[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.
| |
(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.
[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]
[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:
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:
(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.
(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:
(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:
(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:
(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.
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)
CLEAR-CUTTING
DIAMETER AT BREAST HEIGHT (DBH)
INVASIVE SPECIES
LAND DISTURBANCE
PNDI
PNDI SITES
TIMBER HARVESTING OPERATION
A.
B.
C.
D.
E.
F.
G.
TIMBER HARVESTING PLAN
TOPS
WOODLAND DISTURBANCE
A.
B.
C.
1.
2.
D.
WOODLAND EDGE
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
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.
The diameter or a tree trunk, measured at a point 4.5 feet
from the average ground surface at the base of the tree.
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.
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).
Pennsylvania Natural Diversity Inventory.
Sites identified in the PNDI as possessing state-recognized
floral or faunal species of special concern.
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:
CLEAR-CUTThe 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.
DIAMETER-LIMIT-CUTA timber harvesting treatment in which all trees over a specified diameter may be cut. Diameter-limit cuts often result in high-grading.
GROUP SELECTION METHODThe removal of trees in different areas to create openings in the forest canopy to stimulate regeneration of shade-intolerant species.
HIGH-GRADINGA 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.
IMPROVEMENT CUTTINGThe 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.
SALVAGE CUTTINGThe 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.
SINGLE TREE SELECTION METHODA 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.
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.
The upper portion of a felled tree not merchantable because
of small size, taper or defect.
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;
Any activity which constitutes a land disturbance (exposes soils,
alters topography) within a woodland or hedgerow;
Woodland disturbance does not include the following:
Removal of vegetation which constitutes hazardous condition(s);
nor
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).
Where woodland disturbance is regulated as a timber harvesting
operation, such operation shall not be separately regulated as woodland
disturbance.
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:
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.
(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:
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:
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:
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:
(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.
(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.
