The standards and requirements contained within this article and the applicable requirements within Chapter 127, Zoning, shall apply to all major subdivisions and land developments unless otherwise noted. Said standards and requirements are intended as the minimum for the preservation of the environment and promotion of the public health, safety and general welfare. These standards and requirements and shall be applied as such by Bear Creek Township Planning Commission and by Bear Creek Township Board of Supervisors in reviewing and evaluating plans for all proposed major subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of the submission of the preliminary plan and application:
A.
Planning. The development shall generally conform with the policies,
goals and objectives of this chapter.
B.
Contiguous lands. Where the owner of a site under consideration for
development, owns contiguous land that may be suitable for development,
the subdivision plan shall include all contiguous lands. At minimum,
information for contiguous lands shall include a prospective street
layout and a topographic map of said lands at a scale of not less
than one inch equals 200 feet. This provision, however, may be waived
in full or in part by the Township, if it is not considered essential
to the evaluation of the plans for the current development tract.
C.
Remnants; development design; neighboring development. All portions
of a tract being subdivided shall be taken up in lots, streets, open
lands, or other proposed uses so that remnants and landlocked areas
shall not be created. The layout of a subdivision shall also be planned
with consideration for existing nearby developments or neighborhoods
so that they are coordinated in terms of interconnection of open space,
traffic movement, drainage and other reasonable considerations.
D.
Hazard areas. Land which the Board of Supervisors deems unsuitable
for subdivision or development due to flooding, improper drainage,
rock formations, adverse earth formations or topography, steep slopes,
utility easements, or other features which may reasonably be harmful
to the safety, health, and general welfare of the present or future
inhabitants of the subdivision and/or its surrounding areas, shall
not be subdivided or developed unless adequate mitigation methods
are formulated by the applicant and approved by the Board of Supervisors
upon the recommendation of the Township Engineer.
E.
Improvement specifications. The design standards and requirements as outlined in this article shall be utilized by the Board of Supervisors in evaluating the plans for all proposed subdivisions and land developments. Altered design standards, including more stringent specifications, may be required, in cases where the Board of Supervisors find that such specifications are essential to protect the health, safety and general welfare of the residents of Bear Creek Township and/or the environment of the Township. Any request to modify the design standards and/or requirements below those contained within this article shall be considered in accordance with § 109-8 of this chapter.
F.
Other ordinances. Whenever another Township, county, state or federal
statute and/or regulation imposes a higher or more restrictive standard
than those contained in this chapter, the higher or more restrictive
standard shall apply.
Care shall be taken to preserve natural features such as agricultural
land, woodlands, wetlands, watercourses, bodies of water, riparian
lands, scenic views, and historical and cultural features and/or resources,
such as buildings and stone walls, which maintains the attractiveness
and value of the land. Damming, filling, relocating or otherwise interfering
with the natural flow of surface water along any surface water drainage
channel or natural watercourse shall not be permitted except with
the approval of the Township and, where appropriate, the PA DEP and
the U.S. Army Corps of Engineers.
A.
Groundwater resources. Proposed subdivisions and land developments
shall to the greatest practical extent be designed in a manner to
cause the least practicable disturbance to natural infiltration and
percolation of precipitation to the groundwater table, through careful
consideration of vegetation and land disturbance activities. The placement
of streets, buildings and other impervious surfaces shall to the greatest
practical extent attempt to maximize permeability where precipitation
is most likely to infiltrate and recharge the groundwater.
B.
Streams, swales, springs, and other lowland areas. Stream channels,
swales, springs and other lowland areas are resources that warrant
restrictive land use controls because of flooding hazards to human
life and property, their groundwater recharge functions, their importance
to water quality and the health of aquatic communities, and their
wildlife habitats. They are generally poorly suited for on-site subsurface
sewage disposal systems.
C.
Woodlands.
(1)
Woodlands occur extensively throughout the Township, often in association
with stream and wet areas, poor and erodible agricultural soils, and
moderate to steep slopes. Woodlands serve as a valuable resource in
its ecological functions: i.e., in protecting steep slopes, erodible
soils, maintaining stream quality and providing for wildlife habitats.
Any proposed subdivision and/or land development in which the original
lot of record which exceeds 10 acres shall require an evaluation of
the tract's woodlands undertaken by a forester, landscape architect,
horticulturist or another qualified professional acceptable to the
Township. The findings of the evaluation shall be provided in narrative
form and shall be depicted upon the plans as an existing condition
with supporting photographs of the property.
(2)
All subdivisions and land developments shall be designed and constructed
in a manner which shall to the greatest practical extent:
(a)
Minimize the loss or degradation of woodland areas.
(b)
Preserve woodlands along roadways, property lines and lines
occurring within a site such as streams, swales, stone fences and
hedgerows shall be considered in the proposed design of the site.
(c)
Minimize disturbance or removal of woodlands occupying environmentally
sensitive areas. This shall include but not necessarily be limited
to, vegetation performing important soil stabilizing functions on
wet soils, stream banks and sloping lands.
(3)
No tree clearing or earth disturbance (except for soil analysis for
proposed sewage disposal systems) shall be permitted on a site prior
to preliminary plan approval.
D.
Slopes. Moderately sloping lands (15% to 25%) and steeply sloping
lands (over 25%) are prone to severe erosion if disturbed. Erosion
and the resulting overland flow of soil sediments into streams, ponds
and public roads, are detrimental to water quality and aquatic life,
and a potential hazard to public safety. Areas of steep slope shall
be preserved in accordance with the following:
(1)
All grading and earthmoving on slopes exceeding 15% shall be minimized.
(2)
No site disturbance shall be allowed on slopes exceeding 25%, except
grading for a portion of a driveway accessing a single-family dwelling
when it can be demonstrated that no other routing which avoids slopes
exceeding 25% is feasible.
E.
Historic structures and sites. All subdivision and land development
plans shall be designed to protect historic and cultural resources.
The protection of an existing historic resource shall include the
conservation of the landscape immediately associated with and significant
to that resource, to preserve its historic context. Where, in the
opinion of the Board of Supervisors, a plan will have an impact upon
an historic or cultural resource the developer shall mitigate that
impact to the satisfaction of the Board by modifying the design, relocating
proposed lot lines, providing landscape buffers, or other approved
means. Township participation, review and approval of the applicant's
interaction with the State Historical and Museum Commission with regard
to the preservation of historic resources, as required for DEP approval
of proposed sewage disposal systems, shall be required prior to preliminary
plan approval.
F.
Scenic viewsheds. All applications for subdivision and land development
shall to the greatest practical extent attempt to preserve the scenic
viewsheds by incorporating them into open space areas or otherwise
providing for building setbacks and architectural designs to minimize
their intrusion.
G.
Trails. When a major subdivision or land development proposal is
traversed by or abuts an existing trail customarily or historically
used by pedestrians and/or equestrians, the Board of Supervisors may
require that the applicant make reasonable provisions for continued
recreational use of the trail. No trail shall be designed with the
intent to accommodate motorized vehicles.
The applicant shall place permanent reference monuments and
markers by a Registered Land Surveyor.
A.
Monuments shall be placed so that the center of a scored or marked
point shall coincide exactly with the intersection of the lines to
be marked.
B.
Monuments shall be of concrete or stone, with a flat top having a
minimum width or diameter of four inches and a minimum length of 30
inches. Concrete monuments shall be marked with a 3/4 inch copper
or brass dowel; stone or precast monuments shall be marked on the
top with a proper inscription and a drill hole. Monuments shall be
set so that the top of the monument or marker is level with the surface
of the surrounding ground.
C.
Markers shall consist of either iron or steel bars at least 36 inches
long and not less than 5/8 inch in diameter. Markers normally shall
be flush with the surrounding grade.
D.
Monuments shall be set as follows:
(1)
One at each single angle of the perimeter of the property at all
major subdivisions and land developments.
(2)
One at the beginning and end of all curves along street right-of-way
lines along one side of the street.
(3)
A minimum of one at each street intersection along the street right-of-way
line.
E.
Markers normally shall be flush with the surrounding grade.
For blocks, the following standards shall apply:
A.
All subdivisions and land development for residential use shall be in conformance with the applicable minimum lot sizes, lot widths in yard requirements as set forth in Chapter 127, Zoning.
B.
Each lot or area platted for residential use shall be accessible
from an existing or proposed street.
C.
The lot depth shall not be greater than three times its width.
D.
Side lines of lots shall be at right angles to straight streets and
on radius lines on curved streets. Some variation may be permitted
at the discretion of the Board of Supervisors, but pointed or very
irregular shaped lots shall be avoided.
E.
In the case of lots utilizing an on-site sewage disposal system,
there shall be sufficient area for the disposal field in accordance
to DEP regulations.
F.
Double- or reverse-frontage lots shall be avoided except where required
to provide separation of residential uses from arterial or collector
streets or to overcome specific disadvantages of topography or orientation.
G.
Lots shall be laid out so as to provide positive drainage away from
all buildings and individual lot drainage shall be coordinated with
the general storm drainage pattern for the area. Drainage shall be
designed so as to avoid concentration of storm drainage water from
each lot onto adjacent lots.
H.
Flag lots shall be shall be avoided when alternate development layouts
would yield the same number of lots otherwise permitted with the elimination
of flag lots. The approval of flag lots shall subject to the following
standards:
(1)
Not more than 10% of the lots within a major subdivision may be approved
as flag lots.
(2)
The access corridor portion of the lot shall not exceed 300 feet
as measured from its intersection with the street right-of-way.
(3)
The applicant shall prove to the satisfaction of the Supervisors
that proposed driveway would provide adequate access for emergency
vehicles.
(4)
The lot width measurement shall be made on the main portion of the
lot and shall not access corridor portion of the lot.
(5)
Approval of a flag lot shall be conditioned upon the existence or
provision of a recorded a deed restriction prohibiting any further
subdivision of the flag lot.
A.
Any proposed subdivision or land development shall have frontage
upon or access to an existing state, county, or Township road.
B.
Streets shall be designed to provide adequate vehicular access to
all lots or parcels within any proposed subdivision or land development.
C.
Streets shall be designed and appropriately related to the topographic
conditions of the site, with the grade of streets conforming as closely
as possible to the original topography.
D.
Streets shall be graded and improved in accordance with the appropriate
design standards and specifications of this chapter.
E.
All streets shall be properly integrated with the existing and proposed
system of streets and dedicated right-of-way as established in the
Comprehensive Plan.
F.
All streets shall be properly related to specific traffic generators
such as industries, business districts, schools, churches, and shopping
centers; to population densities; and to the pattern of existing and
proposed land uses.
G.
Proposed streets shall be extended to the boundary lines of the tract
to be subdivided, unless prevented by topography or other physical
conditions, or unless in the opinion of the Board of Supervisors such
extension is not necessary or desirable for the coordination of the
layout of the subdivision with the existing layout or the most advantageous
for future development on adjacent tracts.
H.
Any subdivision and/or land development containing more than 13 lots
which do not front upon an existing off-site public road shall provide
within the overall traffic design of the site, not less than two separate
points within the site where an interior road as part of the proposed
subdivision and/or land development shall intersect with and provide
access to an existing off-site public road.
I.
At the discretion of the Board of Supervisors, streetlights may be
required to be installed at the intersection of all streets, and at
other points deemed necessary based upon field conditions.
The applicant may propose names for all streets within a subdivision
or land development prior to final approval. A proposed street name
shall not include the name of any existing street in the Township,
except that a street when planned as a continuation of an existing
street shall bear the same name. Final approval of street names for
streets subject to public dedication to the Township shall be vested
with Bear Creek Township Board of Supervisors. Final approval of street
names for streets to remain under private ownership shall be vested
with the Board of Supervisors.
Street signs, which provide the legal name of each street, shall
be erected at the intersection of each street within a subdivision
or land development prior to final approval. The size, color and construction
materials of said signs shall be subject to approval by the Board
of Supervisors. Final approval of street names for streets subject
to public dedication to the Township and/or private streets to remain
under private ownership shall be vested with the Board of Supervisors
based upon the prior approval of the same by the Luzerne County 911
Communication Center for Emergency Services.
Traffic control signs, designed to regulate the speed of traffic
or to convey any other pertinent traffic or physical characteristic
of the road to motorists shall be installed at appropriate locations
by the applicant as determined by PennDOT, Luzerne County and/or the
Board of Supervisors.
The arrangement of streets shall provide for the continuation
of principal streets between adjacent properties when such continuation
is necessary for convenient movement of traffic, effective fire protection,
for efficient provision of utilities, and when such continuation is
in accordance with the Township's goals as provided for within the
Statement of Community Development Objectives of this chapter. If
the adjacent property is undeveloped and the street must be a dead-end
street temporarily, the right-of-way shall be extended to the property
line. A temporary turnabout designed as a "hammerhead" shall be provided
on all temporary dead-end streets. This may limit the length of temporary
dead-end streets in accordance with the design standards of these
regulations.
Where a road does not extend to the boundary of the subdivision
and its continuation is not required by the Board of Supervisors for
access to adjoining property, its terminus shall normally not be nearer
to such boundary than 50 feet. However, the Board of Supervisors may
require the reservation of an appropriate easement to accommodate
drainage facilities, pedestrian traffic, or utilities. A cul-de-sac
turnaround shall be provided at the end of a permanent dead-end street
in accordance with Township construction standards and specifications.
For greater convenience to traffic and more effective police and fire
protection, permanent dead-end streets shall, in general, be limited
in length in accordance with design standards of this chapter.
A.
A cul-de-sac street shall not be approved when a through street is
more advantageous.
B.
Cul-de-sac streets shall not exceed 600 feet in length and furnish
access to not more than 13 dwelling units. All lots fronting upon
the arc of a cul-de-sac street shall have a frontage, as measured
along the length of the arc, which results in a chord length of 75
feet. Said requirement shall apply to all lots along the arc a cul-de-sac
regardless of the zoning district in which the subdivision is located.
C.
No physical obstructions shall be located within six feet of the
edge of the cartway within a cul-de-sac, including but not limited
to mailboxes, utility poles, utility transformer boxes and/or similar
above-grade obstructions.
D.
Any street which is terminated, with planned future access to an
adjoining property or because of authorized stage development, shall
be provided with a temporary, all-weather turning circle. The turning
circle shall be completely within the boundaries of the subdivision
and/or land development, and the use of the turn around shall be guaranteed
to the public until such time as the street is extended.
E.
An easement for the purpose of snow removal, having a size of not
less than 35 feet in length and 15 feet in depth, shall be provided
upon the front yard areas of lot or lots located at the end of a cul-de-sac.
Where a subdivision or land development borders on or contains
an existing or proposed arterial street, the Board of Supervisors
may require that access to such street be limited by one of the following
methods:
A.
The subdivision of lots in a manner in which the lots front onto
a parallel local street with no access provided to or from the arterial
street which shall contain a strip of screening along the rear property
line of such lots.
B.
A series of culs-de-sac, U-shaped streets, or short loops entered
from and designed generally at right angles to such a parallel street,
with the rear lines of their terminal lots backing onto the arterial.
C.
A marginal access or service road, separated from the arterial street
by a planting or grass strip and having access thereto at suitable
points.
A.
Streets shall intersect as nearly as possible at right angles. When
local streets intersect with collector or arterial streets, the angle
of intersection at the street center lines shall in no case be less
than 75°. No two streets shall intersect with an angle of intersection
at the center lines of less than 60°.
B.
Multiple intersections involving the junction of more than two streets
shall be prohibited.
C.
Intersections shall be designed with a flat grade wherever practical.
In hilly or rolling areas, at the approach to an intersection, a leveling
area shall be provided having not greater than a 2% grade at a distance
of 60 feet, measured from the nearest right-of-way of the intersecting
street.
D.
Where any street intersection will involve earth banks or existing
vegetation inside any corner lot that would create a traffic hazard
by limiting visibility, the applicant shall cut such ground and/or
vegetation (including trees) in connection with the grading of the
public right-of-way to the extent deemed necessary to provide an adequate
sight distance.
E.
The cross-slopes on all streets, including intersections, shall be
3% or less.
In order to provide for streets of suitable location, width,
and improvement to accommodate prospective traffic and afford satisfactory
access to police, fire fighting, snow removal, sanitation, and street
maintenance equipment, and to coordinate streets so as to compose
a convenient system and avoid undue hardship to adjoining properties,
the design standards for streets as set forth in the appendix at the
end of this article shall apply.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
A subdivision or land development containing not more than three
lots or three detached single-family dwelling units may be serviced
by a private street having a minimum right-of way of not less than
50 feet. The required cartway shall be cleared of all vegetation and
properly graded. The width of the cartway shall be not less than 16
feet and have a base consisting of six inches of 2A modified stone.
All other design specifications for streets as set forth in this chapter
which do not conflict with the above shall apply.
B.
Any subdivision or land development qualifying and wishing to provide
a private street, designed as such, shall contain covenants and/or
deed restrictions as a condition of approval, recorded with the approved
plan and addressing the following:
(1)
The street shall remain as a private street, not subject to offer
for public dedication, unless it is improved to meet or exceed all
applicable design standards in effect at the time such offer is made.
(2)
A maintenance agreement and appropriate provisions which outline
the parties responsible for the continued use of the street.
(3)
An agreement with the Township under which elected officials, appointed
officials, representatives and/or employees of Bear Creek Township
are held harmless from any liability related to the use and safety
of a private street, including but not limited to, enforcement of
the maintenance agreement in relationship to vehicular access of emergency
vehicles.
(4)
Any further proposed development upon the site, excluding accessory
structures, shall result in the development being classified as a
major subdivision or major land development, subject to all applicable
design standards for such in effect at the time approval is sought
for additional development.
(5)
The private street shall be designed and maintained in a manner to
prohibit the discharge or drainage of stormwater onto a public right-of
way.
A.
Driveways, where provided, shall be located not less than 50 feet
from any intersection, whether on the same or opposite side of the
adjoining street and provide access to the street of lower classification
when a corner lot is bounded by streets of two different classifications.
Distance shall be measured between the center line of the driveway,
and the nearest intersecting street right-of-way line. No part of
a driveway for a single-family dwelling shall be located closer than
10 feet from a side property line.
B.
No driveway shall be constructed opposite the paved cartway on the
turnaround portion of a cul-de-sac street within the area bounded
by the pavement edge lines as extended across the turnaround.
C.
Driveways shall be so located as to provide reasonable sight distances
at intersections with streets.
D.
The number of driveways shall not exceed one per lot or, on lots
with street frontages in excess of 100 feet, one per 100 feet of street
frontage. Such driveway may be of loop design.
E.
Driveway entrances shall be rounded at a minimum radius of five feet,
or should have a flare constructed that is equivalent to this radius,
at the point of intersection with the cartway edge (curbline) or outside
shoulder edge, as applicable. For residential lots, the entrance of
the driveway shall have a minimum angle of 60°, and for all other
lots, 90°. The maximum driveway width at the edge of the cartway
shall be 30 feet.
F.
The entrance to the cartway from the driveway shall not exceed a
slope of 8% within 25 feet of the cartway or shoulder, as applicable.
The shoulder slope shall be maintained for the full width of the shoulder.
G.
Adequate drainage facilities shall be provided where driveways meet
the street cartway. Driveway pipes are to be installed at locations
where the Township Engineer determines them necessary. In cases where
pipes are required, they shall be a minimum of 18 inches in diameter
and shall be placed in line and on grade with the swale both upstream
and downstream of the driveway. The minimum cover as recommended by
the manufacturer shall be placed above the pipe. In areas where pipes
are not required, the shoulder and swale shall be constructed to accommodate
the size and grade of the swale through the driveway. In no case shall
the low point of the shoulder be other than the proper elevation,
as referenced to the crown of the cartway, as well as the proper distance
from the edge of the cartway.
H.
Subdivisions should be designed to eliminate, where possible, driveways
entering state or county highways. This shall be accomplished either
by providing for a street parallel to the state or county highway
and separated from it by a grass area, or by laying out lots such
that the rear lot lines abut the state or county highway right-of-way
and that provision for driveways be made from the front of the lot
onto a street of the subdivision.
I.
All driveway entrances with access onto a public road shall be required
to secure a highway occupancy permit from either Bear Creek Township,
Luzerne County or PennDOT prior to construction and the establishment
of the same. A deed restriction requiring the owner or developer of
a property as the responsible party to secure the required highway
occupancy permit shall be contained in all deeds.
J.
Streets offered for dedication will not be accepted unless all driveways
entering such streets meet the standards outlined above.
Bridges and other stream crossing structures which are part
of the proposed street system shall be designed and constructed in
accordance with current PennDOT Standards and Specifications. Evidence
of compliance with and approval of the Division of Dams and Encroachments,
Pennsylvania Department of Environmental Protection, shall be provided
by the developer, if applicable.
The minimization of erosion and control of sedimentation in
connection with land development and major subdivisions are in the
public interest, affecting the health, safety, and welfare of the
public, and therefore those regulations governing erosion and sedimentation
are deemed necessary for the Township.
A.
General standards.
(1)
Erosion and sedimentation control plan required. No changes shall
be made in the contour of the land; no grading, excavating, removal
or 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 referred to and reviewed by the
Township Engineer and/or the County Soil and Water Conservation District
and approved by the Board of Supervisors, or there has been a determination
by the Board of Supervisors after consultation with the above entities
that such plans are not necessary.
(2)
Approval and financial security for plan.
(a)
No preliminary or final major subdivision or land development
plan shall be approved unless: there has been an erosion and sedimentation
control plan approved by the Township that provides for minimizing
erosion and sedimentation consistent with this section, and an improvement
bond or other form of financial security is deposited with the Township
in the form of an escrow guarantee which will ensure installation
and completion of the required improvements within five years of preliminary
plan approval or one year of final plan approval; or there has been
a determination by the Township that a plan for minimizing erosion
and sedimentation is not necessary.
(b)
The developer or lot owner shall provide financial security
as a construction guarantee in a form to be approved by the Township
Solicitor, in an amount equal to 110% of the full cost to install
the facilities required by the approved plan. The financial security
shall be released only after receipt by the Township of certifications
and "as-built" drawings as required.
(3)
Minimum requirements of county soil and water conservation district
to be met. Where not specified in this chapter, measures used to control
erosion and reduce sedimentation shall as a minimum meet the standards
and specifications of the County Soil and Water Conservation District.
The Township Engineer, or other officials as designated, shall ensure
compliance with the appropriate specifications, copies of which are
available from the Soil and Water Conservation District.
B.
Specific standards. The following measures are effective in minimizing
erosion and sedimentation and shall be included where applicable in
the control plan:
(1)
Stripping. Stripping of vegetation, regrading, or other development
shall be done in such a way that will prevent all but minor erosion.
(2)
Natural features. Development plans shall preserve salient natural
features, keep cut-fill operations to a minimum, and ensure conformity
with topography so as to create the least erosion potential and adequately
handle the volume and velocity of surface water runoff.
(3)
Natural vegetation. Whenever feasible, natural vegetation shall be
retained, protected and supplemented.
(4)
Disturbed areas. The disturbed area and the duration of exposure
shall be kept to a practical minimum.
(5)
Stabilization. Disturbed soils shall be stabilized as quickly as
practicable.
(6)
Temporary vegetation and mulching. Temporary vegetation and/or mulching
shall be used to protect exposed critical areas during development.
(7)
Permanent vegetation and measures. The permanent final vegetation
and structural erosion control and drainage measures shall be installed
as soon as practical in the development. Permanent seeding on individual
lots must be completed within 30 days of issuance of an occupancy
permit.
(8)
Accommodation of increased runoff. Provisions shall be made to effectively
accommodate the increased runoff caused by changed soil and surface
conditions during and after development. Where necessary, the rate
of surface water runoff shall be structurally retarded.
(9)
Containment of sedimentation. Sediment in the runoff water shall
be trapped until the disturbed area is stabilized by the use of debris
basins, sediment basins, silt traps, or similar measures.
C.
Grading for erosion and other environmental controls. In order to
provide suitable sites for building and other uses, improve surface
drainage, and control erosion, the following requirements shall be
met:
(1)
Street improvements. Streets shall be improved to a mud-free or otherwise permanently passable conditions as one of the first items of work done on a subdivision or development. The cartway shall be constructed in accordance with § 109-85 and as approved by the Township Engineer.
(2)
Cuts and fills. Provision shall be made to prevent surface water
from damaging the cut face of excavations or the sloping surfaces
of fills by the installation of temporary or permanent drainage improvements
across or above these areas.
(3)
Compaction of fill. Fill shall be placed and compacted so as to minimize
sliding or erosion of the soil. Material for fill, other than that
for a roadway base or subgrade, shall be acceptable material, placed
in twelve-inch loose lifts and compacted to 95% of the material's
dry weight density as determined by Modified Proctor Test, ASTM D-1557,
Method C or D.
(4)
Fill near watercourses. No fill shall be placed within 50 feet of
a watercourse or other body of water or within any area designated
as a floodplain.
(5)
Dust control. During grading operations, necessary measures for dust
control shall be exercised.
(6)
Stream crossings. Grading equipment shall not be allowed to enter
into flowing streams. Provisions shall be made for the installation
of temporary or permanent culverts or bridges. Where necessary, approval
and/or permits must be secured from the proper state or federal agencies.
D.
Responsibility.
(1)
Sedimentation damage. Whenever sedimentation damage is caused by
stripping vegetation, grading, or other development, it shall be the
responsibility of the land developer, subdivider, contractor, person,
corporation, or other entity causing such sedimentation to remove
it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
(2)
Maintenance of control facilities. Maintenance of all erosion and
sedimentation control facilities during the construction and development
period and until or unless they are accepted for dedication by the
Township or other public authority shall be the responsibility of
the land developer or subdivider.
(3)
Maintenance of watercourses.
(a)
It shall be the responsibility of the developer, subdivider,
person, corporation, or other entity doing any act on or across a
communal stream, watercourse, or swale, or upon the floodplain or
right-of-way, to maintain as nearly as possible in its present state
the stream, watercourse, swale, floodplain or right-of-way during
the pendency of the activity and to return it to its original or equal
condition after such activity is completed.
(b)
Maintenance of drainage facilities or watercourses originating
on and located completely on private property is the responsibility
of the owner to the point of open discharge of the facility at the
property line or at a communal watercourse within the property.
(c)
No person, corporation, or other entity shall block, impede
the flow of, alter, construct any structure, or deposit any material
or thing, or commit any act which will affect normal or flood flow
in any stream or watercourse without having obtained prior approval
from the Board of Supervisors or Pennsylvania Department of Environmental
Protection, whichever has primary jurisdiction.
(4)
Installation of improvements. The subdivider or land developer shall
provide and install, at his expense, in accordance with Township requirements,
all drainage and erosion control improvements (temporary and permanent)
shown on the erosion and sedimentation control plan.
E.
Compliance with regulations and procedures.
(1)
Compliance as a condition of preliminary plan approval. The Township,
in its consideration of all Preliminary Plans of a subdivision and/or
land development, shall condition its approval upon the execution
of erosion and sedimentation control measures.
(2)
Compliance with requirements of County Conservation District. The
installation and design of the required erosion and sedimentation
control measures shall be in accordance with standards and specifications
of the County Conservation District.
(3)
Compliance with requirements of Pennsylvania Department of Environmental
Protection. Stream channel construction shall conform to criteria
established by the Pennsylvania Department of Environmental Protection.
Within any proposed major subdivision or major land development,
if the water is to be provided by means other than by private wells,
owned and maintained by the individual owners of the lots within the
subdivision or land development, the developer shall present evidence
to the Board of Supervisors that the subdivision or land development
is to be supplied by a certified public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a Certificate of Public Convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable as evidence.
A.
All major subdivisions and land developments shall be served by an
approved public distribution system for water supply when such a system
is within 1,000 feet from any point of the proposed subdivision or
land development.
B.
The plans for the installation of water lines of a public water supply
shall be prepared by the developer with the cooperation of the applicable
public water company or authority and submitted with the preliminary
plans.
C.
When a subdivision or land development is to be serviced by a centralized
water supply system, fire hydrants shall be installed. The location
and number of fire hydrants shall be determined on a case-by-case
basis. Fire hydrants along any approved street shall not be more than
500 feet apart and connected to a water main not less than eight inches
in diameter.
D.
All suppliers of water to any proposed subdivision or land development
shall be organized in such a fashion as to fall within the jurisdiction
of the Pennsylvania Public Utility Commission. One copy of all correspondence,
supporting documentation, application for permits, and certificates
for operation submitted to the Pennsylvania Department of Environmental
Protection and the Pennsylvania Public Utility Commission for the
right to provide such services shall be forwarded to the Township
as part of the public record. One copy of the permit and certificate
of convenience issued by the Pennsylvania Department of Environmental
Protection and the Pennsylvania Public Utility Commission authorizing
such services shall be forwarded upon receipt to the Board of Supervisors
as part of the public record.
A.
On-lot water systems shall be permitted subject to their construction in accordance with applicable criteria as set forth by the Pennsylvania Department of Environmental Protection. Any subdivision or land development which equals or exceeds a total average water usage of groundwater or spring water after build-out exceeding 10,000 gallons per day shall be required to comply with the water study requirements as set forth below in Subsection C, a "groundwater availability and well interference analysis" prepared by certified hydrogeologist.
B.
Hydrogeologic studies.
(1)
Purposes. To provide the Board of Supervisors with information to
properly evaluate the impact a proposed development will have upon
groundwater resources. To make sure that adequate water supplies will
be available to service a proposed development without negatively
impacting adjacent uses dependent upon the same water sources.
(2)
A hydrogeologic study shall be submitted by the applicant whenever
a proposed use, subdivision or land development will involve total
average water usage of groundwater or spring water after build-out
exceeding 10,000 gallons per day.
(3)
This section shall not apply to a development that will be served
by a municipal or municipal authority central water system.
(4)
Credentials. The study shall be prepared by a professional geologist
or professional engineer with substantial experience in preparing
similar studies. Before any person or entity is engaged to prepare
the study, the applicant shall submit written credentials of the individual
who will direct the study. The Board of Supervisors shall than have
a maximum of 45 days from the date of receipt to the Township to determine
whether the individual's credentials are acceptable.
(5)
The hydrogeologic study at a minimum shall include the following:
(a)
A location map for the proposed development showing proximity
to waterways, lakes and major roads.
(b)
A proposed thirty-day average rate and maximum daily rate of
groundwater or spring water withdrawn from each water sources.
(c)
A map showing water withdrawal points.
(d)
An analysis of the impacts of the water withdrawal upon the
groundwater supply and upon uses and creek levels within a one-half-mile
radius of the project.
(e)
The analysis shall consider impacts during both normal conditions
and drought conditions. Drought conditions shall be documented.
(f)
The Board of Supervisors may require that the study include
the construction of test wells to determine the impacts. The level,
rates, dates and times of water measurements shall be provided, and
weather conditions shall be documented. The impacts upon a reasonable
sampling of existing wells shall be recorded, provided that the owners
of such wells grant permission for such studies.
(6)
If the Board of Supervisors determines that the water withdrawal
could be a significant negative impact upon existing water users,
then as a condition of any development approval, the Board of Supervisors
may require that the applicant commit in a legally binding manner
to appropriate mitigation of the negative impacts. This mitigation
may include, but is not limited to:
(a)
A financial guarantee to fund a deeper well or a connection
to a central water system for properties that experience significant
negative impacts after the water withdrawal occurs.
(b)
A permanent conservation easement placed on sufficient land
areas to result in amounts of groundwater recharge that is equivalent
to the amount of groundwater that is being withdrawn, or a legally
binding commitment to reduce the amount of the water withdrawal during
drought conditions.
C.
When a subdivision or land development is to be serviced by an on-lot
water system, with individual wells serving each lot, if deemed necessary
and feasible, dry hydrants shall be installed at appropriate locations
within the development, as determined by the Board of Supervisors.
All subdivisions and land developments shall be served with
a sewage system (either centralized or on-lot) which meet or exceed
the applicable minimum design standards as set forth by the Pennsylvania
Department of Environmental Protection. All proposed subdivisions
and/or land developments shall require the preparation and submission
of an appropriate Sewage Planning Module to DEP in accordance with
Pennsylvania Code Title 25.
A.
All major subdivisions and land developments shall be served by centralized
sewage disposal systems, when an existing public centralized sewage
system is within 1,000 feet from any point of the proposed subdivision
or land development.
B.
All centralized sewage disposal systems shall be compatible with
any sewage feasibility studies and/or the official Township Sewage
Plan, and be approved by the appropriate agencies prior to final plan
approval.
C.
All sanitary sewers shall be designed and constructed to provide
adequate capacity for the ultimate flow of the subject development,
plus additional flow as may be projected to be generated by adjacent
properties.
D.
All individual lateral connection shall be installed to the curb/right-of-way
line at the time of initial installation of the system.
E.
All systems classified as sewage services, as defined in Chapter
71 of the Pennsylvania Department of Environmental Protection Regulations,
shall be designed and constructed in accordance with regulations and
requirements set forth in the most recent edition of the "Sewage Manual"
prepared by the Bureau of Water Quality Management of Department of
Environmental Protection and the applicable regulations of Aqua Pennsylvania,
Inc. Construction material for sewers shall comply with regulations
of Aqua Pennsylvania, Inc.
A.
On-lot sewage systems, both individual and community sewage systems, shall be designed and constructed in accordance with Pennsylvania Department of Environmental Protection requirements under Title 25, Rules and Regulations Part 1, Subpart C, Chapter 73 and any amendments thereto.
B.
Prior to approval of preliminary plan, the Township Sewage Enforcement
Officer shall submit a report to the Board of Supervisors regarding
the site and soils investigation and analysis.
C.
All systems utilizing subsurface disposal of sewage effluent ("community
sewage systems" as defined by Chapter 73 of the Pennsylvania Department
of Environmental Protection Regulations) shall be designed and constructed
in accordance with requirements of the aforesaid Chapter 73 and any
amendments thereto. A registered professional engineer employed by
the applicant shall provide written certification that the existing
or proposed facility has adequate capacity to satisfactorily treat
the total projected sewage flow.
D.
A sewage permit must be approved and issued by the Township Sewage
Enforcement Officer prior to the start of any construction or development
upon any lot within an approved subdivision or land development.
[Amended 6-6-2016 by Ord.
No. 1-2016]
A.
There shall be no increase in the rate of stormwater discharge from
the land development or subdivision above that which would have occurred
from the land prior to the activity, using a grassland condition for
cleared agricultural land and a good woodland condition for forested
land. For land previously developed, the prior condition shall reflect
the actual developed condition.
C.
Calculating stormwater runoff. The general criteria for calculating
stormwater runoff shall include the following:
(1)
Point of evaluation. The point of evaluation shall be the point or
points at which the stormwater leaves the development site. The Township
Engineer may require additional points of evaluation beyond the development
site as he deems necessary.
(2)
Method of computation. The acceptable methods of computation shall
be those that are contained in the publication "Recommended Hydraulic
Procedures for Computing Urban Runoff from Small Water Sheds in Pennsylvania."
The limitations of each method are defined in this publication. The
same method of computation shall be used for both predevelopment and
postdevelopment calculations as well as subsequent revisions unless
specifically approved by the Township Engineer.
(3)
Rainfall frequency data. Rainfall frequency data are available from
the U.S. Department of Commerce, Weather Bureau, and from the Pennsylvania
Department of Environmental Protection, Research Publication Number
70.
(4)
Design storms.
(a)
All stormwater retention/detention facilities shall be designed
on the basis of providing adequate control for all storms of a twenty-four-hour
duration and for frequencies of two, 10, 25, 50 and 100 years.
(b)
Emergency spillways shall be designed to pass the expected postdevelopment
flows for a one-hundred-year storm frequency, assuming the principal
spillway is 100% blocked.
(c)
Storm sewer systems shall be designed to handle the peak rate
of runoff from a storm of twenty-five-year frequency. This design
shall be used for building drains and local streets. Culverts shall
be sized for the following classes of roads and storm frequencies:
(d)
Greater design frequencies may be imposed on individual projects
if deemed necessary for particular uses of land by the Township Engineer.
(e)
Where state or federal laws impose a greater design frequency,
they shall prevail.
(5)
Release rate. The release rate of stormwater from retention/detention
facilities shall not exceed the predevelopment peak discharge for
each storm frequency, for that particular point of discharge.
D.
Methods of stormwater runoff detention and control:
(1)
The following represents a listing of detention and control methods
which may be utilized in stormwater management systems, based upon
site conditions. All state and federal regulations must be followed
in the use of any control method.
(a)
On-lot retention of roof water.
(b)
Seepage pits, seepage trenches or other infiltration structures.
(c)
Cisterns and underground reservoirs.
(d)
Rooftop storage.
(e)
Parking lot ponding.
(f)
Porous pavement and concrete lattice-block surfaces.
(g)
Grassed channels and vegetative strips.
(h)
Routing flow over grass.
(i)
Decreased impervious area coverage.
(j)
Detention basins.
(k)
Retention basins.
(2)
Lots which do not drain into other approved control facilities must
have on-lot stormwater retention systems to retain roof water.
(3)
The use of other control methods which meet the criteria in this
section shall be permitted if approved by the Township Engineer. Various
combinations of methods should be tailored to suit the particular
requirements of the type of development and topographic features of
the project area.
E.
Design of control methods. The following publications should be consulted
as an aid in designing control facilities:
(1)
Chapter 105, Water Obstructions and Encroachments, Title 25, Rules
and Regulations of the Pennsylvania Department of Environmental Protection.
(2)
Guidelines for Stormwater Management, Pennsylvania Department of
Environmental Protection, Bureau of Dams and Waterways Management.
(3)
Urban Hydrology for Small Watersheds, Technical Release No. 55, U.S.
Department of Agriculture, Soil Conservation Service, January 1975.
F.
Stormwater management plan required. Prior to the preliminary and
final approval of subdivision, land development or the issuance of
any permit, or the commencement of any land disturbance activity,
the owner, subdivider, developer, or his agent shall submit a stormwater
management plan to Board of Supervisors for approval.
G.
Plan requirements. The plan shall meet the requirements set forth
herein, and shall also meet all requirements of applicable state and
federal regulations. The following items, where appropriate, shall
be included in the plan:
(1)
General.
(a)
General description of project.
(b)
General description of stormwater controls both during and after
development.
(c)
Expected project time schedule, including anticipated start
and completion dates.
(d)
Training and experience of person(s) preparing plan.
(e)
An executed signature block by a registered professional engineer
as follows: "I, ______________, have prepared and hereby certify that
the stormwater management plan meets all design standards and criteria
of Bear Creek Township's Subdivision and Land Development Ordinance."
(2)
Map(s) of the project area showing:
(a)
The location of the project relative to highways, municipalities
or other identifiable landmarks.
(b)
Existing contours at intervals of two feet.
(c)
Streams, lakes, ponds, or other bodies of water within the project
area or adjacent to the site which will be affected by runoff from
the project.
(d)
Other physical features including existing drainage swales and
areas of natural vegetation to be preserved.
(e)
Location of existing overhead and underground utilities, sewers,
and water lines.
(f)
Location of proposed underground utilities, sewers, and water
lines.
(g)
Soil types and boundaries.
(h)
Proposed changes to land surface and vegetative cover.
(i)
Areas to be cut or filled.
(j)
Proposed structures, roads, paved areas and buildings.
(k)
Final contours at intervals of two feet.
(l)
Location(s) of where water will exit the site and the means
for discharging.
(m)
The location of where stormwater runoff exits the site based
upon predeveloped conditions.
(n)
Boundaries of the drainage area contributing to each point of
discharge based upon predeveloped and postdeveloped conditions, including
areas beyond.
(o)
Show the runoff flow lines used in the time-of-concentration
calculations for both the predeveloped and postdeveloped conditions.
(p)
Provide two separate maps; one for the predeveloped conditions
and one for postdeveloped conditions.
(q)
Provide detailed drawings of all proposed stormwater management
facilities.
(r)
Show all existing and proposed easements on the plan drawings.
Identify each by use and width, along with identification legend of
existing versus proposed. Indicate to whom the easement is being granted.
H.
Stormwater management controls. The plan shall show the location
and description of permanent control measures and facilities to be
provided at the site, including:
(1)
Permanent vegetation or other soil stabilization measures.
(2)
Infiltration facilities such as seepage pits, beds, or trenches including
on-lot retention systems for groundwater recharge; when such structures
are used, the location of septic tank infiltration areas and wells
relative to these facilities; cross-sections of proposed infiltration
facilities must be provided upon the plan.
(3)
Other control devices or methods such as rooftop storage, semipervious
paving materials, grass swales, parking lot ponding, vegetated strips,
detention or retention ponds, drainage easements, storm sewers, culverts,
etc.
(4)
All calculations, assumptions and criteria used in the design of
the control device or method must be included upon the plan.
(5)
Details on the types, locations and dimensions of facilities for
stormwater detention and conveyance and for groundwater recharge.
(6)
Schedule for installation of the control measures and devices.
(7)
A twenty-five-foot right-of-way around all stormwater management
structures and from such structures to a public right-of-way wherever
the Township is to accept the dedication of such structures.
I.
Hydrologic/hydraulic calculations.
(1)
As an attachment to the plan, hydrologic/hydraulic calculations shall
be provided for stormwater flows from the site and from the entire
area tributary to the site under conditions existing prior to development
and resulting from the proposed development. Hydrologic/hydraulic
calculations, assumptions and criteria used in the design of stormwater
control devices or methods shall also be provided. Measurements shall
be in cubic feet per second for the design storms.
(2)
A written narrative which fully describes the stormwater management
plan shall be submitted with the required hydrologic/hydraulic calculations.
J.
Plan submission. Four copies of the completed plan and all related
calculations shall be submitted with the preliminary plan.
K.
Approval and financial security for plan:
(1)
No preliminary or final major subdivision or land development plan
shall be approved unless there has been a stormwater management plan
approved by the Board of Supervisors that provides for controlling
stormwater runoff consistent with this section or there has been a
determination by the Board of Supervisors that a plan for minimizing
stormwater runoff is not necessary. If the Board of Supervisors renders
a determination that improvements indicated upon the approved stormwater
management plan do not require to be installed at the time of final
approval or prior to final approval, an improvement bond or other
form of financial security shall be deposited with the Township which
shall insure and guarantee the installation and completion of required
improvements as indicated upon the approved stormwater management
plan within one year or less from the date of final plan approval.
(2)
The developer or lot owner shall provide financial security as a
construction guarantee in a form to be approved by the Township Solicitor,
in an amount equal to 110% of the full cost to install the facilities
required by the approved plan. The financial security shall be released
only after receipt by the Township of certifications and "as-built"
drawings as required.
L.
Maintenance program. A maintenance program for all stormwater management
control facilities must be included. This program must include the
proposed ownership of the control facilities and detail the financial
responsibility for any required maintenance. The establishment and/or
use of a homeowners' association shall not be included within the
scope of a maintenance program.
M.
Maintenance guarantees. If any stormwater management facilities are
offered for public dedication and accepted by Bear Creek Township,
the developer shall provide a financial security, in a form approved
by the Township Solicitor for a maintenance guarantee, equal to 15%
of the total cost of the installation of said facility, used as financial
security to guarantee the stability of the newly constructed facility
and revegetation for a period of 18 months.
N.
Stormwater drainage. Storm sewers, culverts, drainage easements and
related measures shall be provided so as to control drainage and shall
be included where applicable in the management plan:
(1)
On-lot retention systems. The owner of the individual lot shall be
required to observe the following guidelines:
(a)
When required, a subsurface stormwater retention area shall
be constructed on each lot prior occupancy of the building.
(b)
Stormwater runoff from impervious areas must be collected and
conveyed underground to subsurface retention areas.
(c)
Retention system, including conveyance and collection lines,
are to be owned and maintained by the lot owner. Repair/replacement
and maintenance of the system is the responsibility of the lot owner.
(d)
The system shall be designed to accommodate anticipated peak
flow from ten-year, twenty-four-hour rainfall.
(e)
The system shall be designed by a professional engineer licensed
in Pennsylvania and shall be approved by the Township Engineer and
Board of Supervisors prior to its construction.
(f)
The system shall be constructed concurrently with or immediately
after the house is framed.
(g)
The system design shall be based on the seasonal high groundwater
table, subsurface soil permeability and slope. Proper tests shall
be conducted to substantiate design considerations and test results
are to be provided to proper officials along with design details.
At a minimum, the following tests are to be conducted on each lot,
in the area where the system will be constructed:
(h)
The system design shall include the following:
[1]
Filter fabric or other acceptable devices shall be utilized
to prevent clogging or siltation of the storage areas.
[2]
Cleanouts and traps are to be provided for maintenance purposes.
[3]
Collection pipes are to be a minimum four-inch PVC perforated
pipe.
[4]
Storage area is to include all necessary tanks, large-diameter
pipes, and stone, 2-B or equivalent.
[5]
Outlet pipes are to be solid wall PVC pipe, directed to adjacent
swales and ditches in roadway areas, or to any adjacent streams that
traverse the lot.
[6]
Outlet pipes shall not discharge any runoff onto any adjacent
lot.
[7]
Large-diameter pipes utilized for storage areas are to be either
solid wall PVC or galvanized corrugated metal pipe, or other approved
substitutes.
(i)
The Township Engineer and/or any other party, as designated
by the Board of Supervisors, shall inspect the system during and prior
to backfilling. If the system is covered over prior to inspection,
the lot owner will be required to re-excavate the backfill so proper
inspection can be conducted.
O.
Storm drainage systems. Storm drainage systems shall be required
when the stormwater runoff cannot be satisfactorily handled within
the street cartway in the determination of the Township Engineer.
Where existing storm sewers are accessible, proposed subdivisions
and land developments shall be required to connect to them. Where
storm sewers are to be located in undedicated land, they shall be
placed in an easement at least 20 feet wide. The minimum allowable
velocity in storm sewers (pipes) shall be 3.0 feet per second. The
maximum allowable spacing between structures to be used for inspecting
and cleaning storm sewers shall be based upon the following table:
|
Pipe Diameter
(inches)
|
Maximum Allowable Spacing
(feet)
|
|---|---|
|
18
|
400
|
|
18 to 36
|
500
|
|
42 to 60
|
700
|
|
66 or larger
|
Unlimited
|
P.
Street drainage at intersections. Stormwater shall not be permitted to cross intersections or the crown of a street. Inlet spacing shall be designed in accordance with the most recent edition of the Pennsylvania Department of Transportation Design Manual, Part 2. Inlets shall be placed at all changes in grade or direction of storm sewers and at a maximum spacing of 600 feet. Inlets shall be designed to the most recent edition of the Pennsylvania Department of Transportation Specifications 408, Type C or M. Inlet tops shall be cast-in-place reinforced concrete or precast concrete. Culvert ends shall be provided with either reinforced concrete headwalls or pipe end sections. Headwalls or end sections are required where flow enters inlets from natural or man-made swales or channels. Minimum pipe size shall be 18 inches in diameter and shall be made of corrugated polyethylene storm drain pipe smooth interior meeting the applicable requirements of AASHTO as determined by the Township Engineer. Said pipes shall be supplied with bell end connections and shall have a rubber gasket that meets the requirements of ASTM F477. The specifications of the Pennsylvania Department of Transportation shall govern drainage structures that are located on or discharging onto state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation. A letter from that office indicating such approval shall be directed to the Board of Supervisors.
Q.
Natural drainage areas.
(1)
Where a subdivision or land development is traversed by a natural
watercourse, a drainage easement shall be provided conforming substantially
with the line of such watercourse. The width of such easement shall
be at least 40 feet, measuring 20 feet on each side, or of such additional
width as will be adequate to preserve the unimpeded flow of natural
drainage and to provide adequate access along the watercourse for
maintenance purposes.
(2)
No person, corporation, or other entity shall block, impede the flow
of, alter, construct any structure, or deposit any material or thing,
or commit any act which will affect normal or flood flow in any communal
stream or watercourse without having obtained prior approval from
the Pennsylvania Department of Environmental Protection or the Township,
whichever is applicable. Any watercourse not under the jurisdiction
of other official agencies is to be maintained open and free-flowing.
R.
Roof drains, sump pumps, downspouts, etc. Stabilized outlets shall
be provided for stormwater roof drains, springs and sump pumps, footer
drains, floor drains, and downspouts. No stormwater shall be discharged
directly onto streets and sidewalks from these sources. All piping
systems from roofs, basement pumps, etc. discharging to rights-of-way
must discharge via buried drainage pipe into adjacent roadway at the
ditch invert, if allowed and accommodated for per the stormwater management
plan as approved by the Board of Supervisors.
S.
Lot drainage. Lots shall be laid out and graded to provide positive
drainage away from new and existing buildings.
T.
Drainage onto adjacent properties. Special consideration shall be
given in the design of storm drainage facilities so as to prevent
excess runoff or new concentrations of runoff onto adjacent properties.
Whenever a subdivision or land development disposes stormwater runoff
to an adjacent property not within a natural watercourse or in a manner
which exceeds the predevelopment flow carried in the watercourse,
a drainage release shall be obtained from the affected property owner
in writing and a copy submitted with the preliminary plan. Drainage
releases are required from all downstream property owners affected
by the diversion, relocation or increase of stormwater flow. Calculations
shall be provided and sealed by a professional engineer demonstrating
that such runoff will not erode or overtax any existing drainage facilities
or watercourses on adjacent property. Ultimate approval of such drainage
systems will depend upon approval by the Township Engineer even though
the adjacent property owner grants consent in writing.
U.
Detention basin requirements.
(1)
The design of any detention basin intended to meet the requirements of this chapter and any applicable Act 167 Stormwater Plan pertaining to the Township shall be verified by routing the design storm hydrograph through the proposed basin. For basins designed using the modified Rational Method technique, the detention volume shall, at minimum, equal the volume derived from the approximate routing process as contained in SCS Technical Release Number 55 (TR55, 1986), Chapter 6 (Figure 6-1).
(2)
All stormwater detention facilities shall be designed based upon
the following criteria. Due to the uniqueness of each stormwater detention
basin and the variability of soil and other site conditions, the following
criteria may be modified or deleted at the discretion of the Township
Engineer if warranted.
(a)
The basin is to be covered with sod or with six inches of topsoil
and seeded including the bottom, side slopes and all earthen dams
and embankments.
(b)
Suitable lining shall be required at all points of inflow to
the basin where erosion and scour may occur.
(c)
An easement to allow maintenance crews access to the basin and
outlet areas shall be established around all basins to be maintained.
The limits of such easements shall be 25 feet from the outside toe
of all dams and embankments and the top of all pond side slopes, with
said easement being connected to a public right-of-way.
(d)
The design dimensions of the detention basin shall be maintained
throughout construction, unless it is to be used as a sedimentation
basin during construction in the watershed. If so, it shall be immediately
returned to design dimensions following the completion of such construction.
If used as a temporary sedimentation basin, it shall be designed based
upon the most recent standards of DEP for sedimentation basins.
(e)
Runoff from areas uphill or upstream from the development site
may be passed across the development site without detention or storage.
If it is more convenient, part or all of such water may be passed
through the detention means described above, and an equal amount of
water that originates on site may be passed downhill or downstream.
If any such upstream water enters the detention structure, the amount
of detention shall be increased accordingly.
(f)
The inlet shall enter at the opposite end of the basin if possible.
The basin shall have a minimum bottom slope of 1% towards the primary
outlet to assure positive drainage. Low-flow channels may be required
to convey small inflows to the basin outlet.
(g)
Side slopes shall be a maximum of three feet horizontal to one
foot vertical, unless the design slopes are less than three feet,
in which case 4:1 side slopes are required. The design engineer may
propose steeper side slopes if justifiable evidence is submitted.
(h)
Basins with a minimum depth of three feet or greater shall be
enclosed by a fence, not less than six feet in height around the entire
perimeter, to keep out persons, animals and all other unauthorized
access to the basin area. A gate shall be installed to allow access
into the basin for required maintenance. With the exception of the
location of the gate, a vegetative screen of trees, with the variety
subject to the approval of the Board of Supervisors, shall be planted
in front of the fence with the spacing distance not greater than eight
feet between trees. Said trees shall be not less than six feet in
height at the time of planting.
(i)
The runoff entering the basin will result in the accumulation
of considerable amounts of sedimentation. Provision shall be made
within the maintenance schedule for periodic removal of accumulated
solid materials.
(j)
Responsibility for operation and maintenance of detention facilities,
including periodic removal of accumulated materials, shall remain
with the owner who is granted subdivision or land development approval
of a given development, unless the detention facilities are dedicated
and accepted by Bear Creek Township.
(k)
In some instances, the provision of separate detention facilities
for a number of single sites may be more difficult to maintain than
the provision of joint facilities for number of sites. In such cases,
the Township may consider the provision of joint detention facilities
which would the meet all requirements of stormwater management. In
such cases, a properly planned staged program of detention facilities
may be approved by the Township in which compliance with certain specified
requirements may be postponed at early stages while preliminary phases
are undertaken. This shall, however, pertain to stormwater management
only and not erosion and sedimentation pollution control.
(l)
Safety ledges shall be constructed on the side slopes of all detention basins designed to have a permanent pool of water. The ledges shall be four feet to six feet in width and located approximately 2 1/2 feet to three feet below and one foot to 1 1/2 feet above the permanent water surface. Side slopes shall conform to Subsection U(2)(g) and (h) of this section.
(m)
Where the project consists of more than one phase, the stormwater
controls shall be designed so that the rate of runoff for the maximum
built out condition of the site is consistent with release rate specified
in the plan. The outlet structure may have to be modified for the
first phase. The stormwater detention basin shall be constructed prior
to the first phase.
(n)
All basins shall have, at minimum, a primary outlet to control
the design storm(s) with a one-foot freeboard above the maximum pool
elevation associated with the design storm(s). All basins shall also
provide an emergency spillway to safely convey the one-hundred-year
design storm with 1/2 foot of freeboard.
(o)
If the flow from the basin is proposed to be concentrated and
discharged onto adjacent property, the developer must provide documentation
that there are adequate downstream conveyance facilities to safely
transport the concentrated discharge or otherwise provide documentation
that no adverse effects will result from the concentrated discharge.
Written permission from the adjacent property owner must be obtained
which fully explains the proposed discharge to allow for consideration
of such discharge. Ultimate approval of the feasibility of such discharges
shall require the approval by the Township Engineer.
(p)
Maximum velocities in emergency spillways shall be determined
based on the velocity of the peak flow in the spillway resulting from
the routed emergency spillway hydrograph. Where maximum velocities
exceed those contained in the most recent DEP Sedimentation and Erosion
Control Manual, suitable lining shall be provided.
(q)
The minimum top width of all basins shall be as follows:
|
Height
(feet)
|
Top Width
(feet)
|
|---|---|
|
0 to 10
|
6
|
|
11 to 14
|
8
|
|
15 or greater
|
As per DEP regulations
|
(r)
All detention basin routing will be performed using acceptable
routing methods. Selected time increments will be of a short enough
duration to allow reasonable approximation of the inflow hydrograph.
(s)
Any detention basin intended to meet the requirements of this
chapter which requires a dam safety permit from DEP shall be designed
consistent with the provisions of the Dam Safety and Encroachment
Act and DEP Chapter 105 Rules and Regulations.
(t)
The applicant shall comply with any additional design requirements
which may be recommended by the Township Engineer based upon site
conditions.
V.
Compliance as a condition of preliminary plan approval. The Township,
in its consideration of all preliminary plans of subdivision and land
development, shall condition its approval upon the execution of stormwater
management control measures.
W.
Inspections and certifications. The developer must submit a certification
by a Pennsylvania registered professional engineer; which certificate
shall certify that all elements of the approved plan have been constructed
as designed and approved.
(1)
The Township or their designee may inspect all phases of development
of the site, including but not limited to:
(a)
Completion of preliminary site preparation including stripping
of vegetation, stockpiling of topsoil, and construction of temporary
stormwater management and erosion control facilities.
(b)
Completion of rough grading, but prior to placing topsoil, permanent
drainage or other site development improvements and ground covers.
(c)
During construction of the permanent stormwater facilities at
such times as specified by Bear Creek Township Board of Supervisors
or its designee.
(d)
Upon completion of permanent stormwater management facilities,
including established ground covers and plantings.
(e)
Upon completion of any final grading, vegetative control measures
or other site restoration work done in accordance with approved plans
and permit.
(2)
It is the responsibility of the developer to notify Board of Supervisors
48 hours in advance of the completion of each phase of development
identified above.
(3)
Any portion of the work which does not comply with the approved plan
must be corrected by the developer. No work may proceed on any subsequent
phase of the stormwater management plan, the subdivision or land development
or building construction until the required corrections have been
made.
(4)
If at any stage of the work, Board of Supervisors determines that
the soil or other conditions are not as stated or shown in the approved
application or plan, it may refuse to approve further work and may
revoke existing permits and approvals until a revised plan is submitted
and approved.
X.
As-built drawings required. Following the completion of construction,
the developer shall submit drawing(s) of all improvements included
within the scope of the approved stormwater management plan to the
Board of Supervisors. Said drawings shall bear the seal of a Pennsylvania
registered professional engineer or a Pennsylvania registered land
surveyor indicating the "as built" of all required improvements shown
upon the drawings. No approved dedication of improvements shall be
accepted by the Township without the submission of "as built" drawings.
Y.
Alteration or unauthorized modification of culverts, water drainage
systems and/or stormwater drainage systems. No individual or entity
shall modify, block, divert, change or alter any existing stormwater
drainage system within Bear Creek Township, including any culverts,
swales, in-ground or above-ground piping, at any time, without formal,
written Township approval by a majority of the Board of Supervisors.
Such action shall be considered unlawful. This shall also include
failing to maintain collapsed piping under any driveway owned by any
individual or entity as part of the Township 's or other public entity
's swale or culvert system, should the same be damaged or collapsed
for any reason.
(1)
In the event any individual or entity is removing, changing, altering
or installing a pipe under a driveway, for any reason, including,
but not limited to, altering or repairing the same for use in a swale
or culvert system, the individual and/or entity shall first obtain
a permit from Bear Creek Township at the applicable rates, and shall
have the same inspected upon completion. It shall be the landowner's
responsibility to notify the Township upon completion of the installation,
repair or alteration.
(2)
It shall be the responsibility and obligation of each landowner who
or which has a culvert, swale, drainage pipe or other water management
system to ensure that the culvert, pipe, swale and/or other system
remains clear for the flow of water at all times. The said landowner
is responsible for maintenance and replacement of any culvert, swale,
drainage pipe and/or water management system and shall take all necessary
action and responsibility for any and all blockage in or with the
said water management systems.
(3)
Failure to meet the responsibilities and obligations set forth in this Subsection Y shall subject the landowner to a fine of not less than $50 to a maximum of $300. Each day after notice from the Township to the landowner of the failure to maintain, clean, repair or address the stormwater management system shall be considered a separate offense. In the event a Landowner, individual or entity is found guilty of intentionally and illegally altering, changing, blocking or modifying a water drainage pipe, stormwater management pipe, culvert or swale, said party shall be subject to a fine of not less than $50 to a maximum of $1,000, and shall be required to remedy the violation of this section. Each day that the violation continues shall be considered a separate offense.
Easements shall be provided for all utilities, including but
not limited to poles, wires, conduits, storm and sanitary sewers,
water and heat mains, gas, electric power, telephone, cable TV and
roadway embankments.
A.
Location and width. With the exception of on-lot sewer laterals,
utilities shall be located either within the public right-of-way or
in easements centered on or adjacent to front, rear, or side lot lines.
No structures or trees shall be placed over or within such easements.
Such easements shall be minimum of 20 feet in width.
B.
Underground installation. In developments of five or more lots or
residential developments of five or more dwelling units, electric,
telephone, and all other utility facilities shall be installed underground.
All existing and proposed utilities shall be shown on the preliminary
plan. Prior to final plan approval, the developer shall be required
to obtain a letter from each utility company providing service to
the subdivision stating that it has entered into an agreement with
the developer to provide for such a system. All underground utilities
including laterals, service connections, etc. or provisions for the
same shall be installed prior to the placing of the subbase material
in areas where the utilities underlie the cartway.
C.
Petroleum, gas and electric transmission lines.
(1)
Where any petroleum, petroleum products, natural gas or electric
transmission line traverses a subdivision or land development, the
developer shall confer with the applicable transmission or distribution
company to determine the minimum distance which the company requires
between each structure and the center line of such transmission line.
Prior to preliminary plan approval, the developer shall be required
to obtain a letter from the transmission or distribution company stating
that it has entered into an agreement with the developer establishing
an easement through the tract and stating any conditions on the use
of the tract and the easement width.
(2)
Any company intending to install a petroleum, petroleum products
or natural gas transmission line shall be required to construct such
line on an easement at least 50 feet wide, and the line shall be located
at the center of such easement. The installation shall comply with
all applicable standards of the Pennsylvania Utilities Commission.
(3)
A minimum distance of 25 feet, measured from the edge of the easement,
shall be required between any proposed dwelling unit and any petroleum,
petroleum products or natural gas transmission line which traverses
a subdivision.
A.
Curbs.
(1)
Curbs may be required on all streets and parking lots located within
a major subdivision or major land development, both residential and
nonresidential. Collector and arterial streets which do not require
curbs shall have shoulders being 12 feet in width. Curbs or other
drainage controls shall be installed to properly control surface drainage
and protect the streets from erosion.
(2)
Requirements for physically handicapped persons. Where sidewalks
are provided, all curbs shall be designed and constructed with barrier-free
ramps at intersections. Said ramps shall not outlet onto a catch basin,
be located and designed in accordance with the most recent ADA standards.
(3)
Curb type. Curbs shall be poured-in-place Portland cement concrete
or natural granite from an approved source. Provision shall be made
for driveway access for each lot.
(4)
Construction material.
(a)
All curbs shall be constructed of portland cement concrete with
expansion joints at a maximum spacing of 15 feet and shall conform
with PennDOT 1994 Specifications 408, or latest edition, where applicable.
Minimum concrete strength shall be 3,750 psi at 28 days. Concrete
testing, including break and slump testing, is the obligation of the
developer to assure compliance with this section. Testing lab must
be approved by the Township Engineer. Curbs shall be eight inches
wide at their base with a one-inch batter. Top width shall be seven
inches and minimum depth of 18 inches.
(b)
Expansion joints shall be constructed with three-quarter-inch
premolded expansion joint material. Expansion joints shall be required
at all obstructions. All concrete shall be cured in accordance with
PennDOT 1994 Specifications 408, or latest edition.
B.
Sidewalks.
(1)
Where required. The Township may require installation of sidewalks,
not less than four feet in width in any major subdivision or land
development where the evidence indicates that sidewalks are necessary
for the public safety, including but not limited to both sides of
all streets and parking lots located within multifamily and apartment
building developments. Each property owner shall be responsible for
the maintenance of sidewalks which border his or her property. Said
responsibility for sidewalk maintenance shall be contained within
each deed of a proposed subdivision.
(2)
Width and construction. Sidewalks shall be constructed with class
"AA" concrete having a minimum strength of 3,750 psi at 28 days. Minimum
depth of sidewalks shall be five inches with a subbase of four inches.
Where crossed by driveways, sidewalks shall be six inches minimum
depth with a subbase of four inches. False joints shall be provided
at maximum intervals of five feet and shall be at least 1/4 the depth
of the concrete. Expansion joints shall be provided at all walls,
poles, curbs, and other obstructions. All concrete shall be cured
in accordance with the latest edition of PennDOT Specifications 408.
Forms shall be removed no sooner than seven days after sidewalk concrete
is poured. Sidewalks shall be sprayed with antispalling compound within
28 days after being poured.
C.
Driveway access. The developer shall provide sufficient curb depressions
at the time of original curb construction to permit driveway access
to each lot. Where sidewalks are also required, the developer shall
install a concrete transition apron between curb and sidewalk at each
such depression concurrently with curb and sidewalk construction.
Each property within a subdivision or land development shall contain
a deed restriction which requires that all driveways onto a property
shall be installed in full compliance with the required transition
apron.
A.
General. If a proposed subdivision includes land that is zoned for
commercial or industrial purposes, the layout of the subdivision or
land development with respect to such land shall make such provisions
as the Board of Supervisors require.
B.
A nonresidential subdivision or land development shall also be subject to all the requirements if site plan approval set forth in Chapter 127, Zoning. Site plan approval and nonresidential subdivision plan approval may proceed simultaneously at the discretion of the Board of Supervisors. A nonresidential subdivision shall be subject to all the requirements of these regulations as well as such additional standards required by the Board of Supervisors and shall conform to the proposed land use and standards established in the Comprehensive Plan and Chapter 127, Zoning.
C.
Standards. In addition to the requirements and standards in these
regulations, which are appropriate to the planning of all subdivisions,
the applicant shall demonstrate to the satisfaction of the Board of
Supervisors that the street, parcel, and block pattern proposed is
specifically adapted to the uses anticipated and takes into account
other uses in the vicinity. The following principles and standards
shall be observed:
(1)
Proposed industrial parcels shall be suitable in the types of industrial
or commercial development anticipated.
(2)
Street right-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated to be generated thereon.
(3)
Special requirements may be imposed by the Board of Supervisors with
respect to street, curb, gutter, and sidewalk design and construction.
(4)
Special requirements may be imposed by the Board of Supervisors with
respect to the installation of public utilities, including water,
sewer, and storm drainage.
(5)
Every effort shall be made to protect adjacent residential areas
from potential nuisance from a proposed commercial or industrial subdivision,
including the provision of extra depth in parcels backing on existing
or potential residential development and provisions for a permanently
landscaped buffer strip when necessary.
(6)
Streets carrying nonresidential traffic, especially truck traffic,
shall not normally be extended to the boundaries of adjacent existing
and potential residential areas without provisions for a permanently
landscaped buffer strip when necessary.
