Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 198, passed 12-14-1989]
(a) 
The following principles, standards, and requirements shall be applied by the Council in evaluating plans for proposed subdivision and land development. In addition, the standards set forth in the Upper Providence Township Zoning Ordinance for the particular district in which the subdivision or land development is taking place shall govern the layout of lots and/or design of buildings, parking lots, and other facilities. Land shall be developed in conformance with the Comprehensive Plan, the Act 537 Sewage Facilities Plan, and all other ordinances and regulations in effect in the Township.
(b) 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of public health, safety and general welfare.
(c) 
Where literal compliance with the standards herein specified is clearly impractical, the Council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these Regulations. (See Section 1222.01, Hardship variances)
[Ord. No. 198, passed 12-14-1989]
(a) 
All proposed land developments shall comply fully with the existing zoning regulations applicable to the land and no parcel of land shall be created, either by inclusion or exclusion, from a proposed land development which cannot be properly utilized for a permitted use under the existing zoning regulations.
(b) 
Land subject to hazards to life, health, or property, such as may arise from fire, floods, disease, or other cause, shall not be subdivided for building purposes or developed unless the hazards have been eliminated or unless the plans show adequate safeguard against them.
(c) 
No on-site sewage disposal facility shall be permitted to be installed unless applicable State and/or Municipal standards are fully satisfied.
(d) 
Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop compatibly.
[Ord. No. 198, passed 12-14-1989]
(a) 
Proposed streets shall be consistent with such street plans or parts thereof as have been officially prepared and adopted by the Township, including recorded subdivision plans and the official map of the Township.
(b) 
Proposed streets shall further conform to such Township, County, and State road and highway plans as have been prepared, adopted and/or filed as prescribed by law.
(c) 
Thoughtful and imaginative design of streets and their relationship to the arrangement and shape of lots are required. An important element is the blending with topography to produce curvilinear design and reasonable grades. The rectilinear design of streets and lots involving long, straight sections of street shall be avoided.
(d) 
Insofar as possible, streets on which structures are proposed to front shall be oriented in a general east-west direction so as to provide the maximum number of structures with southern exposure and to provide the opportunity for solar utilization. Street layout should maximize southfacing slope. Where topographic or other conditions make east-west orientation of the continuance of existing streets impracticable, such continued streets shall conform to approved plans.
(e) 
Local streets shall be laid out as to discourage through traffic, but provisions for street connections into and from adjacent areas may be required.
(f) 
If lots resulting from original subdivisions are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street right-of- way to permit further subdivision shall be provided as necessary.
(g) 
Where a subdivision abuts or contains an existing or proposed major thoroughfare, the Council may require dedication of additional rights-of-way specified hereinafter and marginal access streets, rear service alleys, reverse frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major thoroughfare and separation of local and through traffic.
(h) 
New half or partial streets shall not be permitted except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these Regulations and where, in addition, dedication of the remaining part of the street has been secured. Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract. Where half or partial streets are proposed, the acceptance of final plans shall be conditioned upon the provision of guarantees providing for the construction or completion of such streets to Township standards. As an interim measure, a temporary turn-around must be provided for half or partial streets.
(i) 
Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts or when designed as cul-de-sacs.
(j) 
Continuation of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names of existing streets in the Township and/or Post Office District. The Council may reject street names and suggest alternative names.
(k) 
Where streets and other public improvements continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such design with both municipalities to avoid abrupt change in cartway width or in improvements provided.
[Ord. No. 198, passed 12-19-1989]
(a) 
Cul-de-sac streets, permanently designed as such, shall not exceed 1,200 feet in length. The design of a cul-de-sac street shall be presented for review to the Fire Marshal, in order to assess the sufficiency of access for emergency response vehicles and the sufficiency of fire hydrants.
[Amended 11-10-2016 by Ord. No. 498]
(b) 
Cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a paved turn-around having a minimum diameter to the outer pavement edge of 80 feet. The right-of-way shall have a minimum diameter of 100 feet within the turn-around. A planting circle in the center of the turn-around may be proposed by the developer. In such cases, the minimum radius to the pavement edge or curb line shall be 50 feet and the minimum radius of the right-of-way shall be 60 feet. To insure adequate vehicular turn-around capability, the diameter of the planting circle shall be no greater than 50 feet. Maintenance responsibilities for the planting circle shall be provided on any plan submitted.
(c) 
Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, it shall be conducted away in an underground storm sewer.
(d) 
Unless future expansion of a cul-de-sac street is clearly impractical or undesirable, the turn-around right-of-way shall be placed adjacent to the tract boundary with sufficient additional right-of-way width provided along the boundary line to permit extension of the street at full width.
(e) 
The small pieces of land beyond the cul-de-sac turn-around to the boundary shall be so deeded that maintenance of these corners of land will be the responsibility of the adjoining owners until the roadway is continued. The deeds shall be presented to the Township Solicitor for review.
(f) 
In designing the layout of any roads or culs-de-sac, an applicant shall give consideration to future snow removal obligations. An applicant shall indicate on its plans areas designated for snow removal and snow stockpiling purposes, subject to the review and approval of the Township, which may obtain the recommendation of the Township Road Foreman. Such area(s) shall be subject to an easement, which shall run in favor of the Township and any entity that is obligated to perform snow removal. The eased area shall be sufficiently marked for snow removal purposes (i.e., through signage and/or delineators) and shall be accessible by way of a curb cut. No parking shall be permitted in front of the snow stockpiling area during periods of snow accumulation or during a declared snow emergency until all snow is cleared. Where feasible, applicants are encouraged to design their plans in a manner such that proposed recreation facilities may be used for snow stockpiling purposes (to the extent such snow stockpiling does not interfere with the purpose of any recreation area).
[Added 11-10-2016 by Ord. No. 498]
(g) 
Cul-de-sac streets are not permitted off of the bulb of a cul-de-sac street."
[Added 11-10-2016 by Ord. No. 498]
[Ord. No. 198, passed 12-14-1989]
(a) 
The minimum right-of-way and cartway width for all new streets in the Township shall be as follows:
Type of Street
Width with Curbs1, 2
(feet)
Arterial Street
Right-of-Way
80
Cartway
Per PennDOT
Shoulder
Collector Street3
Right-of-way
60
Cartway
36
Shoulder
Local Street
Right-of-way
50
Cartway
26
Shoulder
Private Street
Right-of-way
50
Cartway
24
Shoulder
NOTES:
1
For this section, the curb refers to an upright or straight curb.
2
The cartway width for a street serving lots one acre or less shall be 26 feet.
3
This classification also includes commercial, industrial, marginal access, and other nonresidential streets.
(b) 
Additional right-of-way and cartway widths may be required by the Council for the following purposes:
(1) 
To promote public safety and convenience.
(2) 
To provide parking space in commercial and office industrial districts and in areas of high density residential development.
(c) 
Rights-of-way of lesser width than prescribed in this section shall not be permitted.
(d) 
Subdivisions abutting existing streets shall provide for dedication of the minimum right-of-way widths for those streets in accordance with the provisions of this section.
[Ord. No. 198, passed 12-14-1989]
In the case where lots created within a subdivision are large enough to accommodate either further subdivision or a higher intensity of development and, thus, may result in higher traffic levels, the Township may require that additional right-of-way be provided to permit the future development of a higher order street.
[Ord. No. 198, passed 12-14-1989]
(a) 
Center line grades shall be not less than 1%.
(b) 
Center line grade of all proposed roads shall not exceed the following:
Arterial street: per PennDot.
Collector street: 7%.
Local street: 9%.
Private street: 10%.
(c) 
Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change to provide the following minimum sight distances:
Arterial street: 400 feet.
Collector street: 300 feet.
Local street: 200 feet.
(d) 
Under no condition will maximum grades be permitted with minimum curve radii.
(e) 
The turn-around portion of a cul-de-sac street shall have a maximum grade of 4% across the diameter in any direction.
(f) 
Wherever possible, the drainage of cul-de-sac streets shall be toward the open end.
(g) 
Cul-de-sac streets with center line slopes less than 2% which are level or nearly so across the diameter perpendicular to the center line must be graded so that there is a minimum of 2% fall in all drainage swales around the cul-de-sac.
[Ord. No. 198, passed 12-14-1989]
(a) 
Whenever street lines are deflected in excess of 5°, connections shall be made by horizontal curves.
(b) 
To insure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:
Arterial street: 500 feet.
Collector street: 300 feet.
Local street: 150 feet.
(c) 
A tangent of at least 100 feet measured at the center line shall be required between reverse curves.
[Ord. No. 198, passed 12-14-1989]
(a) 
Streets entering another street shall use right angle intersections whenever feasible, especially when local streets enter into major thoroughfares. There shall be no intersection angle measured at the center line of less than 16° or more than 120°.
(b) 
All street intersections shall have a minimum paving radius corresponding to the following curb radii:
Forty feet for all intersections involving arterial streets;
Thirty feet for all intersections involving collector streets; and
Twenty feet for all intersections involving only local streets.
(c) 
Streets entering the opposite sides of another street shall either be directly across from each other or offset by at least 200 feet from center line to center line.
(d) 
Wherever feasible, intersections along major streets shall be kept to a minimum, at least 1000 feet apart, except in those cases deemed by the Council to require close spacing without endangering the safety of the public. Separation distances shall be measured center line to center line.
(e) 
Intersections shall be approached on all sides by a straight section, the grade of which shall not exceed 4% within 50 feet of the intersection of the nearest right-of-way lines.
(f) 
All necessary street name signs and traffic control signs shall be provided and erected by the developer, subject to PennDOT regulations and approval. The street signs shall be of the type existing in the neighborhood and shall be subject to approval by the Council. Street signs shall be erected before acceptance of the street.
(g) 
Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet measured from the center line grade of intersecting streets.
(h) 
At all intersections of local roads, the clear sight triangle shall be a minimum of 75 feet measured from the point of intersection along each road center line.
(i) 
At all intersections of local roads with other classifications of roads, the following sight triangle dimensions shall be used:
Design Speed of Intersected Road
(miles per hour)
Length of Sight Triangle Leg Along Center Line of Closest Lane
(feet)
Local street or stop condition
75
20
200
30
300
40
400
50
500
(j) 
Greater sight triangles imposed by PennDOT for intersections with the State highway system shall supersede the above.
[Ord. No. 198, passed 12-14-1989]
(a) 
Deceleration or turning lanes may be required by the Township along existing and proposed streets as required by a transportation impact study required by Section 1228.06(d), or where the Township can justify the need.
(b) 
Deceleration lanes shall be designed to the following standards:
(1) 
The lane width shall be the same as the required width of the roadway moving lanes.
(2) 
The lane shall provide the full required lane width for its full length. Additionally, a seventy-five-foot taper shall be provided so that the proper transition from the street to the deceleration may be made.
(3) 
The minimum lane length measured from the center line of the intersection shall be as follows:
Design Speed of Road
(miles per hour)
Minimum Deceleration Lane Length
(feet)
30
300
40
400
50
500
[Ord. No. 198, passed 12-14-1989; Ord. No. 255, passed 11-18-1993]
(a) 
Curbs will be required to be installed to facilitate storm water run-off on proposed streets. Additionally, when required by Council, a stabilized shoulder may be provided as specified in Section 1230.05(a).
(b) 
Curbs shall be installed along both sides of all proposed streets. Curbs shall be the vertical type.
(c) 
Curbs shall be provided on all new parking areas located within a land development. Precast concrete curb (bumper guards) may be used upon approval of the Council.
(d) 
All concrete structures shall conform to "PennDOT Form 408 Specifications, latest edition, with a minimum compression strength of 3,500 psi after 28 days.
(e) 
Curbs and drainage swales shall be constructed to the dimensions shown in Appendix E.
(f) 
Curbing shall be constructed in ten foot lengths. A pre-molded expansion material, having a minimum thickness of one-quarter of an inch, shall be placed between sections of curved curb and at intervals of not more than 30 feet. Intermediate joints between ten foot sections shall be formed of two layers of singleply bituminous paper.
(g) 
The depressed curb at driveways shall be no higher than 1 1/2 inches above the street surface. The length of this depressed curb shall not exceed 35 feet without a safety island. This safety island shall not be less than 15 feet in length. Pipes or grates or other constructions shall not be placed in the gutter to form a driveway ramp.
(h) 
Excavations shall be made to the required depth and the material upon which the curb is to be constructed shall be compacted to a firm, even surface. Where the subgrade is soft or spongy, as determined by the Township Engineer, a layer of crushed stone, not less than four inches thick, shall be placed under the curb.
[Ord. No. 198, passed 12-14-1989]
All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of the Pennsylvania Department of Transportation Specifications, Form 408, or the latest revision thereof. Road cross sections shall be as detailed in Appendix E. The pavement strength shall be at least 3.0 as measured by the Pennsylvania Department of Transportation pavement strength guidelines. The Township Engineer may require such tests as are reasonably necessary, in the Township Engineer's opinion, to insure that the standards of construction and quality of materials comply with these Regulations, including, but not limited to, requiring concrete test cylinders, core samples, and compaction tests.
(a) 
Subgrade.
(1) 
The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross-section of the proposed road.
(2) 
Remove or stabilize all unsuitable subgrade materials.
(3) 
Wet or swampy areas shall be permanently drained and stabilized.
(4) 
Fills shall be made with suitable materials and thoroughly compacted for full width in uniform layers not more than eight inches thick.
(5) 
The subgrade shall be thoroughly compacted by rolling with a minimum ten-ton roller and/or a sheeps-foot roller over six inches.
(6) 
Backfill of trenches within the cartway and curb areas shall be thoroughly compacted prior to application of the base course.
(b) 
Base course.
(1) 
Base course shall consist of 10 inches of PA. #4A crushed stone placed and rolled uniformly and thoroughly with a ten-ton roller. Rolling shall continue until the material does not creep or wave ahead of the roller wheels.
(2) 
After compaction of this base stone, dry screenings shall be applied in sufficient quantity to fill all of the voids in the rolled stone base. A vibratory roller of PennDOT-approved design must be used in this step of construction and rolling shall continue until all voids are filled. Small areas around inlets and manholes that cannot be reached by the vibratory roller shall be compacted with a mechanical tamper or whacker.
(3) 
When the stone surface is tight and will accept no more screenings, all loose screening shall be broomed from the surface to expose the top of 1/2 of an inch of the aggregate over at least 75% of the road.
(4) 
No base materials shall be placed on a wet or frozen subgrade.
(5) 
As an alternate, an aggregate-lime-pozzolan base course may be used when approved by the Township. This "possopac" base course must be applied with an approved paver to a thickness to be determined by the Township Engineer.
(6) 
Application of a "possopac" base course shall be followed immediately by application of the binder course.
(c) 
Bituminous surface.
(1) 
Bituminous material shall be ID-2 or FB-1 hot mix, with two inches of binder course and 1 1/2 of an inch of surface course after compaction.
(2) 
The completed road surface shall have a uniform slope of one quarter of an inch per foot from edge to center line, except that on super-elevated curves this slope shall not be less than one-quarter of an inch per foot and shall extend up from the inside edge to the outside edge of the paving.
(3) 
As an alternate, the road may be constructed of six inches of compacted aggregate bituminous base course and 1 1/2 inches wearing course. The type and installation of road material shall be equal or superior to that required in the Pennsylvania Department of Transportation Specifications, Form 408.
(d) 
Grading and shoulders.
(1) 
Roadways shall be graded for not less than eight feet beyond the edge of the proposed paving on each side. This grading width shall be increased as necessary where sidewalks and/or planting strips are to be provided. Shoulders shall be graded with a slope of one inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion but this slope shall not exceed two horizontal to one vertical with tops of slope in cuts rounded.
(2) 
The Township Council may modify the 2:1 ratio relative to site conditions where a cut to attain the maximum grade for a road exceeds eight feet.
[Ord. No. 198, passed 12-14-1989]
(a) 
Private streets are prohibited within a subdivision unless adequate off-street parking is shown to exist and proper maintenance of all improvements is guaranteed by the developer.
(b) 
There shall be a note on each preliminary and final plan indicating those streets that are not intended for dedication.
(c) 
Private streets shall adhere to all design standards of a public street.
(d) 
Private streets shall not be offered for dedication unless they meet all public street design standards and comply with Section 1226.09(b).
[Ord. No. 198, passed 12-13-1989; Ord. No. 407, passed 1-12-2006]
(a) 
Private driveways, either individual or shared, shall be provided for all residences and the construction shall be in accordance with the regulations of this section in order to provide safe access to Township and State roads and to eliminate problems of storm water run-off.
(b) 
The edge of the driveway shall be at least 50 feet for local roads, 100 feet for collector roads from the intersection of right-of-way lines of corner lots and setback at least five feet from the side and rear property line.
(c) 
The grade of a driveway within the legal right-of-way of the public road, whether Township or State, shall not exceed 5%. The grade of the driveway within the property line shall not exceed 15%.
(d) 
The width of a driveway within the legal right-of-way of a public road shall be a minimum of 10 feet or, when carried by a bridge within the right-of-way, a minimum of 12 feet, and shall be a minimum of eight feet at all other points with the property line. Adequate turn-around surface shall be provided on the property so egress to the street is in a forward direction. Where the grade of the driveway exceeds 10%, at least one level parking space shall be provided just within the property line for emergency parking.
(e) 
All driveways shall be surfaced with erosion-resistant materials from the edge of the street cartway to a point in the lot 25 feet from the right-of-way line of any Township, State or private road. The remainder of the driveway may be constructed of any suitable stone or paved surface.
(f) 
The finished surface of the driveway sloping toward the public road shall be shaped so that no storm water run-off from the property shall discharge upon the public right-of-way. This shall be accomplished by providing a minimum crown of four inches or a side-to-side slope of six inches and shaping the last 20 feet of length of the driveway at the street line so that all surface run-off discharges on the owner's property. On steep driveways, an interceptor may be required at the edges to restrain run-off and deflect it to the side. Installation of a concrete drop structure with a steel grate cover across the driveway and connected by a storm sewer to an appropriate watercourse may also be required. Discharge of roof drains or downspouts onto a driveway which slopes toward the street shall not be permitted. No drain pipe from any basement sump pump, foundation drain, disposal field, terrace, roof, or pavement shall be discharged onto the public right-of-way.
(g) 
The sight distance at the intersection of the proposed driveway with any State, Township, or private road shall be maintained as specified in Section 1230.09.
[Ord. No. 198, passed 12-14-1989; Ord. No. 240, passed 8-13-1992; Ord. No. 361, passed 9-12-2002; Ord. No. 414, passed 7-13-2006]
(a) 
Sidewalks shall be required on both sides of existing and new streets in residential subdivisions and land developments. Sidewalks may be required on only one side of the street in subdivisions and land developments if there are residential lots on only one side of the street.
(b) 
Sidewalks shall be required in any subdivision or land development to continue sidewalks that are existing in adjacent developments or to provide access to community facilities (i.e. schools, shopping areas, recreational areas, etc.) or to assure the safety of pedestrians in unusual or peculiar conditions with respect to prospective traffic. Paved walkways may be provided in areas where lot sizes exceed one acre and/or where environmental impacts can be minimized by constructing such in lieu of sidewalks adjacent to the cartway.
(c) 
Sidewalks shall be provided along all new and existing streets and parking areas located in nonresidential subdivisions or land developments.
(d) 
Sidewalks shall be located within the street right-of-way at the minimum of one foot from the right-of-way line. A grass planting strip should be provided between the curb or edge of paving and sidewalk.
(e) 
All sidewalks shall conform to specifications for Class A concrete, as specified by PennDOT, with a minimum compressive strength of 3,000 psi after 28 days.
(f) 
Sidewalks shall be a minimum of four feet wide, except along collector and arterial streets and adjacent to shopping centers, schools, recreational areas and other community facilities where they shall be a minimum of five feet wide.
(g) 
Where sidewalks abut the curb and a building, wall or other permanent structure, a premolded expansion joint, one-quarter of an inch in thickness, shall be placed between the curb and the sidewalk for the full length of such structure. Sidewalks shall be constructed in separate slabs 30 feet in length, except for closures. The slabs between expansion joints shall be divided into blocks five feet in length by scoring transversely.
(h) 
Sidewalks shall have a minimum thickness of four inches when used solely for pedestrian traffic and a minimum thickness of six inches at all driveways. Welded-wire Fabric (6/6 - 10/10) shall be provided in all sidewalk constructed at driveways.
(i) 
Excavation shall be made to the required depth and a layer of crushed stone or cinders not less than four inches thick shall be placed and thoroughly compacted prior to laying the sidewalks when used solely for pedestrian traffic and a minimum thickness of six inches at all driveways.
(j) 
Provision shall be made in the construction of curbs and sidewalks to locate and construct wheelchair access points to sidewalks in accordance with the standards of the Pennsylvania Department of Transportation Construction Standard RC-76.
(k) 
To the extent that the site conditions or other characteristics of the subject property create a hardship for, or otherwise preclude, the applicant from installing sidewalks, the applicant may request a waiver from the Township Council from such requirement, in which case the applicant shall submit a fee-in-lieu to the Township. The amount of the fee-in-lieu contribution shall be equivalent to the estimated cost of such required sidewalk installation as determined by the Township Engineer. Such contributions may be utilized by the Township for sidewalks, trails, pedestrian pathways or recreational improvements in the Township.
[Added 10-12-2017 by Ord. No. 505]
[Ord. No. 198, passed 12-14-1989]
(a) 
The length, width, and shape of blocks shall be determined with due regard to:
(1) 
Provision of adequate sites for buildings of the type proposed.
(2) 
Topography.
(3) 
Requirements of safe and convenient vehicular and pedestrian circulation.
(4) 
Thoughtful and innovative design to create an attractive community and opportunities for the utilization of solar energy.
(b) 
Special consideration should be given to access for fire protection, whether by an emergency access easement or sidewalk installation.
[Ord. No. 198, passed 12-14-1989; Ord. No. 393, passed 2-10-2005]
(a) 
Lot dimensions and area shall not be less than specified by provisions of the Township Zoning Ordinance.
(b) 
Minimum building setback line shall be established to provide front yards required by the Township Zoning Ordinance.
(c) 
Side lot lines shall be substantially at right angles or radial to street lines. In no case shall the distance measured between the side lot lines be less than 35 feet at the street right-of-way line.
(d) 
Residential lots shall front on a public street, existing or proposed. Where it is necessary to create lots with limited frontage on a street, such flag lots shall have an access with a minimum width of 35 feet. No more than two contiguous lots shall be so formed within 200 feet of the turn-around of a cul-de-sac street.
(e) 
Double frontage lots shall be avoided, except where employed as reverse frontage lots to prevent vehicular access to major thoroughfares.
(f) 
House numbers shall be assigned to each lot or building in new subdivisions and land developments by the developer, as approved by the Township.
(g) 
On a cul-de-sac street, no part of a fifth lot and no more than four lots may have any frontage or driveway on the circumference of the turn-around or its reverse radii.
(h) 
Recognize the desirability of modifying lot frontage and minimum setbacks, where appropriate, which will facilitate solar access.
(i) 
No flag lots shall be permitted.
[Ord. No. 404, passed 1-12-2006]
(a) 
General standards.
(1) 
All required landscaping shall be installed prior to issuance of Final Use and Occupancy Permits.
(2) 
Species selected by the applicant and depicted on the approved plan shall reflect consideration of the species recommendations in the Appendices at the end of this chapter and the following:
A. 
Suitability of the plant materials, based upon the site's geology, hydrology, soils, exposure to sun and wind, and microclimate.
B. 
Functional objectives of the plantings, such as shading, visual screening, noise abatement, energy conservation and wildlife habitat enhancement.
C. 
Maintenance, availability, mortality, and replacement considerations.
D. 
Aesthetic considerations such as variety in color, texture, size and shape.
(3) 
Planting shall not be installed that will:
A. 
Block, impede, or interfere with the construction, maintenance or operation of buildings, sidewalks, roadways, lighting, drainage facilities, sanitary sewers or other utilities.
B. 
Be of an invasive nature or of a weedy or brittle character.
C. 
Be easily susceptible to pest infestations and/or diseases.
(4) 
Landscape plans shall be submitted at the time of preliminary and final plan applications, and shall conform to the following standards:
A. 
Existing and proposed improvements, including buildings, grading, utilities, lighting, signage, stormwater management structures, pavements, and other structures shall be shown and noted.
B. 
Shrub widths and tree canopies shall be depicted on the plans and elevations to represent five-years' growth after installation.
C. 
All ground plane treatments shall be identified, including grass.
D. 
The plans shall contain a plant list that shall include the following:
1. 
A key or symbol reference corresponding to labels or symbols on the plan.
2. 
The proposed quantity of each plant species.
3. 
The scientific and common plant names.
4. 
The size of the plant at installation.
5. 
The root condition.
6. 
Plant spacing, where applicable.
E. 
The plans shall contain details and specifications for installation.
F. 
The plans shall contain the signature and seal of a Pennsylvania registered landscape architect.
G. 
A cost estimate for the proposed plantings shall be submitted with the final plan.
(b) 
Plant material standards. Nursery grown plant material shall conform to those listed in the "American Standard for Nursery Stock," ANSIZ60.1, current edition, published by the American Nursery and Landscape Association (ANLA). The following are the minimum requirements:
(1) 
Shade and street trees shall have a minimum caliper of three to 3 1/2 inches at installation. A minimum of 60% of the trees shall be native to the region.
(2) 
Ornamental and flowering trees shall have a minimum of eight to 10 feet at installation.
(3) 
Evergreen trees shall have a minimum height of seven to eight feet at installation.
(4) 
A minimum of 50% of the shrubs shall be native to the region, and shall meet the following requirements:
A. 
Large shrubs shall be a minimum size of three feet in height at planting.
B. 
Small shrubs shall be a minimum size of twenty-four-inches in height or 18 inches in spread, depending on variety, at planting.
(5) 
Ground cover shrubs, herbaceous perennials, bulbs and annuals shall be spaced appropriate to type and size at installation. Ground covers shall be spaced so that 100% of the beds are covered after two-years growth.
(6) 
A variety of plant species are required as follows:
A. 
When 10 to 49 trees are required, no more than 50% may be of one species.
B. 
When 50 or more trees are required, no more than 30% may be of one species.
C. 
When 50 to 99 shrubs are required, no more than 50% may be of one species.
D. 
When 100 or more shrubs are required, no more than 30% may be of one species.
(7) 
To allow for design flexibility, plant material substitutions from the requirements may be permitted at the discretion of the Township. In such cases, the applicant must demonstrate that the general intent of the ordinances is achieved and that the substitutions represent an equivalent monetary value to the required landscaping.
(c) 
Preservation, removal, and replacement of mature trees.
(1) 
Improvements shall be located to avoid damaging existing trees. Compensatory plantings are required for any mature tree removed.
(2) 
Mature trees shall be categorized as follows:
A. 
Trees with trunk diameters from 12 up to 24 inches DBH.
B. 
Trees with trunk diameters of 24 up to 48 inches DBH.
C. 
Trees with trunk diameters of 48 inches and greater DBH.
(3) 
Trunk diameters of mature trees shall be measured at breast height (DBH) according to the following guidelines:
A. 
For single trunk trees, at a point four and 1/2 feet above grade.
B. 
For multi-trunk trees, the largest trunk at a pont 4 1/2 feet above grade.
(4) 
Tree protection standards.
A. 
Every effort shall be made to preserve and protect mature trees. A tree to be preserved shall have no disturbance within the critical root zone.
B. 
A tree shall be considered preserved if the Township's designated landscape professional determines it is in viable condition at the end of the guarantee period.
C. 
Tree conservation practices shall be noted on the soil erosion and sedimentation control plan.
1. 
All trees to be preserved shall be protected from damage by snow fencing or other effective barriers placed outside the critical root zone, unless approved by the Township to be appropriate in another location. Tree protection fencing must be installed and approved by the Township's designated landscape professional prior to the start of any clearing, grading, or other earth disturbance and monitored periodically. The applicant shall maintain the tree protection fencing, and it shall be removed only after all earth moving and construction activities that may impact tree roots are completed.
2. 
When disturbance within the critical root zone is unavoidable, applicants shall minimize encroachment and use the best available methods as approved by the Township's designated landscape professional to minimize damage and preserve trees.
3. 
Should any mature trees on the site be irreparably damaged during site preparation activities and, as a consequence thereof, die or decline as determined by the Township's designated landscape professional, within 18 months of the conclusion of construction activities, such trees shall be replaced with nursery grown material, in accordance with the compensatory planting requirements.
(5) 
Compensatory planting.
A. 
Compensatory trees shall be provided for mature trees removed as follows:
1. 
For trees of 12 inches up to 24 inches DBH, one inch of new tree caliper shall be provided for every six inches of existing tree diameter removed.
2. 
For trees of 24 inches up to 48 inches DBH, one inch of new tree diameter shall be provided for every three inches of existing tree diameter removed.
3. 
For 48 inches and greater DBH, one inch of new tree diameter shall be provided for every one inch of existing tree diameter removed.
B. 
A chart tabulating the diameter inches being removed, the diameter inches to be replaced and the proposed number of compensatory trees shall be provided on the plan. Compensatory trees shall be at least three inches caliper.
C. 
Locations of compensatory trees must be clearly indicated on the landscape plan. Compensatory trees are in addition to other required trees.
D. 
To the extent that the site conditions or other characteristics of the subject property create a hardship for, or otherwise preclude, the applicant from installing such compensatory plantings, the applicant may request a waiver from the Township Council from such requirement, in which case the applicant shall submit a fee-in-lieu to the Township. The amount of the fee-in-lieu contribution shall be equivalent to the estimated cost of such compensatory plantings, as determined by the Township Engineer. Such contributions may be utilized by the Township for tree, landscaping and recreational improvements in the Township.
[Added 11-10-2016 by Ord. No. 499]
(d) 
Start trees.
(1) 
Street trees shall be required along all existing or proposed public or private streets.
(2) 
Street trees shall be large canopy species unless site conditions dictate that smaller forms are necessary. Appendix A contains recommended species.
(3) 
Street trees shall be planted within the right-of-way at a rate of at least one tree per 50 linear feet of street frontage, or fraction thereof, without deducting the areas of driveway cuts or crosswalks. Trees shall be distributed along the entire frontage, except as required to maintain safe sight distance at intersections and driveways. To achieve certain design objectives, street trees may be clustered rather than regularly spaced, upon Township approval.
(e) 
Buffer and Screen Planting Standards.
(1) 
Buffers and screens shall be used to mitigate or eliminate views of development. Perimeter buffers (P) or screening buffers (S) shall be provided between adjoining land uses in accordance with the following table:
Agr
Rec
Res
Ins
O/L
Com.
Ind
Agriculture
P
P
P
P
S
S
S
Recreation
P
P
P
P
S
S
S
Residential
P
P
P
P
S
S
S
Institutional
P
P
P
P
P
S
S
Office/Lab
S
S
S
P
P
S
S
Commercial
S
S
S
S
S
P
S
Industrial
S
S
S
S
S
S
P
For land uses not listed on the table, the Township shall determine the required buffer type, based on the compatibility of the proposed use with adjacent uses.
(2) 
Buffer and screen requirements.
A. 
Fences, walls, and berms may be used to supplement required landscaping, but shall not replace it.
B. 
The following methods shall be used for the purpose of calculating the amount of plant material required within a buffer or screen:
1. 
A buffer length shall be measured at the property line or right-of-way line, and shall include all existing or proposed driveway openings or easements.
2. 
Where buffer yards overlap, as in the case of a front and side yard buffer, only one most stringent buffer shall apply in the area of overlap.
3. 
The length of the perimeter buffer of a stormwater management basing shall be measured along the elevation of the center of the top of the berm, around the circumference of the basin.
(3) 
Screening buffers shall be used between incompatible land uses or zoning districts. Screening buffers shall be 50 feet in width, placed along the property line, and shall comply with the following planting requirements:
A. 
One shade tree per 50 feet of length.
B. 
Two evergreen trees per 50 feet of length.
C. 
Ten small shrubs or five large shrubs per 50 feet of length.
(4) 
Perimeter buffers shall be used along all subdivision and land development tract boundary lines, along arterial street right-of-way lines, and between relatively compatible adjacent land uses and zoning districts. Perimeter buffers shall be 25 feet in width, placed along the property line or right-of-way line, and shall comply with the following planting requirements:
A. 
One shade tree per 100 feet of length.
B. 
Two evergreen trees per 100 feet of length.
C. 
Ten small shrubs or five large shrubs per 100 feet of length.
(5) 
Perimeter buffers shall be placed around stormwater management basins as follows:
A. 
The planting shall approximate naturally occurring groupings. The intention is not to screen the basin, but rather to help it blend into the development.
B. 
The basin outlet and other structures should be screened with plantings; however, plantings shall not impede the basin's function.
C. 
Trees and shrubs shall not be permitted on the constructed berms for basins. In cases where the perimeter buffer coincides with a constructed berm, required buffer plantings shall be placed in the area down slope and adjacent to the berm.
D. 
If basins are landscaped as natural habitat areas with diverse and abundant native vegetation, no perimeter buffer shall be required. Naturalistic basis shall be designed with 100% native planting including species recommended in Appendix C to promote habitat and aesthetics, and shall be graded to resemble naturally occurring landforms, with constructed banks no steeper than one-foot vertical to four feet horizontal. When approved by the Township, naturalistic basins may be installed within required yard areas.
(6) 
Site element screens shall be placed to screen visually obtrusive features. Site element screens may be reduced or eliminated when buffer plantings effectively block views of the site element, and shall comply with the following planting requirements:
A. 
Low screens shall be used around the perimeters of all parking lots and similar vehicular areas, including service stations, sales lots for motorized vehicles, and vehicular stacking lanes associated with drive-through services. Low screens shall conform to the following:
1. 
They shall be comprised of evergreen or dense deciduous shrubs to form a continuous screen or hedge, which shall reach a minimum height of three feet after two-years' growth. Berms, fencing, and walls shall be considered to supplement plantings.
2. 
Small shrubs shall be spaced no farther than three feet on center. Large shrubs shall be spaced no farther than five feet on center.
B. 
High screens shall be used around vehicular storage areas that are not used as parking lots or sales areas, around the perimeter of tank farms and similar facilities, around utility towner and equipment yards, adjacent to lading areas, around trash enclosures and storage buildings, and around transformers and similar equipment. High screens shall be comprised of either of the following:
1. 
Large evergreen shrubs spaced no farther than four feet on center, or as needed to form a continuous screen at a height of six feet after five-years' growth.
2. 
Evergreen trees spaced at most 12 feet on center, with a large shrub planted between each tree.
(f) 
Parking lot design and landscaping.
(1) 
All parking lots with five or more spaces shall be landscaped with trees and shrubs to provide shade and to improve the aesthetics; reduce the visual impact of glare, headlights, and parking lot lighting; facilitate pedestrian circulation and safety; and improve vehicular circulation by delineating driving lanes and defining rows of parking.
(2) 
Planting islands shall conform to the following standards:
A. 
Planting islands, a minimum of nine feet wide by 18 feet long, shall be spaced not more than 135 feet apart, or every 15 parking stalls, and at the end of any row of parking spaces.
B. 
Each planting island shall contain one shade tree plus shrubs and/or ground cover. Planting islands shall not be covered in grass.
(3) 
Divider strips shall conform to the following standards:
A. 
Divider strips 10 feet wide shall be placed every other bay of parking, running the length of the rows of parking and landscaped with plantings of trees, shrubs, and non-grass ground cover. A bay of parking is the width of pavement needed to accommodate either one or two rows of parking stalls plus one access lane.
1. 
One shade tree or two ornamental trees shall be required for each 30 feet of divider strip.
2. 
One large shrub or two smaller shrubs shall be required for each 10 feet of divider strip.
B. 
If a sidewalk is proposed within the strip, the divider strip shall be increased in width by six feet to accommodate the sidewalk.
(4) 
Plantings shall be placed between parking lots and buildings according to the following standards:
A. 
Plantings are required from any side of a building facing a parking area. Plantings are not required along the sides of buildings containing service or loading areas. If part of a side of the building faces parking, only that portion is subject to this requirement.
B. 
The minimum planting requirement shall be one shade tree per 50 feet of building facade plus five small shrubs per 20 feet of building facade.
(g) 
Guarantee and maintenance.
(1) 
All landscape materials shall be financially secured, guaranteed and maintained including, without limitation, compliance with the following:
A. 
After installation, the Township shall perform an inspection of the finished site for compliance with the approved landscape plan. Provided the final site is found to be in compliance, the eighteen-month guarantee period shall commence five days from the date of inspection. All plants shall be in a vigorous and thriving condition at the end of the guarantee period, as determined by the Township in a final inspection.
B. 
Plants found to be in poor condition during the guarantee period shall be replaced in accordance with the approved landscape plan. If the original plants declined due to poor species selection, substitute plants as approved by the Township shall be used. All replacement plants shall be subject to a new eighteen-month guarantee period and inspections by the Township as prescribed above.
C. 
Where accidental damage or vandalism of plants occurs, the applicant shall replace the damaged plant material in accordance with the plan or an approved substitution.
D. 
The applicant shall post financial security for the maintenance and/or replacement of the proposed vegetation during the guarantee period. The final security shall be equal to 110% of the amount of the cost estimate submitted with the approved landscape plan.
E. 
Landscape improvements required by this section shall be the subject of suitable restrictive covenants, rules and regulations governing the use and maintenance of common land and facilities, in form and substance acceptable to the Township Solicitor and, in the case of covenants, recorded as encumbrances running with the land on which the improvements are installed. The covenants, rules and regulations shall, without limiting the foregoing, require the maintenance and replacement and prohibit the destruction and removal of all landscape materials and improvements depicted on the approved landscape plan, empower the Township to enforce the said obligations, and prohibit the amendment or termination of any of the mandatory terms thereof without the express joinder of the Township.
(h) 
Timber harvesting/clear-cutting.
[Added 11-10-2016 by Ord. No. 501]
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
CLEAR-CUTTING
The removal of all trees greater than 12 inches dbh on a site, or any portion thereof greater than 1/2 acre in contiguous area, during a single timber harvesting operation or within a three-year period.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter or a tree trunk, measured at a point 4.5 feet from the average ground surface at the base of the tree.
INVASIVE SPECIES
Plant species not native to local natural communities that grow and spread aggressively and displace native plants. Also called "exotics" and "aliens," these species tend to reproduce prolifically and outcompete native plants for light, space and nutrients, reducing plant diversity and wildlife habitat.
LAND DISTURBANCE
Any activity subject to a permit or approval issued by the Township which exposes soils, alters topography, and/or alters vegetation, except for the removal of hazardous or alien vegetation. Customary agricultural practices such as tilling, plowing, mowing and harvesting are excluded from the definition of land disturbance. Customary landscaping practices in practice prior to or at the date of adoption of this definition are also excluded from this definition (e.g., mowing, planting, and trimming ornamental vegetation).
PNDI
Pennsylvania Natural Diversity Inventory.
PNDI SITES
Sites identified in the PNDI as possessing state-recognized floral or faunal species of special concern.
TIMBER HARVESTING OPERATION
The cutting and removal of more than 10 trees of greater than 12 inches dbh in a twelve-month period for commercial purposes, from any lot or tract. The removal of dead or diseased trees or nonnative invasive species, the cutting of trees for personal firewood use or as a part of a Christmas tree farming operation, or the clearing of an area in accordance with an approved subdivision or land development plan or building permit shall not be considered as timber harvesting operations. Forestry, as defined by the Pennsylvania Municipalities Planning Code, as amended, shall be considered a timber harvesting operation and shall require the submittal of a timber harvesting plan and issuance of a timber harvesting permit. Several types of timber harvesting methods are defined as follows:
A. 
The establishment of a new even-aged stand from the development of new trees after removal in a single cutting of all trees in the previous stand, except trees reserved as part of the Bureau of Forestry reservation guidelines. Regeneration is established after the cut from one or more of the following: natural seeding, direct seeding, planted seedlings, or coppice regeneration. Fences, herbicide, or fertilizer are options to protect or enhance established regeneration for any of the areas having significant deer browsing or other inhibiting vegetation problems.
B. 
A timber harvesting treatment in which all trees over a specified diameter may be cut. Diameter-limit cuts often result in high-grading.
C. 
The removal of trees in different areas to create openings in the forest canopy to stimulate regeneration of shade-intolerant species.
D. 
A type of timber harvesting in which larger trees of commercially valuable species are removed with little regard for the quality, quantity, or distribution of trees and regeneration left on the site; often results when a diameter limit harvest is imposed.
E. 
The removal of trees of undesirable species, form or condition from the main canopy of the stand to improve the health, composition and value of the stand.
F. 
The removal of dead trees or trees being damaged or dying due to injurious agents other than competition, to recover value that would otherwise be lost.
G. 
A method of creating new age classes in uneven-age stands in which individual trees of all size classes are removed more or less uniformly throughout the stand to achieve desired stand structural characteristics and regenerate shade-tolerant species.
TIMBER HARVESTING PLAN
A written description, by means of text and maps, of existing natural resources, and all proposed actions and impacts involving the removal of trees from a tract of land as outlined herein.
TOPS
The upper portion of a felled tree not merchantable because of small size, taper or defect.
A. 
Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species as well as the removal of humus or duff from the ground;
B. 
Any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow;
C. 
Woodland disturbance does not include the following:
1. 
Removal of vegetation which constitutes hazardous condition(s); nor
2. 
Selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species including, but not limited to, the following species: Rosa multiflora (Multiflora Rose), Eleagnus umbellata (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet) Acer platanoides (Norway Maple), Pueriria Iobata (Kudzu) and Polygonum perfoliatum (Mile-a-Minute Weed).
D. 
Where woodland disturbance is regulated as a timber harvesting operation, such operation shall not be separately regulated as woodland disturbance.
WOODLAND EDGE
The outer border area of a woodland that is directly in contact with and more subject to potentially detrimental influences originating from adjacent nonwoodland areas. Such influences may include light, wind, noise and invasive species, for example, and may harm the ecological health and integrity of the woodland. New woodland edges are typically created when existing woodlands are cut, logged or disturbed.
(2) 
Timber harvesting. The following regulations shall apply to timber harvesting operations.
A. 
Purpose.
1. 
To recognize that forest management and tree harvesting are important, legitimate activities in the forestland of Upper Providence Township, Delaware County, Pennsylvania.
2. 
To provide for the regulation of such activity to ensure:
a. 
That long-term production of forest crops and benefits is encouraged.
b. 
That the right to harvest trees is exercised with due regard for the protection of the physical property of adjacent landowners.
c. 
That the potential for negative environmental impacts resulting from improper tree harvesting is minimized.
B. 
Applicability. This section shall apply to all timber harvesting operations within the Township.
C. 
Timber harvesting permit required.
1. 
Timber harvesting operations shall not commence until a timber harvesting permit is approved by the Township Zoning Officer. Applicants may obtain a permit by one of two means:
a. 
By enrolling in the Pennsylvania Bureau of Forestry Forestry Stewardship Program; completing the Forestry Stewardship Plan and a Treatment Unit Sustainability Assessment Form required under said program for a timber harvest; submitting documentation to the Township as required in Subsection (h)(2)D; and by complying with Subsection (h)(2)F through I, herein.
b. 
By submitting to the Township a timber harvesting plan meeting the requirements in Subsection (h)(2)E, and by complying with Subsection (h)(2)F through I, herein.
2. 
All timber harvesting permit applications shall include a timber harvesting plan prepared by a professional forester.
3. 
Information provided on required erosion and sedimentation pollution control plans, or other plans required for state permits, may be used to satisfy the requirements for the timber harvesting plans required in Subsection (h)(2)D and E, below.
4. 
Within 30 days of receipt, the Township Zoning Officer shall approve or deny the permit application. A determination by the Zoning Officer that a permit application is incomplete or that additional information is required pursuant to this subsection shall be construed as a denial of the application, subject to the applicant's ability to submit additional, complete information as required. Any approval shall be subject to reasonable conditions imposed by the Zoning Officer. The applicant shall be notified of the decision in writing. Nothing herein shall be construed to grant an applicant a deemed approval if such time periods are not satisfied. Further, such period may be extended at the request of, or within the consent of, the applicant.
D. 
Permit requirements for applicants who enroll in the Pennsylvania Bureau of Forestry Forestry Stewardship Program. Applicants shall submit to the Township Zoning Officer:
1. 
A copy of the forest stewardship plan, including the executed signature page;
2. 
A completed Treatment Unit Sustainability Assessment Form (TUSAF) that provides an analysis of trees to be cut;
3. 
A letter from the District Forester approving the TUSAF; and
4. 
The accepted recommendations and terms of the TUSAF shall serve as Township permit conditions, in addition to required compliance with Subsection (h)(2)F through I, as applicable, below.
E. 
Permit requirements for applicants who choose not to enroll in the Pennsylvania Bureau of Forestry Forest Stewardship Plan. Applicants shall submit to the Township Zoning Officer:
1. 
The timber harvesting plan shall contain the following elements:
a. 
Site location and boundaries of both the entirety of the property upon which the timber harvesting operation shall occur and the specific area proposed for timber harvesting (specific area boundaries are defined by the outermost trees identified for removal);
b. 
Significant site features, including but not limited to structures, water courses, and Flood Hazard and Wet Soils District boundaries;
c. 
Demonstration that no timber harvesting shall occur in the Flood Hazard and Wet Soils District except as permitted under this subsection.
d. 
Proposed site access routes, including the location of the proposed operation in relation to municipal and state highways and the specific routes proposed for use in moving equipment and removing the harvested timber; and the gross vehicle weight, axle load, and size of vehicles to be used in timber removal.
F. 
Timber harvesting permit standards of all applicants. All applicants for a timber harvesting permit shall submit and demonstrate compliance with the following:
1. 
Copies of information submitted to the Delaware County Conservation District as part of an erosion and sedimentation control plan, where required, including:
a. 
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
b. 
Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars; and
c. 
Design, construction, and maintenance of proposed stream and wetland crossings.
2. 
A signed acknowledgement by the applicant that, following approval of the timber harvesting plan, the Township shall be notified of the:
a. 
Work start date no later than five days prior to commencement of timber harvesting operations; and
b. 
The work stop date no later than five days prior to the expected completion of the timber harvesting operation.
3. 
The timber harvesting operation shall address and comply with the requirements of all applicable state laws and regulations. Copies of all permits required by other agencies shall be submitted to the Township not less than 20 days prior to commencement of a timber harvesting operation.
G. 
Road protection standards.
1. 
Timber harvesting operations shall comply with the following:
a. 
Harvested trees shall not be loaded onto transport vehicles within a public right-of-way absent written approval from the Township and absent appropriate traffic control and safety measures.
b. 
Felling or skidding of harvested trees across a public right-of-way is prohibited unless written approval is obtained from the Township or PennDOT, whichever is responsible for maintenance of the roadway.
c. 
Slash resulting from timber harvesting shall be cut to a height of four feet or less if left on site, or chipped and recycled on site. The burning of slash shall be prohibited. Slash shall not be left within 25 feet of a public right-of-way, private roadway or property line.
d. 
All litter as a result of a timber harvesting operation shall be removed from the site before it is vacated by the applicant.
2. 
The applicant shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation, to the extent that the damage is in excess of that caused by normal traffic. When the Township determines that proposed timber harvesting operations pose a significant threat of damage to Township roadways, the Township may require the posting of a bond or other approved security in an amount equal to the potential cost of road repair.
H. 
Fees. Fees for permits and hearings shall be paid in accordance with a schedule of fees adopted by the Township Council.
I. 
Enforcement. The Township shall be permitted access to the site of any timber harvesting operation before, during, and after active timber harvesting to review, inspect and ascertain compliance with the provisions set forth herein. The Township may engage the services of a SAF certified forester or other experts to determine compliance. The cost to the Township of such expert assistance shall be reimbursed by the applicant in addition to the application fee.
[Ord. No. 198, passed 12-14-1989]
(a) 
Legislative intent and purpose.
(1) 
It is the intent of this section to establish regulations and procedures governing the modification of natural terrain, to include, but not be limited to, indiscriminate and/or excessive removal, cutting, pruning and/or destruction of trees; the alteration of drainage; and the maintenance and/or erection of artificial structures and surfaces, in order to provide storm water management so as to reduce flooding, to control erosion and sedimentation and to assure the public health, safety and general welfare in Upper Providence Township.
(2) 
This section will regulate and establish procedures for certain grading, paving, earth-disturbing, drainage alteration and tree maintenance and/or removal within this Township.
(b) 
Applicability/jurisdiction.
(1) 
The management of storm water on the site, both during and upon completion of the disturbances associated with the proposed subdivision or land development, shall be accomplished in accordance with the standards and criteria of this section. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with these Regulations and the interpretations of the Township Engineer.
(2) 
At the time of application for a building permit for any approved lot created by a subdivision and/or lot improved as a land development under the terms of these Regulations, issuance of the permit shall be conditioned upon adherence to the terms of this section.
(3) 
Any earth disturbance activity on a tract of land within the Ridley Creek Watershed District shall be subject to the provisions of Section 1230.20.
(c) 
Definitions. Unless otherwise expressly stated, the following words shall, for purposes of this section, have the meanings herein stated:
(1) 
CUT — Any ground excavation, as defined herein.
(2) 
DISCHARGE — The outflow of water, silt or other mobile substances passing along a conduit, watercourse or channel or released from any type of detention or storm water management feature.
(3) 
EARTH-DISTURBANCE ACTIVITY — Paving, filing, stripping, grading, regrading, cutting, excavating, removal of vegetation or natural ground covers, tree removal, digging or earth moving undertaken by any person on public or private property.
(4) 
EROSION — The processes by which soil particles are detached and transported by action of natural forces, such as water, wind or chemical action.
(5) 
FILL — Any earth disturbance activity resulting in a difference between any given point on the original ground level and the same point on the final ground level once the earth disturbance activity has been completed, wherein the final ground level is at a higher elevation than the original ground level.
(6) 
GROUND EXCAVATION — Any earth-disturbance activity resulting in a difference between any given point on the original ground level and the same point on the final ground level once the earth disturbance activity has been completed, wherein the final ground level is at a lower elevation than the original ground level.
(7) 
HABIT — The natural growing characteristics of any tree, as defined herein, which includes branch spread and distribution, branch height above ground and root spread and distribution.
(8) 
IMPROVEMENTS — Those physical changes to the land necessary to produce usable and desirable lots from raw acreage, including, but not limited to, grading, paving, curbing, gutters, storm sewers and drains, improvements to existing watercourses, sidewalks, streets, crosswalks, street signs, monuments, water supply facilities and sewage disposal facilities.
(9) 
PERSON — Any individual, firm, partnership, association, corporation, public agency, public utility or any other entity.
(10) 
RUN-OFF — That portion of water, to include surface run-off, surface ground water run-off or seepage, that is discharged from any particular lot.
(11) 
SEDIMENTATION — The processes by which solid particles are deposited by the action of natural forces.
(12) 
SLOPE — The degree of deviation of a surface plane from the horizontal, usually expressed in percentage, as derived by dividing the vertical distance by the horizontal distance over which the vertical change is measured, e.g. 25% equals 25 feet vertical: 100 feet horizontal. A steep slope shall be considered any "slope" with a deviation of 25% or more.
(13) 
SOIL STABILIZATION — Chemical, physical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its structural properties, to ensure its resistance to erosion, sliding or other movement.
(14) 
STORM WATER MANAGEMENT FEATURES (FACILITY) — Any element in a storm water management system, as defined herein, which is made or improved by man. Two special facilities of this nature are:
A. 
DETENTION BASIN — A basin designed for storage of storm water to reduce peak discharges. It is characterized by shorter detention periods and is normally dry except for short periods following the storm event.
B. 
RETENTION BASIN — A basin designed for impoundment of storm water to reduce peak discharges. It is usually wet all of the time but is designed to store excess storm water above the normal pool elevation. Release rate is usually more gradual over an extended period of time.
(15) 
STORM WATER MANAGEMENT SYSTEM — The facilities used for conducting the storm water to, through or from a drainage area to the point of final outlet, including, but not limited to, any of the following: pipes, conduits and appurtenant features, canals, channels, swales, ditches, streams, culverts, streets, pumping stations, ponds and basins.
(16) 
TREE — Any living woody plant which is 10 inches or more in diameter at a height of 12 inches above the base of the trunk, to include the root system, branches and ground environment within the surface area defined by the outermost limit of its branches.
(17) 
TREE MAINTENANCE — Cutting, pruning or other alteration of the habit of a tree or its environment, which would not endanger the life of such tree.
(18) 
TREE REMOVAL — Any cutting, pruning, removal or other alteration of the habit of a tree or its environment, which would endanger the life of such tree. Notwithstanding the aforesaid, this chapter shall not apply to the removal of either two trees or 10% of all trees, whichever is greater, on any given tract of land by any person in any twelve-month period.
(d) 
Activities requiring storm water management plan and permit. The following earth-disturbance activities shall require submission of a storm water management plan and approval of the Township in the form of a storm water management permit, hereinafter referred to as a "permit." Prior to the commencement of any each disturbance activity listed below, any person desiring to engage in such activity shall submit said plan to the Township or its designee, along with an application for a permit.
(1) 
Any earth-disturbance activity on a tract of land where 70% of the tract is already covered with impervious surface and the area being disturbed is at least 400 square feet or more.
(2) 
Any earth-disturbance activity where less than 70% of the tract is covered with impervious surfacing where the percentage of area disturbed will be 20% or more of the total area of the tract or 7,500 square feet, whichever is less.
(3) 
Any tree removal affecting more than 10% of the trees within the tract.
(4) 
Any earth-disturbance activity within the Flood Plain Conservation District.
(5) 
Creation of any steep slope, as herein defined.
(6) 
Any disturbing, modifying, blocking, diverting or off-setting of the natural overland or subsurface flow of storm water in the Township.
(e) 
Performance standards.
(1) 
Erosion and sedimentation. All activities involving land disturbance, whether or not a plan is prepared in accordance with these Regulations shall be consistent with the following performance standards:
A. 
All land disturbance activities shall be conducted in such a way as to prevent accelerated erosion and resulting sedimentation. To accomplish this, all persons engaged in land disturbance activities shall design, implement, and maintain erosion and sedimentation control measures which effectively prevent accelerated erosion and sedimentation.
B. 
In order to prevent accelerated erosion and resulting sedimentation, land disturbance activities related to earth-moving operations, to construction (including, but not limited to, construction of buildings and other structures), and to paving activities, shall be conducted only in conformance with the following principles:
1. 
During the period of earth-moving and, in the case of subdivisions or land developments, prior to the completion of roads, parking areas, buildings and other improvements and the establishment of vegetation or soil stabilization measures, facilities shall be installed to insure the following:
a. 
There shall be no discharge of sediment or other solid materials from the site as a result of storm water run-off.
b. 
During the period of earth-moving, peak discharges and discharge volumes from the site shall comply with paragraphs (e)(2)A. to C. hereof, and, where applicable, paragraph (e)(2)D. hereof, with the following exceptions and additions:
(A) 
Any person conducting a business or personal venture involving periodic or regular earth-moving (quarrying, topsoil removal, etc.) shall calculate run-off for facility design based upon run-off before earth-moving and run-off during the maximum period of exposure.
(B) 
Wherever soils, topography, or other conditions suggest substantial erosion potential during subdivision and land development or earth-moving, the Township, as recommended by the Township Engineer, may require that the entire volume of a two-year storm be retained on site or that special sediment trapping facilities be installed.
2. 
No earth-moving or stripping of vegetation shall be conducted in areas of greater than 25% slope unless specific approval is obtained from the Township Council with recommendations from the Township Engineer.
3. 
Earth-moving and the addition of fill will be minimized to preserve the natural features and topography and shall be conducted in accordance with Appendix A, Section I.
4. 
Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion.
5. 
To the maximum extent practical, natural vegetation shall not be removed except as provided in the approved final subdivision or land development plan or the zoning permit. The stock piling of soil over the roots of trees to be preserved is prohibited within the drip lines of the tree.
6. 
The amount of disturbed area and the duration of exposure shall be kept to a practical minimum.
7. 
The permanent (final) vegetative and structural erosion control and drainage measures shall be installed as soon as practical.
8. 
Sediment in run-off water shall be trapped in accordance with Appendix A and removed through means approved by the Township Engineer to assure adequate capacity in basins or traps.
9. 
Procedures for protecting soils or geologic formations with water supply potential from contamination by surface water or other disruption by construction activity shall be established (see Appendix C).
10. 
Such other requirements or exceptions as are consistent with these terms in the foregoing principles may be imposed or allowed by the Township Engineer.
The design requirements for controlling erosion and sedimentation during construction are set forth in Appendices A and B following the text of these Regulations.
C. 
To prevent accelerated erosion and resulting sedimentation, land disturbance activities relating to agricultural and/or logging and woodcutting operations shall be conducted only in conformance with the following principles:
1. 
Agricultural operations. All agricultural operations shall conform to the following principles:
a. 
Unless clearly impractical or unwarranted, plowing will generally conform to the contours of the property.
b. 
Drainage swales will be maintained with permanent cover of grasses, plants, or trees.
c. 
Permanent cover will be maintained within a minimum of 20 feet of a stream, and will be maintained 10 feet up slope from property lines unless a written waiver is received from the abutting landowner.
d. 
Run-off from buildings and other impervious surfaces shall be directed around areas where spent mushroom compost is stored, where sod or plants are regularly removed, where livestock are confined or where tillage crops are planted, or shall be otherwise controlled to prevent direct transport of pollutants (including sediments) to streams.
e. 
Tillage and nursery operations shall not be conducted on slopes exceeding 15%, and sod operations shall not be conducted on slopes exceeding 8%, except where minimum tillage methods approved by SCS or the Delaware County Conservation District are followed.
f. 
Diversion terraces or cover crops no less than 10 feet in width shall be provided at a maximum of two-hundred foot intervals on slopes between 8% to 15% where tillage or sod crops are planted.
g. 
Any earth-moving other than tillage operations shall conform to all earth-moving standards of this section.
h. 
A vegetative cover strip extending 10 feet from the edge of the cartway of any road shall be permanently maintained.
2. 
Logging or woodcutting operations. All logging or woodcutting operations conducted with or prior to a land development shall be conducted only in conformance with the following principles and standards and may affect no more than 10% of the trees within the tract; otherwise removal is prohibited until the granting of a storm water management permit:
a. 
Stumps, ground cover, and root mat must be left intact until land development plans are approved and erosion and sedimentation control facilities are installed.
b. 
Methods for removal of logs and the removal routes shall be specified in a plan, approved by the Township Engineer, and shall not include traversing slopes between 15% to 25% at more than the minimum gradient possible.
c. 
On slopes between 10% to 25%, logging shall be limited to the cutting or removal of less than one-third of even-aged and noncontiguous trees.
d. 
On slopes exceeding 25%, logging and woodcutting shall be by specific approval of the Township Council and shall be limited to a highly selected removal of trees. Maximum precautions shall be taken to avoid destruction or injury of understory brush and trees.
D. 
Protection of adjacent property.
1. 
No person shall engage in earth-moving sufficiently close to a property line to endanger any adjoining public street, sidewalk, alley, or other public property from settling, cracking, or other damage which might result from such earth-moving. If, in the opinion of the Township Engineer, the nature of the earth-moving is such as to create a hazard to life or property unless adequately safeguarded, the applicant shall construct walls, fences, guard rails, or other structures to safeguard the public street, sidewalks, alleys or other public property and persons.
2. 
No person shall dump, move, or place any soil or bedrock, or increase the flow of water so as to cause the same to be deposited upon or roll, flow or wash upon or over the premises of another, without the express consent of the owner of such premises so affected, or upon or over any public street, street improvement, road, storm sewer drain, watercourse, right-of-way or any public property.
3. 
No person shall, when hauling soil, bedrock or other material over any public street, road, alley, or public property, allow such material to blow or spill over and upon such street, road, alley, or public property or adjacent private property.
4. 
If any soil, bedrock, or other material or water or liquid is caused to be deposited upon or to roll, flow, or wash upon any public property or right-of-way in violation of the above paragraphs of this subsection, the Township shall cause the removal of the same and the cost of such removal shall be paid to Upper Providence Township by the person who failed to so remove the material and shall be a debt due the Township. The cost of such removal shall be a lien against all property and all rights of property, real or personal, of any person liable to pay the same from and after the time said cost is due and payable. The cost of such removal shall be collected in the manner of said taxes or from escrow funds established for the land development activity.
(2) 
Permanent storm water management. All subdivisions and land development activities involving an increase in impervious cover shall be conducted in conformance with the following performance standards:
A. 
After installation of impervious cover, peak discharge from the site shall not exceed the before-construction peak discharge rate from a two-year, twenty-four-hour storm of 3.2 inches of rainfall to all storms up to a ten-year, twenty-four-hour storm of five inches of rainfall. Peak discharges for any storms of greater than ten-year frequency, up to and including a one-hundred-year storm, shall not exceed the peak discharges from the site before development of such storms, including:
1. 
A twenty-five year, twenty-four-hour storm of 5.7 inches of rainfall;
2. 
A fifty-year, twenty-four-hour storm of 6.4 inches of rainfall; and
3. 
A one-hundred-year, twenty-four-hour storm of 7.2 inches of rainfall.
B. 
After installation of impervious cover, or during land disturbance activities under paragraph (e)(1)B. hereof, and where the Township has not required that the entire volume of a two-year storm be retained on site, there shall be no increase in the total volume of storm water run-off over that which was discharged prior to development as a result of a two-year, twenty-four-hour storm.
C. 
In calculating run-off prior to development or change in use the following assumptions shall apply:
1. 
Woodland shall be used as the prior condition for those portions of the site having trees of greater than six inches caliper d.b.h. or where such trees existed within 18 months of application;
2. 
Meadow shall be used for all other areas, including areas which are presently covered by impervious surfaces;
3. 
Average antecedent moisture conditions; and
4. 
A Type II distribution storm.
D. 
Under certain conditions, the Township, upon recommendation by the Township Engineer, may impose the following additional restrictions of storm water discharges:
1. 
Peak discharge rates on storms in excess of the ten-year storm may be further restricted when it can be shown that a probable risk to downstream structures or unique natural areas exists or that an existing flooding problem would be further aggravated.
2. 
Measures may be imposed to protect against ground or surface water pollution where the type of business or the nature of the soils underlying a run-off structure would constitute a substantial risk of contamination.
E. 
All plans and designs for storm water management facilities submitted to the Township Engineer for approval shall determine storm water peak discharge and runoff by use of the Soil Cover Complex Method as set forth in Urban Hydrology for Small Watersheds. Technical Release No. 55, with specific attention given to antecedent moisture conditions, flood routing, and peak discharge specifications included therein and in the Hydrology National Engineering Handbook, Section 4, both by U.S. Department of Agriculture, Soil Conservation Services. The Township Engineer, however, may permit the use of the rational method for calculation of run-off on land developments of 10 acres or less and for the design of storm sewers.
F. 
Storm sewers and drainage swales shall be designed according to Appendix A, Section V.
G. 
In calculating run-off after development, those areas covered by concrete lattice blocks on an appropriate base (as outlined in Appendix B.IV.), porous pavement areas on an appropriate base and roof areas which drain to properly designed and installed seepage beds shall not be considered to result in increased run-off from a two-year storm. Concrete lattice blocks or porous paving and seepage beds for roof drainage shall be required under the following conditions:
1. 
Cisterns and/or infiltration structures, designed and sized in accordance with Appendix B, shall be provided to hold and/or infiltrate roof drainage whenever total impervious surfaces (streets, buildings, parking areas, driveways, etc.) will exceed 10% of a residential tract or lot or 30% of a nonresidential tract or lot, and the subject tract or lot or a contiguous property(ies) is dependent on well water supplies on their own site.
2. 
Total impervious coverage shall be restricted to the amount noted below by substituting concrete lattice blocks and/or porous paving for the amount of conventional paving materials which would exceed the total impervious coverage limits, provided, however, that buildings or other impervious surfaces shall not exceed the maximum limits noted.
a. 
Whenever the tract or lot or a contiguous property is dependent on well water supplies on site, total impervious coverage shall not exceed 25% of a residential tract or lot or 60% of a nonresidential tract or lot.
b. 
Whenever the tract or lot or a contiguous property does not depend on well water supplies on site, total impervious coverage shall not exceed the maximum required by the base zoning district of the tract or lot.
H. 
In order to improve the quality and general utility of storm water management plans, subdivision and land development and building construction shall be planned, designed, and constructed only in conformance with the following principles:
1. 
Erosion and sediment control and storm water management control facilities shall be incorporated into all building site designs and the overall design of any subdivision or land development or improvement in such ways that they may serve multiple purposes such as wildlife areas, recreational areas, fire prevention ponds, etc.
2. 
The natural infiltration and water resource potential shall guide design, construction, and vegetation decisions (as detailed in Appendix C, Soil Use Guide). Run-off in excess of natural conditions from roofs and other surfaces which are unlikely to contain pollutants shall be recharged to the ground water table or stored for nonpotable water uses to the maximum extent possible.
3. 
Existing trees and shrubs shall be preserved and protected to the maximum extent possible.
4. 
All natural streams, channels, drainage swales, and areas of surface water concentration shall be maintained in their existing condition except where changes can be justified on the basis of other design standards of these Regulations.
(f) 
Application and submission requirements.
(1) 
Any person wishing to engage in activities requiring a storm water management plan must first submit the following items:
A. 
A completed application for each disturbance activity as specified in subsection (d) hereof.
B. 
A storm water management plan conforming to the performance standards as specified under subsection (e) hereof and including the following:
1. 
A sketch or plan of the area shall be submitted, indicating the location and size of all trees, the location of each tree which is proposed to be removed or whose habit will be altered by any such disturbance activity, the location of each tree which is proposed to be removed or whose habit will be altered by any such disturbance activity, the location of any pre-existing or proposed improvements on the property and any additional information that the Council, or its designee, may deem necessary for evaluation of the plan.
2. 
All information required by Title 25, Chapter 102, of the Pennsylvania Code, Erosion and Sedimentation Control, as amended, not already furnished in accordance with the above subsections, shall be submitted.
C. 
A permit fee in an amount as may be specified by resolution of Council from time to time.
D. 
A performance bond, as specified under subsection (i) hereof.
(2) 
In no event may any person commence any activity requiring a storm water management plan without having first obtained a permit from the Township.
(g) 
Storm water management permit.
(1) 
Conditions upon issuance. In granting any permit the Council may attach such conditions thereto as it may deem reasonably necessary to prevent danger to public or private property or to any sewer, storm drain or watercourse or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance, to include, and not be limited to, Pennsylvania Code Title 25, Chapter 102, Erosion Control Requirements. Such conditions may include, but are not limited to, the erection or installation of walls, drains, dams and structures, run-off and erosion control measures or devices, furnishing necessary easements and a specified method of performing work and proper removal and/or maintenance of trees, plantings and vegetation. No permit shall be issued until a storm water management plan is approved by the Township and the applicant certifies that all earth disturbance activities shall be performed pursuant to the storm water management plan.
(2) 
Expiration of permits. Every permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within six months or is not completed within one year from the date of issuance, provided that the Township may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits, grant a reasonable extension of time, provided that written application for an extension of time is made before the date of expiration of the permit.
(3) 
Revocation or suspension. Any permit issued under this section may be revoked or suspended by the Township, in its sole discretion, after five days written notice for:
A. 
Violation of any condition of the permit.
B. 
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work.
C. 
The existence of any condition or the doing of any act constituting or creating a nuisance, hazard or danger to human life or the property of others.
(h) 
Maintenance of facilities.
(1) 
All storm water management facilities, including retention and detention basins designed and constructed for the purposes specified under this chapter, shall be maintained in proper working order in accordance with design plans filed with the Township and shall be the responsibility of the property owner(s) upon whose property the facilities are located. In the case of a subdivision and/or land development, the developer may, if so desired, establish a homeowners' association that, with Township approval, shall be considered the responsible owner of all storm water management facilities located in the area of development.
(2) 
In order to ensure proper maintenance and function of storm water management facilities, the Township may perform inspections, carried out on a random basis.
(3) 
If, at any time, the Township discovers any violation or condition not conforming to the designs and plans filed with the Township in regard to the operation of a storm water management facility, it shall notify the responsible owners of the violation in writing.
(4) 
In the event that the owner or homeowners' association, as the case may be, shall refuse or neglect to comply with the provisions of this chapter or the requirements of the Township, the Township may then order the work that may be required to correct the violation, in compliance with the terms of this chapter, and assess all the expense of such compliance against the owner or members of the homeowners' association, such amount to be collectible either against the performance bond, as herein specified, or as municipal claims are now collected by law, in the sole discretion of the Township.
(i) 
Performance bond; liability.
(1) 
Security; conditions; amount. The Township may, before issuing a permit, require a performance bond or such other surety in a form and amount satisfactory to the Council, approved by the Township Solicitor and conditioned upon the faithful performance of the run-off and erosion control measures and other conditions specified in the permit within the times specified or within any extension thereof granted by the Township, in the amount of the total estimated cost of all erosion and sediment control measures and safeguards of adjoining properties, or, in the alternative, a deposit of funds or securities equal in value to the cost of improvements pursuant to the provisions of an escrow agreement providing, inter alia, that no portion of said funds may be released except upon order of the owner, the homeowners' association and the Township, or a designated official of the Township, for payment of the cost of labor, material and other costs of the installation of the aforesaid improvements. In the event that the owner or homeowners' association shall fail to complete the improvements within a prescribed period of time, the Township shall have the right to demand and receive from the escrow account the amount then remaining in the escrow funds.
(2) 
Default. Whenever the Township shall find that a default has occurred in the performance of any term or condition of the permit or bond, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Township to be reasonably necessary for the completion of such work. In the event of any default in the performance of any term or condition of the permit or the bond, the Township, the surety or any person employed or engaged on his or her behalf shall have the right to go upon the site to complete the required work or to make it safe. In the event that the Township undertakes the completion of the work or to make it safe with the funds from the escrow fund, such escrow funds shall be used to pay the cost of contracting, including engineering and administration, for restoration of the site to meet the requirements of the permit. If the cost of the completion of the work or making it safe exceeds the amount of the escrow fund or performance bond, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs, and expenses incurred by the Township shall be a personal obligation of the permittee and shall be a lien upon the premises, and the Township Solicitor may be authorized to file a municipal claim or an action of assumpsit for such costs and expenses in the manner provided by law for the collection of debts and municipal claims. In addition, any default will subject the violator to the penalty provisions of subsection (k) hereof.
(3) 
Return of bond. A performance bond or escrow fund shall remain in force and effect until it is found that the work authorized by the permit has been satisfactorily completed. At such time, the Township Engineer shall certify to the Council that the work is approved, and the performance bond or escrow fund can be returned to the depositor or his or her successors or assigns.
(4) 
Indemnification. The permittee, any contractor, subcontractor or any other person employed by him or her shall indemnify and hold harmless the Township for any claim that might arise from or out of the performance of any work pursuant to the terms of this chapter.
(j) 
Inspections.
(1) 
Inspections of any earth-disturbance activity covered by this chapter may be performed by the Township or its designee and will be carried out on a random basis to assure full compliance with the storm water management plans on file in the Township.
(2) 
No person shall interfere with or obstruct the ingress or egress to or from any such site or premises by an authorized representative or agent of any surety or of the Township engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.
(3) 
If, at any stage of work, the Township shall determine, by inspection or otherwise, that the nature of the activity is such that further work as authorized by an existing permit is likely to endanger property or streets or alleys or create hazardous conditions, the Township may require, as a condition to allowing the work to proceed, that such reasonable safety precautions be taken as the Township considers advisable to avoid such likelihood of danger, to include the replacement of improperly removed trees with any number, kind or size of tree(s) as the Township or its designee deems appropriate.
(k) 
Violations and penalties. In addition to provisions contained herein with regard to default, if it is found, during inspections or otherwise, that the soil or other conditions are not as stated or shown in the approved application and storm water management plan, the Township may refuse to approve further work and may revoke any and all permits until approval is obtained for a revised storm water management plan and/or application conforming to existing conditions. Further penalties shall be according to Section 1222.99.
[Ord. No. 198, passed 12-14-1989]
(a) 
Purpose. The specific purposes of this section are:
(1) 
To manage storm water run-off resulting from land alteration and disturbances in accordance with the Ridley Creek Storm Water Management Plan and the Pennsylvania Storm Water Management Act (Act 167).
(2) 
To utilize and preserve the desirable existing natural drainage systems and to preserve and restore the flood-carrying capacity of streams.
(3) 
To maintain existing flows and quality of streams.
(4) 
To maximize recharge of ground waters and encourage natural infiltration of rainfall to preserve ground water supplies and stream flows.
(5) 
To provide for adequate maintenance of all permanent storm water management structures in the watershed.
(b) 
Applicability/jurisdiction. This Ridley Creek Storm Water Management section shall apply to all forms of land alteration and disturbances relating to subdivisions and land developments being undertaken within the Ridley Creek Watershed in Upper Providence Township. It supersedes any other conflicting provisions which may be in effect in the Ridley Creek Watershed; however, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive.
(c) 
Township liability. The grant of approval of a plan for any proposed subdivision and/or land development to be located within the Ridley Creek Storm Water Management District shall not constitute a representation, guarantee, or warranty of any kind by the Township of Upper Providence or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Township of Upper Providence, its officials, or employees.
(d) 
Definitions. As used in this section, the following words shall have the meanings herein stated:
(1) 
BASE-FLOW — The normally occurring small flow in a stream.
(2) 
DESIGN STORM — A statistically determined rainfall event having a specific distribution of rainfall (inches of precipitation) over a specific time interval with an associated frequency.
(3) 
DETENTION BASIN — A basin designed to retard storm water run-off by temporarily storing the run-off and releasing it at a predetermined rate.
(4) 
DEVELOPMENT — Any improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose (including the expansion of, or addition to, existing improvements) resulting in the creation of an additional 7,500 or more square feet of impervious land area.
(5) 
DIRECT DISCHARGE — A storm water management option which allows for the discharge of the total storm water run-off flows from a development site through outfalls directly into Ridley Creek.
(6) 
DISCHARGE RATE — The flow rate at which run-off is allowed to leave a development site.
(7) 
DOWNSTREAM IMPACT EVALUATION — One of two hydrologic studies which may relieve a developer from implementing the release rate percentage storm water run-off control criterion.
(8) 
DRAINAGE — Surface water run-off.
(9) 
DRAINAGE SYSTEM — Natural features, pipes, swales and other man-made improvements to carry drainage.
(10) 
EXISTING/PRE-DEVELOPMENT CONDITIONS — Those conditions which were present on any site prior to the date of adoption of the storm water management plan or subsequent updates by the County.
(11) 
FLOW RATE — See "Rate of Run-off".
(12) 
FREQUENCY — The likelihood of a storm occurrence developed from recorded events, typically expressed as a return period such as the twenty-five-year storm.
(13) 
GROUND WATER RECHARGE — Replenishment of existing natural ground water supplies.
(14) 
HYDROGRAPH — A record of the flow rate leaving a site or passing a point in a stream channel with respect to time, and displayed as a graph of flow rate vs. elapsed time or as a listing of flow rates at respective times of occurrence. For the purpose of this section, the hydrographs developed as part of the Ridley Creek Storm Water Management Plan shall be used.
(15) 
IMPERVIOUS SURFACE — A surface which prevents the absorption of water into the ground. All buildings, driveways, roads, sidewalks and any areas in concrete, asphalt, etc., are considered impervious within this definition.
(16) 
IMPROVEMENT — Any man-made, immovable structure or facility which becomes part of, is placed upon, or is affixed to, real estate.
(17) 
INFILTRATION — The penetration and movement of water through the earth's surface.
(18) 
NORMAL FLOW — See "Base-Flow."
(19) 
PEAK DISCHARGE — The maximum rate of flow of water at a given point and time resulting from a specified storm event.
(20) 
RATE OF RUN-OFF — Expression (in cubic feet per second) of the volume of water passing a particular point at defined time intervals as specified by the Act 167 Storm Water Management Plan for the Ridley Creek Watershed.
(21) 
RELEASE RATE PERCENTAGE — The primary performance standard of the watershed plan which defines the percentage of the pre-development peak storm water run-off rate that shall be considered the base run-off rate for a particular site. The specific release rate percentage for each sub-area prescribes the percentage of the pre-development rate of run-off which may leave the site after development.
(22) 
RETURN PERIOD — A storm event which is expected to occur over specific time intervals (i.e. a twenty-five-year storm, which is expected to occur every 25 years, or has a four-percent chance of occurring in any given year). See "Frequency."
(23) 
RUN-OFF — Storm water run-off.
(24) 
SHARED STORAGE — Facilities which control the storm water run-off from more than one development site.
(25) 
STORAGE FACILITY — Any facility used for temporary or permanent storage of storm water run-off.
(26) 
STORM WATER MANAGEMENT FACILITIES/STRUCTURES — Any and all elements of storm water control systems, including basins, swales, pipes, conduits, etc.
(27) 
STORM WATER MANAGEMENT PLAN — The portion of the development plan which indicates the existing site conditions and method(s) for the post-development control of storm water run-off in conformance with Act 167 and the watershed plan.
(28) 
STORM WATER RUN-OFF — The excess water resulting from a precipitation event which exceeds the amount that can percolate (infiltrate) or be absorbed into the ground, collects in channels and conduits, and is carried by receiving streams.
(29) 
SUB-AREA — One of the 63 sub-watersheds contained within the Ridley Creek Watershed as indicated on Plate 1 of the Act 167 Storm Water Management Plan for the Ridley Creek Watershed.
(30) 
SWALE — A low lying stretch of land which gathers or carries surface water run-off.
(31) 
WATERSHED — The total drainage area of a stream and its tributaries.
(32) 
WATERSHED PLAN — Act 167 Storm Water Management Plan for the Ridley Creek Watershed, adopted by Delaware County as required by the Act of October 4, 1978, P.L. 864 (Act 167), and known as the Storm Water Management Act.
(e) 
Storm water management plan requirements.
(1) 
Plan submission. No earth-moving or land disturbance activity shall commence before storm water management plans for the site have been reviewed by an engineer with expertise in storm water management and are approved by the Township.
(2) 
Exemptions from submission of a storm water management plan.
A. 
Subdivisions or land developments that do not create more than 7,500 square feet of new impervious land area shall be exempt from the storm water plan requirements of this section.
B. 
For parcels under single ownership, no more than one subdivision or land development creating less than 7,500 square feet of new impervious surface shall be permitted before requiring a storm water management plan for the entire parcel.
C. 
Application procedures for exempt developments shall be as follows:
1. 
Persons engaged in land alteration of exempt development sites are exempt only from the full storm water plan requirements of this section. They are still responsible for applying sound storm water management practices in accordance with the standards of these Regulations and the Pennsylvania Storm Water Management Act (Act 167) in the development of the site.
2. 
A sketch storm water plan showing the name of the watershed, its sub-area, the appropriate release rate percentage, and the location and nature of the proposed storm water management techniques for the site, shall be submitted to the Township Engineer, and shall conform to the standards of Section 1230.19.
3. 
The storm water plan for the site must be approved by the Township Engineer prior to the issuance of any building permits.
(3) 
Contents of storm water management plan submission. In addition to the plan requirements contained in Section 1230.19, the following storm water-related items shall be included as part of the plan submission:
A. 
Sketch plan contents.
1. 
The name of the watershed and the sub-area in which the site is located as well as the appropriate release rate percentage.
2. 
Existing ground cover conditions.
3. 
Definition of existing drainage paths and drainage area boundaries.
4. 
Definition of existing drainage problems.
5. 
Appropriate storm water management performance standards as defined in the Standards and Criteria section of the Ridley Creek Storm Water Management Plan.
Release rate percentage
Direct discharge
Downstream impact evaluation
B. 
Preliminary plan contents.
1. 
Data requirements as set forth for the sketch plan.
2. 
Architectural layout of existing and proposed streets and buildings, approximate building dimensions, parking areas, walkways, and other impervious areas.
3. 
Configuration of the storm and sanitary sewer system layout.
4. 
Approximate location and layout of the storm water management system with a description of its proposed design and operation.
5. 
Existing and proposed drainage easements.
6. 
Preliminary run-off calculations as set forth in the Ridley Creek Storm Water Management Plan.
7. 
Tentative ownership and maintenance provisions for all storm water-related facilities.
C. 
Final plan contents.
1. 
Data requirements as set forth for the preliminary plan.
2. 
Final layout of existing and proposed streets and buildings, actual building dimensions, parking areas, and other impervious areas.
3. 
Exact location and layout of the storm water management system with a detailed description of its proposed design and operation.
4. 
Detailed run-off calculations as set forth in the Ridley Creek Storm Water Management Plan.
5. 
Final ownership and maintenance provisions for all storm water related facilities.
6. 
Modifications requested by the Township during the preliminary review phase.
(f) 
Storm water management performance standards.
(1) 
General performance standard. Any landowner and any person engaged in the alteration or development of land which may affect storm water run-off characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety, or other property. Such measures shall include such actions as are required:
A. 
To assure that the maximum rate of storm water run-off is no greater after development than prior to development activities; or
B. 
To manage the quantity, velocity, and direction of resulting storm water run-off in a manner which otherwise adequately protects health and property from possible injury.
(2) 
Release rate percentages. For purposes of storm water management, each sub-area of the Ridley Creek Watershed is assigned a release rate percentage, as defined by this Section and shown on the Ridley Creek Watershed Release Rate Map (Plate No. 1) available in the Township offices. (This percentage is applicable to any particular site in that sub-area.) The post-development peak storm water run-off rate discharging from the outfalls of a development site cannot exceed the sub-area release rate percentage in order to comply with the Ridley Creek Watershed plan. The following procedure should be followed in applying the release rate percentage.
A. 
Compute pre- and post-development run-off hydrographs and peak discharges for the two-, ten-, twenty-five-, and one-hundred-year storms using the U.S. Soil Conservation Services (SCS) Soil-Cover Complex Method. The twenty-four hour total run-off depths for these return periods for the Ridley Creek Watershed shall be:
Return Period
Depth in Inches
2-year
2.92
10-year
4.68
25-year
5.54
100-year
6.85
The computations should assume actual existing soil and land use conditions on the site as of the date of adoption of the watershed plan or its most recent update, using the Existing Land Use Map used in the development of the watershed plan or updates and the SCS Soil Classification Map for the watershed. The computations for post-development discharges should include all reduction for proposed on-site infiltration techniques.
B. 
Compare post-development discharges to the pre-development discharges. If the post-development rate is greater, on-site storage is required. Off-site storage may be substituted provided that:
1. 
Proper legal arrangements (easements, perpetual covenants, etc.) are made;
2. 
No problems are created between the development site and the off-site storage location; and
3. 
It is approved by the Township Engineer.
C. 
If on-site storage is required, the size of the facility(ies) shall be determined by applying the release rate percentage to the post-development discharges for the two-, ten- and twenty-five year storms. Provisions shall also be made for safely passing the post-development one-hundred-year run-off flows without damaging (i.e. impairing the continued function) of these systems. The storage area shall be designed in conformity with the provisions of these Regulations.
D. 
The proposed plan and computations must be prepared by a registered professional engineer with expertise in storm water management.
(3) 
Direct discharge. This provision applies only in sub-areas that are immediately adjacent to Ridley Creek.
A. 
Development sites in these sub-areas may discharge total storm water run-off flows through outfalls directly into Ridley Creek.
B. 
Storm water outfalls must be constructed so as to prevent erosion and scour of the Ridley Creek channel. Under these conditions, post-development peak run-off rates may exceed pre-development peak run-off rates.
C. 
Storm water management plans for sites proposing to use direct discharge must be approved by the Township Engineer.
(4) 
Downstream impact evaluation. If an applicant proposes to exceed the specified release rate percentage for a sub-area, one of the following evaluations must be completed.
A. 
If the storm water run-off flow from the development is proposed to be directed into an existing or proposed storm water conveyance channel (i.e., closed storm sewers and concrete lined or rip-rap protected channels), the post-development discharge may exceed the prescribed release rate percentage. The applicant must demonstrate sufficient capacity in the proposed conveyance channel, and the proposed system must be approved by the Township Engineer.
B. 
An applicant may demonstrate, through acceptable engineering analysis and design, that an increase in the post-development discharge rate will not result in injury or damage to persons or property downstream of the development site.
The evaluation of downstream impacts must show that at any point in time, the flow rates on the existing conditions run-off hydrograph at the outlet of the sub-area(s) in which the development site is located shall not be increased by more than 5% for storm discharges resulting from future conditions run-off (with storm water management provisions) from the two-, ten- and twenty-five-year rainfall events for the particular site. Existing conditions run-off hydrographs for all applicable sub-areas shall be those used in the analyses performed for the development of the Ridley Creek Watershed Plan or its most recent update (available at the Delaware County Planning Department).
The Township Engineer may identify points of interest downstream of the site where there are existing obstructions or known problems or other points, and the applicant shall be required to demonstrate no adverse impact as a result of exceeding the prescribed release rate percentage(s) for the sub-area(s).
All plans and computations must be prepared and certified by a registered professional engineer with expertise in storm water management. These must be submitted to the Township Engineer for review and approval.
(g) 
Standards and criteria.
(1) 
Storm water management techniques. Applicants may utilize any appropriate storm water management techniques or a combination of techniques as approved by the Township Engineer. Off-site control measures, including storm sewers and/or storage facilities, may be used in accordance with the watershed storm water plan and as approved by the Township.
All such storm water management techniques shall be in strict conformance with all other applicable regulations, including, but not limited to, Dam Safety and Encroachments, Floodplains, and Erosion and Sedimentation Control.
(2) 
Storm water control measures. Possible storm water control measures, including on-site infiltration techniques, detention facilities, and other measures are acceptable when approved by the Township Engineer. Information and standards for developing storm water management controls may be found in the following references:
A. 
Urban hydrology for small watersheds. Technical Release No. 55, USDA, Soil Conservation Service, January, 1975.
B. 
Soil erosion and sedimentation control manual. Pennsylvania Department of Environmental Resources, May, 1976.
C. 
Engineering Field Manual for Conservation Practices, USDA, Soil Conservation Service, 1975.
D. 
Practices in detention of urban storm water run-off. Special Report No. 43, American Public Works Association, June, 1974.
(3) 
Special physical site conditions. If special geological hazards or soil conditions are identified on the site, the developer's engineer shall consider the effect of proposed storm water management measures on these conditions. In such cases, the Township may require an in-depth report by a competent soils engineer.
(4) 
Storage facility design. Storage facilities shall be designed to control the post-development peak storm water run-off rates for the two-, ten- and twenty-five-year design rainfall events to the sub-area's release rate percentage or that approved through the downstream impact evaluation.
A. 
Provisions shall also be made for passing the post-development one-hundred-year run-off flows through a storm water detention facility without damaging or causing failure of (i.e. impairing the continued function of) the facility.
B. 
Storage facilities shared by more than one development site are permitted within a single sub-area of the watershed, provided that they meet the above criteria.
C. 
Run-off from the development sites involved shall be conveyed to the facility from its source in a manner so as to avoid adverse impacts, such as flooding or erosion and scour of natural channels, to downstream channels and property.
D. 
Storage facilities shall be located such that they remain accessible for maintenance based upon the type of equipment and procedures required.
E. 
The Township may, at its discretion, require any necessary measures to ensure the security and general safety of proposed storage facilities.
(5) 
Storm sewer systems. When storm sewers are proposed, developers must show:
A. 
Compliance with all other State and local regulations and specifications governing the installation of such systems.
B. 
That there is sufficient channel capacity from the point where the storm sewer outlets into the natural drainage system and further downstream to the base of the watershed.
(6) 
Storm water collection. The safety of the public shall be considered at all times in the design of such facilities and provided for to the satisfaction of the Township Engineer. Except as otherwise provided for by Township ordinances, the standards and specifications of the Pennsylvania Department of Transportation shall be used in the construction of storm water collection system components.
(7) 
Storm water discharge. The discharge of concentrated, collected storm water run-off from control facilities such as detention basins or storm sewers onto adjacent properties where there is no existing natural watercourse or drainage-way to receive the discharge shall be avoided unless deemed absolutely necessary. Where such a discharge is absolutely necessary, easements and/or other provisions shall be proposed, approved, and implemented to prevent damage to the adjacent properties to the satisfaction of the Township Engineer. Where discharges are proposed to natural watercourses and drainageways, such discharges shall be made in a manner so as not to result in property damage or deterioration of channel stability.
(h) 
Maintenance of storm water facilities.
(1) 
Storm water control facilities located on or serving properties developed for commercial, industrial, or multifamily residential uses (including condominium uses) shall be owned and maintained by the owner of the property or the complex. If a homeowners' association is formed, then the facilities shall be the responsibility of this association.
(2) 
Storm water control facilities serving single-family (individual lots) or multi-family developments wherein the streets, sewers, and other public improvements are to be accepted by the Township shall likewise be accepted and maintained by the Township or a homeowners' association at the Township's discretion.
(3) 
Storm water control facilities serving public or semipublic uses, such as schools, hospitals, churches, or similar institutional facilities, shall be owned and maintained by the property owner.
(4) 
Storm water control facilities serving State, County, or Municipal facilities such as parks shall be owned and maintained by the respective political entity.
(5) 
Where shared-storage facilities are proposed, the applicant shall submit a plan for their maintenance with the preliminary and final storm water management plans, identifying the facility owner, easements, covenants providing for access to the facility, and a proposed maintenance funding plan (if the facility is not to be accepted by the Township).
(6) 
In single-family, multifamily, commercial, or industrial developments where the storm water control facilities (especially basins) are not to be accepted by the Township, the developer shall submit a proposed maintenance schedule and funding plan as part of the storm water plan for the development site which shall be approved by the Township. Prior to approval of the final subdivision and land development plan, the developer shall establish an escrow or similar account to set aside funds for the first year's (after completion) maintenance costs.
(7) 
Storm water control measures located on an individual lot/structure, such as roof-top storage, drainage swales, and seepage pits, shall be the responsibility of the property/structure owner. These responsibilities shall be included in the deed or lease for the properly or structure. This provision is applicable although other storm water control facilities, such as storm sewers or storage basins, are to be owned and maintained by another public or private agency.
(8) 
Prior to the acceptance of any storm water facility, the Township Engineer shall inspect the facility to ensure its proper construction and functioning. All facilities must be free of sediment or debris before acceptance and/or dedication. Any required access easements should be obtained.
(9) 
The Township shall require that a maintenance guarantee, in accordance with the provisions of the MPC (Section 509), be provided.
(10) 
Before acceptance and/or dedication of any facility, the developer shall submit as-built plans and a schedule for required maintenance. As-built plans need not be submitted for facilities located on an individual lot/structure.
(i) 
Inspections.
(1) 
Periodic inspection of storm water management facilities is required throughout the development phase. It is the responsibility of the developer/builder to notify the Township Engineer well in advance of the completion of each identified phase and to arrange for the required inspection.
(2) 
Work should not commence on a subsequent stage until the preceding stage has been inspected and approved. Any portion of the work which does not comply with the approved storm water plan must be corrected by the permittee within a stipulated time. No work shall proceed on any subsequent phase of the storm water management plan, the subdivision or land development, or building construction until the required corrections have been made.
(3) 
If at any stage of the work the Township Engineer determines that the storm water management controls or other requirements are not being installed as shown in the approved plans, the Township may revoke existing permits until a revised plan is submitted and approved.
(4) 
The following are key phases during which the Township shall, at its discretion, perform routine inspections of the development site:
A. 
At the completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil, and construction of temporary storm water management and erosion control facilities.
B. 
At the completion of rough grading, but prior to placing topsoil, permanent drainage, or other site development improvements and ground covers.
C. 
During construction of the permanent storm water facilities at such time as specified by the Township Engineer.
D. 
At the completion of permanent storm water management facilities, including established ground covers and plantings.
E. 
At the completion of any final grading, vegetative control measures, or other site restoration work done in accordance with the approved plan and permit.
[Ord. No. 198, passed 12-14-1989]
(a) 
Each property shall be connected to a public sewer system, if accessible. Where the public sewer is not yet accessible, but is planned for extension to the subdivision, the developer shall install sewer lines in accordance with the Township's Act 537 Plan, including lateral connections as may be necessary to provide adequate service to each lot when connection with the sewer system is made. The sewer lines shall be suitably capped at the limits of the subdivision and the laterals shall be capped until sewers are provided. On-site disposal facilities shall also be provided in the interim. Design of capped sewer system shall be subject to approval by the Pennsylvania Department of Environmental Resources and the Township.
(b) 
Sanitary sewers shall be designed and constructed in strict accordance with Pennsylvania Department of Environmental Resources standards and Township specifications. A copy of the approval of such systems shall be submitted with the Final Plan.
(c) 
Sanitary sewers shall not be used to carry storm water.
(d) 
All lots which cannot be connected to a public or community sanitary sewage disposal system in operation at the time of construction of a principle building shall be provided with an on-site sanitary sewage disposal system meeting the design standards of Title 25, Chapter 73, Rules and Regulations of the Pennsylvania Department of Environmental Resources and Township standards.
(e) 
If on-site sanitary sewage disposal facilities are to be utilized, the Township Planning Commission may require that the developer submit a feasibility report. Such a report shall compare the cost of providing on-site facilities to a sewage treatment plant. Based on the analysis of this report, the Township may require the installation of a public sanitary system or capped sewer.
(f) 
Where on-site sanitary sewage facilities are to be utilized, each lot so served shall be of a size and shape to accommodate the necessary length of tile fields at a safe distance from and at a lower elevation than the proposed well and building(s) to facilitate gravity flow in accordance with Township and State regulations, and shall be so plotted.
(g) 
The proposed method of sanitary sewage disposal shall be in accordance with Upper Providence Township's officially adopted Act 537 Sewage Facilities Plan.
(h) 
When in accord with Title 25, Chapter 71, Section 71.16, Rules and Regulations of the Pennsylvania Department of Environmental Resources Facilities Plan Revision, the procedure set forth in Sections 71.14 to 71.17 of those Rules and Regulations shall be followed.
(i) 
Sanitary sewage disposal system(s).
(1) 
Sanitary sewage disposal systems shall be provided consistent with the design standards and requirements contained in these Regulations.
(2) 
Whenever a developer proposes that individual on-site sanitary sewage disposal systems shall be utilized within the subdivision, the developer shall either install such a facility approved by the Township Sewage Enforcement Officer and the Pennsylvania Department of Environmental Resources, or shall guarantee (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities can be installed by the purchaser of such a lot or parcel. The developer shall also provide evidence that there is an alternative area on the lot which meets all Township and State requirements for an on-site sanitary disposal system and which could be utilized for an on-site sanitary sewage disposal system if the first system fails. Such alternative area need not be developed as an on-site sanitary system until such time, if any, that the first system fails. The developer and subsequent landowners shall not construct improvements, including stormwater drainage areas, in the area identified as the alternative area. A notation to this effect shall appear on the final plans and deed to the respective lots.
(3) 
In all other cases, the developer shall provide a complete community or public sanitary sewage disposal system. The design and installation of such a public system shall be subject to the approval of the Township Engineer, the Township Sewage Enforcement Officer, the Township Planning Commission and Township Council. The design and installation of such a community distribution system shall be subject to the approval of the Pennsylvania Department of Environmental Resources, and such systems shall be further subject to satisfactory provisions for the maintenance thereof.
(4) 
Where studies by the Township Planning Commission or Township Council indicate that construction or extension of sanitary trunk sewers to serve the property being subdivided appear probable within a reasonably short time (up to 10 years), the Township Planning Commission and the Township Council shall require the installation and capping of sanitary sewer mains and house connections, in addition to the installation of temporary individual, on-site sanitary sewage disposal systems. It shall, however, be the responsibility of the Township to supervise the design and installation of such sewers.
(j) 
Soil percolation test requirements.
(1) 
Soil percolation tests shall be performed for all subdivisions wherein building(s) at the time of construction will not be connected to a public community sanitary sewage disposal system in operation. Deep hole test pits are recommended as a further means of guaranteeing suitability of a site.
(2) 
Soil percolation tests shall be made in accordance with the procedures required by the Pennsylvania Department of Environmental Resources, by either a registered professional engineer or a registered sanitarian and/or the Pennsylvania Sewage Facilities Act Sewage Enforcement Office.
(3) 
Soil percolation tests shall be performed within the site of the proposed on-site sanitary sewage disposal facilities.
(4) 
The results of the soil percolation tests shall be analyzed in relation to the physical characteristics of the tract being subdivided and of the general area surrounding the tract being subdivided. The final plan lot layout shall be based on this analysis.
[Ord. No. 198, passed 12-14-1989]
(a) 
Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in these Regulations and with Township Standards which are the U.S. Public Health criteria for drinking water as administered by the existing Environmental Protection Agency Safe-Drinking Water Act.
(b) 
Where the developer proposes that individual on-site water supply systems shall be utilized within the subdivision, the developer shall either install such facilities or shall guarantee (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that the facilities can be installed by the purchaser of such lot or parcel. Individual on-site wells shall be subject to the standards provided for by the Pennsylvania Department of Environmental Resources.
(c) 
Wherever feasible, the subdivision shall be provided with a complete public or community water distribution system. The design and installation of such public system shall be subject to the approval of the Township and the design and installation of such community distribution system shall be subject to the approval of the Pennsylvania Department of Environmental Resources and such a system shall be further subject to satisfactory provision for the maintenance thereof.
Where a permit is required by said department, it shall be presented as evidence of such review and approval in the case of private or public systems before construction commences.
(d) 
Wherever a public or community water system is provided, fire hydrants or an acceptable alternative shall be installed for fire protection as approved by the local fire company and the Township Engineer. Where fire hydrants are installed, they shall meet the specifications of the Insurance Services Office of Pennsylvania. Location of hydrants and hydrant standards shall be approved by the Township and the Media Water Company.
(1) 
Generally all fire hydrants will be located on an eight-inch line or a looped six-inch line. Where a dead end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.
(2) 
Fire hydrants shall be spaced in a development so that all proposed building(s) will be no more than 600 feet from the hydrant, measured along traveled ways.
(3) 
All community water systems must provide a minimum of 500 GPM at a residual pressure of 20 psi for a two-hour period.
(4) 
For additional fire protection, a dry hydrant may be required to be incorporated into existing and proposed ponds or reservoirs and an access easement provided for emergency use.
(e) 
It is recommended that two sources of ground water be provided for each public or community water system due to the usual density and demand served by such systems. Each should be capable of supplying the average daily demand of the proposed dwelling units. Although a two-well system is ideal, there are alternatives which would insure an adequate water supply.
(1) 
A single well capable of providing twice the daily average demand as demonstrated by a pumping test of at least a forty-eight-hour duration, producing a stabilized drawdown of unchanging water level for at least a five-hour duration.
(2) 
A single well capable of supplying the average daily demand with an additional reliable surface water source.
(3) 
A single well capable of supplying the average daily demand plus a dependable connection to another satisfactory public water supply system.
(4) 
A second well is recommended for use as a monitor of the aquifer and as a stand-by in the event of an emergency.
[Ord. No. 198, passed 12-14-1989]
(a) 
All other utility lines, including, but not limited to, electric, gas, street light supply, cable television, and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township and the public utility concerned.
(b) 
In accordance with the provisions of Act 287, all developers, contractors, etc., will contact all applicable utilities and accurately determine the locations and depth of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone number shall appear on the plans submitted for review and proof shall be presented to the Township prior to final plan approval.
[Ord. No. 198, passed 12-14-1989]
At least two off-street parking spaces with access to a public street shall be provided for each proposed dwelling unit. Such spaces shall be constructed of a durable all-weather material. Where such access is to other than a residential service street, adequate turn-around space shall be provided on the lot. Parking areas shall be provided for commercial and industrial uses as required by the applicable requirements as may be found in the Township Zoning Code.
[Ord. No. 198, passed 12-14-1989]
(a) 
Where water and/or sewer facilities are intended for dedication, the requirements for easement shall be determined by the Council. Easements shall be similarly established as necessary for other utilities.
(b) 
Storm drainage easements shall be provided as required by Section 1230.19.
(c) 
The Council may require easements as prerequisite to its approval of shared driveways or other access arrangements. Shared driveways shall be permitted if the lots conform to lot frontage requirements and Council determines that considerations of safety and design render shared driveways appropriate for the development. In no case shall there be more than three lots sharing a driveways.
[Ord. No. 198, passed 12-14-1989]
In the case of any land development, the Council may require compliance with the following design standards contained in the Township Zoning Code: parking; access and highway frontage; interior circulation; loading; landscaping; screening; storage; and lighting.
[Ord. No. 198, passed 12-14-1989]
(a) 
Monuments shall be accurately placed at the intersection of all lines forming angles and at changes in the direction of lines in the boundary (perimeter) of the property being subdivided. The developer, or his or her representative, shall notify the Township Engineer in order that he or she may inspect the placement of the monuments before they are covered.
(b) 
All monuments shall be placed by a registered professional engineer or surveyor so that the scored mark (by an indented cross or drill hole at not more than 1/4 of an inch diameter in the top of the monument point) shall coincide exactly with the point of intersection of the lines being monumented.
(c) 
Monuments shall be set with their top level with the finished grade of the surrounding ground, except for the following:
(1) 
Monuments which are placed within the lines of existing or proposed sidewalks shall be so located (preferably beneath the sidewalks) that their tops will not be affected by lateral movement on the sidewalks.
(2) 
Where monuments are located beneath a sidewalk, proper access shall be provided for this use.
(d) 
All streets shall be monumented at range line and on the right-of-way lines of the street at the following locations:
(1) 
At least one monument at each intersection.
(2) 
At changes in direction of street lines, excluding curb arcs at intersections.
(3) 
At each end of each curbed street line, excluding curb arcs at intersections.
(4) 
At such places where topographical or other conditions make it impossible to sight between two otherwise required monuments, intermediate monuments shall be placed.
(5) 
At such other places along the line of streets as may be determined by the Township Engineer to be necessary so that any street may be readily defined for the future.
(e) 
All lot corners shall be clearly identified by either a monument or an iron pin. Where iron pins are used, they shall be a minimum of 1/2 of an inch in diameter. The solid bar or reinforcing rod shall be a minimum of 24 inches in length and shall be driven flush with finished grade.
[Ord. No. 198, passed 12-14-1989]
(a) 
In reviewing subdivision and land development plans, the Township Planning Commission shall consider whether community facilities in the area are adequate to serve the needs of the additional dwellings proposed by the development and shall make such a report thereon as it deems necessary in the public interest.
(b) 
Developers shall consider the desirability of providing or reserving areas for facilities normally required in residential neighborhoods such as schools and other public buildings, parks, playgrounds, and playing fields. Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking, as appropriate to the use proposed. Prior to the preparation of plans, developments larger than 25 lots should be reviewed with the Township Planning Commission and the Township Planner concerning the minimum standards for various community facilities applicable to the tract being subdivided.
(c) 
In subdivisions which are intended to provide housing for more than 25 families, or any subdivision that includes a new public street that is offered for dedication to the Township, the Township Planning Commission shall consider the need for suitable open areas for recreation and shall make recommendations thereon.
(d) 
The subdivision plan shall provide such open space recreational areas as shall be required by the Township Zoning Code. Such areas will be retained in private ownership by an association of homeowners in the subdivision.
(e) 
In designating areas for open space use, within the subdivision plan, the following criteria shall be applied by the developer:
(1) 
Designated open space shall be consistent with the Township's Comprehensive Plan, or, where applicable, the Open Space Plan.
(2) 
Open space areas shall be consistent with the needs of the future residents of the proposed subdivision and shall be located so as to be easily accessible by said residents.
(3) 
Open space areas should include both active and passive recreational areas for all age groups and, particularly where the site includes a watercourse or hilly or wooded area, land which is left in its natural state.