Township of Coolbaugh, PA Article VI Design Standards and Specifications

§ 355-43 General design standards; Township zoning requirements.

In addition to the standards in this article, all subdivisions and land developments shall be designed in accord, and comply, with the applicable requirements of Chapter 400, Zoning.

A. Application. The standards and requirements contained in this article shall apply to all subdivisions and land developments and are intended as the minimum for the preservation of the environment and promotion of the public health, safety, and general welfare; and, then shall be applied as such by the Planning Commission and Board of Supervisors in reviewing and evaluating plans for all proposed subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of initial application.

(1) Planning. The development shall conform to the proposals and conditions shown in the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive Plan and any local or regional plans adopted by the Township. The streets, drainage, rights-of-way, school sites, public parks and playgrounds shown on the officially adopted plan or the Township Official Map shall be considered in the approval of all plans. In the case of major subdivisions and land developments, the applicant shall submit a narrative detailing how the development conforms to any applicable plan.

(2) Effect of Official Map. All proposed streets and intersections, water and sewer lines, stormwater facilities and other improvements shall conform to the Coolbaugh Township Official Map in terms of layout, existing and required rights-of-way, and coordination with reservations identified on the Official Map for street widenings and improvements. All improvements shall, to the greatest extent possible, be designed to avoid encroachment on areas subject to the Official Map. In cases where only a portion of a tract is being developed or dead-end streets are proposed, the Township may require future streets to be shown to ensure connection to abutting tracts or existing streets.

(3) Improvements, specifications. Additional improvements, or improvements of more stringent specifications, may be required in specific cases where, in the opinion of the Board of Supervisors, such specifications are necessary to create conditions essential to the health, safety, and general welfare of the citizens of the Township and/or to protect the environment of the Township.

(4) Hazard areas. Those areas which may present such hazards to life, health, or property as may arise from fire, flood or noise, or are considered to be uninhabitable for other reasons, shall not be subdivided for building purposes unless the hazards have been eliminated or the plans show adequate safeguards against the hazards. Sources for determining and evaluating potential hazards may include historical records, soil evaluations, engineering studies, expert opinions, standards used by licensed insurance companies, and adopted regional, county or local municipal policies.

(5) Development design; remnants; 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.

(6) Natural features. Care shall be taken to preserve natural features such as agricultural land, woodland and specimen trees, wetlands, watercourses, views, and historical features, such as buildings and stone walls, which will maintain 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 United States Army Corps of Engineers.

(a) Groundwater resources. This section is intended to ensure that the Township's limited groundwater resources are protected for purposes of providing water supplies for its residents and businesses, and to protect the base flow of surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter, dealing with groundwater conservation and replenishment. The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, the use of bioretention areas and infiltration trenches, and the placement of streets, buildings and other impervious surfaces in locations other than those identified on the existing resources and site analysis plan as having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater.

(b) Stream valleys, swales, springs, and other lowland areas. Stream valleys (which include stream channels and floodplains), swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, groundwater recharge functions, importance to water quality, and the health of aquatic communities and wildlife habitats. Such areas are generally poorly suited for subsurface sewage disposal systems. Stormwater management shall be provided in accord with Township stormwater regulations and the following activities shall be minimized:

[1] Disturbance to streams and drainage swales.

[2] Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.

[3] Stream valleys, swales and other lowland areas warrant designation as conservation open space because of extreme limitations. They may also require adjoining buffer lands to be included in the conservation open space, to be determined by an analysis of the protection requirements of such areas on a case-by-case basis. In certain instances, hydric soils may be excluded from the conservation open space where it can be demonstrated that they are suitable for low-density residential uses and on-lot sewage systems.

(c) Steep slopes. The purpose of steep slope regulations is to conserve and protect those areas having steep slopes from inappropriate development and excessive grading; to prevent potential dangers caused by erosion, stream siltation, and soil failure; and to promote uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover, by restricting grading of steep slope areas. Steep slope area is defined and established as those areas having an original, unaltered slope of 25% or greater. The establishment of slopes shall be made by a topographic survey performed by a registered surveyor, or other means acceptable to the Township.

(d) Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance exist throughout the Township. Some of these have been carefully documented (e.g., by the Statewide Natural Diversity Inventory), whereas for others, only the general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the Township Map of Potential Conservation Lands or by the applicant's existing resources and site analysis plan by incorporating them into proposed conservation open space areas or avoiding their disturbance in areas proposed for development.

(7) Historic structures and sites. Plans requiring subdivision and land development approval shall be designed to protect existing historic 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 Commission, a plan will have an impact upon an historic resource, the developer shall mitigate that impact to the satisfaction of the Commission 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 PA DEP approval of proposed sewage disposal systems, shall be required prior to preliminary plan approval.

(8) Boundary lines and reserve strips. Lot lines should follow municipal and county boundary lines, rather than cross them. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.

(9) Water frontage and surface drainage. The 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 approval of the Township, and, where required by state statute, the PA DEP, or other applicable state agencies. Stormwater management shall be provided in accord with Township stormwater regulations.

(10) Community facilities and adopted plan requirements. Where a proposed park, playground, school, or other public use is shown in an adopted plan of the Township and is located in whole or in part in a proposed development, the Board of Supervisors may require the reservation of such area, provided that such reservation is acceptable to the developer.

(11) Walkways. Pedestrian interior walks may be required, where necessary, to assist circulation or provide access to community facilities (e.g., a park or school).

(12) Storm drainage. Lots and/or parcels shall be laid out and graded to provide positive drainage away from buildings and to prevent damage to neighboring lots, tracts, or parcels. Stormwater management shall be provided in accord with Township stormwater regulations.

B. Planned improvements. Physical improvements to the property being subdivided and/or developed shall be provided, constructed and installed as shown on the approved plan.

C. Improvements specifications. All improvements installed by the developer shall be constructed in accordance with the design specifications and construction standards of the Township and advice of the Township Engineer.

(1) Where there are no applicable Township specifications, improvements shall, if approved by the Board of Supervisors, be constructed in accordance with specifications furnished by the Township Engineer, Monroe County Conservation District, Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection, Bureau of Forestry or such other county, state or federal agency as may be applicable.

(2) If there are no applicable Township or state specifications, the Board of Supervisors may authorize that such specifications be prepared by the Township Engineer or an engineering consultant.

D. Other ordinances. Whenever other Township ordinances and/or regulations impose more restrictive standards and requirements than those contained herein, such other ordinances and/or regulations shall be observed, otherwise, the standards and requirements of this chapter shall apply.

§ 355-44 Four-step design process for conservation design subdivisions.

[Amended 7-5-2023 by Ord. No. 151-2023]

All preliminary plans for all conservation design subdivisions shall include documentation of a four-step design process in determining the layout of proposed conservation open space, house and development sites, streets and lot lines, as described below. (NOTE: Diagrams are for residential illustrative purposes only.) (See Zoning Ordinance § 400-20 for conservation subdivision design development.)

A. Resource inventory and analysis. The tract's resources shall be delineated on an existing resources and site analysis, as required in § 355-26C.

B. Four-step design process.

(1) Step 1: Delineation of conservation open space.

(a) Conservation open space should include all primary conservation areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in § 355-45A and B.

(b) Proposed conservation open space shall be designated using the existing resources and site analysis plan as a base map and complying with this section and § 355-45, dealing with resource conservation and conservation open space delineation standards. The Township's Map of Potential Conservation Lands shall also be referenced and considered. Primary conservation areas shall be delineated comprising floodplains, wetlands and slopes over 25%.

(c) In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed conservation open space, in consultation with the Planning Commission and in accord with § 355-45A and B.

(d) On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated in a manner clearly indicating their boundaries as well as the types of resources included within them.

Step 1, Part 1: Identifying Primary Conservation Areas

(e) Development areas should constitute the remaining lands of the tract outside of the designated conservation open space areas.

Step 1, Part 2: Identifying Secondary Conservation Areas

Step 1, Part 3: Identifying Potential Development Areas

Step 2: Locating Potential House Sites

Step 3: Designing Infrastructure

(2) Step 2: Location of house/development sites. Potential house/development sites shall be located, using the proposed conservation open space as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

(3) Step 3: Designing infrastructure.

(a) With house/development site locations identified, applicants shall delineate a street system to provide vehicular access to each house in a manner conforming to the tract's natural topography and providing for a safe pattern of circulation and ingress and egress to and from the tract.

(b) Streets shall avoid or at least minimize adverse impacts on the conservation open space areas. To the greatest extent practicable, wetland crossings and new streets or driveways traversing slopes over 15% shall be avoided.

(c) Street connections shall generally be encouraged to minimize the number of new culs-de-sac and to facilitate easy access to and from homes in different parts of the tract and on adjoining parcels.

(d) A proposed network of trails shall also be shown for residential projects, connecting streets with various natural and cultural features in the conserved conservation open space. Potential trail connections to adjacent parcels shall also be shown, in areas where a municipal trail network is envisioned.

(e) Preferred locations for stormwater and wastewater management facilities shall be identified using the existing resources/site analysis plan as a base map. Opportunities to use these facilities as a buffer between the proposed conservation open space and development areas are encouraged. The facilities should be located in areas identified as groundwater recharge areas as indicated on the existing resources/site analysis plan. The design of the facilities should strive to use the natural capacity and features of the site to facilitate the management of stormwater and wastewater.

Step 4: Drawing in the Lot/Development Lines

(4) Step 4: Drawing in the lot/development lines. Upon completion of the preceding three steps, boundaries are drawn as required to delineate the boundaries of individual lots or development areas, following the configuration of house sites and streets in a logical and flexible manner.

§ 355-45 Conservation open space standards.

The design of conservation open space proposed in any subdivision or land development plan shall reflect the standards set forth in §§ 355-43 and 355-44. and the resources identified on the Township's Map of Potential Conservation Lands and the development's existing resources and site analysis.

A. Primary conservation areas. The design shall include the following primary conservation areas in the conservation open space and strictly minimize the disturbance of such areas:

(1) Delineated wetlands.

(2) Floodway and floodplain as shown on the Township Flood Insurance Rate Map issued by FEMA.

(3) Slopes in excess of 25%.

B. Prioritized list of secondary conservation areas. The design shall, to the fullest extent possible, incorporate the following secondary conservation areas (listed in higher to lower order of significance):

(1) Vernal ponds, wet soils, swales, springs, and other lowland areas, including adjacent buffer areas which may be required to ensure their protection.

(2) Significant natural areas of species listed as endangered, threatened, or of special concern, such as those listed in the Statewide Natural Diversity Inventory or the Monroe County Natural Areas Inventory.

(3) Moderately steep slopes (15% to 25%), particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.

(4) Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands, and wildlife habitats.

(5) Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.

(6) Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetational features representing the site's rural past.

(7) Class I and II agricultural soils as defined by the United States Department of Agriculture Natural Resource Conservation Service.

(8) Historic structures and sites.

(9) Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public streets (particularly those with historic features).

(10) Existing trails connecting the tract to other locations in the Township.

C. Other design considerations. The configuration of proposed conservation open space set aside for common use in residential subdivisions and conservation open space in non-common ownership shall comply with the following standards:

(1) Be free of all structures except historic buildings, stone walls, and structures related to conservation open space uses. The Supervisors may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the conservation open space, provided that such facilities are not detrimental to the conservation open space (and that the acreage of lands required for such uses is not credited towards minimum conservation open space acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use).

(2) Generally not include parcels smaller than three acres, have a length-to-width ratio of more than four-to-one, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.

(3) Be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to conservation open space.

(4) Be suitable for active recreational uses to the extent deemed necessary by the Supervisors, without interfering with adjacent dwelling units, parking, driveways, and streets.

(5) Be interconnected wherever possible to provide a continuous network of conservation open space within and adjoining the subdivision.

(6) Provide buffers to adjoining parks, preserves or other protected lands.

(7) Except in those cases where part of the conservation open space is located within private house lots, provide for pedestrian pathways for use by the residents of the subdivision. Provisions should be made for access to the conservation open space, as required for land management and emergency purposes.

(8) Be undivided by public or private streets, except where necessary for proper traffic circulation.

(9) Be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect conservation open space resources.

(10) Be made subject to such agreement with the Township and such conservation easements duly recorded in the office of the Monroe County Recorder of Deeds as may be required by the Planning Commission for the purpose of preserving the conservation open space for such uses.

(11) Be consistent with the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive Plan and any other duly adopted Township plan.

§ 355-46 Easements.

Easements and reservations for easement shall be provided as necessary to accommodate the proposed development. As a minimum, the following easements shall be provided, indicated on the plans, and included in the covenants:

A. Drainage easements. Easements for drainage purposes shall be granted to Coolbaugh Township, the property owners association and other appropriate parties, as follows:

(1) Drainage easements shall completely contain the proposed stormwater management controls, including pipes, swales, basins, ponds, other structures and all other facilities which may require improvement, maintenance or replacement.

(2) Drainage easements with a minimum width of 10 feet shall be provided along all road lines, exterior property lines and centered on all common lot lines.

(3) Where a subdivision is traversed by a stream or other watercourse or a drainageway, a drainage easement shall be provided which conforms to the high water line or boundary of such stream, watercourse or drainage way.

B. Slope easements. Temporary slope easements shall be granted to Coolbaugh Township. Such easements shall contain the full extent of grading required for the construction of roads and related improvements.

C. Utility easements. Utility easements shall be granted to Coolbaugh Township, the property owners' association, appropriate utility companies and other appropriate parties, as follows:

(1) Utility easements with a minimum width of 10 feet shall be provided along all road lines, all exterior property lines and centered on all common lot lines.

(2) Additional utility easements shall be provided as necessary to accommodate required utility services.

D. Clear sight easements. Easements for the maintenance of clear sight triangles as required by § 355-49N(2) shall be granted to Coolbaugh Township.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Clear zone easements. Easements for the maintenance and preservation of the clear zone adjacent to the roadways shall be granted to Coolbaugh Township.

F. Other easements. Additional easements for access, construction or other purposes shall be provided as necessary.

§ 355-47 Resource conservation standards for site preparation and cleanup.

(Note: This section applies only in cases where earth disturbance is involved as part of a subdivision or land development as defined by this chapter. A minor subdivision often results in the eventual construction of a house, but the issuance of a building permit would not occur until after the subdivision has been approved and recorded. The construction of one dwelling on one lot is not subject to regulation by this chapter.)

A. Protection of vegetation from mechanical injury. Where earthwork, grading, or construction activities will take place in or adjacent to woodlands, old fields or other significant vegetation or site features, the Township may require that the limit of disturbance be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed prior to commencing of, and shall be maintained throughout, the period of construction activity.

B. Protection of vegetation from grading change. Grade changes to occur at any location of the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.

C. Protection of vegetation from excavations. When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized. If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.

D. Protection of topsoil.

(1) Except as approved on the preliminary plan, no topsoil shall be removed from the site and shall be retained on the site as necessary for proper site stabilization.

(2) Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site, except as approved on the preliminary plan.

(3) Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized in accord with best management practices.

(4) Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.

§ 355-48 Access, blocks and lots.

(See Article IX for additional standards applicable to nonresidential uses.)

A. Access. Except as permitted in the case of a private access street in a residential subdivision, all lots shall front on a public street or on an approved private street constructed in accord with this chapter and be subject to the following design standards:

(1) Within any subdivision and/or land development, a maximum of 12 lots or dwelling units shall be served by a single means of access.

(2) A minimum of two means of access shall be provided for any subdivision and/or land development, or portion thereof, which contains more than 12 lots or dwelling units.

(3) When two means of access are required or proposed, the streets or portions of a street which provide such access shall comply with the minimum offset requirements in § 355-49I(3).

(4) Residential subdivisions shall be provided with sufficient accesses to limit the maximum anticipated ADT to 1,500 vehicles per day on any access.

B. Configuration. The configuration of blocks and lots shall be based on the area and dimensional requirements of Chapter 400, Zoning, topography and natural features, existing and proposed improvements, the adjacent development pattern, the Comprehensive, the Official Map and other plans. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation.

C. Blocks.

(1) All blocks.

(a) Blocks shall be of sufficient width to permit two tiers of lots except where a public street, stream, other natural barrier or unsubdivided land prevents the platting of two tiers of lots.

(b) Blocks along connector and arterial streets shall not be less than 800 feet in length.

(c) In the design of blocks longer than 1,000 feet, special consideration shall be given to assuring adequate fire protection, pedestrian access and utility services.

(2) Residential blocks.

(a) Blocks in residential subdivisions shall have a minimum length of two times the minimum lot width, but not less than 300 feet, and a maximum length of 10 times the minimum lot width, but not greater than 1,500 feet for blocks which contain lots with an average area of less than one acre, nor greater than 2,000 feet in other cases.

(b) In the design of residential blocks, special consideration should be given to requirements for safe and convenient vehicular and pedestrian circulation, including minimization of the number of intersections with collector and connector streets.

D. Lot standards. Minimum lot sizes and dimensions shall comply with Chapter 400, Zoning, and lots shall comply with the following:

(1) All lots.

(a) In order to avoid jurisdictional problems, lots divided by municipal boundaries shall be avoided. Where a lot is divided by a municipal boundary, the minimum standards of both municipalities shall apply. Where a subdivision is divided by a municipal boundary, the applicant shall so notify the governing body of each municipality affected so that an administrative agreement for the platting and taxing of lots between the municipalities can be executed, if such agreement is necessary.

(b) Lot lines shall be perpendicular or radial to street right-of-way lines, unless the Township determines that an exception is warranted for lot lines which follow existing natural features, improvements or parcel fines, or to permit an obviously superior configuration.

(c) Double-frontage lots are prohibited except where provided as reverse frontage lots to reduce the number of driveway intersections along a street with a high volume of traffic or where existing topographic conditions and/or property configuration make the development of single-frontage lots impractical. Where double-frontage lots are permitted, the following requirements shall apply:

[1] The lot depth and the rear yard of each double-frontage lot shall be a minimum of 20 feet in excess of the minimums prescribed by Chapter 400, Zoning.

[2] A planting strip with a minimum width of 20 feet shall be provided along the designated rear of the lot, with a suitable landscaped screen provided by the developer in accordance with landscaping standards of this chapter.

(d) Where practical, any lot with an area of less than two acres shall have a depth to width ratio not exceeding three to one.

(e) Odd-shaped lots should be avoided, and may be approved solely at the discretion of the Township.

(f) Lots shall be laid out to the edge of the required right-of-way of any proposed street and lot lines along existing public or private streets shall be maintained as they exist.

(g) Remnants of land, other than rights-of-way or required buffers, shall not be created; they shall be incorporated into existing or proposed lots, properties or rights-of-way.

(2) Residential lots. Each lot plotted for residential purposes shall provide, inside the required yards, an area containing 5,000 square feet for each dwelling unit.

(a) Such areas shall have an average natural or existing slope of not greater than 20%.

(b) Such areas shall be accessible from the street by a driveway or private access street with a maximum grade of 15%.

(c) In the case of lots which utilize on-lot subsurface sewage disposal systems, there shall be sufficient area for a primary and a replacement sewage absorption area, in addition to the above requirements. Such areas for sewage absorption must be determined to be suitable by appropriate testing.

(3) Nonresidential lots. Each lot shall contain a minimum area within the required yards equal to the footprint area of the proposed buildings and parking areas, which shall have an average natural or existing slope not exceeding 12%.

Unacceptable Lot Layout

Acceptable Lot Layout

Unacceptable Lot Layout

Acceptable Lot Layout

Reverse Frontage Lots

(4) Resubdivision potential. Subdivisions which result in lots which have two or more times the minimum lot area and are otherwise suitable shall be designed for the potential subdivision of such lots unless further subdivision is prohibited by deed covenants and restrictions. A sketch plan may be required to demonstrate that potential future subdivision will conform to this chapter.

E. Flag lots. (See also § 355-49H, Private access streets.) Flag lots shall not be created when lots can be designed that directly access a public or private street. The Board of Supervisors, in its sole discretion, may approve the creation of a limited number of flag lots in accord with the standards in this section. The Board of Supervisors may attach any reasonable conditions to the creation of flag lots as it finds necessary or desirable to provide for the orderly development of land and street systems.

(1) Necessity. The applicant shall show that the flag lot is necessary to minimize the environmental impacts (e.g., disturbance of conservation areas); and, that it would not result in a greater number of lots on the tract than would otherwise be feasible and permitted.

(2) Further subdivision restriction. The flag lot shall be restricted from further subdivision unless the required access street right-of-way width is provided.

(3) Number in subdivision. Not more than 10% of the lots within a subdivision may be approved as flag lots.

(4) Access corridor length. The access corridor (staff) portion of the lot is the area of the lot that extends between the street and main portion of the lot, and shall not exceed 450 feet in length, as measured from the street right-of-way.

(5) Access corridor length. The access corridor (staff) shall, at a minimum, be 32 feet in width.

(6) Driveway grade. The proposed driveway shall not exceed a grade of 12% and shall otherwise provide adequate access for emergency vehicles. The Township may require the installation of the driveway as part of final approval.

(7) Lot width. The lot width measurement shall be made on the main portion of the lot and shall not include the access corridor (staff).

(8) Front lot line. The lot line where the narrow access corridor (staff) widens shall be considered the front lot line for applying setback requirements.

(9) Minimum lot area. The area of the access corridor (staff) shall not be included in the calculation of the required minimum lot area.

(10) Adjoining flag lots. No more than two flag lots shall be permitted side by side, and shall not be stacked more than one tier.

Flag Lot

§ 355-49 Streets.

A. General requirements.

(1) Conformance. All streets, whether public or private, shall be constructed to conform to the requirements of this chapter.

(2) Street access. Every subdivision and land development shall have access to a public street.

(3) Street system. In general, all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to ensure circulation of vehicular and pedestrian traffic, with the exception that local streets shall be laid out, including the use of loop streets and culs-de-sac, so that their use by thorough traffic will be discouraged.

(4) Improvement. Streets shall be graded, improved and surfaced to the grades and specifications shown on the plans, profiles, and cross sections as required by this chapter.

(5) Adopted/filed plans. Proposed streets shall further conform to such Township, county and state highway plans as have been prepared, adopted and/or filed as prescribed by law.

B. Street hierarchy. Streets shall be classified in a street hierarchy system with the design based on function and average-day traffic count (ADT).

(1) Definition of function. The street hierarchy system and each proposed street shall be defined by function and ADT, calculated by trip-generation rates based on the most current Trip Generation Manual of the Institute of Transportation Engineers, or from such other sources demonstrated by the applicant to better reflect local conditions.

(2) Classification and design. Each street shall be classified and designed for its entire length to meet the standards for one street classification as set forth herein.

(3) Traffic. It shall be demonstrated to the satisfaction of the Township that the projected traffic will not exceed the design ADT for a period of 10 years from the anticipated date of completion of any road.

C. Existing access. Existing private streets or private rights-of-way proposed to provide access to a subdivision and/or land development shall meet all the requirements of this section or shall otherwise be improved to such standards.

D. Street continuation; further subdivision.

(1) Exterior property lines. Rights-of-way of proposed streets shall be extended to exterior property lines to ultimately provide access to adjoining lands and shall be designed in conformance with the design requirements of a street, and the contiguous parcels must contain proper setbacks and sight distances.

(2) Use of the future right-of-way. The area within the future right-of-way shall be included within the deeds to the abutting lots with a right-of-way in favor of the Township and the owners of the land into which the future right-of-way will extend to permit the use of the future right-of-way for public street purposes should the adjoining lands be developed. Reserved rights-of-way are permitted only when they will be no longer than the depth of one lot, and will not be the primary means of access to any lot or dwelling unit. For lengths longer than one lot, a fully constructed stub street and temporary cul-de-sac are required.

(3) Future right-of-way maintenance. The landowners of the lots in which the future right-of-way is included shall have the duty to maintain the area included within the future right-of-way and this duty shall be indicated in a note on the final plan and in all deeds to such lots. However, the landowners of the lots in which the future right-of-way is included shall have no obligation concerning the improvement of such future right-of-way for street purposes.

(4) Further subdivision. Adequate street rights-of-way to permit further subdivision shall be provided as necessary if lots resulting from the original subdivision are large enough to permit resubdivision or if a portion of the tract is not subdivided.

E. Existing streets/rights-of-way.

(1) Required width. Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided or developed the remainder of said street or alley shall be platted to the width required by this chapter based on the classification of the street within the proposed development.

(2) Increased setback. Where a subdivision or land development abuts or contains an existing public or private street of inadequate right-of-way width, the building setback shall be shown on the plans measured from a line which would satisfy the right-of-way requirements for the classification of the abutting street. Additional setback and easement for right-of-way shall be provided in the case of land abutting private streets.

(3) Transition area. The extension of existing streets or alleys which are presently constructed with a cartway different from current Township standards shall be provided with a transition area, the design of which is subject to Township approval.

(4) Required improvement. When it is determined by the Township that an existing street requires improvement, said improvement shall be made as part of the required improvements.

F. Subdivision names, street names, 911 addresses and signs.

(1) 911 emergency call system. Subdivision and street names shall not be repeated or be similar to those existing within the Township or adjacent areas; and, all street names shall be subject to the approval of the Township for conformance with the enhanced 911 emergency call system. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the names of the existing streets.

(2) Street name signs. Street name signs of a design approved by the Township shall be installed by the developer at his expense at each street intersection.

(3) Address assignment. All lots shall be assigned an address in accord with the enhanced 911 emergency call system.

(4) Mailboxes. Common mailboxes shall be installed in accord with U.S. Postal Service standards in convenient and safe locations at the entrance(s) to the subdivision.

G. Cul-de-sac streets. Cul-de-sac streets shall be permitted only in cases where the property configuration does not permit the logical use of continuous streets; and, the Township shall have the right to deny the use of cul-de-sac streets in cases where the Township determines that the use of continuous streets is practical. Cul-de-sac streets, where permitted, shall meet the following design regulations:

(1) Required. Any street terminated at one end shall be provided with a turnaround and designed as a cul-de-sac street, except for stub streets provided to connect to adjacent properties when the stub street does not exceed one lot depth in length and is not necessary for access to any lot.

(2) Use. Permanent cul-de-sac streets shall be used only when the development of a through street is not feasible.

(3) Future extension. Unless future extension of a cul-de-sac street is demonstrated to be impractical or undesirable, the turnaround shall be placed adjacent to the tract boundary line with such configuration as can be extended at the full required width.

(4) Turnaround. All cul-de-sac streets, whether permanent or designed to be extended, shall terminate in a circular turnaround with a minimum right-of-way radius of 75 feet and a minimum radius of 62.5 feet to the outside edge of the pavement or curbline.

(5) Connection to right-of-way. The circular right-of-way of the turnaround shall be connected to the approach right-of-way by a circular arc having a radius of not less than 35 feet.

(6) Radius. The circular paving of the turnaround shall be connected to the approach by a circular arc having a radius of not less than 50 feet.

(7) Length/unit limit. In the case of a cul-de-sac street which is designed to serve solely residential uses, the cul-de-sac street shall not exceed 800 feet in length and shall not furnish access to more than 12 dwelling units.

(8) Commercial or industrial uses. In the case of a cul-de-sac street which is designed to serve commercial or industrial uses, the cul-de-sac street shall not exceed 800 feet in length, shall not ultimately have an ADT in excess of 1,500 vehicles per day and shall have a street cross section which meets the width and construction standards of a collector street.

(9) Landscaped island. In the case of a residential cul-de-sac, the turnaround may be designed and constructed with a landscaped island meeting the following standards:

(a) The maximum diameter of the island shall be 69 feet to provide for a pavement width of 20 feet and shoulder widths of four feet.

(b) The design and construction of the turnaround shall result in a low point in the elevation of the island such that stormwater runoff from the adjacent lane can be drained into the island and plowed snow from the turnaround can be pushed into the island. The low point of the island shall be drained by a properly sized catch basin and storm drain.

(c) The landscaping shall be subject to the approval of the Township.

H. Private access streets. Private access streets may be used to provide access for residential lots to an existing public street. Any subdivision which incorporates a private access street shall be considered a major subdivision, and the private access street and any associated stormwater or other facilities shall be considered improvements which require completion or a financial guarantee prior to final approval.

(1) Number of dwelling units; access. A private access street shall be used only to provide access to two three lots which cannot legally be further subdivided and cannot be improved with more than one dwelling unit. All lots in the subdivision which adjoin the private access street shall use it for access to the adjoining public street.

(2) Length and width. The private access street shall not exceed 750 feet in length as measured from the edge of the right-of-way of the abutting street to the point of connection to the lot. The width of the private access street shall conform to Table 6-1.[1] Any proposed street exceeding the seven-hundred-fifty-foot length shall comply with all normal standards which apply to street construction.

[1] Editor's Note: Table 6-1 is included as an attachment to this chapter.

(3) Further development. If there is a potential for subdivision or development of any of the lots created such that eventually more than one lot and/or dwelling unit might result, the subdivider shall provide additional right-of-way width as necessary to serve the maximum potential number of lots/dwelling units. Cartway and travelway widths may remain the same until such time as additional lots are platted or units proposed, at which time all development and street standards applicable to a major subdivision shall apply. In the alternative, the lots may be restricted from further subdivision by deed restriction and inclusion of the following note on the plan: "Each lot served by the private access street shall be restricted from further subdivision and shall be limited to the development of one dwelling unit."

(4) Street ownership. The private access street shall not under any circumstances be offered to the Township as a public street. A covenant such as follows shall be placed on the final plan and the deed of conveyance clearly assigning responsibility for the maintenance of the private access street and turnaround and establishing its future private ownership status: "The maintenance of the private access street and turnaround shall be the responsibility of the owner(s) of the lots served by the street. The private access street shall remain private and shall not be offered for dedication to the Township as a public street."

(5) Leveling area. A leveling area not exceeding 4% in grade and not less than 40 feet in length shall be provided where the private access street intersects with the right-of-way of the adjoining street.

(6) Stormwater; soil erosion. Stormwater management and soil erosion and sedimentation control shall be addressed in accord with §§ 355-51 and 355-52 of this chapter.

(7) Through street grade. A private access street shall not be permitted to intersect the through street where the tangent grade of the through street at the point of intersection of the center lines of the two streets exceeds 8% for the private access street intersection.

(8) Paving. The private access street shall be paved from the connection with the adjoining street to 50 feet beyond the adjoining street right-of-way. The paving material and cross section shall meet or exceed the specifications for local streets required by this chapter.

I. Intersections.

(1) Center lines. Center lines of streets shall intersect at 90° unless a modification is granted for good cause in accord with § 355-78.

(2) More than two streets. Intersections of more than two streets at one point are not permitted.

(3) Minimum offset. Where streets intersect other streets, the minimum offset or distance between center lines of parallel or approximately parallel streets intersecting a cross street from the same or opposite directions shall be as follows:

(a) Minor, local and private access streets: 200 feet.

(b) Collector streets: 400 feet.

(c) Connector streets: 600 feet.

Unacceptable Road Intersection Design

Acceptable Road Intersection Design

Unacceptable Road Intersection Design

Acceptable Road Intersection Design

Required Center Line Separation

Corner Cutting

Cartway Edge Arc

(4) Cartway edge arc.

(a) The cartway edge at intersections shall be rounded by a tangential arc with a minimum radius of:

[1] Minor, local and private access streets: 40 feet.

[2] Collector streets: 50 feet.

[3] Connector streets: 75 feet.

(b) The right-of-way lines shall be concentric or substantially concentric with the cartway arc.

(c) As an alternative, the inner edge of the pavement may be rounded with an equivalent compound curve or simple curve and tapers, based on AASHTO standards.

(5) Township road improvements.

(a) Where necessary, based on the standards and criteria set forth in the Pennsylvania Code, Title 67, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, the Township will require the developer to improve any Township road which is intersected by a road, access drive and/or driveway that is part of a subdivision and/or land development to the extent necessary to accommodate the anticipated traffic volume generated by the subdivision and/or land development, based on the engineering report and the Township's analysis.

(b) Such improvements may include shoulder upgrading, auxiliary lanes, signs, traffic control devices and/or other improvements which are determined to be necessary to preserve the safety of motorists and pedestrians.

(6) Leveling area. At all street intersections, a leveling area shall be provided in the street of lesser classification. The design of the leveling area shall be as follows:

(a) The maximum grade of the leveling area shall be 4% within 50 feet of the nearest right-of-way line of the intersected street.

(b) The maximum grade of the through street shall be 8% within any intersection.

(c) The maximum change in grade from the cross-slope of the intersected road to the profile of the intersecting road shall not exceed the following amounts, unless a vertical curve designed in accordance with Table 6-1[2] is used:

[1] Local streets: 8%.

[2] Minor streets: 6%.

[3] Collector and connector streets: 3%.

[2] Editor's Note: Table 6-1 is included as an attachment to this chapter.

(7) Traffic signs and signals. Traffic signs and traffic signals shall be required in accord with Subsection Z.

J. Major street frontage. Where a subdivision and/or land development abuts or contains an existing or proposed collector street or Township or state street, the Township may require reverse frontage lots with access from interior subdivision streets or such other treatment to provide protection for abutting properties, reduction in number of intersections with the collector or arterial street, and separation of local and through traffic. See § 355-48D(1)(c).

K. Street cross sections.

(1) Minimum standards. Street right-of-way, travelway and shoulder widths shall be provided to the minimum standards provided in Table 6-1.[3]

[3] Editor's Note: Table 6-1 is included as an attachment to this chapter.

(2) Crown. Street crowns shall be designed and constructed as follows:

(a) Local, marginal access and private access streets and alleys: 2% per foot.

(b) Minor, collector and connector streets: 2% on straight sections, with superelevation provided on curve sections and runoffs in accord with the latest PennDOT design criteria not to exceed the maximum established by Table 6-1.[4]

[4] Editor's Note: Table 6-1 is included as an attachment to this chapter.

(3) Clear zone. All street cross sections shall be designed and constructed to provide a clear zone along both sides in accord with PennDOT standards as set forth in the latest edition of PennDOT Publication 13, Design Manual, Part 2, Highway Design.

(4) Side slope. The maximum side slope in cut or fill areas adjacent to the cartway shall not be steeper than 4:1, in accord with the required clear zone, and shall be seeded and mulched or otherwise stabilized in accord with the soil erosion and sediment control plan.

(5) Cut-and-fill slopes. Fill slopes outside the right-of-way shall not be steeper than 4:1 and cut slopes shall not be steeper than 3:1, except for cuts in rock, which shall not be steeper than 4:1.

(6) Road swales. Road swales within the right-of-way and/or adjacent to road side slopes shall be of triangular cross-section, with side slopes not exceeding a steepness of 4:1, with a minimum depth of 18 inches, and shall not violate the clear zone.

(7) Shoulders. Shoulder surfaces shall be graded at a slope of 3/4 inch per foot away from the pavement edge.

L. Geometric standards.

(1) Horizontal alignment. Horizontal alignment shall be measured along the street center line, except sight distances, which shall be measured along the center line of the appropriate lane. The minimum standards for horizontal alignment shall be as follows:

(a) Horizontal curves shall be used at all changes in direction whenever street lines are deflected more than 2° within 100 feet or more than 0.50° at any point.

(b) Single, long radius curves shall be used in lieu of a series of curves of varying radii or a series of short curves and tangent sections.

(c) Streets shall be designed with the tangents between reverse curves as set forth in Table 6-1.[5]

[5] Editor's Note: Table 6-1 is included as an attachment to this chapter.

(d) Streets shall be designed so that the unobstructed stopping sight distance along the center line of each lane shall be a minimum of that set forth in Table 6-1. Stopping sight distances shall be measured from a point 3.50 feet above the road surface to a point 0.5 foot above the road surface.

(2) Vertical alignment. Vertical alignment shall be measured horizontally along the street center line, except for sight distances, which shall be horizontal distances measured along the lines of sight. The minimum standards for vertical alignment shall be as follows:

(a) The vertical alignment of streets shall be designed and constructed to meet or exceed the minimum standards set forth in Table 6-1.

(b) Vertical curves shall be introduced at all changes of grade exceeding 1% within 100 feet; vertical curve calculations shall be included on the road profile sheets.

(c) The maximum grade across the turnaround in a cul-de-sac street shall not exceed 6%.

(d) The minimum grade of any roadside swale shall be 1%.

(e) Combinations of steep slopes and short curve radii shall be avoided; the sum of the grade in percent and the degree of curve (arc definition) shall not exceed 20.

M. Topography and street grades. The arrangement of streets shall be properly and logically related to the existing topography so as to yield usable lots, to minimize cuts and fills, to minimize the potential for stormwater problems and to minimize grading problems at intersections. Street grades shall be designed as follows:

(1) Center-line grades shall not exceed the grades set forth in Table 6-1.

(2) The maximum grade across the turnaround on a cul-de-sac street shall not exceed 4%.

(3) To provide for adequate drainage, the minimum grade of any street gutter or swale shall not be less than 0.50%.

(4) Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having grades for 4% or less for a distance equal to the pavement width of the intersecting street or 25 feet, whichever is greater, as measured from the nearest right-of-way line of the intersecting street.

N. Sight distance at street intersections.

(1) All intersections.

(a) Proper, safe stopping sight distance shall be provided with respect to both horizontal and vertical alignment at all intersections.

(b) Intersection sight distance shall be measured as illustrated in the intersection sight distance figure with the driver's eye assumed to be at a height of 3.50 feet and top of the vehicle which must be seen at 3.50 feet.

(c) Safe stopping distances at intersections shall be provided in accordance with the minimum standards of the Minimum Sight Distance at Intersections Table.

(2) Clear sight easement. At all intersections, a clear sight easement shall be graphically indicated on all plans and shall be established by restrictive covenant. The clear sight easement shall include the area, outside the street rights-of-way, bounded by the following two triangles:

(a) The triangle formed by the street center lines and the required intersection sight lines.

(b) The triangle formed by the street center lines and a diagonal connecting two points, one on each center line at the following distance from their point of intersections:

[1] If both streets are local or minor streets, 85 feet.

[2] If the street of higher classification is a collector street, 125 feet.

[3] If either street is a connector street, 175 feet.

(c) The clear sight easement shall be cleared, graded and prepared by the developer and then maintained by the owner of the underlying property so that sight obstructions between a height of two feet and 10 feet are removed.

Intersection Sight Distance

Minimum Sight Distances at Intersections
		Collector and Connector Streets (feet)			All Other Streets (feet)
Posted Speed Limit (mph)	Design Speed (mph)	A and B	C	D	A, B, C, and D
25	30	320	310	450	310
30	35	400	360	525	360
35	40	490	420	600	420
40	45	595	480	675	480
45	50	705	570	750	570
50	55	825	660	875	660

O. Access drives and driveways. All proposed access drives and driveways shall conform to the requirements of Chapter 400, Zoning, of the Code of the Township of Coolbaugh, Chapter 350, Streets and Sidewalks, Article I, Road Opening and Occupancy, Chapter 177, Driveways, and the following requirements:

(1) Alignment. The Township may require that an access drive and/or driveway location be directly across from a road, drive, driveway, etc. on the opposite side of the intersected street if it is determined that an offset location may create a safety hazard.

(2) Angle of intersection. Access drives and driveways used for two-way operation shall intersect the street at an angle of 90° or as near thereto as site conditions permit. A two-way driveway shall not intersect the street at an angle less than 75° nor more than 105°.

(3) Access drives and nonresidential driveways.

(a) Access drives and driveways shall be designed and constructed to conform to the requirements for a street of the same function and ADT, except that an appropriate design speed shall be determined by the applicant and accepted by the Township for the determination of sight distances, vertical curve lengths and center-line radii. The minimum travelway width shall be 24 feet.

(b) Where one-way traffic is proposed, the minimum lane width shall be 12 feet. The direction of traffic shall be clearly indicated by signs and/or markings, based on PennDOT standards.

(c) Access drives and driveways do not require a specific right-of-way, unless the access drive is extended to serve other users.

(d) In the case of shared use of an access drive or driveway, appropriate access easements shall be created. The easements and responsibility for maintenance shall be indicated on the final plan and included in the deeds.

(e) Except for common or jointly used drives/driveways, no portion of any access drive and/or nonresidential driveway outside the street right-of-way shall be closer than 20 feet to a property line. Within the street right-of-way, no portion of a driveway shall be located outside the property frontage or the projected property line.

(f) Driveways, drives and other vehicular accessways for nonresidential uses shall have a grade not exceeding 8%.

(4) Residential driveways.

(a) A residential driveway which is shared by more than two dwelling units shall be considered to be a private access street and shall conform to the requirements set forth in Subsection H.

(b) Except for common or jointly used driveways, no portion of any driveway outside the street right-of-way shall be closer than 10 feet to a property line.

(c) Within the street right-of-way, no portion of a driveway shall be located outside the property frontage or the projected property line.

(d) The maximum grade of a driveway, outside of the right-of-way, shall not exceed 15% unless an emergency parking area is provided for at least two cars. Such parking area shall be located outside the street right-of-way and be accessible over grades which do not exceed 10%.

(e) The maximum grade within the street right-of-way shall not exceed 4% and shall not result in a change in grade of more than 8% from the shoulder grade.

(f) All driveways shall be arranged so that it is not necessary for a vehicle to back into a street.

(g) The minimum distance between the center line of a driveway and the nearest intersecting street, road, access drive or nonresidential driveway shall be as follows:

[1] Seventy-five feet along a local street.

[2] One hundred feet along a minor street.

[3] One hundred fifty feet along a collector street.

P. Bridges and stream crossings. Bridges and other stream crossing structures which are part of the road system shall be designed and constructed in accordance with the current Pennsylvania Department of Transportation Standards and Specifications for the proposed load and to pass the fifty-year storm or as otherwise required by the stormwater management plan. Evidence of compliance with any state or federal requirements shall be provided.

Q. Clearing and grubbing. The right-of-way for all roads shall be cleared of vegetation to the full width of the required right-of-way and including any additional area required for road cartways, shoulders, cuts and fills, and associated drainage facilities.

(1) Unsuitable materials. All trees, stumps, roots, and other material deemed unsuitable by the Township for underlying the road improvements shall be removed from the grading area and shall be properly disposed of.

(2) Voids. Voids created by the removal of stumps or roots shall be backfilled and compacted to the satisfaction of the Township.

(3) Rocks. Rocks greater than six inches in diameter shall be removed to a minimum depth of six inches below the finished subgrade.

(4) Inspection/approval. All cleared and grubbed areas shall be inspected and approved by the Township Engineer prior to the subbase installation.

R. Cuts and fills. All cuts and fills shall be constructed as follows:

(1) Maximum earth slope. The maximum slope of any earth embankment or excavation shall not exceed one foot vertical to three feet horizontal unless stabilized by a retaining wall or cribbing, except as approved by the Supervisors for special conditions.

(2) Maximum rock slope. The maximum slope of any rock excavation shall not exceed four feet vertical to one foot horizontal.

(3) Compaction. All embankments shall be compacted to prevent erosion.

(4) Stabilization. Cuts and fills shall be stabilized to prevent surface water from damaging the cut face of excavations of the sloping surfaces of fills.

(5) Lifts. Fills shall be placed in lifts and compacted in accord with specifications of PennDOT Publication 408, latest edition, to minimize sliding or erosion of the soil.

(6) Watercourses or constructed channels. Fills shall not encroach on natural watercourses or constructed channels; and, fills placed adjacent to such natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

(7) Grading. Grading shall be done in a manner so as not to divert water onto the property of another landowner without the written consent of the landowner.

(8) Dust control. During grading operations, necessary measures for dust control shall be exercised.

(9) Water/wetland crossing. Grading equipment shall not be allowed to cross streams, wetlands or other waters of the commonwealth except by PA DEP permit; and, adequate provisions shall be made for the installation of culverts and bridges.

S. Subgrade, base and surface.

(1) Subgrade.

(a) The design and construction of the roadbed shall take into consideration the supporting capacities of the subgrade, with particular attention to those soils which are subject to frost heave.

(b) No forest mat, roots or stones larger than six inches shall be incorporated into the subgrade.

(c) The subgrade shall be compacted to not less than 100% of the determined dry weight (dry mass) density of the material on the site as determined in accord with PTM No. 106, Method B.

(d) Subgrade, parallel and cross-drainage facilities shall be provided when necessary and shall be located, designed and installed to maintain proper drainage.

(e) Unsuitable soils and materials, as identified by the project engineer and confirmed by the Township Engineer, shall be removed and replaced, drained or otherwise stabilized to provide adequate support for the roadbed and anticipated loads. If construction of a roadbed in such locations, and particularly, on soils identified in the Monroe County Soil Survey as subject to frost heave is proposed, the Township shall require such drainage facilities and/or underdrains and subgrade drains as necessary to stabilize the subgrade. The design of such facilities shall be approved by the Township.

(2) Subbase and base course. Subbase and base course aggregate material shall conform in type and be compacted to the depths shown in Table 6-2[6] of this chapter in accordance with the latest specifications of PennDOT (Form 408) and the requirements of the Township.

[6] Editor's Note: Table 6-2 is included as an attachment to this chapter.

(3) Surface course. The bituminous surface course shall conform in type and be compacted to the depths shown in Table 6-2 of this chapter in accordance with the latest specifications of the PennDOT (Form 408) and the requirements of the Township.

(4) Shoulders. Where curbs are not required or provided, shoulders shall be provided and shall be constructed of the material and compacted to the width and depth shown in Table 6-2 of this chapter.

(5) Commercial/industrial areas. Any road serving a commercial or industrial area shall be designed and constructed to collector road standards.

(6) Parking lanes. Where curbs are required and/or provided for collector roads, if a parking lane (between the cartway and the curb) is approved by the Township, it shall be not less than eight feet wide and shall be constructed to the same standards as the cartway. Such parking lane shall be not less than eight feet wide for local roads; and, it shall be constructed of the same material and to the same depth as required for shoulders and be stabilized by the application of bituminous product.

(7) Alternative designs. Alternative road bed designs may be proposed and shall be considered in accord with § 355-78. The alternate design must provide load capabilities equivalent to or higher than the capabilities of the designs set forth above. Alternate designs shall be reviewed on the basis of design recommendations of the Asphalt Institute.

T. Walls, slopes, and guide rails.

(1) Walls, slopes. Where the grade of the road is above or below the grade of the adjacent land, walls or slopes shall be constructed in a manner satisfactory to the Township to support the road or the adjacent land, as the case may be.

(2) Guide rails. Streets shall be designed to preclude or minimize the need for guide rail. Guide rails shall be required where the adjoining embankment has a slope exceeding three feet horizontally to one foot vertically, and the grade of the road is two feet or more above the grade of the adjacent land. However, the Township may require guide rail to be placed for protection on embankments when a barrier is indicated by the most current PennDOT standards and the required guide rail shall be installed in accord with most current PennDOT standards.

U. Curbs, gutters, and swales.

(1) Curbs required. In nonresidential developments, or higher-density residential developments, or where other similar intensive uses exist or are anticipated, curbs shall be required if deemed necessary by the Supervisors for public safety.

(2) Intersections radii. Minimum curb or pavement edge radii at road intersections shall equal that required for the cartway edge.

(3) Existing curbs. Where curbs exist on abutting properties, their extension shall ordinarily be required throughout the proposed subdivision.

(4) Gutters. Where curbs are not required, adequate gutters shall be graded and protected by seeding or appropriate surfacing.

(5) Construction. Curbs shall be constructed in accord with the most current PennDOT RC64M standard for plain concrete curbs and Americans With Disabilities Act standards.

(6) Design. If gutters are provided, they shall be in conformance with good engineering practice and subject to the approval of the Township Engineer. Gutters and/or drainage swales shall be designed to prohibit erosive velocities and paving may be required if runoff velocities exceed 5.0 fps when calculated in accordance with PennDOT Manual, Part 2. Swales shall be triangular or parabolic in design to facilitate maintenance and the invert of the swale shall be below the subbase course to prevent saturation of the roadway. Swales shall be deep enough to accommodate driveway and other culverts.

(7) Velocity calculation. Velocity calculation shall be placed on the center-line profile drawings, or shall be submitted separately.

V. Sidewalks; crosswalks. Sidewalks and road crosswalks may be required where necessary to provide proper pedestrian circulation or to provide access to community facilities and common areas. Sidewalks, where required or provided, shall be located within the road right-of-way immediately adjacent to the curbs, except as may be approved by the Township to accommodate road trees or other landscaping. Sidewalks and road crosswalks shall be constructed in accord with the most current PennDOT RC67M standard and Americans With Disabilities Act standards.

W. Parking on roads. Off-road parking for all uses shall be provided in accord with this chapter; and, roads shall not be designed to accommodate on-road parking except in accord with Subsection S(6).

X. Driveway and cross drainage. At each point where a road is intersected by a driveway that requires surface drainage water to be carried under the driveway at the intersection, a culvert pipe shall be installed across the width of the driveway to meet the drainage requirements determined in accord with § 355-51 of this chapter. Such cross drains as may be necessary shall also be installed under the road in accord with the drainage plan. Pipes shall be installed at such depth and in such manner as dictated by the site with a minimum 0.5% slope for cross drainage. The minimum size of any drainage pipe shall be 18 inches in diameter unless the design engineer can demonstrate a smaller diameter can safely convey the ten-year storm event for private and local roadways and the twenty-five-year storm event for a collector and connector street. In which case, the developer shall obtain approval from the Board of Supervisors and the Township Engineer prior to the installation of the smaller pipe. (See § 355-51 for additional requirements.)

Y. Alleys. Alleys shall not be permitted unless approved for multifamily and conservation design development, where lot sizes are small, in order to improve the subdivision design and lot layout, reduce the number of driveways entering roads, and maintain a pedestrian-scaled community by providing for rear access to lots.

Z. Traffic signs, signals and pavement markings. Traffic signs, traffic signals and pavement markings shall be required when considered necessary by the Supervisors to ensure safe traffic or pedestrian circulation. All traffic signs traffic signals and pavement markings shall meet the most current requirements of PennDOT including the Manual for Uniform Traffic Control Devices. In the case of traffic signals, the developer, any subsequent owner, or any subsequent property owners' association or similar entity shall be responsible for the long-term operation, maintenance, and replacement of the traffic signal and all associated facilities, signs, and pavement markings.

AA. Road striping. All roads constructed or improved as part of any subdivision or land development shall be striped in accord with the most current PennDOT requirements.

§ 355-50 Survey monuments and markers.

Monuments and markers shall be placed so that the center or a scored or marked point shall coincide with the intersection of the lines to be marked and shall be set to an accuracy of 0.03 foot; and shall be certified by the project surveyor.

A. Monuments.

(1) Monuments shall consist of either:

(a) Solid steel rods a minimum of 0.5 inch in diameter and a minimum of 24 inches in length, centered in a cylinder of concrete a minimum of nine inches in diameter and a minimum of 24 inches in depth, poured in place.

(b) Steel pipes a minimum of 3/4 inch in diameter and a minimum of 24 inches in length, centered in a cylinder of concrete a minimum of nine inches in diameter and a minimum of 24 inches in depth, poured in place.

(c) Precast (i.e., manufactured) reinforced concrete monuments measuring a minimum of four inches by four inches by and a minimum of 24 inches in length.

(d) Such other monuments as the Township may approve.

(2) Monuments, including the rod or pipe and the concrete, shall be placed flush with the ground.

(3) Monuments shall not be placed until road grading has been completed.

(4) Monuments shall be set at all outbound locations where permanent monuments did not exist at the time of the perimeter survey unless site conditions preclude the installation and the missing monument shall be noted on the final plan. Existing monuments shall not be removed.

B. Markers.

(1) Markers shall consist of solid steel rods a minimum of 0.5 inch in diameter and 20 inches long.

(2) Such other marker as the Township may approve.

(3) Markers shall be set two inches above the surrounding grade.

(4) Markers shall be set at each existing and proposed lot corner. If it is impossible or impractical to set a survey marker precisely on the corner, then survey markers may be established on the line of the lot and offset a distance from the actual corner. Such distance shall be so noted on the final plan.

(5) A permanent cap shall be attached to the top of each survey marker and shall be labeled with the name and license number of the surveyor responsible for setting the marker.

(6) A wooden stake or other suitable object shall be placed or found near each survey marker as a witness with a notation made on it which identifies the lot by number, letter, or name of landowner.

§ 355-51 Stormwater and drainage control.

A. Purpose.

(1) Generally. The purpose of this section is to ensure consistency with the Pennsylvania Storm Water Management Act,[1] Pennsylvania Stormwater Management Policy, the Stormwater Best Management Practices Manual and associated rules and regulations, and Township stormwater management regulations.[2]

[1] Editor's Note: See 32 P.S. § 680.1 et seq.

[2] Editor's Note: See Ch. 344, Stormwater Management and Earth Disturbance.

(2) Goals. The goals of the Pennsylvania Stormwater Management Policy and this chapter are to:

(a) Minimize the generation of stormwater runoff;

(b) Provide groundwater recharge; and

(c) Minimize the adverse effects of stormwater discharges on water resources.

(3) Best management practices. Best management practices integrate existing planning and regulatory requirements for:

(a) Reducing pollutant loads to streams;

(b) Recharging aquifers;

(c) Maintaining stream base flows;

(d) Preventing stream bank erosion and stream bed scour; and

(e) Protecting the environmental integrity of receiving waters.

B. Plan and stormwater management ordinance compliance. A stormwater drainage and management plan shall be required for all major subdivisions and all land developments and all subdivisions and land developments shall comply with Chapter 344, Stormwater Management and Earth Disturbance.

C. Compliance with state regulations. Stormwater drainage and management shall comply with all Pennsylvania Department of Environmental Protection, PennDOT, and other agency rules and regulations.

§ 355-52 Soil erosion and sedimentation controls.

A. Standards. All soil erosion and sedimentation control plans shall meet the specifications of the Monroe County Conservation District and PA DEP, and shall comply with Commonwealth of Pennsylvania, Title 25, Chapter 102 Department of Environmental Protection regulations for soil erosion and sedimentation control.

B. Condition of approval. Preliminary plan approval shall be conditioned on all required approvals and permits from the Monroe County Conservation District and/or PA DEP.

C. Installation. Erosion and sedimentation controls shall be installed according to the approved plan and shall be maintained by the developer in proper functioning condition until stabilization of the area is completed as determined by the Monroe Conservation District. Failure to install and maintain the controls shall constitute a violation of this chapter.

§ 355-53 Water supply and sewage disposal.

A. Adequate systems. All subdivisions and land developments shall be served by an adequate water supply and sewage disposal system; and the developer shall provide evidence documenting said adequacy.

B. Public Utility Commission. All suppliers of non-municipally owned, centralized water and/or sewer services shall be organized in such a fashion as may be required by the Pennsylvania Public Utility Commission, and the developer shall provide for operation, maintenance and continuity of services in a manner which is acceptable to the Township.

C. Three copies of all correspondence, supporting documentation, applications for permits and certificates for operation submitted to the Pennsylvania Department of Environmental Protection and/or the Pennsylvania Public Utilities Commission for the right to provide such services shall be forwarded to the Township as a part of the public record. One copy of the permit and/or certificate of convenience issued by the Pennsylvania Department of Environmental Protection and/or the Pennsylvania Public Utilities Commission authorizing such services shall be forwarded upon receipt to the Township as a part of the public record.

D. Use of existing system. In the case of utilization of a publicly owned or other existing centralized water supply and/or sewage disposal system, the developer shall submit at the preliminary stage a letter from the operator of such utility indicating the utility owner's willingness to supply service to the development and including a verification of the adequacy of the utility system to serve the proposed development. At the final approval stage an executed agreement with the service supplier shall be submitted.

E. Compliance with other approvals. All required certificates of convenience, approvals and permits shall be obtained by the developer and/or the utility owner as a condition of preliminary approval and shall be submitted with the final plan application.

F. Design. All water supply and sewage disposal systems shall be designed and certified by a Pennsylvania registered professional engineer or other individual otherwise certified for such design work; and all systems shall be designed in accord with all applicable federal, state and local standards.

G. Pressure testing. Pressure testing of all collection/conveyance of any centralized water supply or centralized sewage disposal system lines shall be required as part of the inspections required in accord with Article V of this chapter. All such testing shall be conducted in accord with the procedures specified by the Township Engineer.

H. Sewage facilities plan. All sewage disposal systems shall be consistent with the Township Sewage Facilities Plan.

I. Well setbacks. All wells shall comply with the setback requirements of the Township in any well ordinance or in Chapter 400, Zoning. Proposed well locations shall be shown on the plan to confirm compliance.

J. On-lot water supply. All on-lot water supply systems shall comply with the requirements of Pennsylvania Department of Environmental Protection and/or applicable Township ordinances. The requirement for the installation of on-lot wells shall be noted on the development plan and shall be required by restrictive covenant to be approved by the Township prior to preliminary plan approval.

K. Shared water supply.

(1) Shared water supply systems shall only be permitted to serve two dwelling units or a nonresidential land development and the standards in this Subsection K shall apply. In the case of nonresidential land developments, the Township may, based on the nature and scale of development, apply any or all of the standards contained in Subsection L of this section.

(a) Well capacity. The capacity of the well shall be certified by a licensed well driller to be adequate for the use proposed.

(b) Water distribution system.

[1] The system design shall follow good engineering practice and the requirements of the Pennsylvania Department of Environmental Protection. The distribution system shall be designed and sized to provide the design flows at a minimum pressure of 25 pounds per square inch at curb stops.

[2] Pipe classes shall be consistent with design pressures.

[3] Before being placed into service, the system must be tested and disinfected by procedures established by Department of Environmental Protection.

[4] Service connections shall be a minimum of 3/4 inch diameter.

(2) Other standards. All shared water supply systems shall comply with the requirements of Pennsylvania Department of Environmental Protection and/or applicable Township ordinances.

L. Centralized water supply.

(1) Project supply. If an approved public water supply is not accessible and water is to be furnished on a project basis, the applicant shall, upon submission of the subdivision or land development plan, submit written evidence that he has complied with all Township and state regulations, and that the proposed system to be installed meets the requirements of the PA PUC, PA DEP, and any other applicable regulations.

(2) (Reserved)

(3) Deep well source.

(a) Wells shall be sited, drilled and tested under the direct supervisor of a registered professional engineer, professional geologist and/or a professional hydrogeologist.

(b) Wells shall be located away from potential source of pollution on a reserved area of not less than 2,500 square feet in size.

(c) The capacity of the well(s), as certified by a professional engineer, shall be sufficient to produce at least 110 gallons per capita per day and/or 400 gallons per day for each residential dwelling unit to be served. Adequate capacity of any well(s) to service industrial or commercial establishments shall be documented by the applicant to the satisfaction of the Township and the Township Engineer.

(d) Wells shall be pump-tested utilizing a controlled step-drawdown test to establish the specific capacity of each well and to establish a long-term pumping rate. The well shall be pumped at the above determined long-term pumping rate for a sufficient period of time for stabilization to occur and the recovery noted. In no case shall a pumping rate greater than the recharge rate be allowed.

(e) Well construction shall be consistent with generally accepted practice and the guidelines of the Pennsylvania Department of Environmental Protection.

(f) Documentation of the effect of the projected areawide drawdown of the water table may be required by the Township if the anticipated pumping of groundwater warrants such documentation.

(4) Water distribution system.

(a) The system design shall follow good engineering practice and the requirements of the PA DEP and/or the Public Utilities Commission. The distribution system shall be designed and sized to provide the design flows at a minimum pressure of 25 pounds per square inch at curb stops.

(b) Pipe classes shall be consistent with design pressures.

(c) Before being placed into service, the system must be tested and disinfected by procedures established by Department of Environmental Protection.

(d) The proposed utility shall provide for adequate flow of water for the subdivision supplied, by interconnecting two or more wells or by providing storage for a minimum of one day's demand.

(e) Service connections shall be a minimum of 3/4 inch diameter.

(5) Flow rates. Distribution systems serving commercial or industrial developments shall provide for a minimum flow rate of at least 2.5 times the projected average daily flow rate or a minimum flow rate in accordance with the standards of the National Fire Underwriters Association, whichever is greater.

(6) Water resources impact study. A water resources impact study shall be required for all residential developments involving 12 or more lots and any nonresidential development proposing to withdraw 4,000 or more gallons of water per day over a thirty-day period.

(a) Purpose. These regulations are to ensure that expansion of production from existing wells or development of new wells in the Township are able to provide a reliable, safe, and adequate supply of water to support the intended use within the capacity of available groundwater resources, and to estimate any impacts of the additional water withdrawals on existing nearby wells, underlying aquifers, wetlands and watercourses.

(b) Pumping test and water quality analysis. All elements of the pumping test well and water quality analysis shall be completed prior to submission of the water resource impact study. A well construction permit is required for the pumping test well(s) and monitoring well(s) for preparation of the water resource impact study.

(c) Professional preparation. The water resource impact study shall be prepared by a professional geologist and/or professional engineer, licensed in the commonwealth, experienced in the performance of groundwater investigations for water supply wells.

(d) Certification. The water resource impact study shall be signed and sealed by the person(s) preparing the study and shall include the following information, with respect to the proposed subdivision and/or land development:

[1] Calculations. Calculations of the projected water demand, including both average and peak daily consumption, using the applicable criteria set forth in the following references:

[a] The adequacy of each residential water supply shall be determined based upon a peak water demand considered to be that specified for sewage system flows as stated in PA DEP Title 25, § 73.31.

[b] The adequacy of nonresidential water supplies shall be determined based upon the minimum water requirements published in Table IV-1.2 of Part IV of the current edition of the PA DEP Public Water Supply Manual. For nonresidential facilities other than those found in Table IV-1.2, the adequacy of nonresidential supplies shall be based upon the flow assumptions published in PA Title 25, Chapter 73, Standards for Sewage Disposal Facilities, Section 73.17(b), or shall be based on actual water meter or sewage meter flow data for facilities of similar type and size. The applicant shall substantiate any meter flow data used to determine the adequacy of nonresidential supplies by submitting copies of water and/or sewer bills for the similar facilities.

[c] Guide for Determination of Required Fire Flow by the Insurance Services Office (ISO), as amended.

[d] Standards and Manuals for the American Water Works Association, as amended.

[e] In addition to the above, the projected water demand shall include any additional flow required to comply with National Fire Protection Association specifications for sprinkler systems.

[2] Area maps. A topographic and geologic map of the area within a one-mile radius of the site.

[3] Regional map information. The following information shall be provided on a regional topographic map for the area within one-half-mile radius of all proposed wells. If any existing wells withdrawing over 10,000 gpd are located within one mile of the site, the mapping radius shall be extended to one mile. Said map shall be up-to-date by using recent aerial photographs and/or a driving survey.

[a] The location of all existing and proposed wells; including the test well(s) and monitoring wells.

[b] The location of all existing and proposed on-lot sewage disposal systems as well as all sewage treatment system surface water discharges.

[c] The location of facilities storing or handling residual or hazardous wastes and substances, or petroleum products.

[d] The location of all perennial and intermittent watercourses.

[4] Site plan. A site plan shall be provided, showing existing and proposed lot lines. The following features shall be presented on an up-to-date plan for the site and area within 300 feet beyond the site perimeter.

[a] Flagged wetland boundaries.

[b] All springs, seeps and ephemeral pools.

[c] All watercourses with a statement as to whether they are perennial or intermittent.

[d] Existing and proposed wells.

[e] Existing and proposed septic systems.

[f] Test well(s) and monitoring wells.

[g] Topography.

[h] Piezometer wells, if applicable.

[5] Pumping test wells. The number of Test wells is dependent upon the number of proposed dwelling units.

[a] One pumping test well shall represent spatially, and by supply, groups of 25 or less dwelling units. Thus, a pumping test well is required for increments of 25 or less proposed dwelling units, and shall be located in the approximate center of the cluster of units and shall be pumped at a rate that must exceed 150% of the anticipated peak water demands of those units. The test wells may be located so as to later be used as individual residential wells. Pumping of the test wells shall occur on separate weeks so as to avoid interaction.

[b] For nonresidential developments, the test well shall be the supply well anticipated for use by the facility. A backup well is highly recommended and should be tested on a separate week than the primary well.

[6] Monitoring wells.

[a] At least six monitoring wells shall be employed for each pumping test. Monitoring wells shall be evenly spaced radially around the test well so as to represent the region. Wells shall be evenly distanced from the test well so as to experience background in addition to interaction conditions. At least one well shall be no more than 500 feet from the test well. If such a well is not available, a monitoring well can be drilled on the site to serve that purpose. The monitoring well should be drilled in a location and constructed in a location, depth and yield so as to later be used as a house well. Information regarding monitoring well casing depth, total depth and water producing zones shall be provided in the final report.

[b] The applicant shall secure written permission from the property owner for any off-site well to be used for monitoring, that grants the Township permission for a period not to exceed 18 months after completion of the project, to obtain water level measurements and samples of the water for laboratory analysis as required to verify compliance with this chapter.

[c] Water levels in the monitoring wells shall be made at sufficient frequency during the test so as to allow for a clear understanding of the static water level trend throughout the pumping test. At least one week prior to the pumping of the test well, the monitoring wells shall be measured on a least four separate days. During the pumping test, monitoring wells shall be measured at no less than two-hour intervals during daylight periods. It is highly recommended that either nighttime measurements be made or automated water-level-logging devices be employed to improve well-level data for those wells that are in use. Insufficient or poor quality data may negate the test results. At least four days of post-well-water-level measurements shall be recorded over a period of a week.

[d] Ground elevation adjacent to the well(s) in addition to the static water level shall be based on USGS vertical datum.

[7] Testing locations and details. Prior to drilling and/or testing, the Township Engineer shall be provided with the Pennsylvania State Plane coordinates for the Monitoring and Test Well locations and a map of said locations of the test well(s) and monitoring wells. Prior to drilling and/or testing, the Township Engineer shall be provided with the anticipated pumping test rate and monitoring frequency program, which shall be subject to approval by the Township Engineer prior to the test. Dates of drilling and testing shall be made available to the Township Engineer so that they may witness field operations as necessary.

[8] Geologic log. An accurate geologic log should be maintained during drilling of the pumping test well(s) and monitoring well(s) if applicable, to provide a detailed description of the type and thickness of rocks and overburden encountered. Additionally, the log shall contain information on the depth of all water-bearing zones encountered and the yield from each zone. The total yield from the well shall be measured using a quantitative method. Samples shall be collected every 20 feet during drilling, or at each change in rock type, whichever occurs first.

[9] Pumping tests. Forty-eight-hour pumping test(s) shall be conducted on the pumping test well(s) at a rate not less than 150% of the combined projected peak daily water demand for the proposed need for which the well represents. The test shall include the monitoring of background water levels in all wells for a period not less than one week prior to start of pumping and one week after pumping. The pumping test shall be conducted during a period when there is no measurable precipitation for at least 48 hours prior to pumping and throughout the test. If precipitation is encountered during this period, the data shall be evaluated using an acceptable method to account for the effects of any recharge upon water levels in the wells, and upon all calculations at a constant pumping test data. Significant recharge during the test may cause the results to be considered invalid. The pumping test shall be followed by a recovery test, with monitoring of water levels in the test well being conducted until at least 95% recovery of drawdown is observed in the test well, or until 48 hours after termination of pumping, whichever is first.

[10] Pumping rate. The pumping test shall be conducted at a constant pumping rate that shall not deviate greater than +/-5% during the test. The rate of flow shall be monitored by a water meter that tallies total flow volumes as well as reveals pumping rate. The rate of flow from the meter shall be verified periodically through the test with manual bucket and stopwatch measurements and such confirmation measurements recorded and reported.

[11] Pumping test discharge. The pumping test discharge shall be directed away from and downslope of the test well so as not to significantly influence draw down in the test well and monitoring wells. The means of conveyance and point of discharge shall be approved by the Township Engineer, and shall be at least 100 feet distant.

[12] Required data. The report shall include precipitation data, static water level immediately prior to yield testing, hydrograph of depth to water surface during test pumping and recovery period of the test well, graphs of depth to water surface at monitoring wells during the test pumping period, typed and raw field notes showing original observations, water levels and flow readings, and the time readings were taken.

[13] Water quality. Water quality samples shall be obtained from the test well at termination of the pumping testing to demonstrate that drinking water quality conforms to this section.

[a] All samples shall be collected, transported and analyzed in accordance with United States EPA and PA DEP protocol for drinking water. Sample testing shall be performed by a laboratory certified by the commonwealth to perform drinking water analysis. Laboratory reports shall contain sufficient quality assurance and quality control data to explain any analysis and reporting conditions or deficiencies. Water quality must comply with currently published United States EPA National Primary and Secondary Drinking Water Standards and Health Advisories.

[b] Water quality testing shall include, at a minimum, the following parameters: total and fecal coliform, nitrate/nitrite, pH, iron, manganese, sulfate, lead, chloride, hardness, turbidity, odor, total dissolved solids, surfactants (detergents), volatile organic compounds - Group 1 (VOC1) + 10 unknowns, MTBE, herbicides - Group 1 (HI) and pesticides - Group 3 (P3). A library search for tentatively identified compounds (TICs). Additional analysis shall be required if TICs are discovered. Group 1 (VOC1), etc. refers to PA DEP categories of contaminants.

[c] The applicant shall perform a survey to identify and evaluate potential sources of contamination that may impact water quality in the proposed well(s), and shall perform additional sampling and analysis as may be required to assure water quality is satisfactory for the protection of human health and the environment.

[d] A well that does not meet the above standards shall be required to meet them through adequate treatment facilities. Installation and annual maintenance cost estimates to adequately treat the water shall be provided in the report.

[e] The laboratory report shall be include and shall contain the name, license number and address of the state drinking water certified laboratory.

[14] Aquifer capacity. Documentation shall be provided to support the requirement that the aquifer beneath the site has the capacity to provide wells of sufficient yield to meet the needs of the proposed development. For residential dwelling units, minimum well yield shall be three gallons per minute with sufficient depth below water table to allow for storage of at least one day of peak water use within the borehole. Supportive evidence shall consist of wells drilled on-site, neighboring well information, and data available for wells within 1/2 mile of the site using the Pennsylvania Groundwater Information System (PA GWIS).

[15] Hydrologic budget. A hydrologic budget shall be calculated, on an annual basis, for the site based upon the drought recharge capacity of the underlying aquifer and the projected peak water demand of the proposed well(s). The budget shall use groundwater recharge values from published references and a drought of at least one-in-ten-year severity. The recharge area for the budget shall consist only of the proposed development project, less impervious surface unless infiltration system considerations are made. If on-site septic systems are proposed, sand mounds, subsurface and at-grade systems may allow for contribution of 90% return of water to the aquifer system. Aquifer contribution from spray, drip and stream discharge shall be determined on a case-by-case basis. A determination shall be made on whether or not the potential exists for adverse effects on hydrogeology of the project vicinity, including adjacent wells, springs, surface water and wetlands, based upon the results of the hydrologic budget.

[16] On-lot sewage system effects. A narrative describing the design of all on-lot sewage disposal systems and their effect upon groundwater recharge and quality with respect to all proposed and existing water supplies. A nitrate study shall be performed following PA DEP mass balance policy guidelines which include average year recharge from the development site alone less impervious surface, sewer system design flow rates and a 45 mg/l effluent. Available existing groundwater quality nitrate data shall be obtained from test well(s), adjacent supply wells and springs to include as background nitrate levels. Total nitrate levels shall not be allowed to exceed the 10 mg/l drinking water limit.

[17] Effects on waters of the commonwealth. If wetlands, seeps, springs, ephemeral pools and/or streams exist on or within 300 feet of the proposed and existing wells boundary, the report shall address the potential to affect these features as a result of drilling and pumping of the proposed supply wells. Circumstantial evidence to support conclusions regarding this issue shall be considered limited in value. Thus, direct monitoring of water levels and direct measurement of flows during pumping tests shall be required when said surface water features are deemed at potential risk. If staff gauges are used, measured stream and seep flow rates must be provided to quantify flows at various gauge levels. Analysis shall include evaluation of the potential effect from proposed underground utility lines that may penetrate the shallow groundwater system.

[18] Qualifications. The report shall include a brief statement of the qualifications of the person(s) preparing the study.

M. On-lot sewage disposal.

(1) Standards. All on-site sewage disposal systems shall comply with the applicable PA DEP standards, the Township Sewage Facilities Ordinance,[1] and all other applicable standards.

[1] Editor's Note: See Ch. 316, Sewers and Sewage Disposal.

(2) Site suitability.

(a) All residential lots in developments proposing the use of on-site sewage disposal shall contain a primary and a replacement sewage absorption area as tested by the Township SEO in accord with DEP requirements. Such areas for sewage absorption must be determined to be suitable by appropriate testing. Such areas shall be shown on the preliminary plan and final plan. All sewage disposal areas shall remain undisturbed and this shall be assured via a covenant placed on the plan.

(b) Prior to any action on the preliminary plan by the Township, the applicant must document that all lots in subdivisions proposing sewage disposal contain a suitable primary area and replacement area as tested by the Township SEO in accord with DEP requirements and this Subsection M, or are already served by an adequate, existing sewage disposal system.

(c) Should the applicant propose the use of individual systems which do not require soil testing, documentation shall be provided that the affected lots are suitable for the proposed system. In addition, a note shall be placed on the preliminary plan and final plan detailing the type of system(s) proposed and stating that the affected lots have not been tested for a soil-based system.

(3) Conservation design subdivisions. In the case of conservation design subdivisions, the primary and reserved sewage disposal areas may be located on common land, provided the necessary easements for construction and maintenance of such systems are provided.

N. Centralized sewage disposal system. In addition to the following standards, the Township Sewage Facilities Ordinance shall govern all centralized sewage disposal facilities, as defined by said ordinance.

(1) Available sewage disposal. If a centralized sewage disposal system is proposed and an existing public sewage disposal system or an existing private sewage disposal system identified as a regional system by the Township Sewage Facilities Plan, said development shall connect to such system in accord with the requirements of the Township Sewage Facilities Plan, the system owner, the PA PUC and the PA DEP.

(2) Project system. If an approved sewage disposal system is not accessible and sewage disposal is to be furnished on a project basis, the applicant shall, upon submission of the subdivision or land development plan, submit written evidence that he has complied with all Township, county, and state regulations, and that the proposed system to be installed meets the requirements of the Pennsylvania Department of Environmental Protection and any other applicable regulations.

(a) All centralized sewage disposal systems shall be consistent with the sewage feasibility studies and plans of the Township.

(b) All sewage collection and treatment facilities shall be designed and constructed in accordance with regulations and requirements of PA DEP and applicable Township ordinances.

(c) All centralized sewage disposal systems shall be designed and constructed to provide adequate capacity for the ultimate flow of the subject development.

(d) All centralized sewage disposal systems using subsurface or land application of sewage effluent shall be designed and constructed in accord with applicable PA DEP standards; and, a suitable replacement area for the effluent disposal area shall be provided.

§ 355-54 Off-street parking and loading.

All subdivisions and land developments shall be provided with parking and loading areas adequate to meet the needs of the use in accord with this section. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of § 400-19 and violations shall be subject to the enforcement provisions of Chapter 400, Zoning.

A. Availability and use of facilities.

(1) Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

(2) Location of parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in Subsection K or L.

(3) Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.

(4) Non-parking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

(5) Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

(6) Garages and carports. Garages and carports not in the public right-of-way may be considered parking spaces.

B. Site plan; design.

(1) Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

(2) General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

(3) Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

(4) Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Township. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended and stalls shall be a minimum of 10 feet by 20 feet with aisles of not less than 24 feet unless designed as required above.

C. Lighting. In addition to the other applicable standards in this chapter, all lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.

D. Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.

E. (Reserved)[1]

[1] Editor's Note: Former Subsection E, Parking between principal structure and road, was repealed 7-5-2023 by Ord. No. 151-2023.

F. Number of vehicle parking and stacking spaces to be provided. The number of parking and stacking spaces required by this § 355-54F shall be considered the minimum requirements unless modified in accordance with this § 355-54F.

[Amended 7-5-2023 by Ord. No. 151-2023]

(1) Parking and vehicle stacking spaces required for nonresidential uses.

(a) Refer to Table of Required Parking and Stacking Spaces (355 Attachment 3).

(b) Table of Required Parking and Stacking Spaces. The minimum number of off-street parking spaces and vehicle stacking spaces shall be provided and maintained in accordance with the Table of Required Parking and Stacking Spaces included as Attachment 3 in this Chapter 355.

(c) Land uses not listed in the Table of Required Parking and Stacking Spaces. If the proposed use is not included in the Table of Required Parking and Stacking Spaces, the minimum number of required parking and stacking spaces shall be based on the most similar use included in the Table, as approved by the Board of Supervisors. If the Board determines that none of the uses included in the Table is of sufficiently similar character to the proposed use, the Board of Supervisors shall use information provided by the applicant, the Township Engineer and the Zoning Officer to make the determination of the required minimum number of parking and stacking spaces.

(2) Parking required for residential uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit except as follows:

(a) Single-family dwellings: three per dwelling unit.

(b) Two-family dwellings and multifamily dwellings: two per dwelling unit.

(c) Multifamily senior citizen and other senior citizen housing: one per dwelling unit.

(d) Assisted-living facilities: 0.5 per dwelling unit.

(3) Applicant-proposed reduction. The required number of parking and/or stacking spaces may be reduced subject to approval by the Board of Supervisors. The applicant shall provide evidence justifying the proposed reduction of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease shall be subject to the following:

(a) Ordinance and plan consistency. The project design and parking and/or stacking space decrease shall be consistent with the purposes contained in this chapter and the goals and objectives of the Township Comprehensive Plan.

(b) Quality of design. The applicant shall demonstrate to the Board of Supervisors that the proposed decrease will result in an adequate number of parking and stacking spaces based on a specific study of the parking and stacking demands for the proposed use or empirical data reported by a generally accepted source such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.

(c) Local conditions. In making its determination, the Board of Supervisors shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer-instituted transportation demand management programs.

(d) Burden; conditions. If the Board of Supervisors, in its sole discretion, determines that the applicant has met the burden of proof, it may grant approval for the decrease. The Board of Supervisors may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter, including, but not limited to, requiring area reserved for additional future parking.

(4) Form of reservation. Each parking reservation shall be in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Township determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Township before any approval of the project.

(5) Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped, but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of a NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.

(6) Multiple uses. (See also Subsection L.) For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

(7) Handicapped parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act and shall count as part of the spaces required for the use by this section.

(8) Stacking lanes for drive-through facilities. All uses and facilities providing drive-through services shall provide stacking lanes and stacking spaces in compliance with the standards of this section.

(a) Required stacking spaces. Each service window, lane or point shall have the minimum number of stacking spaces provided for in Attachment 3 of this chapter, Table of Required Parking and Stacking Spaces. All uses shall have at least one space in each lane after the last island, window, bay or other service point, but shall have more if required by Attachment 3 of this chapter.

(b) Stacking space dimensions. Each stacking space shall be a minimum of 20 feet long and 10 feet wide on straight segments, and minimum 12 feet wide on curved segments with a minimum 25 feet centerline radius.

(c) Stacking lane design.

[1] Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping, or use of alternative paving materials.

[2] Entrances and exits of stacking lanes shall be clearly marked with directional signs.

[3] Stacking lanes shall be designed to prevent circulation congestion both within the site, and on adjacent public streets. The circulation shall:

[a] Separate drive-through traffic from other on-site circulation;

[b] Not impede or impair access to or out of parking stalls;

[c] Not impede or impair vehicle or pedestrian traffic movement;

[d] Minimize conflict between pedestrian and vehicle traffic with physical and visual separation;

[e] Not interfere with required loading/unloading and trash storage areas.

(d) Stacking space location.

[1] No stacking space shall be located closer than 50 feet from any lot in a residential zone.

[2] A solid wall or fence shall be placed along the property line of any abutting lot zoned for residential use so as to block lights from vehicles in the stacking lanes.

(e) Order-placing facilities.

[1] Outdoor facilities such as menu boards, speakers, windows, dispensers, etc., shall be a minimum of 50 feet from any residential zone.

[2] Menu boards shall be a maximum of 30 square feet, and shall be designed, placed and shielded so as to not cast glare on public streets or adjacent properties. The term "menu board" is not limited to food, but may be any listing of products, services, etc., from which the customer makes a choice or which provides product information.

[3] Outdoor speakers must comply with the noise restrictions of the Coolbaugh Township Code of Ordinances at § 262-6.

(9) Administrative adjustment to parking or stacking lane capacity, or compact parking limitation.

(a) The Township Zoning Officer shall have the authority set forth in § 400-19F(9) of the Zoning Ordinance to reduce the parking capacity requirements of § 355-54F(1) and Attachment 3 of this Chapter by not more than 10% upon presentation of empirical evidence acceptable to the Zoning Officer that a particular use of property will generate different parking demands than other similar uses, and subject to the approval of the Board of Supervisors if associated with a pending subdivision and/or land development plan application. Such § 400-19F(9) of the Zoning Ordinance shall control when the Zoning Officer exercises such authority, and any such parking reduction shall be subject to the review and approval of the Board of Supervisors if associated with a pending subdivision and/or land development plan application.

(b) A reduction in parking allowed by this section may not be in addition to parking reductions allowed by § 355-54F(3) or uses which require submission of a specific parking demand analysis unless supported by a professional parking study that justifies the entire reduction and approved by the Board of Supervisors.

G. Loading and unloading areas.

(1) Type and size. In addition to the required off-street parking spaces all uses shall provide adequate off-street areas for loading and unloading of vehicles where necessary. The applicant shall provide details on the type and frequency of vehicles operating in connection with the proposed use to justify any necessary loading and unloading areas. Each required space shall meet the following dimensions:

Largest Type of Truck Service	Minimum Width (feet)	Minimum Length (feet)
Tractor trailer	14	74 with 14 clear height
Trucks other than tractor trailers, pickups or vans	12	30
Pickup truck or van	10	20

(2) Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

H. Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

(1) Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/access way onto a public street at the right-of-way shall be as follows:

Width*	1-Way Use (feet)	2-Way Use (feet)
Minimum	12	24
Maximum	20	50

NOTES:
*	Exclusive of the turning radius

(2) Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

(3) Highway occupancy permit. All new uses shall be required to obtain a highway occupancy permit from the Township or PennDOT, as the case may be. In the case of a change in use or the expansion of an existing use, the Township shall require the applicant to obtain a highway occupancy permit or a revised highway occupancy permit. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.

I. Parking and loading area setbacks.

(1) Roads and property lines. All parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way or adjoining property lines by a landscaped buffer area not less than 10 feet wide unless a wider buffer is required by another ordinance provision or adjoining uses share parking in accord with Subsection L.

(a) Measurement. The width of the buffer shall be measured from property lines and from the curbline or from the legal right-of-way line after development if no curbs will be provided.

(b) Uses prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

[1] Paving except for approved driveway/accessway crossings.

[2] Fences unless integral to landscaping.

[3] Parking, storage or display of vehicles.

[4] Items for sale or rent.

(c) Uses permitted. The buffer area may include the following:

[1] Permitted freestanding signs.

[2] Pervious stormwater facilities.

[3] Approved driveway/access way crossings.

(d) Sidewalks. Sidewalks, existing or proposed, may be included in the buffer area.

(2) Buildings. Parking spaces serving principal nonresidential buildings and multifamily dwellings shall be located a minimum of 10 feet from any building wall, unless a larger distance is required by another ordinance provision. This distance does not apply at vehicle entrances into or under a building.

J. Grading and drainage; paving.

(1) Grading and drainage. Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.

(2) Paving. In cases where 10 or more parking spaces are required, all portions of required parking, loading facilities and accessways, except for landscaped areas, shall be surfaced with a durable, hard, all-weather surface consisting of a minimum of 2 1/2 inches of ID-2 bituminous pavement on a base course consisting of eight inches of crushed aggregate or, as deemed to be equivalent by the Board of Supervisors, of concrete, paving block or porous pavement or pavers on a suitable base.

(3) Low or seasonal usage. The Board of Supervisors may, as a conditional use, allow parking areas with low or seasonal usage to be maintained in stone, grass or other suitable surfaces. For example, the Board of Supervisors may allow parking spaces to be grass, while major aisles are covered by stone.

K. Off-lot parking. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 400 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

L. Joint use parking. In the case of multiple use on the same premises or where more than one principal uses share a common property line, shared parking facilities may be approved by the Board of Supervisors.

(1) Documentation. The applicant shall provide information to establish that the shared spaces will be used at different times of the day, week, month, and/or year.

(2) Reduction. Parking provided may be credited to both uses based on the extent that the uses operate at different times. However, the required parking shall not be reduced by more than 50% of the combined parking required for each use. (Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)

(3) Agreement. Joint-use parking shall be secured in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to maintain the parking. An attested copy of the agreement between the owners of record shall be provided to the Township. Proof of recording of the agreement shall also be provided to the Township before the issuance of any approval of the project.

(4) Common property line. The joint-use parking area may span a common property line thereby eliminating the setback required in Subsection I.

M. Shopping carts. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts. Storage areas shall be clearly marked and designed for the storage of shopping carts and/or mobile baskets. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts. Storage areas shall be clearly marked and designed for the storage of shopping carts and/or mobile baskets.

N. Snow storage and removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow storage and removal.

§ 355-55 Utilities.

All utility lines required to service the subdivision shall be planned in cooperation with the respective utility companies. A letter shall accompany the subdivision or land development plan stating that the utility plan has been reviewed by the applicable utility company, such plan is approved, and service will be available. All cables, wires, conduits, pipes, and lines servicing the development shall be subject to the requirements set forth in this chapter.

§ 355-56 Sidewalks.

See § 355-49V.

§ 355-57 Landscape requirements; trees and vegetation.

[Amended 12-15-2020 by Ord. No. 144-2020]

A landscaping plan for the proposed project shall be submitted by the developer for review and approval by the Township for all land developments and major subdivisions. Landscaping shall be considered an improvement for the purposes of regulation by this chapter.

A. Plan preparation. Where the project requires an NPDES permit, the plan shall be prepared by a registered landscape architect or another person deemed qualified by the Township.

B. Plan contents. All disturbed areas of the site shall be included in the landscaping plan, and those areas immediately adjacent to buildings, walkways and streets shall be given extra consideration. The landscaping plan shall include:

(1) Areas of the site which will not be disturbed and the type of existing vegetation to be preserved. (See also § 355-47 for protection of existing vegetation.)

(2) The overall design of the landscaping proposed, including buffers and screening required by Chapter 400 (Zoning) at § 400-49B.

(3) The type and size of vegetation proposed at planting and time of maturity.

(4) The location, dimensions, and spacing of plantings.

(5) The details of installation.

C. List of acceptable plants. All plants used for landscaping and vegetative cover shall be selected from the List of Acceptable Plants included in the appendix.[1] The list is intended to offer a broad selection of plants suitable for the various required landscapes required by this chapter. Native plants are indicated for use in natural or naturalized settings. Plants not found on the list may be substituted, provided that the Township determines that the requirements of this § 355-57 are satisfied and the plants are suitable for the proposed purpose and location.

[1] Editor's Note: The List of Acceptable Plants is included as an attachment to this chapter.

D. Materials specifications, maintenance, and guarantee. The following standards shall apply to all plants or trees as required under this chapter:

(1) General requirements.

(a) The location, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, considering the sizes of such plantings at maturity and present and future environmental requirements, such as wind, soil, moisture, and sunlight.

(b) Plants shall be selected and located where they will not contribute to conditions hazardous to public safety. Such locations include, but are not limited to, public street rights-of-way, underground and aboveground utilities, and sight triangle areas required for unobstructed views at street intersections.

(c) Plastic or other artificial materials shall not be used in place of plants.

(2) Plant specifications.

(a) All plants shall meet the minimum standards for health, form, and root condition as outlined in the latest edition of the American Association of Nurserymen (AAN) Standards.

(b) All plants shall be selected for hardiness and shall be suitable for planting in the United States Department of Agriculture Hardiness Zone applicable to the Township, and to the specific localized microclimate and microenvironment of the planting site.

(c) Canopy trees, sometimes called "shade trees," shall reach a minimum height or spread of 30 feet at maturity as determined by the AAN Standards and shall be deciduous. New trees shall have a minimum caliper of 2 1/2 inches at the time of planting.

(d) Ornamental/flowering trees or large shrubs shall reach a typical minimum height of 15 feet at maturity, based on AAN Standards. Trees and shrubs may be deciduous or evergreen and shall have a distinctive ornamental character such as showy flowers, fruit, habit, foliage, or bark. New ornamental/flowering trees shall have a minimum height of six feet or 1 1/2 inch caliper. New large shrubs shall have a minimum height of four feet to six feet at the time of planting.

(e) Small shrubs may be evergreen or deciduous and shall have a minimum height at maturity of four feet based on AAN Standards. New evergreen shrubs shall have a minimum height of 24 inches at the time of planting, and new deciduous shrubs shall have a minimum height of 30 inches at the time of planting.

(f) Evergreen trees shall reach a typical minimum height of 20 feet at maturity based on AAN Standards for that species and shall remain evergreen throughout the year. New evergreens shall have a minimum height at planting of six feet to seven feet.

(3) Maintenance.

(a) Required plants shall be maintained in a healthy, vigorous condition and be kept free of refuse and debris for the life of the project to achieve the required visual effect of the buffer or screen. It shall be the ultimate responsibility of successive property owners to ensure that the required plants are properly maintained. Dead or diseased plants shall be removed or treated promptly by the property owner and replaced at the next growing season.

(b) All sight triangles shall remain clear; and any plants that could endanger safety, such as unstable limbs, shall be removed, and the plants replaced if necessary. It shall be the responsibility of the property owner to maintain all plants and architectural elements to assure public safety.

(c) Maintenance guidelines for the plants are encouraged to be published by the planting plan designer and be used by grounds maintenance personnel to ensure that the design's buffering and screening concepts are continued.

(4) Landscape replacement; performance guarantee.

(a) Any tree or shrub that dies within 18 months of planting shall be replaced by the current landowner or developer. Any tree or shrub that within 18 months of planting or replanting is deemed, in the opinion of the Township, not to have survived or not to have grown in a manner characteristic of its type shall be replaced. Substitutions for certain species of plants may be made only when approved by the Township.

(b) Landscaping shall be considered an improvement for the purposes of installation and the provision of a performance guarantee in accordance with this chapter. In addition, the developer or landowner shall provide to the Township a performance guarantee equal to the amount necessary to cover the cost of purchasing, planting, maintaining, and replacing all vegetative materials for a period of 18 months following the installation and approval of the landscaping.

E. Street trees.

(1) Street trees required. Street trees shall be required:

(a) Along all existing streets abutting or within the proposed subdivision or land development.

(b) Along all proposed streets.

(c) Along access driveways that serve five or more residential dwelling units.

(d) Along access driveways that serve nonresidential properties.

(2) Waiver for existing vegetation. The street tree requirement may be waived by the Township where existing vegetation is considered enough to provide effective screening and to maintain scenic views of open space, natural features, or other valued features.

(3) Standards. Street trees shall be located between the ultimate right-of-way line and the building setback line and shall meet the following standards:

(a) Trees shall be planted a minimum distance of five feet and a maximum distance of 15 feet outside the ultimate right-of-way line. However, in certain cases, as follows, the Township may permit trees to be planted within the ultimate right-of-way:

[1] In areas such as existing neighborhoods, where front yards may be located within the ultimate right-of-way.

[2] In cases where closely spaced rows of street trees may be desirable and future street widening is considered unlikely.

(b) In nonresidential developments, trees shall be located within a planting bed within the front yard setback, at least 10 feet in width, planted in grass or ground cover. In areas where wider sidewalks are desirable, or space is limited, tree planting pits within the sidewalk may be approved.

(c) Trees shall be located so as not to interfere with the installation and maintenance of sidewalks and utilities. Trees shall be planted a minimum distance of three feet from curbs and sidewalks, 15 feet from overhead utility poles with appropriate species selection for trees under utility wires, and six feet from underground utilities.

(d) Trees shall be planted at a ratio of at least one tree per 50 lineal feet of frontage or fraction thereof. Trees shall be distributed along the entire frontage of the property, although they need not be evenly spaced.

(e) Street trees shall be canopy/shade trees or ornamental/flowering trees selected from Chapter 355, Attachment 4, the Township of Coolbaugh List of Acceptable Plants, or suitable substitutions as permitted by § 355-57C.

F. Parking areas.

(1) All parking areas shall be buffered from public streets and adjacent properties by a landscaped strip constructed in accordance with § 355-57F(4)(f).

(2) For new off-street parking areas, parking area landscaping consisting of a minimum of one deciduous tree and 160 square feet of shrubs and/or ground cover shall be provided for each 10 parking spaces, in addition to the requirements of § 355-57F(1).

(3) For new off-street parking areas containing less than 30 parking spaces, the parking area landscaping may be provided within the parking area or around the perimeter of the parking area in addition to the requirements of § 355-57F(1).

(4) For new off-street areas containing 30 parking spaces or more, the following requirements shall apply:

(a) Larger parking lots shall be separated by landscaped strips into smaller areas containing not more than 100 parking spaces.

(b) The ends of all parking rows shall be separated from drives/aisles by planting islands.

(c) There shall be no more than 15 contiguous parking spaces in a row without a planting island.

(d) Any parking area landscaping required by § 355-57F(2) which remains after the required planting islands have been provided shall be placed around the perimeter of the parking area, in addition to the requirements of § 355-57F(1), or as otherwise deemed to be acceptable by the Township.

(e) Planting islands. Planting islands shall be a minimum of nine feet by 18 feet in area, underlain by suitable soils, with a mounded slope between three to one and five to one, protected by curbing or other suitable means acceptable to the Township. Each planting island shall contain a minimum of one canopy/shade tree or ornamental/flowering tree plus shrubs and/or ground cover over the entire island area.

(f) Landscaped strips. All landscaped strips shall be a minimum of eight feet wide, shall extend the full length of the adjacent parking row, shall be designed to facilitate the infiltration of stormwater insofar as practical, and shall be protected by curbs, wheel stops or other suitable means acceptable to the Township. Landscaped strips shall be planted with canopy/shade trees or ornamental/flowering trees at a maximum spacing of 30 feet, plus shrubs and/or ground cover, as approved by the Township, to cover the entire landscaped strip area.

(5) The applicant may provide alternative landscape designs for parking areas which, in the assessment of the Township, will meet the intent of the above requirements in § 355-57F and provide performance comparable or superior to the above requirements of § 355-57F.

G. Plan requirements. All areas of the site shall be included in the landscaping plan, and buffers, screening, and those areas immediately adjacent to buildings and walkways shall be given extra consideration. Landscape plans shall be prepared by a landscape architect licensed and registered to practice by the Commonwealth of Pennsylvania or other person deemed qualified by the Township.

§ 355-58 Street, parking area and building lighting.

A lighting plan shall be provided by the developer and shall include details for lighting of roads, parking areas and buildings. Streetlights shall be required for all major subdivisions unless the developer documents that such lighting is not necessary and a modification is granted by the Board of Supervisors. All lighting shall comply with the standards in § 355-59.

§ 355-59 Lighting and glare.

[Amended 3-18-2014 by Ord. No. 118-2014; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of § 400-49I and violations shall be subject to the enforcement provisions of Chapter 400, Zoning.

A. Purpose. To set standards for outdoor lighting to:

(1) Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;

(2) Protect drivers and pedestrians from the glare of nonvehicular light sources;

(3) Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources; and

(4) Promote energy efficient lighting design and operation.

B. Applicability.

(1) This section shall apply to all uses within the Township where there is exterior lighting that is viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

(2) Exemptions. The following lighting applications are exempt from the requirements of this section:

(a) Lighting within public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right-of-way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.

(b) Lighting for public monuments and statuary.

(c) Underwater lighting in swimming pools and other water features.

(d) Low-voltage landscape lighting.

(e) Individual porch lights of a dwelling.

(f) Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.

(g) Temporary lighting for theatrical, television, performance areas and construction sites.

(h) Temporary lighting and seasonal decorative lighting, provided that individual lamps are less than 10 watts and 70 lumens.

(i) Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency.

C. Standards.

(1) Illumination levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the Illuminating Engineering Society of North America (IESNA).

(2) Luminaire design.

(a) Horizontal surfaces.

[1] For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, culs-de-sac, vehicular and pedestrian passage areas, merchandising and storage areas, automotive fuel-dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria.

[2] Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection. In the case of decorative streetlighting, luminaires that are fully shielded or comply with IESNA cutoff criteria may be used.

(b) Nonhorizontal surfaces.

[1] For the lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the Township, luminaires shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway.

[2] Luminaires with an aggregate-rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection.

(3) Control of glare.

(a) All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

(b) Directional luminaires such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrianway. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.

(c) Barn lights, aka dusk-to-dawn lights, when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

(d) (Reserved)

(e) Parking facility and vehicular and pedestrianway lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Township that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the 25% limit may be permitted.

(f) Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the Township in accord with § 355-59C(3)(e). The use of motion detectors is permitted.

(g) Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.

(h) Light spillover. The maximum light spillover limit at the boundary line of R-1, R-2, R-3, S-P and W-C Districts and permanent open space shall be 0.1 footcandle, and 1.0 footcandle at the boundary line of C-1, C-2, I and I-A Districts, each measured line-of-sight at any time and from any point on the receiving residential property.

(i) Height. Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet AFG. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, see Subsection D.

(j) Flags. The United States and the state flag may be illuminated from dusk to dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.

(k) Under-canopy lighting. Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces, at all lateral angles around the luminaire. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained flootcandles and the maximum density shall not exceed 30 initial footcandles.

(l) Soffit lighting. Soffit lighting around building exteriors shall not exceed 15 initial footcandles.

(m) Strobe lighting. The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications towers is prohibited during hours of darkness except as required by the Federal Aviation Administration.

(4) Installation.

(a) Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electric Code (NEC) Handbook.

(b) Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snow plows or wide-swinging vehicles, shall be protected by being placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, shielded by steel bollards or protected by other effective means.

(c) Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.

(d) Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.

(e) Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

(5) Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this chapter.

D. Recreational uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally permitted luminaire mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential or open space properties. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply:

(1) Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination, may be permitted by the Board of Supervisors. A visual impact analysis shall be required in accord with § 400-59D(4).

(2) Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m. except in the occurrence of extra innings, overtimes or makeup games.

(3) Maximum mounting heights for recreational lighting shall be in accordance with the following:

(a) Basketball: 20 feet.

(b) Football: 70 feet.

(c) Soccer: 70 feet.

(d) Lacrosse: 70 feet.

(e) Baseball and softball.

[1] Two-hundred-foot radius: 60 feet.

[2] Three-hundred-foot radius: 70 feet.

(f) Miniature golf [see driving range in Subsection D(1)]: 20 feet.

(g) Swimming pool aprons: 20 feet.

(h) Tennis: 20 feet.

(i) Track: 20 feet.

(j) All uses not listed: 20 feet.

(4) Visual impact plan. To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required by Subsection E, but also by a visual impact plan that contains the following:

(a) Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

(b) Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

(c) Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.

(d) Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of Subsection C(3).

(e) Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

(f) A narrative describing the measures proposed to achieve minimum off-site disturbance.

E. Plan submission. Lighting plans shall be submitted for Township review and approval for subdivision and land development applications. The submitted information shall include the following:

(1) A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flags and signs, by location, orientation, aiming direction, mounting height, lamp, photometry and type.

(2) A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandle, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter. When the scale of the plan, as judged by the Township, makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.

(3) Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

(4) Description of the proposed equipment, including luminaire catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.

(5) Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

(6) When requested by the Township, the applicant shall also submit a visual impact plan in accord with Subsection D(4).

(7) Plan notes. The following notes shall appear on the lighting plan:

(a) Post-approval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Township for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires; and shall be accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan.

(b) The Township reserves the right to conduct post-installation inspections to verify compliance with ordinance requirements and approved lighting plan commitments, and if deemed appropriate by the Township, to require remedial action at no expense to the Township.

(c) All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Township.

(d) Installer shall notify Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

F. Violations; safety hazards.

(1) When the Zoning Officer determines that a lighting installation violates any provision of this chapter or creates a safety hazard, an enforcement proceeding shall be initiated in accord with the enforcement provisions of Chapter 400, Zoning.

(2) If appropriate corrective action has not been effected within 15 days of notification, the Township may take appropriate legal action.

G. Definitions. Words and phrases used in this section shall have the meanings set forth in this subsection. Words and phrases not defined in this subsection but defined in Article II of this chapter shall be given the meanings set forth in said article. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

ARCHITECTURAL LIGHTING

Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

FOOTCANDLE

The amount of illumination the inside surface of a one-foot-radius sphere would receive if there were a uniform point source of one candela in the exact center of the sphere. The footcandle is equal to one lumen per square foot, and is measurable with an illuminance meter (light meter).

FULL CUTOFF

Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is fully shielded.

FULLY SHIELDED

A luminaire with opaque top and sides, capable of emitting light only in the lower photometric hemisphere as installed.

GLARE

Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or loss in visual performance and visibility.

LAMP

A generic term for a source of optical radiation, often called a "bulb" or "tube."

LED

Light-emitting diode.

LIGHT FIXTURE

The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), not included the support assembly (pole or mounting bracket).

LIGHT TRESPASS

Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.

LIGHTING SYSTEM

On a site, all exterior electric lighting and controls.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

LUMINAIRE

The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) when applicable, together with the parts designed to distribute the light (reflector lens, diffuser) to position and protect the lamps, and to connect the lamps to the power supply.

LUMINAIRE, SHIELDED DIRECTIONAL

A fully shielded luminaire with an adjustable mounting device allowing aiming in a direction other than straight downward.

§ 355-60 Wetlands.

A. Identification. If a proposed subdivision or land development includes any area that is suspected of being a wetland, then a professional wetland delineation may be required. The Township may require that the applicant obtain a jurisdictional determination from the U.S. Army Corps of Engineers. Until such time as the Board of Supervisors has approved application, the wetland limits shall be visibly identified in the field.

B. State and federal regulations. Any approval under this chapter shall be conditioned upon compliance with federal and state wetland regulations. The Board of Supervisors may refuse to approve a plan for recording or delay the issuance of permits until an applicant documents such compliance.

C. Buffers. The wetland buffers required by Chapter 400, Zoning, and stormwater regulations[1] shall be provided and shall be shown on the plan.

[1] Editor's Note: See Ch. 344, Stormwater Management and Earth Disturbance.

D. Mitigation. Compensatory mitigation projects required as part of federal or state permits shall be shown on plans. Future lot owners whose property encompasses all or part of a mitigation area shall be notified that the portion of their property which includes the mitigation area may not be altered, and is considered a jurisdictional wetland by the federal and state governments. Lot owners may be responsible for maintenance of mitigation areas. In order to help ensure the long-term viability of wetland mitigation efforts, the Township discourages multiple ownership of mitigation areas. Ownership by one individual or a homeowners' association is encouraged. Owners of the wetland mitigation areas must be clearly identified on the plan.

E. Protection. Where the study shows the existence of wetland areas, the delineated boundary shall be properly fenced to prevent encroachment. Snow fence or other acceptable material shall be used (the use of silt fence is not acceptable). The fence shall be properly installed, at a minimum distance of 20 feet outside the delineated boundary, prior to any construction or issuance of building permits. No land shall be disturbed within any required buffer area except in accord with Township requirements. The fence must be properly maintained until all occupancy permits have been issued and/or for the extent of all construction.

§ 355-61 Community facilities and recreation fees.

A. Purpose. To provide adequate open spaces, recreational lands and recreational facilities to serve new inhabitants/occupants of new developments, for both active and passive recreation, as is specifically authorized by § 503(11) of the Pennsylvania Municipalities Planning Code (MPC).[1]

[1] Editor's Note: See 53 P.S. § 10503(11).

B. Applicability; exemptions.

(1) Applicability. This section shall apply to any subdivision or land development for which a preliminary plan or a combined preliminary/final plan is submitted after the enactment date of this amendment.

(2) Exemptions. This section shall not apply to plans that the Board of Supervisors determines only involve adjustments or corrections (not increasing the number of approved lots) to an approved preliminary plan or a preliminary plan that was actively before the Township for consideration as of the date of the adoption of this chapter, provided the adjustments do not increase the number of proposed dwelling units or involve a new principal nonresidential building.

C. Limitations on use of fees.

(1) Separate account. Any fees collected under this chapter shall be placed within an interest-bearing account and shall be accounted for separately from other Township funds. Such account shall be controlled by the Township, and any interest shall become funds in that account.

(2) Use. The fees shall be used for Township or other public recreation facilities located in the Township. In addition, the Supervisors may commit fees to a recreation area open to the public in an adjacent municipality that would serve the inhabitants of the development that paid the fees. Such fees shall only be used for the acquisition of public open space and related debt payments, development of public recreational facilities, landscaping of public open space, and related engineering and design work.

D. Land dedication. Any subdivision or land development regulated under this chapter shall be required to dedicate the specified amount of common open space, unless the payment of recreation fees in-lieu of land is required by the Board of Supervisors or as noted in Subsection D(1).

(1) Fee. Development of five or fewer dwelling units or under five acres of nonresidential land, that do not include land that is adjacent to existing publicly owned land, shall be required to pay a recreation and open space fee in lieu of dedicating land and/or constructing recreation improvements.

(2) Land requirements. The land requirements of this chapter shall be based upon the number of new dwelling units that are proposed on the lots of a subdivision or land development after approval. No land requirement shall be required for agricultural, livestock or poultry buildings.

(3) Prime open space. For the purposes of this chapter, the term "prime open space" shall mean land proposed to be established as common open space that would meet all of the following standards:

(a) Less than 6% average slope;

(b) Not a wetland under federal and/or state regulations;

(c) Be part of a contiguous tract of at least two acres (which may include existing adjacent common open space); and

(d) Not be within the one-hundred-year floodplain as defined by official floodplain maps of the Township, as prepared by FEMA.

(4) Amount of residential common open space. For a subdivision, the following amounts for each permitted new dwelling unit shall apply, unless revised by resolution of the Board of Supervisors:

Percentage of the Total Common Open Space that Would Meet the Definition of Prime Open Space	Minimum Required Common Open Space Per Permitted Dwelling Unit (square feet)
0% to 25.0%	5,200
25.1% to 75.0%	2,600
75.1% to 100%	1,300

(5) Amount of nonresidential common open space. For a nonresidential subdivision or land development, the following amounts of common open space shall be required:

Percentage of the Total Common Open Space that Would Meet the Definition of Prime Open Space	Minimum Required Percentage of Development Tract Required to be Dedicated as Common Open Space
0% to 25.0%	6%
25.1% to 75.0%	4%
75.1% to 100%	3%

E. Recreation fees. The developer of any subdivision or land development governed by this chapter shall pay a recreation fee in accord with the following:

(1) Fee amount. The fee amount shall be established by resolution of the Board of Supervisors based upon the fair market value of comparable land.

(2) Residential. Fees for dwelling lots or units shall be assessed on a per-lot or per-unit basis.

(3) Nonresidential. Fees for nonresidential development shall be assessed on a per-square-foot-of-impervious-area basis. No fee shall be assessed for developments of less than 1,000 square feet of impervious area, for any development which does not require approval under this chapter, or for any agricultural, livestock or poultry buildings.

F. Decision of land versus fees. The Township reserves the right to determine, on a case-by-case basis, whether dedication of land is preferable to the payment of an in-lieu fee. If the applicant does not propose dedicating common open space that meets Township requirements (as determined in the sole discretion of the Board of Supervisors), then the payment of recreation fees shall be required instead of land dedication. The Township should consider the following in making its decision on whether to accept the dedication of land or the payment of a fee in lieu thereof:

(1) Whether the land in that location would serve a valid public purpose.

(2) Whether there is potential to make a desirable addition to an existing public recreation area or to create a greenway along a creek.

(3) Whether the proposed land would meet the objectives and requirements of this section and any relevant policies of the Township Comprehensive Plan, Interim Recreation Plan or Regional Recreation and Open Space Plan.

(4) Whether the area surrounding the proposed development has sufficient existing recreation and open space land and whether it is possible for pedestrians and bicyclists to reach those lands.

(5) Any recommendations that may be received from the Planning Commission, the Township Engineer, the local School Board or School District staff and the Township Parks and Recreation Board.

G. Common open space and recreation land to be dedicated.

(1) Suitability. Land required to be dedicated shall be suitable for its intended purpose, in the determination of the Board of Supervisors. The applicant shall state in writing what improvements, if any, he/she intends to make to the land to make it suitable for its intended purpose, such as grading, landscaping, or development of trails. Such land shall be free of construction debris at the time of dedication.

(2) Ownership. Required common open space shall be dedicated to the Township, unless the Board of Supervisors agree to accept a dedication to any of the following: Pocono Mountain School District, Monroe County, the Pennsylvania Bureau of State Parks, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission, a homeowner association, a single property owner in the case of agricultural land or an environmental organization acceptable to the Board of Supervisors. In the case of a rental development, the Township may permit the common open space to be retained by the owner of the adjacent buildings.

(a) Homeowners' association. If required common open space is to be owned by a homeowners' association, the developer shall be required to establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the common open space.

(b) Township acceptance. Any homeowner association agreement regarding required common open space shall be subject to acceptance by the Board of Supervisors, based upon review by the Township Solicitor. The provisions of § 705(f) of the Municipalities Planning Code[2] should serve as a model for such agreement.

[1] If common open space is to be owned by a property owners' association, the developer shall be required to establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the common open space.

[2] Prior to the sale of any dwelling unit or lot, all deeds shall require each property owner to pay fees on a regular basis for the maintenance and other expenses of owning such land. The property owners shall be incorporated with covenants and by-laws providing for the filing of assessments. After providing notice to affected owners, the Township shall have the authority to establish municipal liens upon all properties in the association to fund maintenance of the land and Township legal costs if the property owners association does not fulfill its responsibilities.

[2] Editor's Note: See 53 P.S. § 10705(f).

(c) Private lot. Where another form of ownership is not practical, the Board of Supervisors may permit the required open space to be added onto a privately owned lot, provided a permanent conservation easement protects the open space from development.

(d) Transfer to another entity. If the approved plan states that ownership of and/or responsibilities to maintain the common open space are limited to a particular entity, then any transfer of ownership of responsibilities to another entity shall require preapproval by the Board of Supervisors. Where land is to be owned by a conservation organization, a process should be established for the land to transfer to a different organization if the first organization is not able to fulfill its obligations.

(e) Dedication to Township. The Board of Supervisors may require that the required common open space be dedicated to the Township, as opposed to a private entity. The Board of Supervisors shall not be required to accept dedication of any open space.

(3) Deed restrictions/conservation easements. Common open space shall be protected from future development and subdivision by a permanent conservation easement or deed restriction enforceable by the Board of Supervisors. Such restriction may also be enforceable by other parties. Such restrictions shall prohibit the construction of any buildings, except buildings for noncommercial recreation or that are necessary to support maintenance of the open space.

(4) Priority. Priority shall be given to dedication of land that would be suitable for:

(a) Additions to existing public schools and public parks;

(b) Would preserve woods, steep slopes or other important natural features of land along a creek or river;

(c) That would be suitable for centralized active recreation;

(d) Connect to open space areas through greenways; or

(e) Serve as passive recreation for hiking and related activities.

(5) Suitability. Land that is not suitable for active or passive recreation shall not be permitted to meet the requirements of this chapter, including areas within a stormwater detention basin that are not suitable for recreation. Portions intended for active recreation shall be well-drained, of less than 4% average finished slope and not require filling in of a wetland for use.

(6) Access and contiguousness. Common open space within a subdivision or land development shall be contiguous, except as may be specifically exempted by the Board of Supervisors, and shall have adequate access for maintenance and by pedestrians. If open space is limited to residents of a development, the Township may still require that a defined trail easement be open to all pedestrians to provide for a needed link.

(7) Lands close to buildings. For the purpose of this chapter, no land shall be used to meet the minimum common open space requirements of this section if such land is within:

(a) Twenty feet of any building, other than a noncommercial recreation building; or

(b) Fifteen feet of any vehicle parking areas, other than parking areas specifically developed to only serve the common open space for noncommercial recreation.

(8) Sewage facilities in common open space. Sewage facilities of adjoining property owners may be located as a reserve location on the common open space when lots size does not allow reserve sewage disposal site. Adequate easements shall be established to clarify rights and responsibilities. Community sewage facilities may be located in the common open space subject to review by the Township Planning Commission and approval by the Township Board of Supervisors to determine if the proposed facilities are compatible to the proposed use of the open space. If buildings are associated with the sewage disposal, additional open space shall be provided in the equal amount to the space occupied by the building.

(9) Wells. Wells of adjoining property owners or community water supplies may be located in common open space. Adequate easements shall be established to clarify rights and responsibilities. If buildings are associated with the water supply, additional open space shall be provided in the equal amount to the space occupied by the building.

(10) Residual lands. If only a portion of a larger tract of land is currently proposed to be subdivided, or the applicant owns one or more adjacent tracts that are not currently proposed to be subdivided, the applicant shall provide a sketch of a possible future land dedication on these adjacent lands in case they would be developed in the future. The intent is to coordinate current plans with any future development, even in the long-term.

(11) Coordination with future adjacent dedication. The Board of Supervisors may require that a required land dedication within a property currently being subdivided be placed along an edge of the property so that it may, in the future, be combined with an open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed.

(12) Other ordinances. Any required land dedication or fees under this chapter shall be in addition to any open space requirements, land dedication or improvement requirements of any other Township ordinances, including land that is developed as part of a conservation design development, under Chapter 400, Zoning.

(13) Combination of land and fees. Upon mutual agreement of the Board of Supervisors and the applicant, the Township may accept a combination of common open space and fees-in-lieu of land to meet the requirements of this chapter for a subdivision or land development. For a residential development, this combination shall be based upon the common open space requirement applying for the remaining number of dwelling units.

(14) Timing of residential fees. Fees required by this section for all of the dwelling units shall be paid prior to the recording of the final plan.

(15) Timing of nonresidential fees. Fees required by this chapter for any nonresidential subdivision or land development shall be paid prior to the recording of the final plan of a subdivision or final approval of a land development, whichever occurs first. The exception is if the applicant establishes a legally binding mechanism acceptable to the Township Solicitor, the fees may be paid prior to the time a land development plan is approved for each lot, as opposed to at the time an entire subdivision is approved.

(16) Facilities in place of land or fees.

(a) An applicant may submit a written request for a modification of the requirements of this chapter by offering to construct substantial permanent recreation facilities open to the general public within the proposed subdivision or land development or on public park land. Such modification may only be approved if the applicant clearly proves to the satisfaction of the Board of Supervisors that the facilities will serve a valid public purpose, will be designed following modern standards in a durable manner and will have an equal or higher value than fees that would otherwise be required. The Supervisors shall determine whether facilities construction would be in the public interest, or whether the payment of fees is required. The Supervisors shall, at a minimum, consider the following in this decision:

[1] Whether the facilities in the proposed location would serve a valid public purpose.

[2] Whether the facilities are a desirable addition to an existing public park.

[3] Whether the proposed facilities meet the objectives and requirements of this chapter and any relevant goals and policies of the Township's Comprehensive Plan, Recreation Plan, or Regional Recreation and Open Space Plan.

[4] Whether the facilities, if proposed within the development, will be easily accessible to other Township residents.

[5] Any recommendations from the Planning Commission, the Township Engineer, the School District, or the County Parks and Recreation Board.

(b) A modification of these requirements may also be approved by the Board of Supervisors if the applicant donates or sells appropriate public recreation land to the Township, school district or other governmental entity. In such case, the applicant shall provide a written appraisal from a qualified professional that the market value of the donation or sale price reduction is greater than the value of the fee or land requirement that is waived. In such case, the land shall be determined to be suitable for public recreation.

§ 355-62 Firefighting; adequate and reliable water source.

Each major residential subdivision or residential land development shall provide an adequate and reliable water source for firefighting purposes. The provisions for an adequate and reliable water source shall be submitted as part of the application. Such plans and installations shall be inspected by the Township for compliance with this chapter. The developer may elect to provide this water source through the establishment of a pressurized water system, static water source or combination thereof.

A. Pressurized system. When electing to use a pressurized water distribution system, the system shall be designed in accord with accepted engineering practice.

B. Static water sources. When electing to use a static water source, the developer shall ensure that access to the water source is provided within 1/2 mile road distance (not point to point) of any buildable point within the subdivision. This may be met either through the use of ponds, cisterns or a combination thereof. Access to the water source shall be guaranteed with a recorded agreement between the owner of the water source and the Township. Regardless of the type of static source provided, the system shall be installed in compliance with NFPA 1231, unless the Township requires different standards.

(1) Static water sources shall be of sufficient capacity to provide an uninterrupted flow of at least 1,500 gallons per minute for a two-hour duration. Dry hydrants shall be installed in static water sources and located as required to meet the one-half-mile requirement.

(2) The dry hydrant shall be capable of supplying a 1,500 gallons-per-minute pumper operating at 100% capacity at 150 pounds per square inch through 10 feet of six-inch suction hose. Dry hydrants shall be terminated with a 45° dry hydrant head with six-inch male NST threads and a cap. The center line of the head shall be three feet from the ground. All piping used in the dry hydrant shall be schedule 80 PVC, with a minimum diameter of eight inches. All exposed aboveground components shall be primed with a PVC primer to prevent deterioration. The hydrant head shall be connected to the piping with a tapered coupling.

(3) The piping for the dry hydrant shall be installed a minimum of three feet below the frost line and average ice depth of the water source. The strainer shall be located below the surface of the water at a depth that is greater than three feet below the average ice depth of the water (and the water surface) and no less than two feet from the bottom of the water source. The strainer shall have a cleanout cap installed for maintenance. The vertical distance from the water surface to the center line of the hydrant head shall not exceed 10 feet.

(4) Adequate road access shall be provided as determined by the Township.