two (2) streets shall cross at the same point. When existing street intersect at odd angles, or have more than four (4) approaches, the developer shall be required to make corrective changes to eliminate the odd angle or reduce the number of approaches to the intersection by curving the lesser street.
2. 
Minimum angle of intersection. Right angle intersections shall be used whenever practicable, especially when residential streets empty into arterial or collector streets. There shall be no intersection angle, measured at the center line, of less than seventy (70) degree minimum.
3. 
Centerlines. Where centerlines of residential or collector streets open into opposite sides of an arterial or collector street within one hundred twenty-five (125) feet of each other, they shall be made to coincide by curving the minor street or streets.
4. 
Primary thoroughfares. Intersections with through highways shall be kept to a minimum and shall be located at least one thousand (1,000) feet apart.
5. 
Sight distance. Proper sight lines, as provided in section 501.2.A(1), of this ordinance, shall be maintained at all intersections of streets. There shall be measured, along the centerline, a minimum clear sight triangle of seventy-five (75) feet from the point of intersection. No building, trees, fence hedge, shrubbery or other obstruction whatsoever will be permitted in this area. Any obstruction to sight shall be removed at the time the street is graded or at the time a building or structure is erected; whichever shall first occur.
6. 
Maximum grade. Maximum grade within any intersection shall not exceed two (2) percent, and approaches to an intersection shall follow a straight horizontal course for fifty (50) feet.
7. 
Approach grades. The grades of approaches to an intersection shall not exceed three (3) percent for a distance of fifty (50) feet measured from the nearest right-of-way line of the intersecting street.
8. 
Radii of pavement and right-of-way at intersections. Street intersections shall be rounded with tangential arcs at pavement edge (curbline) and right-of-way lines as listed below. Where two (2) streets of different right-of-way widths intersect, the radii of curvature for the widest street shall apply.
Type of Street
Minimum Radius of Arc at Intersection of Pavement Edge or Curb Line
(In Feet)*
Minimum Radius of Arc at Intersection of Right-of-way Line
(In Feet)*
Arterial
40
20
Collector
30
20
Residential
25
15
Cul-De-Sac
25
15
* In special circumstances the Township Engineer shall have the power to require larger radii, subject to the right of appeal of that determination to council.
D. 
Street paving. The paving requirements for residential, collector and arterial streets/highways shall be as follows:
1. 
Residential street. All residential streets shall have a thickness of not less than thirteen and a half (13 1/2) inches, the subbase of which shall consist of six (6) inches of compacted 2A modified stone, a base course of six (6) inches of superpave 25.0 mm base course, and a one and one half (1 1/2) inch superpave 9.5 mm wearing course, or approved equivalent, conforming to the current specifications of the Pennsylvania Department of Transportation.
2. 
Collector street and arterial highway. All collector streets and arterial highways shall have a thickness of not less than sixteen (16) inches, the subbase of which shall consist of six (6) inches of compacted 2A modified stone, a base course of seven (7) inches of superpave 25.0 mm base course, a one and one half (1 1/2) inch superpave 25.0 mm binder course and a one and one half (1 1/2) inch superpave 9.5 mm wearing course, or approved equivalent, conforming to the current specifications of the Pennsylvania Department of Transportation.
3. 
All paving shall be constructed both as to materials and workmanship in accordance with the current specifications and standards promulgated by the Pennsylvania Department of Transportation now in force or hereafter revised and on an approved firm subgrade.
E. 
[Foundation under drain.] When ground conditions warrant, foundation under drain shall be placed in the cartway at the direction of the Township Engineer.
[Ord. No. 837, § 502, 9-8-1980; Ord. No. 1198, § 3, 7-15-1996; Ord. No. 1234, § 2, 6-9-1997; Ord. No. 1252, § 1, 1-26-1998; Ord. No. 1283, §§ 2, 5-24-1999; Ord. No. 1356, § 4, 9-10-2001]
1. 
Alleys. Alleys are prohibited in residential developments. In commercial or industrial districts without expressly designated loading areas, alleys with a minimum width of twenty-five (25) feet may be permitted. Where such alleys dead-end, they shall be provided with a turnaround having a radius of not less than twenty-five (25) feet. The cartway shall be a minimum of twenty (20) feet.
A. 
Paving. The paving requirements shall be the same as for street paving.
B. 
[Intersections.] Intersections of right-of-way lines shall be rounded by a tangential arc; the minimum radius of which shall be ten (10) feet, and the edge of the paving at intersections shall be rounded by a tangential arc, the minimum radius of which shall be fifteen (15) feet.
C. 
Obstructions. No fences, hedges, trees, shrubbery, walls, plantings, or other obstructions shall be located within the right-of-way. Reasonable sight distance shall be provided at intersections with streets.
2. 
Driveways.
A. 
Location. Driveways shall be so located, as to provide reasonable sight distance at intersections with streets. A stopping area measured twenty (20) feet behind the right-of-way line shall be provided not to exceed a four (4) percent grade.
B. 
Intersections. Driveways shall be located not less than forty (40) feet from the street intersection and shall provide access to the street of a lesser classification when there are streets of different classes involved.
C. 
Pavement widths and grade. Driveways shall be paved to grades as follows:
Land Use
Minimum *Paving Width
(Ft.)
Minimum Radius at Curb
(Ft.)
Maximum Grade Percent
Maximum Change of Grade per Ten Feet
Single-Family
Residential
10
5
10
10%
Multifamily
18 (one way)
15
8
10%
Residential
24 (one way)
15
8
10%
Commercial
18 (one way)
15
5
7%
and Industrial
24 (two way)
15
5
7%
* Curb depression shall be five (5) feet wider than the width of the driveway.
There shall be no physical lane separation. Lanes shall be separated by paint on the pavement.
D. 
All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the highway.
E. 
Access driveways should be located in such a manner that they will not cause the following:
(1) 
Interference with the traveling public;
(2) 
A hazard to the free movement of normal highway traffic; or
(3) 
Areas of undue traffic congestion on the highways.
F. 
Driveways entering arterial or collector streets shall include a turnaround to deter backing onto the street.
G. 
Frontage of fifty (50) feet or less shall be limited to one driveway. Normally, not more than two (2) driveways need to be provided to any angle property tract or business establishment. Exceptions may be made where the frontage exceeds three hundred (300) feet in length.
H. 
Common driveways between adjoining residential properties are prohibited. This shall not be deemed to prohibit a single drive approach from the public street to common off-street parking facilities.
I. 
Driveways shall be constructed with an impervious surface.
3. 
Parking Areas.
A. 
Automobile parking facilities shall be provided off-street in accordance with requirements of the Zoning Ordinance [Appendix B] and this Ordinance.
B. 
At no time shall angle or perpendicular parking along the curbs of local, public or private access roads or streets be permitted. All parking lots and bays allowing any parking other than parallel shall be physically separated from the cartway by a minimum of ten (10) feet between the parking area and the curb to the street and such area shall be confined by barrier curbing.
C. 
No one area for off-street parking or motor vehicles in residential areas shall exceed thirty-six (36) cars in capacity. Separate parking areas on a parcel shall physically separated from one another by eight-foot planting strips.
D. 
No less than twenty (20) feet of open space shall be provided between the curbline of any parking area and the outside wall of the dwelling unit in residential area.
E. 
Parking may be permitted within side and/or rear yards when the side and/or rear yards abut a district zoned industrial and/or commercial. However, no parking shall be permitted within five (5) feet of a side or rear property line unless formal arrangements, satisfactory to the township, have been made for the establishment of "common parking facilities."
F. 
In commercial and industrial districts, provision of "common off-street parking facilities" is hereby encouraged in recognition of their increased flexibility and efficiency. Subject to formal arrangements between the proposed users of the common parking facilities, the zoning hearing board may, by special exception, under section 1701 of the Zoning Ordinance [Appendix B], reduce the aggregate amount of required space upon determination that greater efficiency is effected by joint use of the common parking area. When common parking facilities are approved, side and/or rear yard parking requirements may be waived in order to establish unified and continuous parking areas. In such cases, access drives and sidewalks shall be so aligned as to minimize parking efficiency and minimize traffic congestion. Entrances and exits must have good visibility so that, both going in and coming out, drivers can see and cars can be seen.
G. 
All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls.
H. 
No less than a five-foot radius of curvature shall be permitted for all curbline in all parking areas.
I. 
Parking lot dimensions shall be no less than those listed in the following table:
Parking Stall
Aisle Width
Angle of Parking
Depth
Width
One-Way
Two-Way
90 Degrees
18 ft.
9 ft.
*
26 ft.
60 Degrees
21 ft.
9 ft.
18 ft.
20 ft.
45 Degrees
19 ft.
9 ft.
15 ft.
18 ft.
30 Degrees
19 ft.
9 ft.
12 ft.
18 ft.
Parallel
22 ft.
8 ft.
12 ft.
18 ft.
* Not Permitted
J. 
Parking stalls shall be marked with hairpin striping to provide for orderly and safe parking. The hairpin lines shall be of an all-weather paint, four (4) inches in width, with lines a minimum of six (6) inches apart.
K. 
Parking lots with less than thirty (30) spaces shall not have a grade exceeding five (5) percent. Parking lots with more than thirty (30) spaces shall not have a grade exceeding three (3) percent. No grade cut, fill, or height difference between terraced parking areas shall exceed four (4) feet unless approved by council.
L. 
Parking areas for three (3) or more vehicles shall be designed to eliminate the need for cars to back into public streets in order to leave the lot.
M. 
Entrances and exists to and from off-street parking areas shall be located so as to minimize interference with street traffic.
N. 
For the purpose of servicing any property held under single and separate ownership, entrance and exit drives crossing the street line shall be limited to two (2) along the frontage of any single street, and their centerlines shall be spaced at least eighty (80) feet apart. On all corner properties, there shall be a minimum spacing of sixty (60) feet, measured at the street line, between the centerline of any entrance or exit drive and the street line of the street parallel to said access drive.
O. 
Except where a sidewalk area or a boundary of the parking lot is appropriately defined and protected by permanently installed curbing, tire bumpers shall be installed so as to prevent vehicle overhang on any sidewalk area and any area beyond the boundaries of the parking lot.
P. 
Pavement construction. Commercial, industrial and multifamily parking areas and driveways shall have a thickness of not less than nine and one-half (9 1/2) inches, which shall consist of three (3) inches of compacted 2A modified stone subbase, five (5) inches of bituminous concrete base course and one and one-half (1 1/2) inch ID2 wearing course conforming to the current specifications of the Pennsylvania Department of Transportation. All paving shall be constructed both as to materials and workmanship in accordance with the current specifications and standards promulgated by the Pennsylvania Department of Transportation now in force or hereafter revised and on an approved firm subgrade.
4. 
Fire lane specifications and markings.
A. 
All pavement marking stripes shall be a minimum of four (4) inches in width. The width of fire lane striping shall be eight (8) feet from the curb. In addition to the outlining the area designated as a fire lane, the words "NO PARKING FIRE LANE" shall be painted within the designated area in accordance with the below listed specifications. The message shall be placed once in every one hundred (100) feet of fire lane. Where a curb or curbs act as a boundary such curbs shall be painted.
B. 
In addition to the pavement markings, signs bearing the words "NO PARKING BY ORDER OF FIRE MARSHAL" shall be placed perpendicular to traffic on walls or posts and be clearly visible in the area of the fire lane. The bottom of the sign shall be a minimum of seven (7) feet above the pavement or curb. Sign background shall be white reflective with red lettering. Size and printing of sign shall be in accordance with the below-listed specifications.
C. 
The fire marshal may require additional signage and markings depending upon situation.
D. 
Pavement markings. Pavement markings shall comply with the following:
1. 
Minimum width of any part of a letter is four (4) inches.
2. 
Minimum height of letters is thirty-six (36) inches.
3. 
Minimum length of message is fifty (50) feet.
E. 
Signs. Signs shall comply with the following:
NO PARKING BY ORDER OF FIRE MARSHAL
1. 
Minimum width of sign is twelve (12) inches.
2. 
Minimum height of sign is eighteen (18) inches.
3. 
Minimum height of letters is three (3) inches.
[Ord. No. 1283, § 5, 5-24-1999; Ord. No. 1467, § 2, 10-10-2006]
1. 
Sidewalks.
A. 
Where Required. Sidewalks shall be provided along all streets.
B. 
Width and Thickness. Sidewalks shall not be less than four (4) [feet] in width on residential streets and five (5) feet in width on collector and arterial streets. A greater width may be required in areas in which apartments or business buildings are located.
C. 
Sidewalks shall be located between the curb and right-of-way line, four (4) feet or greater distance from the curbline. The grade and paving of the sidewalk shall be continuous across driveways, except in certain cases where heavy traffic volume dictates special treatment.
D. 
In accordance with Pennsylvania State Act No. 56, curb cut for the handicapped shall be provided at all street crossings and constructed in accordance with section 2803 of the Penn DOT Design Manual.
E. 
Construction Methods. Sidewalks shall be constructed with a grade not less than one-quarter (1/4) inch to one inch, sloped toward the street. The finished grade between the outside of the sidewalk to the curbline (edge of the cartway) shall never exceed a total vertical elevation change of one foot.
Sidewalks shall be constructed of concrete to a width as indicated for the various classifications of the street.
Concrete used in sidewalk work shall be four thousand (4,000) P.S.I. air-entrained at twenty-eight (28) days with certification of the mix furnished to the Township engineer. Concrete shall be placed in forms that are straight and securely braced. Care shall be taken to control the water content to prevent separation of the aggregates. The concrete shall have a broom finish and the edges shall be finished with an approved edging tool.
All concrete sidewalks shall be constructed on a four-inch crushed stone or gravel base to insure proper drainage. The concrete shall be placed so that there is a separate joint every five (5) feet and shall be so constructed so that the five-foot sections are completely separated from adjacent sections. One-half-inch premolded expansion joints shall be placed every twenty (20) feet and between all points where the concrete sidewalk abuts a concrete curb.
All concrete sidewalks shall have a minimum thickness of four (4) inches, except under driveways, where they shall have a minimum thickness of six (6) inches. The concrete apron in the driveway area shall be reinforced with wire six (6) inches by six (6) inches, Number 9 wire (minimum). Two (2) layers of this wire shall be utilized, with a minimum of two-inch spacing between layers. The wire shall be installed so that it is not closer than one-half (1/2) inch from the top or bottom surfaces of the driveway.
Should field conditions warrant, foundation underdrain shall be placed in the stone base and outlet at the nearest drainage structure.
2. 
Curbs.
A. 
Concrete curbs shall be installed along each side of every residential, collector or arterial street or road. Concrete curbs shall be eighteen (18) inches deep, seven (7) inches wide at top and eight (8) inches wide at the base. The nominal distance from the top of curb to flow line of the gutter shall be eight inches on collector and arterial streets, and eight inches on residential streets. Curbing shall be built in ten-foot lengths, and an approved expansion joint of one-quarter inch minimum thickness shall be used at each joint.
All concrete used in the construction of improvements shall be certified to develop a compressive stress of at least four thousand (4,000) P.S.I. at twenty-eight (28) days with certification of the mix furnished to the township engineer.
Concrete shall be placed in forms that are straight and securely braced. Care shall be taken to control the water content to prevent separation of the aggregates. All concrete shall be thoroughly tamped into the forms. After the concrete has set sufficiently, the form shall be removed and the exposed surface shall be rubbed to provide an even finish. All edges shall be finished with an approved edging tool.
To provide for driveways, depressions in the curbing may be constructed and finished during the time of pouring. Depressions should be rolled one and one-half (1 1/2) feet on either side of the driveway and an exposed one and one-half (1 1/2) inch face of curb shall exist between top of curb and the gutter line.
[Ord. No. 837, § 504, 9-8-1980]
1. 
Length. In general, all blocks in a subdivision shall have a minimum length of five hundred (500) feet and a maximum length of twelve hundred (1,200) feet, unless special conditions warrant a variance.
2. 
Width. Whenever practicable, blocks shall be of such width as to provide two (2) tiers of lots of the minimum size permitted under the applicable zoning classification, except in the case of lots along major thoroughfares where the lot fronts on an interior street.
Through Lots. Double frontage lots generally will not be permitted except where reversed frontage is desired away from a major thoroughfare to a street of lesser traffic volume.
3. 
Crosswalk. Crosswalks not less than ten (10) feet wide, and with concrete paving not less than four (4) feet wide may be required where necessary to provide access to schools, churches, parks and commercial areas. They shall be maintained by the abutting property owners in the same manner as sidewalks on public streets.
1. 
Lots in Residential Areas.
A. 
Area. All lots shall be no smaller than the minimum lot area requirements of the applicable zoning classification.
B. 
Width. The minimum width of a lot shall be that width which is measured along the building setback line in feet specified for the applicable zoning district.
C. 
Frontage. Every lot shall have frontage along the ultimate right-of-way line of a street, but double frontage lots are prohibited except as set forth in Section 504(2). The frontage shall not be less than the minimum requirements of the zoning ordinance [Appendix B].
D. 
The sidelines of a lot shall be set at right angles or radial to the right-of-way line.
[Ord. No. 1601, § 2, 5-11-2015]
E. 
Building lines. Building lines for all lots shall be in conformance with the minimum front, side, and rear yard line requirements of the applicable zoning district.
F. 
Lot numbers. For the purpose of development, each subdivision may have an overall system of lot numbers, the number one being assigned to a lot in the first section to be developed. (Such systems of lot numbers shall not be confused with the regular house or building numbers system.)
G. 
Building numbers. House or building numbers shall be assigned by the township based on an overall street plan. Numbers will be assigned in such a way as to allow for vacant parcels and future development.
H. 
Existing buildings. The subdivision of a tract which creates nonconforming side, rear and front yard requirements for existing buildings will not be approved.
2. 
Lot Grading for Subdivisions and Land Developments.
A. 
Blocks and lots. Blocks and lots shall be graded to secure proper drainage away from buildings and to prevent the collection of stormwater in pools unless so desired. Minimum two (2) percent slopes away from structures shall be required.
B. 
Design. All drainage provisions shall be of such design as to carry surface waters to the nearest practical street, storm drain, natural watercourse or retention facility. Where drainage swales are used to deliver surface waters away from buildings, they shall not be less than one (1) percent nor more than four (4) percent. The swales shall be sodded or planted as required and shall be of such shape and size to conform with specifications of the township engineer.
C. 
Concentration. The concentration of storm drainage in a swale along the rear or side of lot lines is prohibited unless an appropriate outlet is provided.
D. 
Construction. The developer shall construct and/or install such drainage structures and/or pipe as are necessary to prevent erosion damage, and to satisfactorily carry off such surface waters to the nearest practical street, storm drain or natural watercourse or retention facility.
E. 
Excavation. No excavation shall be made with a cut face steeper in slope than one and one-half (1 1/2) horizontal to one (1) vertical (66.5 percent) except under one or more of the following conditions:
(1) 
The excavation is located so that a line having a slope of one and one-half (1 1/2) horizontal to one (1) vertical and passing through any portion of the cut face will be entirely inside of the property lines of the property on which the excavation is made.
(2) 
The material in which the excavation is made is sufficiently stable to sustain a slope of steeper than one and one half (1 1/2) horizontal to one (1) vertical, and a written statement of a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect, is submitted to the township engineer and approved by him. The statement shall state that the site has been inspected and the deviation from the slope specified herein before will not result in injury to persons or damage to property.
(3) 
A concrete or stone masonry wall constructed according to current designs of Plymouth Township is provided to support the face of the excavation.
F. 
Fill. No fill shall be made which creates any exposed surface steeper in slope than two (2) horizontal to one (1) vertical, except under one or more of the following conditions:
1. 
The fill is located so that settlement, sliding or erosion will not result in property damage or be a hazard to adjoining property, streets, alleys or buildings.
2. 
A written statement from a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property or result in property damage, is submitted to and approved by the township engineer.
3. 
A concrete or stone masonry wall constructed according to present or future designs of Plymouth Township is provided to support the face of the fill.
G. 
Slopes and fences. The top or bottom edge of slopes shall be a minimum of three (3) feet from property, or right-of-way lines of streets or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property. All property lines, (where walls, or slopes are steeper than one (1) horizontal to one (1) vertical and five (5) feet or more in height) shall be protected by a fence approved by council. The fence shall be an integral part of the wall.
H. 
[Watercourses.] Unless otherwise directed by Council and the Pennsylvania Department of Environmental Resources, water courses shall remain open and shall not be piped or incorporated into a storm sewer system.
I. 
[Retention basins.] Retention basins shall be designed to utilize the natural contours of the land whenever possible. When such design is impracticable, the construction of the basin shall utilize slopes as shallow as possible to blend the structures into the terrain.
J. 
Cleanup. All lots must be kept free of any debris or nuisances whatsoever.
K. 
Commercial/industrial areas. Roof drainages shall be conveyed downspouts constructed under the sidewalk and through the curb, or to a storm sewer, natural watercourse or retention facility if possible. In no case shall sump pump connection through curb be allowed.
L. 
Site Grading Plan. The township engineer and/or building inspector shall require a grading plan in conjunction with the plan of subdivision or land development or building permit application in order to ensure compliance with the above standards.
M. 
[Underdrains.] Underdrains shall be required to lead water away from springs that may be encountered.
3. 
Lot Siting, Planting and Beautification for Subdivisions and Land Developments. In order to promote the highest environmental quality possible, the success to which the applicant of a subdivision or land development plan has preserved existing salient natural features and land forms intrinsic to the site, shall be assessed. Terms of approval of a plan may be subject to the manner in which the layout or design of the plan has preserved existing natural features.
A. 
Limit of contract. Where the applicant is offering for dedication, or is required by ordinance to establish a reservation of open space or preserve an area of scenic or historic importance, a "limit of contract," which will confine excavation, earth moving procedures and other changes to the landscape, may be required to ensure preservation and prevent despoliation of the character of the area in open space.
B. 
Tree preservation. Trees six (6) inches or more in caliper at breast height shall not be removed unless within the proposed right-of-way line of a street or within the building envelope of the lot. Relocation of noteworthy plant material is encouraged.
C. 
Topsoil preservation. No topsoil shall be removed from the site or used as spoil. Topsoil must be removed from the areas of construction and stored separately. Upon completion of the construction, the topsoil must be redistributed on the site uniformly. All areas of the site shall be stabilized by seeding or planting on slopes of less than ten (10) per cent, and shall be stabilized by sodding on slopes ten (10) per cent or more and planted in ground cover on slopes twenty (20) per cent provided that riprap shall be utilized for banks exceeding twenty-five (25) per cent.
D. 
Landscaping. For all zoning districts where required, the developer should incorporate sufficient planting into his design so as to gain recommended approval of the township planning agency including open space, planting strips, screening, formal gardens, shade trees, natural barriers or other types of acceptable growth.
E. 
Buffer planting requirements. The land surrounding any permitted use shall be landscaped except for paved areas, and necessary parking and service areas, and each apartment house, group apartment development, or nonresidential use shall make such other suitable screening provision as is necessary to safeguard the character of an adjacent area. A buffer area shall be used for no purpose other than planting, screening, lawns, or trees except for necessary accessways. Such buffer area shall include a suitable and uninterrupted coniferous planting screen of a minimum height of six (6) feet at planting and six (6) feet on centers to give maximum protection and immediate screening to the abutting district. Such screening shall be permanently maintained, and replaced where necessary to present an attractive appearance.
F. 
Preserved landscaping. When there is a conscientious effort to preserve the existing natural integrity and character of a site and where such reservation effectuates areas of woodland and trees comparable to required planting improvements, i.e. landscaping and buffer screening, the plan may be received in lieu of additional landscaping requirements.
Wherever practicable, provision shall be made for suitable open space for parks, playgrounds and recreational areas. In commercial areas, provision shall be made for suitable open space for walkways (connecting parking facilities with commercial structures), malls, sitting areas and other amenities. Provisions shall be made for the preservation of natural features, including large trees, groves, waterways, scenic points, historical spots and other community assets, as may be practical.
1. 
Reserve strips controlling access to streets, alleys, subdivision or adjacent areas are prohibited.
2. 
Right-of-way and/or easements for sanitary utilities, road construction or maintenance, or for drainage pruposes, public utilities, or for any specific purpose shall be required by council as needed. The location and width in each case to be as determined by the body.
A. 
Nothing shall be permitted to be placed, planted, set or put within the area of an easement other than lawn or agricultural planting.
B. 
The owner of any lot, upon written request by the township, and at the owner's sole expense, shall remove anything placed, planted, set or put, (with or without knowledge for this regulation) within the area of any easement.
C. 
To the fullest extent possible, easements shall be adjacent to rear or side lot lines.
3. 
No right-of-way or easements for any purpose whatsoever shall be recited or described in any deed unless the same has been shown on the approved plan.
A. 
Any error found in a deed shall be immediately corrected and recorded in the Office of the Recorder of Deeds for Montgomery County at Norristown, Pennsylvania, at the sole expense of the subdivider or developer.
4. 
Easements.
A. 
Utility. Easements with a minimum width of twenty (20) feet shall be provided for common utilities and drainage when provided in undedicated land. Nothing shall be permitted to be placed, planted, set or put within the area of an easement.
B. 
Drainage. Drainage easements shall be required along natural watercourses to a minimum width of twenty-five (25) feet from the center line and may be used for storm and sanitary sewers, and as open space. Where conditions warrant, such as in flood-plains or culvert backwater areas, additional width shall be required in such cases where runoff treatment requires a wider easement. Runoff studies must prove such requirements beyond the floodplain.
C. 
Dedication. Where storm water or surface water will be gathered within the subdivision or land development and discharged or drained in volume over lands within or beyond the boundaries of the subdivision or land development, the subdivider, developer, or builder shall reserve or obtain easements over all lands affected. The easements shall be adequate for such discharge of drainage and for carrying off of such water and for the maintenance, repair, and reconstruction of the same, including the right of passage over, including vehicles, machinery and other equipment for such purposes, and which shall be sufficient width for such passage and work. The subdivider, developer, or builder, shall convey, at no cost, the easements to the township upon demand.
1. 
[Required.] Monuments shall be of stone or concrete and located on the right-of-way lines at corners, angle points, beginning and end of curves, and as otherwise required. Monuments shall be indicated on all plans. They shall be placed after a new street has been completed. The center line of all new streets shall be marked with spikes and referenced to permanent monuments or structures. Utility easements shall be monumented at their beginning and at their end. Also, areas to be conveyed for public use shall be fully monumented at their external boundaries. A certified copy of this reference information shall be given to the township engineer. Permanent reference monuments of cast concrete or durable stone twenty (20) inches by four (4) inches, by four (4) inches, with forty-five (45) degree beveled edges, shall be set by the subdivider, developer, or builder, at all corners and angle points of the boundaries of the original tract to be subdivided or developed and at intermediate points as may be required.
2. 
Bench marks. Elevations are based on Township sanitary sewer system data. Location and elevation is available to all engineers and surveyors upon request to the engineer's office. All contours and elevations shown on plans must be based on this system.
3. 
Staking requirements. All lots shall be staked by the registered engineer or surveyor for the subdivider or developer when final grading has been completed. This stake out shall be visible and completed before an owner or occupant moves into the property. All lot corner markers shall be permanently located and shall be at least five eighths-inch metal pin with a minimum length of twenty-four (24) inches, located in the ground to existing grade.
[Ord. No. 1414, § 1, 1-12-2004]
1. 
No changes shall be made in the contour of the land and no grading, excavation removal nor destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced, until such time that a plan for minimizing erosion and sedimentation has been processed and reviewed by the Township engineer and the Montgomery County Conservation District.
2. 
Subdivision or land development plans shall not be approved unless there has been an erosion and sedimentation plan approved by the Township engineer that provides for minimizing erosion and sedimentation consistent with the Plymouth Township Erosion Control and sedimentation control ordinance and an improvement bond or other acceptable security is deposited with the Township in the form of an escrow guarantee which will ensure installation and completion of the required improvements.
3. 
Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards and specifications of the Plymouth Township Erosion Control and sedimentation control ordinance. The Township engineer shall ensure compliance with the appropriate specifications. Copies of the ordinance are available from the Township.
4. 
Council, in its consideration of all application plans of subdivision and land developments shall condition its approval upon the execution of erosion and sediment control measures as contained in the Plymouth Township Erosion Control and sedimentation control ordinance.
5. 
Final approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the improvements construction encroachments and plans.
6. 
The Township engineer shall review stream encroachments and channel construction, and shall submit a review of said construction to the Pennsylvania Department of Environmental Resources. Said construction shall be approved by the Pennsylvania Department of Environmental Resources prior to record plan approval.
7. 
Final plans for minimizing erosion and sedimentation, as approved, will be incorporated into the agreement and bond requirements as required by the Township. For projects where earthmoving will involve more than twenty-five (25) acres at one time, a DER erosion and control permit is required prior to plan approval.
8. 
An applicant shall comply with the stormwater management regulations set forth in Section 522 of this Appendix C.
[Ord. No. 837, § 510, 9-8-1980; Ord. No. 1134, § 1, 9-27-1993; Ord. No. 1209, § 1, 12-16-1996; Ord. No. 1321, § 3, 4-10-2000; Ord. No. 1414, § 2, 1-12-2004]
All storm drains and drainage facilities such as gutters, catch basins, bridges and culverts shall be installed and the land graded for adequate drainage, as shown on the improvement construction plan.
1. 
Design. Storm drains and appurtenances shall be required to be constructed by the developer to take surface water from the bottom vertical grades, the grades of which slope on both sides toward the bottom, to lead water away from springs, and to avoid excessive use of cross gutters at street intersections and elsewhere. Wherever practical, surface waters shall be enclosed in a storm drainage pipe. Open watercourses will be discouraged excepting along a natural stream, with particular attention to the impact on public convenience or safety. When submitting a plan for approval involving the construction of storm drains, the designer's computations shall be submitted in duplicate to facilitate the checking of design. In determining the capacity of the storm drainage facilities, the developer's engineer shall use the Pennsylvania Department of Transportation Design Manual, Chapter 12, "Drainage Design," as amended.
2. 
Size and Grade. Storm drains shall be adequate for the anticipated runoff when the area is fully developed as permitted by zoning. They shall have a minimum grade of 0.5 per cent (1/2% of 1%) unless otherwise approved by the Township engineer. The rainfall frequency shall be twenty-five (25) years.
3. 
Manholes. Manholes shall be constructed at all changes in horizontal or vertical alignment; shall be spaced not more than 300 feet apart on pipe of 24 inches internal diameter or less, and not more than 500 feet apart where larger sizes are installed. Inlets may be substituted for manholes where they will serve a useful purpose.
4. 
Inlets. Inlet spacing shall be so arranged that 95% of the gutter flow will be captured. No inlet smaller than Pennsylvania Department of Transportation, "Type "C" Four-Foot Inlet," shall be used on streets with grades of 4% or less. Pennsylvania Department of Transportation, "Type "C" Six-Foot Inlets" shall be used on streets with grades of more than 4% and at sump conditions. Inlets at street intersections shall be placed on the tangent and not on the curved portions. The gutter adjustment to and immediately upgrade from the inlet shall be so warped as to direct the water into the inlet.
5. 
Castings. Manhole and inlet castings, together with their covers or gratings, shall conform to Township Engineer's requirement. Manhole covers and frames in the cartway shall include a "Preko" adjustable manhole frame. (Neenah Foundry Company) or approved equal.
6. 
Stormwater roof drains. Stormwater roof drains and pipes shall not discharge water over a sidewalk, but shall extend under the sidewalk to the gutter. Where storm drains are accessible, the roof drain shall be connected thereto.
7. 
Unnatural drainage. Wherever construction stops or concentrates the natural flow of storm drainage in such a way as to affect adjoining properties, approval of the owners should be obtained in writing and a copy filed with the Township Engineer. Approval of plans by the Township does not authorize or sanction drainage affecting adjoining properties. For residential properties, the discharge of stormwater shall not be closer than 10 feet from any property line.
8. 
Drainage from nonnatural sources. Water originating from other than natural sources, such as air conditioning units, sump pumps, or other dry weather flow, wherever practicable, shall be discharged into natural watercourses on the property. These facilities shall not discharge water under the sidewalk through the curb into the gutter.
9. 
Stormwater retention.
A. 
Stormwater retention facilities will be required if one of the following conditions are met:
(1) 
Runoff from the development would exceed the capacity of downstream stormwater facilities;
(2) 
Runoff from the development would increase the peak runoff from the existing conditions. One single-family dwelling not requiring subdivision is exempt from this requirement;
(3) 
Runoff from a proposed parking facility or building would increase the peak runoff from the existing condition.
B. 
The design criteria for the stormwater retention facility shall be approved by the Township engineer. Developers shall investigate all measures available to reduce and retain water runoff. Where appropriate, additional reviews shall be performed by the United States Department of Agriculture Soil Conservation Service and/or the Bureau of Dams and Encroachments of the Pennsylvania Department of Environmental Resources.
10. 
Design submission.
A. 
All plans showing the proposed storm sewer construction must be accompanied by a complete design submitted by the registered engineer.
B. 
When subdivisions or land developments are submitted to the Township for approval in sections, a complete stormwater control design for the proposed subdivision and land development shall be submitted. The proposed design must include the entire tract and not a portion.
C. 
If only a section of a subdivision or land development is contemplated for construction, the engineer shall show how he proposes to handle stormwater from this section in order to prevent damage to adjacent properties. If temporary construction is required, the engineer shall include such structures in the plan submitted.
D. 
In the event such temporary measures cannot ensure protection to the adjacent properties, then the main outfall line of the storm sewer shall be included as part of the construction of the proposed section.
11. 
Stony Creek/Sawmill Run Watershed Stormwater Management. The design features for all lots located within the Stony Creek/Sawmill Run Watershed shall be in compliance with the Stony Creek/Sawmill Run Watershed Stormwater Management Ordinance, Ordinance No. 1101 of May 11, 1992, Appendix E to the Plymouth Township Code.
12. 
An applicant shall comply with the stormwater management regulations set forth in Section 522 of this Appendix C.
[Ord. No. 997, § 1, 7-11-1988]
A. 
The regulation contained herein shall apply in those areas identified as floodplain in article XXVII of the Plymouth Township Zoning Ordinance [Appendix B]. 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.
B. 
The regulations contained herein are intended to conform to the elevation, floodproofing and anchoring requirements of section 60.3d of the National Flood Insurance Program P.L. 93-234, as amended, regulations. 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 Plymouth Township and the eligibility of the property owners in the Township for the benefits of the National Flood Insurance Program, P.L. 93-234.
C. 
Prospective developers shall consult with the Township engineer to make a determination as to whether or not the proposed subdivision or land development is located within an identified floodplain.
D. 
Where not prohibited by this or any other codes or ordinances, land located in floodplain may be subdivided or developed with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other codes or ordinances regulating such development.
E. 
Storm drainage facilities shall be designed to convey the flow of surface water 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.
The township engineer may require an underground system to accommodate a 100-year flood and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
F. 
The finished elevation of proposed streets within floodplain areas shall be no more than two (2) feet below the base flood elevation. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
G. 
All new or replacement sanitary sewer systems, whether public or private, located in floodplain areas shall be flood-proofed up to a point one and one-half (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 flood-proofed to a point one and one-half (1 1/2) 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 flood-proofed to a point one and one-half (1 1/2) 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 showing of good and sufficient cause;
(b) 
A determination that failure to relax the requirements would result in exceptional hardship to applicant;
(c) 
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.
3. 
A waiver shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.
4. 
The township shall (i) maintain a record of all waivers including justification for their issuance, and (ii) report such decisions issued in its annual report submitted to the Federal Insurance Administrator.
K. 
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the township and until all required permits or approvals have been first obtained from the Department of Environmental Resources and the Bureau of Dams and Waterway Management.
In addition, the Federal Insurance Administrator and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the township prior to any alteration or relocation of any watercourse.
Bridges and culverts shall be designed to meet current Pennsylvania Department of Transportation Standards to support expected loads and to carry expected flows. They shall be constructed to the full width of the right-of-way and must be reviewed and approved by the appropriate governmental agencies.
Approval of the Pennsylvania Department of Environmental Resources is required for all stream encroachments.
1. 
Sewers. Wherever practicable, sanitary sewers shall be installed and connected to the township sanitary sewer system. In areas not presently served by public sanitary sewers, the township shall require, in addition to installation of individual on-site sewage disposal facilities, the installation and capping of sanitary sewer mains and house connection, if studies by council indicate that the extension of public sanitary sewer trunks or lateral to serve the property subdivided appears probable or necessary to protect public health.
A. 
When a feasibility analysis, conducted by the township engineer, municipal authority, and district sanitarian has ascertained that sanitary sewers are practicable, then sanitary sewers, with connection to each building in a subdivision or land development, shall be installed at the expense of the developer, and connected to the township sanitary sewer system.
B. 
If outfall sewers are not available in the vicinity, but are considered reasonably necessary in the near future by the township or Pennsylvania Department of Environmental Resources or other appropriate state agency for the area in question, a system of sewers, together with all necessary laterals extending from mains to the street right-of-way line shall be installed at the expense of the developer. The sewer lines shall be suitable capped at the limits of the subdivision or land development and the laterals shall be capped at the right-of-way. The sewer installations shall include the construction within rights-of-way or easement to bring the sewer to the future connection with the township sanitary sewer system.
C. 
If sanitary sewers are not to be installed at the time of subdivision and development, subdividers shall grant, reserve, and set aside easements in streets and roads for installation and maintenance of sewer lines at such time that the subdivision or land development shall be a part of the township sanitary sewer system.
D. 
A sewer shall be considered to be planned for extension to a given area any time after preliminary engineering and related studies have been completed and the construction of facilities adequate to serve the area containing the subdivision has been programmed for completion within a reasonable time.
E. 
All public sewers shall be constructed in accordance with the Plymouth Township Municipal Authority's "Standard Specification for the Construction of Sanitary Sewers and Appurtenances," as amended.
F. 
No public sewer system or treatment plant shall be constructed until plans and specifications have been submitted to the department of environmental resources and the township municipal authority and approved for construction.
G. 
Size and grade. Sanitary sewers shall have a minimum inside diameter of eight (8) inches and a minimum grade of 0.5 per cent (1/2 of 1%).
H. 
Manholes. Manholes shall be located at intervals of two hundred fifty (250) feet and at each change of line or grade. In exceptional cases, the interval may be extended to not more than three hundred (300) feet. Manhole covers and frame in the cartway shall include a "Preko" adjustable manhole frame (Neenah Foundry Company) or approved equal.
I. 
Laterals. Lateral connections to each lot shown on the final plan shall be installed to the right-of-way line of the street prior to paving. Each building shall have a separate connection to the township sewer.
2. 
On-Lot Disposal Systems.
A. 
If public sewer facilities are not available, the developer shall provide for sewage disposal on an individual lot basis.
B. 
On-lot sewage disposal facilities must comply with the provisions of Chapters 71 and 73, Administration of Sewage Facilities Program and Standards for Sewage Disposal Facilities, Pennsylvania Sewage Facilities Act (Act of January 24, 1966), P.L. 1535, No. 537, as amended. Prior to signing the record plan by the township, the proposed facilities shall be deemed satisfactory by the Pennsylvania Department of Environmental Resources and a notation to this effect shall be placed on the record plan.
C. 
The construction of on-lot systems shall be inspected by the township's sewage enforcement officer, as follows:
(1) 
Upon completion of the excavation;
(2) 
Upon installation of the major equipment such as septic tanks, distribution boxes, and drain tiles, before any backfilling.
D. 
Each owner or occupant of a dwelling unit with on lot facilities shall be provided with a plan of the system and an instruction manual for the use and proper maintenance of the system by the developer.
All water and gas mains and services, and other underground facilities shall be installed prior to street paving at locations approved by the township for the full width of the right-of-way.
1. 
Underground Utilities. All water and gas mains shall be installed underground. All electric, telephone, and communication services, both main and service lines, shall be provided by underground cable, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services. All main underground cables which are within the right-of-way of a street shall be located as specified by the township engineer.
A. 
In order to promote and facilitate the undergrounding of utility distribution lines, a letter of endorsement shall be required from the suppliers of utility service (not limited to electrical, telephone, or cable television) of the developer's choice, wherein the applicant acknowledges that underground utility service shall be placed on the improvement construction plan as a prerequisite to approval of the record plan.
B. 
The provisions in this ordinance shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities which may hereafter be located with public easements or rights-of-way designated for such purposes.
C. 
The developer shall install or cause to be installed at the developer's expense metal (or concrete) pole street lights serviced by underground conduit in accordance with the improvement construction plan to be prepared by the developer's engineer and approved by the township engineer and by the Philadelphia Electric Company. The requirements for metal (or concrete) poles may be waived in such instances as approved by council due to the existence of wooden poles already in place. Provision shall be made for energizing said lighting after fifty (50) per cent or more of the dwellings in a given subdivision or land development, have been occupied. The developer shall be responsible for all costs involved in lighting the streets until such time that the streets are accepted or condemned as public streets by the township.
D. 
All utilities, including service connections back to the right-of-way line, shall be installed before the streets shown on the plan are constructed.
[Ord. No. 837, § 515, 9-8-1980; Ord. No. 1038, § 4, 5-14-1990; Ord. No. 1356, §§ 5 and 6, 9-10-2001; Ord. No. 1554, 3-14-2011]
1. 
The developer shall provide public water service to provide adequate supply to each lot in a subdivision or, as required, to a building in a development. 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, the applicant shall present evidence to the Township that the subdivision or development is to be supplied by a certificated 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.
2. 
Where no public water service is available and it would be an undue hardship for the developer to have the public water service extended, the developer may, on approval of council, be permitted to construct a well on each lot. All wells shall be constructed according to present rules and regulations, or any future amendments thereto of the state department of environmental resources or other appropriate state agency and the Township.
3. 
The proposed location of the wells for each lot shall be shown on the improvement construction plan and/or record plan. Where there are existing wells on the property or adjoining lots, they must also be shown.
4. 
A circular area with a radius conforming to the rules and regulations, or future amendments thereto, of the state department of environmental resources or other appropriate state agency and the Township, shall be shown around each well to denote clear space in which no sewage system is to be located.
5. 
Where public water service is furnished, the circles are not necessary, with the exceptions of those wells lying immediately adjacent to the subdivision. However, the useable area is limited by a clear zone surrounding the water service line to each house as required by the state department of environmental resources or other appropriate state agency and the Township.
6. 
Hydrants. "Fire hydrants" are to be installed at the expense of the developer in accordance the following:
A. 
All fire hydrants shall be placed at intervals of one thousand (1,000) feet or less on any water line on any public street and not more than four hundred (400) feet from an existing or proposed structure, unless an exception applies under the International Fire Code of 2018, as may be amended from time to time.
[Amended 11-14-2022 by Ord. No. 1685]
B. 
All fire hydrant installations shall be provided with two and one-half (2 1/2) inch male outlet connections with covers in addition to a four and one-half (4 1/2) inch National Standard Thread (O.D. Male Thread 5.7609 inches, 4 threads per inch) steamer connection.
C. 
All fire hydrants shall be of the safety flange protection type.
D. 
Required fire hydrants shall be installed prior to the framing of structures with the exception of sample homes.
E. 
The distance between hydrants and to structures shall be measured over existing or proposed roadways that meet the minimum standards for a fire lane as defined in the most recently adopted edition of the International Fire Code. If no physical roadways exist, plans must be submitted to the Fire Marshal's Office indicating all proposed building locations and the proposed location(s) and type of hydrant(s), including detailed drawings of installation. Prior to approval the Fire Marshal shall also establish a minimum fire flow rate that must be obtained by the developer prior to the issuance of any building permits or the delivery of any construction trailers.
1. 
The developer shall erect at every street intersection a street sign or street signs meeting Township approval, having thereon the names of the intersecting streets.
2. 
Street signs are to be erected when the first dwelling on the street is occupied. Temporary street signs may be erected on the approval of the Township but shall be replaced by permanent signs before final offer for the dedication of roads.
1. 
Notice. The Township engineer and Plymouth Township Municipal Authority's Engineer shall be notified forty-eight (48) hours in advance of the commencement of any construction of installation operation, in order that provision may be made for inspection by the Township and the authority.
Construction and installation operations shall also be subject to inspection by Township officials during the progress of the work and the subdivider, developer, or builder shall pay for all inspections.
2. 
Samples of Materials. Samples of the materials shall be furnished to the Township engineer in the same manner as is required of contractors under the highway and sanitary sewer specifications.
[Ord. No. 1158, § 1, 6-20-1994]
1. 
Intent. The intent of these regulations is to promote practical community development by retarding erosion, sedimentation and stimulating groundwater recharge; to retard glare and heat pollution; to stimulate air purification; to provide for the introduction of indigenous vegetation wherever possible to provide oxygen regeneration; to provide for noise abatement; to assist in vehicular pedestrian control; to maintain the Township's natural amenities; and to provide for the harmonious development of contiguous properties in different zoning districts by providing certain minimum landscaping requirements for all future land developments, including residential, multifamily residential, motel, office, commercial, institutional, industrial or public purposes.
2. 
General Requirements.
A. 
The standards of design of this section shall be used to judge the adequacy of subdivision or land development proposals. The Township council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of the regulations.
B. 
The standards included in these regulations are minimum design requirements. The Township council reserves the right, in any case, to request that the requirements listed herein exceed these minimum standards if conditions so warrant.
C. 
Unless waived by Township council, plans for proposed planting shall be prepared by a landscape architect registered by the Commonwealth of Pennsylvania and familiar with this Landscape Ordinance in order to promote the proper use and arrangement of plant materials. These plans shall be reviewed by the Township engineer and the planning agency for final approval by the Township council.
D. 
Street trees, screen buffers, softening buffers and other required plant material shall be planted prior to the issuance of a use and occupancy permit. In lieu of planting due to seasonal constraints, the locations of street trees shall be staked and the developer shall be required to submit to the Township a memorandum signed by the purchaser at the time of settlement. This memorandum shall indicate that the purchaser understands and acknowledges that the stakes indicate the locations of trees to be planted and that the trees shall be planted by the developer.
E. 
All plant material shall meet the standards of the "American Standard for Nursery Stock" by the American Association of Nurserymen, (1990 or most recent edition.)
F. 
All plant material shall be installed in accordance with the planting practices stated in chapter 3 of "Tree Maintenance" by P.P. Pirone, (most recent edition.)
G. 
All plant materials shall be guaranteed for a period of one (1) year following final approval by the Township engineer except where otherwise noted in this ordinance [section].
Guarantee. All plant material shall be guaranteed by the developer for one (1) year from the date of final approval of the landscape installation by Township engineer and until satisfactory inspection between May 15 and November 15. Any plant material that is twenty-five (25) percent or greater dead shall be considered dead. A tree shall be considered dead when the main leader has died or twenty-five (25) percent of the crown is dead. Any dead plant material shall be replaced and installed according to approved planting practices.
H. 
The developer shall contact the Township in writing to request a final inspection for acceptance at the end of the one-year guarantee period. These inspections will be performed when plant materials are in full leaf only (May 1 through November 15). All guarantee escrow funds will be released upon satisfactory inspection and acceptance at the end of the guarantee period.
3. 
When Required.
A. 
Landscape plans shall be required for all districts under the Plymouth Township Zoning Ordinance of 1960, as amended.
B. 
In AA, A, B and C Residential Districts, when the area developed involves a single house, or an area one (1) acre or less, landscape features shall be shown on the subdivision plan.
4. 
Landscape Plan Requirements.
A. 
The landscape plan shall show the following information:
(1) 
Plan scale, date, north arrow and location map with zoning district designations for the site and adjacent properties.
(2) 
Property lines, setback lines and easements.
(3) 
Location of all existing and proposed buildings.
(4) 
Location of all existing and proposed roads, parking, service areas and other paved areas.
(5) 
Location of all outside storage and trash receptacle areas.
(6) 
Location of sidewalks, berms, fences, walls, freestanding signs and site lighting.
(7) 
Location of proposed underground and surface utilities such as transformers, hydrants, manholes and mechanical equipment.
(8) 
Location of existing individual trees with trunks eight (8) inches in diameter or more measured at twelve (12) inches above the ground. Trees in hedgerows, groves or woodlands with trunk diameters of eight (8) inches in diameter or more may be shown by indicating the outer canopy or drip line of the tree grouping; existing trees shown as masses must be labeled with an approximate quantity (refer to Table 1) as calculated. This provision may be waived by the Township council if all trees eight (8) inches in diameter or more are counted before site development begins and guaranteed by cash escrow to be replaced in accordance with the provisions of this ordinance [section].
(9) 
Calculations for removal and replacement of existing trees in the form as provided by resolution of Township council and set forth in an Appendix A to this ordinance.[1]
[1]
Editor's Note: Appendix A is on file in the Township offices.
(10) 
A replacement tree plant schedule listing the trees proposed for replacement of existing trees eight (8) inches or greater caliper destroyed by development. The schedule shall indicate the botanical and common name, height, spread, caliper, quantity and special remarks for all proposed replacement trees.
(11) 
A plant schedule listing all new plant materials (trees, shrubs and ground cover) proposed for planting. This schedule shall indicate the botanical and common name, height, spread, caliper, quantity and special remarks for all proposed plant materials.
(12) 
A variety of tree and shrub species must be used in each schedule of new plant materials proposed for planting, using the following scale:
1—3 trees to be planted: one (1) species.
4—12 trees to be planted: two (2) species.
13—20 trees to be planted: three (3) species.
21—40 trees to be planted: four (4) species.
41 trees and over to be planted: six (6) species.
The same scale shall be applied to shrub plantings.
(13) 
Plans shall be drawn to a scale of not less than one (1) inch equals fifty (50) feet and show all existing and proposed contours at two-foot intervals.
(14) 
Details for the planting and staking of trees, the planting of shrubs and any other details which depict other related installations.
(15) 
Existing natural features such as waterbodies, floodplains, wetlands, rock outcroppings and slopes in excess of twenty-five (25) percent.
(16) 
Location of all proposed plant species to include trees, shrubs, groundcover, perennials and lawn.
(17) 
Information in the form of notes or specifications concerning planting and lawn areas. Such information shall specify the quality requirements and material for planting, seeding, sodding, groundcover, mulching and the like.
(18) 
A detailed cost estimate shall be attached to the final landscape plan submission for the preparation of the land development agreement. This estimate shall show the value of all proposed landscaping including seeding and sodding. Unit costs for plant material shall include costs for materials, labor and guarantee.
(19) 
Limits and details of temporary fencing to be used for protection of existing trees and shrubs during construction.
(20) 
Interior parking lot greenspace calculations for parking lots larger than four thousand (4,000) square feet will appear on the drawings.
5. 
Planting Requirements. Street trees, softening buffers, screen buffers, general on-site screening, parking area landscaping, detention basin landscaping and individual lot landscaping shall be provided according to the standards listed under "General Requirements," section 2, and include the following specific planting requirements:
A. 
Street trees.
(1) 
When required. Street trees shall be required for any subdivision or land development as part of the design and construction of:
(a) 
New streets.
(b) 
New sidewalks or pedestrian ways.
(c) 
Existing streets, sidewalks, pedestrian ways, highways, bicycle trails or pathways when they abut or lie within the subdivision or land development.
(d) 
Access driveways to residential developments serving more than four (4) dwelling units.
(e) 
Nonpublic cartways, access driveways or boulevards serving developments other than single-family dwelling residential developments.
(2) 
Location.
(a) 
Street trees shall be spaced to permit the healthy growth of each tree. But in no instance shall they be closer than fifty (50) feet on center nor further than seventy-five (75) feet on center for each side of the street. Within the discretion of township council, they may be spaced up to one hundred (100) feet on center.
(b) 
Street trees shall be planted no closer than one (1) foot outside the ultimate street right-of-way.
(c) 
At intersections, trees shall be located no closer than fifty (50) feet from the intersection of the curb.
(d) 
When trees are existing along a roadway, the existing shade trees over eight (8) inches in caliper within twenty (20) feet of the curb face shall be counted toward the street tree requirement. Where existing street trees are over seventy-five (75) feet apart, new shade trees shall be planted between these existing trees at no greater than seventy-five (75) feet on center and no less or closer than twenty-five (25) feet from any existing tree.
(e) 
Street trees may be grouped [in groups of three (3) or more] or planted in an informal arrangement if appropriate to the area, at equal to greater than seventy-five (75) feet on center and no less or closer than twenty-five (25) feet from any existing tree.
(f) 
Street trees may be grouped [in groups of three (3) or more] or planted in an informal arrangement if appropriate to the area at a quantity equal to or greater than the standards previously stated. If this method of planting is chosen, street trees shall average one (1) tree every forty (40) feet with no spacing or gaps between tree groupings greater than one hundred fifty (150) feet.
(3) 
Size, type and quality standards.
(a) 
Street trees shall be a minimum of three (3) inches in caliper. Trees shall meet the general specifications for height in relationship to caliper for shade trees as stated in the "American Standard for Nursery Stock" by the American Association of Nurserymen. All branches for street trees shall be pruned to a clearance height of nine (9) feet above the ground. No side branching of tree trunks shall be allowed below six feet six inches (6'6") from the ground or twelve (12) feet, when tree is mature, where they overhang any public road. Height/spread relationship for street trees upon installation shall be a minimum of one (1) foot spread per two-foot height of tree except where upright or columnar tree forms have been approved. Trees shall have a single, straight trunk and central leader and be free of disease and mechanical damage. (See Appendix "D"[2], topping and pruning diagram adopted from time to time by resolution by township council.)
[2]
Note—Appendix D, referred to above, has not been included herein, but can be found in file with the township.
B. 
Softening buffer.
(1) 
When required.
(a) 
Refer to Table 1, minimum planting requirements adopted from time to time by resolution by township council, for softening buffer planting requirements in each zoning district. Provided, however, the same tract shall not be required to provide softening buffer and screen buffer.
(b) 
The buffer area shall be used for no purpose other than planting of trees, shrubs and lawn to meet planting requirements and may include a wall or fence not to exceed six (6) feet in height. Any wall or fence shall be constructed in such a manner that it will not conflict with the character of the abutting district or property.
(c) 
The applicant shall not be required to provide a buffer yard planting should existing planting, topography or man-made structures be acceptable to the township council.
(d) 
Within the buffer setback, no slopes shall be steeper than one-foot height for each four-foot width [twenty-five (25) percent].
(e) 
A softening buffer is not required where a screen buffer is provided.
(2) 
Location.
(a) 
The softening buffer shall be located along tract boundary lines or may be sited on any portion or location on the property as permitted by the township council.
(3) 
Buffer size and type.
(a) 
A softening buffer is a mixed perimeter landscape planting intending to provide an informal separation between neighboring developments. Refer to Table 1 for size and type.
(4) 
Quantity.
(a) 
Refer to Table 1 for amount of planting required in each zoning district.
(5) 
Plant material requirements.
(a) 
Refer to Table 1 for plant material requirements.
(b) 
Deciduous and semideciduous plants may be used with evergreens to provide color and a softer, more interesting and natural effect.
(c) 
All plant material used shall meet minimum height requirements as stated in "Acceptable Plant List." (Appendix "C"[3], adopted from time to time by resolution of township council.)
[3]
Note—Appendix C, referred to above, has not been included herein, but can be found in file with the township.
C. 
Screen buffer.
(1) 
When required.
(a) 
Refer to Table 2, screen buffer requirements including buffer sizes and types, as adopted from time to time by resolution by township council, for screen buffer planting requirements in each zoning district. Provided, however, the same tract shall not be required to provide softening buffer and screen buffer.
(b) 
All truck loading, outside storage areas, mechanical equipment and trash receptacles shall be screened from view from streets and abutting residential areas in accordance with the standards for screen buffer size and types.[4]
[4]
Note—Ord. No. 1158, adopted June 20, 1994, in its original form contained a reference to section 5.B(3)(a) and (b) in subsection C.(1)(b), which reference has been deleted at the request of the township.
(2) 
Location.
(a) 
The screening buffer shall provide a visual barrier between adjacent land uses. The screening buffer shall be aligned adjacent to property lines or ultimate right-of-way boundaries or may be sited on any portion or location of the property as permitted by the township council.
(3) 
Buffer size and type.
(a) 
Trees and shrubs used for screening in buffer areas and yards shall be composed of one hundred (100) percent evergreen trees and shrubs and shall be so arranged as to provide a visual screen of fifty (50) percent and at least six (6) feet in height at the time of planting.
(b) 
Walls, ornamental structures, fences and berms, or a combination of these, may be used in combination with appropriate plant material to achieve a height of at least six (6) feet. These structures and adjustments to plant quantity requirements, if any, must be approved by the township council.
D. 
Detention Basin Landscaping.
(1) 
Whenever a stormwater retention facility, detention basin or retention pond (hereinafter called "basin") is provided, such basin shall conform to the requirements set forth in the township zoning ordinances.
(2) 
The basin shall be so designed to the approval of the township engineer so that the plantings in and adjacent to it shall not have a negative effect on the hydrological function of the basin.
(3) 
Drainage ways, detention basins and retention ponds should be aesthetically pleasing and compatible with the adjacent land use. Creative grading and innovative basin forms are encouraged. Where basins adjoin existing woodlands, it is recommended that plantings be selected to blend with the natural surroundings.
(4) 
Basin floods.
(a) 
Floors dry most of the year shall be landscaped in one or a combination of the following (See Appendix "C"):
(i) 
Seeded or sodded lawn.
(ii) 
Seeded in low-maintenance wildflowers and meadow grasses.
(iii) 
Wildflower sod.
(iv) 
All-season groundcover.
(b) 
Basin floors, portions of a floor or channels which are wet most of the year shall be landscaped in one or a combination of the following:
(i) 
Wet habitat grasses and groundcovers.
(ii) 
Seeded in wildflower mix for wet areas.
(5) 
Basin perimeter plantings.
(a) 
There shall be a minimum of one (1) shade tree for each forty (40) linear feet of basin perimeter. To promote diversity, up to fifty (50) percent of the shade trees may be substituted with an option of two (2) flowering trees, two (2) evergreen trees or ten (10) shrubs for every shade tree. No planting shall be placed on the fill area of the berm.
(b) 
Refer to section 5.F. for steeply sloped basin areas.
E. 
Individual lot landscaping.
(1) 
When required.
(a) 
Unless waived by township council, individual lot landscaping includes those areas of the site not covered by sections 5.A. through 5.D.
(b) 
Refer to Table 1 for requirements in each zoning district.
(2) 
Location.
(a) 
Trees specified under this section shall be planted either on the lot or within the general open space of the subdivision.
(3) 
Size and type.
(a) 
Trees shall be a minimum of two (2) inches in caliper and of the recommended species listed in "Acceptable Plant List" (Appendix "C").
(b) 
Refer to Note #1 on Table 1 for substitutions of plant type.
F. 
Steep slope landscaping.
(1) 
When required.
(a) 
Steep slope landscaping includes disturbed areas of the site with slopes in excess of one (1) foot vertical to four (4) feet horizontal (4:1), twenty-five (25) percent slope.)
(2) 
Sodded lawn.
(a) 
Sodded lawn or other groundcover planting is required on slopes in excess of (4:1), twenty-five (25) percent slope.
(3) 
Groundcover plantings.
(a) 
Groundcover plantings are required on slopes in excess of one (1) foot vertical to three (3) feet horizontal (3:1), thirty-three (33) percent slope.
(b) 
Refer to "Acceptable Plant List" (Appendix "C") for groundcovers.
(4) 
Supplemental plantings.
(a) 
Supplemental plantings of shrubs, ornamental trees, evergreen trees and shade trees may be planted as a part of steep slope landscaping.
G. 
Landscaping of other areas.
(1) 
Any area not used for buildings, structures, paved areas, planting beds or screening shall be planted in an all-season groundcover or lawn and other landscape materials in accordance with the landscaping and screening plan. Existing vegetative materials shall be preserved wherever possible.
H. 
Parking area landscaping.
(1) 
Requirements and design standards.
(a) 
Refer to Table 1 for requirements in each zoning district.
(b) 
In addition to the trees and shrubs required for buffers and parking areas, a minimum of ten (10) percent of any parking lot facility over four thousand (4,000) square feet in gross area outside curb to outside curb shall be devoted to landscaping.
(c) 
A maximum of fifteen (15) parking spaces shall be permitted in a row without a landscape island of ten (10) feet in width. This island shall contain not less than two hundred (200) square feet of shrubs and groundcover and one (1) shade tree.
(d) 
Raised continuous concrete curbing shall be required around all planting islands. In addition, raised planter islands shall be placed at the end of each row of parking spaces which begins or terminates at an internal circulation drive.
(e) 
For any land use where the total number of parking spaces exceeds two hundred (200) stalls, the parking area shall be divided by continuous island perpendicular to the spaces every one hundred eighty-six (186) feet to one hundred ninety-eight (198) feet (depending on the size of spaces and isles), assuming six (6) rows of parking and three (3) aisles. These divider islands shall be a minimum of fifteen (15) feet wide.
I. 
Existing vegetation.
(1) 
In cases where preserved natural features existing on site duplicate or essentially duplicate the planting requirements, section 5, of this ordinance [section], these requirements may be waived or amended by the township council.
6. 
Preservation and protection of existing plant material.
A. 
All subdivisions and land developments shall be laid out in such a manner so as to preserve the healthy trees and shrubs on the site, whenever possible.
B. 
The conservation measures listed below shall be taken during site preparation activities. At the discretion of the township, and in addition to the measures listed below, the township may require a "prior-to-construction" meeting with the applicant or site contractor to further determine methods to minimize environmental damage.
(1) 
Protection of vegetation from mechanical injury and grading change.
(a) 
All woody vegetation to be retained within twenty-five (25) feet of a building site, parking area or other proposed improvement shall be protected from equipment damage by snow fencing or other effective barriers. Fencing or barriers around trees shall be placed at the drip line, unless determined to be appropriate at another location by the township engineer. (See Appendix "B"[5], Preservation of Existing Trees," adopted from time to time by resolution by township council.)
[5]
Note—Appendix B, referred to above, has not been included herein, but can be found in file with the township.
(b) 
Heavy equipment operators shall not damage existing tree trunks and root systems by driving heavy equipment within or otherwise disturbing the area circumscribed by the drip line of any tree. If there is no alternative to locating a utility line within the tree drip line, it is strongly encouraged that tunnelling, rather than trenching, be used to minimize potential damage to tree root systems. In such cases, the township engineer shall determine the most desirable location for the survival of the tree(s). Where trenching is unavoidable, trenched holes shall be filled as soon as possible and tamped lightly to avoid the creation of air spaces. All disturbed roots shall be cut as cleanly as possible. Tree limbs shall be cut back in proportion to root area loss.
(c) 
Trees shall not be used for roping, cables, signs, fencing or lighting. Nails and spikes shall not be driven into trees.
(d) 
The area around the base of existing wood vegetation shall be left open. No impervious cover, storage of equipment, materials, debris or fill shall be allowed within the drip line of any existing tree.
(e) 
Grade changes to occur at any location on the site shall minimize the adverse effect of that grading activity to existing vegetation. Adequate provisions shall be made to protect such vegetation and its root systems.
(f) 
The township council may, at its discretion, require that specimen plants with significant historic, visual or environmental qualities which would otherwise be removed during site preparation, be transplanted elsewhere on the site or retained in their present location.
(2) 
Protection of topsoil.
(a) 
No topsoil shall be removed from the site unless a sufficient amount is retained to provide at least six (6) inches of topsoil cover over all of the site's exposed earth surfaces. In addition, sufficient soil shall be retained for planting.
(b) 
Topsoil removed by grading operations shall be redistributed and stabilized as quickly as possible following the completion of a project or project phase. All exposed earth surfaces shall be stabilized by the following methods or approved equal:
(i) 
Seeding, sodding, hydroseeding, geotextiles or planting on slopes of ten (10) percent or less.
(ii) 
Sodding, hydroseeding, rip-rap or geotextiles on slopes exceeding ten (10) percent.
(c) 
Grading and earthmoving operations shall be minimized during the period November 15 to April 1, when revegetation of exposed ground surfaces is difficult.
(3) 
Protection during cleanup.
(a) 
All construction debris shall be hauled away from the property, unless provisions acceptable to the township engineer are made for the on-site disposal of such debris.
(b) 
The township shall require that fences and barriers placed around woody vegetation during construction be removed if they impede the growth and maintenance of such vegetation.
(4) 
Protection of vegetation from hazardous and toxic materials.
(a) 
Hazardous or toxic contaminants, including, but not limited to, petroleum hydrocarbons, oils, pesticides, herbicides, thinners, solvents, cleaners, abrasives, acids and bases, are strictly prohibited within or around woody vegetation or within one hundred (100) feet of the drip line of any existing tree.
(5) 
Protection of public lands from alien vegetation.
(a) 
The township shall be authorized to remove any alien vegetation, healthy or diseased, which exists on public lands and which may pose a threat to the indigenous vegetation in township woodlands, wetlands, floodplains and meadows.
7. 
Escrow fund.
A. 
No permit shall be issued unless an escrow fund is established equal to one hundred ten (110) percent of the total cost of the landscape plan. Such fund shall guarantee the cost of purchasing, planting, maintaining and replacing all vegetation material for the guarantee period stated in section 2.B. and 2.H.
8. 
Trimming of trees.
A. 
All street trees shall be kept trimmed by the owner of the property so that the minimum height where they overhang nay public sidewalk shall be nine (9) feet or where they overhang any public roads shall be twelve (12) feet.
B. 
All trees standing on private property and having branches projecting over a public highway shall be kept trimmed by the owner of such private property so that the lowest branches shall have a minimum height of twelve (12) feet.
9. 
Appendices and tables to be adopted from time to time by resolution of township council:
Appendix "A" — Calculations for removal and replacement of existing trees.
Appendix "B" — Preservation of existing trees.
Appendix "C" — Acceptable plant list.
Table 1 — Softening buffer minimum planting requirements and applicable zoning districts.
Table 2 — Screen buffer minimum planting requirements, buffer sizes, types and applicable zoning districts.
[Ord. No. 1170, § 1, 3-27-1995; Ord. No. 1321, §§ 4 and 5, 4-10-2000]
A. 
Legislative intent.
1. 
To provide adequate open spaces, recreational lands and recreational facilities to serve the resident and nonresident inhabitants of the township for both active and passive recreation.
2. 
To further implement the township park, recreation and open space plan.
3. 
To recognize that the development of commercial and industrial uses in the township creates a demand for local recreational facilities.
B. 
Applicability.
1. 
This section shall apply to any residential or nonresidential subdivision and land development applications and plans filed after the effective date of this ordinance [Ordinance No. 1170] and amendments thereto.
2. 
This section shall not apply to applications and plans that council determines only involve minor adjustments or corrections to applications and plans for approval pending at the effective date of this ordinance.
C. 
Limitations on use of fees.
1. 
Uses and accounting. Amy fees collected under this section shall be placed in an interest-bearing account, clearly identifying the specific recreation land and/or facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct or obtain the specific recreation land and/or facilities for which the funds were collected. Such fees shall only be used for the following: acquisition of public open space, development of public recreation facilities, landscaping of public open space and closely related legal, engineering, construction document preparation and design work fees.
2. 
Locations. The township shall identify the locations at which such fees are intended to be expended. If the township does not identify a specific location or if council shall determine that circumstances have changed, then such fees shall be used for the acquisition of land or development of facilities at the Plymouth Township Community Center or East Plymouth Valley Park or at any other recreation area intended to serve the entire township.
D. 
Land dedication.
1. 
Amount of land.
(a) 
Residential. Any applicant for any residential subdivision or land development shall dedicate 800 square feet of land per dwelling unit as common open space, unless council determines that such land in that location would not be reasonable, in which case a recreation fee in lieu of land shall be required under subsections F. and G.
(b) 
Nonresidential. Any applicant for any nonresidential subdivision or land development shall dedicate as common open space the following square footage of land, unless council determines that such land in that location would not be reasonable, in which case a recreation fee in lieu of land shall be required under subsections F. and G.:
(1) 
Office uses. One hundred fifty square feet of land per 200 square feet of floor area for office space.
(2) 
Industrial uses. One hundred fifty square feet of land per 520 square feet of floor area for industrial use.
(3) 
Commercial uses. One hundred fifty square feet of land per 275 square feet of floor area for commercial use.
2. 
Unacceptable open spaces. Land shall not be used to meet the minimum required amount of open space if the land has any of the following conditions:
(a) 
Floodplain areas, wetlands or areas with slopes in excess of 15%.
(b) 
Land designed for retention/detention basins in connection with required stormwater management, or land which contains fuel, power or other transmission lines, whether underground or overhead.
(c) 
Land which is unsuitable for active or passive recreation by reason of its size, shape, location and topography and/or lacks a safe and direct access either by adjoining public road frontage or public easements which shall be no less than 25 feet in width.
(d) 
Land that is located within any required setback.
3. 
Location of land. The location of the open space proposed to be dedicated to the township need not be part of the land development or subdivision. It may be located on a separate parcel of land, provided that, in the sole discretion of council, it is convenient to the future inhabitants of the subdivision or land development. In addition, the applicant, with the approval of council, may dedicate land or construct park or recreation facilities at the township facilities, at a public school situated within Plymouth Township or the facilities of another developer to satisfy the requirements of this section.
4. 
Density calculation. The area dedicated may not be used in calculating density.
5. 
Conveyance. The acceptance of the conveyance of dedicated land shall be by ordinance to which a property description of the dedicated recreational or open space land shall be attached. All lands offered for dedication should be noted on the signed final plans. A fee simple warranty deed conveying the property shall be delivered to the township with title free and clear of all liens and encumbrances excepting public utility easements. In no event shall the township be required to accept dedication of open space areas.
(a) 
Condominium or homeowner association. If the required open space shall be owned by a condominium or homeowner association, such organization shall require all property owners within the development to annually contribute to the maintenance of the common open space. Such provisions regarding open space contribution shall be subject to the approval of council.
(b) 
Restrictions. Any required common open space conveyance shall include deed restrictions to permanently prevent the development of buildings, except buildings for noncommercial recreation or to support maintenance of the land for recreation.
E. 
Land or fees for residential development.
1. 
Fee in lieu of land. If council determines that a land dedication within or without a proposed subdivision or land development is not reasonable, the applicant shall be required to pay a fee in lieu of dedicating open space. A notation that such a fee is required shall be stated on the final record plan.
2. 
Decision on land or fee. The township's decision on requiring land or fees for a subdivision or land development shall be based upon the following standards:
(a) 
Whether the land in that location would serve a valid public purpose.
(b) 
Whether common open space can be added to an existing recreational area that is adjacent to a potential future recreation area on an adjacent property.
(c) 
Whether the proposed land meets the objectives and requirements of this section.
(d) 
Whether the area surrounding the proposed land has sufficient existing recreation and open space land, and whether it is possible for employees, pedestrians, [and/or] bicyclists to reach and utilize these lands.
(e) 
Any relevant policies of the township park [and] recreation open space plan.
(f) 
Any recommendation received from the township park and recreation commission.
(g) 
It shall be the policy of the township that scattered open spaces shall be avoided.
(h) 
Whether a fee in lieu of land would be in the best interest of the township.
F. 
Fees for residential development.
1. 
The applicant for any new residential subdivision or land development shall be required to pay a recreation fee in lieu of land of $1,000 per permitted dwelling unit. This fee may be revised by resolution from time to time by council.
G. 
Fees for business development.
1. 
The applicant for any new commercial or industrial subdivision or land development shall be required to pay a recreation fee in lieu of land of $310 per employee. This fee may be revised by resolution from time to time by council.
2. 
The fee for business development shall be based upon the following:
(a) 
Office uses. One employee per 200 square feet of floor area for office space.
(b) 
Industrial uses. One employee per 520 square feet of floor area for industrial space.
(c) 
Commercial uses. One employee per 275 square feet of floor area for commercial use.
H. 
Combination of land and fees. Upon the mutual agreement of council and the applicant, the township may accept a combination of common open space and fee in lieu of land to meet the requirements of this section.
I. 
Timing of fees. Fees required under this section shall be due and payable at the time of execution of the final plan by the township and shall in any case be paid prior to recording of the final plan, except as follows:
1. 
The payment of fees may be delayed for up to 18 months after the recording of the final plan if the applicant provides financial security acceptable to the township to insure the payment of the fees at such time.
J. 
Fee modification process.
1. 
An applicant may seek modification to the required amount of a recreation fee under this section. The burden of proof, based upon relevant data and qualified professional testimony, shall be upon the applicant to clearly prove to the satisfaction of council that the required fees under this section would:
(a) 
For residential development, be disproportionate compared to the current market value of the common open space that would otherwise be required to be dedicated.
(b) 
For a business development, would be disproportionate compared to the amount of impact on recreation facilities and common open spaces that the employees of the development would have upon the township.
[Ord. No. 1212, § 1, 12-16-1996]
1. 
[Application.] The following regulations are applicable only to mixed-use development, constructed in the Mixed-Use Planned Development District in accordance with article XXXIV of the Plymouth Township Zoning Ordinance. To the extent that these specific regulations differ from the general regulations contained in this Subdivision Ordinance, the specific regulations herein provided shall control and shall supersede such general regulations.
2. 
Parking and parking lots.
A. 
For parking spaces having an angle of parking of 90° the minimum surface parking stall size and aisle width shall be as provided for in section 3407.E. of the Plymouth Township Zoning Ordinance.
B. 
Parking lots with more than 30 spaces shall not have a grade exceeding 4%.
C. 
Mixed-use developments shall not be required to comply with section 5.H.C of the Township Landscaping Ordinance, Ordinance 1158, an ordinance amending the Plymouth Township Subdivision and Land Development Ordinance of 1980, as amended, Appendix C to the Plymouth Township Code, as amended.
3. 
Street access. For the purpose of servicing any property in the mixed-use planned development district, entrance and exit drives crossing the street line shall be limited to five along the frontage of any public street.
[Ord. No. 1283, § 1, 5-24-1999; Ord. No. 1321, § 6, 4-10-2000]
The developer shall install or cause to be installed at the developer's expense pole street lights for all new or existing streets and cul-de-sacs intended for public or private use including, but not limited to, Township, state and county roadways in accordance with the recommendations of the Township's street lighting consultant. Commercial and industrial developers shall be required to supply and install adjacent and contiguous roadway illumination systems deemed necessary by the Township for the new development. Specifications as to the equipment to be used, circuiting and location of required lighting systems shall be provided by the Township. All requests for connection of electrical service and associated utility contracts shall be submitted by the Township. The developer shall provide an Electrical Underwriters' Certificate to the Township before energization takes place.
[Ord. No. 1414, § 3, 1-12-2004]
1. 
Purpose. The purpose of this Section 522 is to augment existing Township ordinances and regulations by adopting prohibitions against nonstormwater discharges, erosion and sediment control requirements, requirements to address postconstruction runoff from new development and redevelopment, including operation and maintenance of stormwater BMPs and sanctions to ensure compliance with such provisions.
2. 
Definitions. Whenever used in this Section 522, the following terms and words shall have the following meanings:
ACCELERATED EROSION
The removal of the surface of the land through the combined action of human activities and the natural processes at a rate greater than would occur because of the natural process alone.
APPLICANT
A landowner, developer or other person who has filed an application for approval to engage in any regulated earth disturbance activity at a project site in the Township.
BMP (BEST MANAGEMENT PRACTICE)
Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities, to meet State Water Quality Requirements, to promote groundwater recharge and to otherwise meet the purposes of this Ordinance. BMPs include, but are not limited to, infiltration, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and detention basins.
CONSERVATION DISTRICT
The Montgomery County Conservation District.
DEP
The Pennsylvania Department of Environmental Protection.
DEVELOPER
A person that seeks to undertake any regulated earth disturbance activities at a project site in the Township.
DEVELOPMENT
See "earth disturbance activity." The term includes redevelopment.
DEVELOPMENT SITE
The specific tract of land where any earth disturbance activities in the Township are planned, conducted or maintained.
EARTH DISTURBANCE ACTIVITY
A construction or other human activity which disturbs the surface of the land, including but not limited to clearing and grubbing, grading, excavations, embankments, road maintenance, building construction and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.
EROSION
The process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.
EROSION AND SEDIMENT CONTROL PLAN
A plan for a project site which identifies BMPs to minimize accelerated erosion and sedimentation.
GROUNDWATER RECHARGE
Replenishment of existing natural underground water supplies.
IMPERVIOUS SURFACE
A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.
NPDES
National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.
OUTFALL
"Point source," as described in 40 CFR § 122.2, at the point where the Township's storm sewer system discharges to surface waters of the Commonwealth.
PERSON
An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POINT SOURCE
Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in state regulations at 25 Pa. Code § 92.1.
PROJECT SITE
The specific area of land where any regulated earth disturbance activities in the Township are planned, conducted or maintained.
REDEVELOPMENT
Earth disturbance activities on land which has previously been disturbed or developed.
REGULATED EARTH DISTURBANCE ACTIVITY
Earth disturbance activity one acre or more with a point source discharge to surface waters or the Township's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part of, or during any stage of, a larger common plan of development. This only includes road maintenance activities involving 25 acres or more of earth disturbance.
ROAD MAINTENANCE
Earth disturbance activities within the existing road cross section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.
SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, Township streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.
STATE WATER QUALITY REQUIREMENTS
As defined under state regulations, protection of designated and existing uses (See § 25 Pa. Code Chapters 93 and 96, including:
A. 
Each stream segment in Pennsylvania has a "designated use," such as "cold water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained, under state regulations.
B. 
"Existing uses" are those attained as of November 1975, regardless of whether they have been designated in Chapter 93. Regulated earth disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.
C. 
Water quality involves the chemical, biological and physical characteristics of surface water bodies. After regulated earth disturbance activities are complete, these characteristics can be impacted by the addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the stream bank, streambed and structural integrity of the waterway, to prevent these impacts.
STORMWATER
The surface runoff generated by precipitation reaching the ground surface.
SURFACE WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels or conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
TOWNSHIP
Plymouth Township, 700 Belvoir Road, Plymouth Meeting, Montgomery County, Pennsylvania 19462.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
Region or area drained by a river, watercourse or other body of water, whether natural or artificial.
3. 
Prohibition against nonstormwater discharges.
A. 
Prohibited discharges.
(1) 
No person in the Township shall allow, or cause to allow, stormwater discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except as provided in subsection A(2), below, and discharges allowed under a state or federal permit.
(2) 
Discharges which Township that the may be allowed, based on a finding by the discharge(s) do not significantly contribute to pollution to surface waters of the commonwealth, are:
(a) 
Discharges from fire-fighting activities.
(b) 
Potable water sources including dechlorinated water line and fire hydrant flushings.
(c) 
Irrigation drainage.
(d) 
Routine external building washdown (which does not use detergents or other compounds).
(e) 
Air conditioning condensate.
(f) 
Water from individual residential car washing.
(g) 
Springs.
(h) 
Water from crawl-space pumps.
(i) 
Uncontaminated water from foundation or from footing drains.
(j) 
Flows from riparian habitats and wetlands.
(k) 
Lawn watering.
(l) 
Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
(m) 
Dechlorinated swimming pool discharges.
(n) 
Uncontaminated groundwater.
(3) 
In the event that the Township determines that any of the discharges identified in Subsection A(2) significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the Township will notify the responsible person to cease the discharge.
(4) 
Upon notice provided by the Township under Subsection A(3), the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
(5) 
Nothing in this section shall affect a discharger's responsibilities under state law.
B. 
Prohibited connections. The following connections are prohibited, except as provided in Subsection A(2), above:
1. 
Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the separate storm sewer system; and any connections to the storm drain system from indoor drains and sinks; and
2. 
Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system, which has not been documented in plans, maps, or equivalent records and approved by the Township.
4. 
Requirement for erosion and sediment controls.
A. 
Erosion and sediment control.
(1) 
No regulated earth disturbance activities within the Township shall commence until approval by the Township of an erosion and sediment control plan for construction activities.
(2) 
The Pennsylvania Department of Environmental Protection ("DEP") has regulations that require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b).
(3) 
In addition, under 25 Pa. Code, Chapter 92, a DEP "NPDES Construction Activities" permit is required for any earth disturbance of one acre or more with a point source discharge to surface waters or the Township's storm sewer system, or five acres or more regardless of the planned runoff (hereinafter collectively referred to as "regulated earth disturbance activities"). This includes earth disturbance on any portion of, part of, or during any stage of, a larger common plan of development.
(4) 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Township. The issuance of an NPDES construction permit (or permit coverage under the statewide General Permit (PAG-2)) satisfies the requirements in Subsection A(1), above.
(5) 
A copy of the erosion and sediment control plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.
5. 
Postconstruction stormwater runoff controls for new development and redevelopment, including operation and maintenance of stormwater BMPs.
A. 
Postconstruction runoff control requirements.
(1) 
No regulated earth disturbance activities within the Township shall commence until approval by the Township of a plan which demonstrates compliance with State Water Quality Requirements after construction is complete.
(2) 
The BMPs must be designed to protect and maintain existing uses (e.g., drinking water use; cold water fishery use) and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in "special protection" streams, as required by statewide regulations at 25 Pa. Code, Chapter 93 (collectively referred to herein as "State Water Quality Requirements").
(3) 
To control postconstruction stormwater impacts from regulated earth disturbance activities, State Water Quality Requirements can be met by BMPs, including site design, which provide for replication of preconstruction stormwater filtration and runoff conditions, so that postconstruction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 2002,), this may be achieved by the following:
(a) 
Infiltration: replication of preconstruction stormwater infiltration conditions;
(b) 
Treatment: use of water quality BMPs to ensure filtering out of chemical and physical pollutants from the stormwater runoff; and
(c) 
Stream bank and streambed protection: management of volume and rate of postconstruction stormwater discharges to prevent physical degradation of receiving waters (e.g., from scouring and erosion).
(4) 
DEP has regulations that require municipalities to ensure design, implementation and maintenance of BMPs that control runoff from new development and redevelopment (hereinafter "development") after regulated earth disturbance activities are complete. These requirements include the need to implement postconstruction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
(5) 
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Township. The issuance of an NPDES construction permit (or permit coverage under the statewide General Permit (PAG-2)) satisfies the requirements in Subsection A.
6. 
Sanctions.
A. 
Public nuisance.
(1) 
The violation of any provision of this Ordinance is hereby deemed a Public Nuisance.
(2) 
Each day that a violation continues shall constitute a separate violation.
B. 
Enforcement.
(1) 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the Township may order compliance by written notice to the responsible person. Such notice may require, without limitation:
(a) 
The performance of monitoring, analyses, and reporting;
(b) 
The elimination of prohibited discharges;
(c) 
Cessation of any violating discharges, practices, or operations;
(d) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) 
Payment of a fine to cover administrative and remediation costs;
(f) 
The implementation of stormwater BMPs; and
(g) 
Operation and maintenance of stormwater BMPs.
(2) 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this Ordinance. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.
C. 
Suspension and revocation of permits and approvals. Any building, land development or other permit or approval for regulated earth disturbance activities issued by the Township may be suspended or revoked by the governing body for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this Ordinance; or
(3) 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
D. 
Violations and penalties.
(1) 
Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, or imprisonment of not more than 30 days, or both. Each day that the violation continues shall be a separate offense.
(2) 
In addition, the Township, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Ordinance. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.