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Township of Bear Creek, PA
Luzerne County
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Table of Contents
Table of Contents
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.
(1) 
To the greatest practical extent, the following activities shall be minimized:
(a) 
Disturbance to streams and drainage swales.
(b) 
Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.
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.
F. 
Markers shall be set as follows:
(1) 
At all points where lot lines intersect street right-of-way lines, except for monument locations.
(2) 
At all other lot corners.
(3) 
At all points where lot lines intersect curves.
(4) 
At all angles in property lines of lots.
For blocks, the following standards shall apply:
A. 
Maximum length not to exceed 1,000 feet;
B. 
Be of sufficient width to permit two tiers of lots. Exceptions to this prescribed block width shall be permitted in blocks adjacent to public streets, railroads, streams, other natural barriers.
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.
B. 
Each person, corporation, or other entity which makes any surface changes shall be required to:
(1) 
Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area;
(2) 
Handle existing off-site runoff through his development.
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:
[1] 
Secondary (collector) roads for storms of twenty-five-year frequency;
[2] 
Primary (arterial) highways for storm of twenty-five-year frequency; and
[3] 
Expressways for storms of fifty-year frequency.
(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:
[1] 
Test pit. To determine the groundwater table elevation in accordance with accepted standards for on-lot sanitary disposal systems.
[2] 
Percolation test. To determine soil permeability in accordance with accepted standards for on-lot sanitary disposal systems.
(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.