All land development plans must reflect a location that has
given consideration to the following factors:
A. The location of the land development must conform to the Township
Comprehensive Plan with respect to the streets, public sites, and
proposed utilities.
B. The proposed use of the land in any land development must conform to Chapter
270, Zoning.
C. No land shall be subdivided or developed for any purposes unless
adequate safeguards against flood, fire and disease have been taken
to minimize hazards to life, health, or property.
D. Proposed projects shall be integrated with existing and proposed
neighborhoods so that the community as a whole may develop harmoniously.
E. Reasonable measures shall be taken to ensure the preservation of natural, historic, and archaeological features; areas and structures as determined by Chapter
270, Zoning, to be worthy of such preservation; and to ensure public access to such features, areas and structures, where appropriate.
F. Land subject to flooding or other hazards to life, health, or property
and land deemed to be topographically unsuitable shall not be platted
for residential occupancy or for such other uses as may increase danger
to health, life or property or aggravate erosion or flood hazard until
all such hazards have been eliminated or unless adequate safeguards
against such hazards are provided by the land development plans.
All streets proposed to be constructed within the Township shall
conform to the following general design requirements:
A. Proposed streets shall be planned with regard to the existing street
system, public convenience in terms of fire protection and pedestrian
traffic, projected volumes of traffic, existing and proposed use of
land on abutting properties and future development extensions of the
street systems.
B. Residential streets shall be so designed as to discourage through
traffic; however, the arrangement of streets shall provide for continuation
of existing or platted streets and for proper access to adjoining
undeveloped tracts suitable for future development.
C. Proposed streets which are aligned with existing streets shall bear
the name of the existing street. In the event a proposed street is
not aligned with an existing street, it shall not bear a name similar
to any existing street located within the Township and/or the same
postal service area, irrespective of the suffix of street, avenue,
boulevard, drive, place, court, etc.
D. Streets shall be logically related to topography so as to produce
reasonable grades, satisfactory drainage and suitable building sites.
A drawing of the same scale as the subdivision plan shall be provided
showing topography and street profile as it relates to any proposed
street(s) whether proposed for dedication or to be held in private
right.
E. The streets must be properly located and built with regard to the
proposed traffic functions as shown in the West Manheim Township Comprehensive
Plan and Official Map.
F. The arrangement, character, extent, width, grade, and location of
all streets and highways must conform to their functional classification
as identified in this chapter and as defined herein.
G. Reverse frontage shall be provided for all lots which abut an arterial
street and are located within a subdivision that has space for or
is creating an interior street.
H. Direct access to an arterial or collector road shall be permitted
only when the subject property has no other reasonable access to the
street system and only if the Township Engineer determines that the
proposed access point onto the street can be accommodated safely by
meeting safe sight distances and sufficient traffic gaps to safely
enter and exit the access point, as determined in accordance with
Chapter 441 of Title 67 of the Pennsylvania Code, as amended.
(1) Issuance of a PennDOT Highway Occupancy Permit (HOP) does not guarantee
site plan approval by the Township, nor does it deem the plan in conformance
with this chapter. The HOP submission to PennDOT should not occur
without consent to do so by the Township. In the case of a preexisting
driveway, a change in the use on the property may require a revised
HOP if the proposed use will generate daily trips in excess of the
PennDOT trip thresholds.
(2) For properties that have frontage along an arterial, the Township
may prohibit access to the arterial if all movements can be efficiently
and safely accommodated on the other street or streets, based on design
standards contained within this chapter. Access may be restricted
to the Township street despite the ability to receive a highway occupancy
permit (HOP) from PennDOT.
I. Points of access.
(1) At
least two points of access shall be provided for subdivisions consisting
of:
(a) More than 10 dwelling units or units of occupancy;
(b) Nonresidential developments consisting of more than 100 average daily
vehicle trips based upon the latest edition of the Institute of Transportation
Engineers Manual.
(2) This
access is to be from a through street or, where the Township finds
it appropriate, the continuation of an existing or proposed street
to the boundary of the subdivision.
Streets shall be designed in accordance with Guidelines for Design of Local Streets and Roads (Publication 70) as amended, of the Pennsylvania Department of Transportation; Chapter
105, Construction and Material Specifications, latest edition, of the Code of the Township of West Manheim, and the following criteria, whichever is more stringent:
A. Ultimate right-of-way. The ultimate right-of-way, as provided in
Table V-1: Street Design Standards, is requested to be dedicated from the center line of the
streets abutting the property being subdivided or developed. The ultimate
right-of-way shall be centered over all roadways.
B. Street right-of-way and cartway width. The minimum right-of-way and
cartway widths for new and/or improved streets shall be based upon
the growth area classification and the following:
(1) Classification shall be determined in accordance with the West Manheim
Township Comprehensive Plan and as further defined herein:
(a)
Arterial streets.
[1]
Review by the Pennsylvania Department of Transportation;
[2]
Review by the Township Engineer and the Township Board of Supervisors;
and
[3]
Review by the York County Planning Commission.
(b)
Major collector streets.
[1]
Provide access to a residential land use with a density in excess
of four dwelling units per acre; or
[2]
Provide access to an industrial use or a commercial use; or
[3]
Serves an average daily traffic count over 2,000 AADT;
[4]
Has a speed limit over 35 miles per hour.
(c)
Minor collector streets.
[1]
Provide access to a residential land use with a density of four
or less dwelling units per acre; or
[2]
Provide access to an institutional land use; or
[3]
Serves an average daily traffic count between 500 and 2,000
AADT.
(d)
Local streets.
[1]
Provide access to single-family lots with a minimum required
lot size in excess of one acre each; or
[2]
Serves an average daily traffic count less than 500 AADT.
(2) The minimum required right-of-way and cartway widths, based upon the growth area classification in Chapter
270, Zoning, and street classification, shall be in accordance with Table V-1: Street Design Standards. The provisions contained herein do not always provide
adequate cartway for on-street parking on both sides of the proposed
roadway. The applicant shall be responsible for submitting traffic
and engineering study for the recommendations and/or restrictions
along a proposed road.
(3) The extension of existing streets which are presently constructed
with a cartway different from the standards of this chapter shall
be provided with a transition area in accordance with PennDOT standards,
the design of which is subject to Township approval.
C. Horizontal street alignment. The following criteria shall apply to
the horizontal alignment of all proposed and reconstructed streets:
(1) Horizontal street alignments shall be measured along the center line
and horizontal curves shall be used at all angle changes.
(2) Where practical, single, long radius curves shall be used rather
than a series of curves with varying radii or a series of short curves
separated by short, straight segments. Additionally, decreasing radius
curves are specifically prohibited.
(3) The minimum horizontal curve radius shall be 300 feet for major and
minor collector streets, 150 feet for local roads, and subject to
PennDOT review and concurrence for arterial roads.
(4) A minimum tangent of 100 feet between reverse curves shall be provided
on all streets.
D. Vertical street alignment. The following criteria shall apply to
the vertical alignment of all proposed and reconstructed streets:
(1) Vertical street alignment shall be measured at the center line, and
vertical curves shall be used in changes or grade when the algebraic
difference exceeds 1%.
(2) The minimum and maximum grades, based upon the growth area classification in Chapter
270, Zoning, and street classification, shall be in accordance with Table V-1: Street Design Standards.
(3) Vertical curves shall have a minimum length of 300 feet for major
collector and major local streets and 200 feet for local roads.
(4) The maximum grade for 50 feet on each side of an intersection may
not exceed 4%.
(5) The grade within the diameter of a turnaround of a permanent cul-de-sac
shall be at least 1% and shall not exceed 5% in all directions.
(6) The maximum slopes of banks located inside the street right-of-way,
measured perpendicular to the right-of-way, shall not exceed 3:1.
Table V-1: Street Design Standards
|
---|
Type of Street
|
Minimum Right-of-Way Width
(feet)
|
Minimum Travel Lane Width
(feet)
|
Minimum Shoulder Width
(feet)
|
Minimum Cross Slope
(%)
|
Maximum Cross Slope
(%)
|
Vertical Grade Minimum
(%)
|
Vertical Grade Maximum
(%)
|
---|
Designated Growth Area (DGA)
|
Arterial
|
80
|
12
|
8
|
2
|
8
|
1
|
6
|
Major collector
|
60
|
11
|
8
|
2
|
8
|
1
|
6
|
Minor collector
|
50
|
11
|
6
|
2
|
6
|
1
|
10
|
Local
|
50
|
10
|
6
|
2
|
6
|
1
|
10
|
Cul-de-sac turnaround
|
50-foot radius1
|
40-foot radius
|
N/A
|
2
|
5
|
1
|
5
|
Rural Growth Area (RGA)
|
Arterial
|
60
|
12
|
6
|
2
|
8
|
1
|
6
|
Major collector
|
50
|
11
|
6
|
2
|
6
|
1
|
6
|
Minor collector
|
50
|
10
|
4
|
2
|
6
|
1
|
10
|
Local
|
50
|
10
|
2
|
2
|
6
|
1
|
10
|
Cul-de-sac turnaround
|
50-foot radius1
|
40-foot radius
|
N/A
|
2
|
5
|
1
|
5
|
NOTES:
|
---|
1
|
Required right-of-way for alternate turnarounds shall
be in accordance with the recommendations of the International Fire
Codes, and as approved by the Township Engineer.
|
E. Street intersections.
(1) All intersections with state routes shall be subject to the approval
of PennDOT and copies of highway occupancy permits shall be submitted
to the Township prior to final plan approval.
(2) All intersections involving the junction of more than two streets
are prohibited.
(3) The minimum separation between the center-line intersections of streets
shall be measured along the center line of the street being intersected
and shall meet the following requirements:
|
Table V-2: Center-Line Intersection Separation Requirements
|
---|
|
Street Classification
|
Minimum Offset
(feet)
|
---|
|
Arterial
|
800
|
|
Major collector
|
600
|
|
Minor collector
|
500
|
|
Local
|
250
|
(4) All streets shall intersect with each other at a right angle, whenever
possible. In no case, shall the angle of intersection deviate more
than 15° from the perpendicular. All intersections proposing an
intersection not equal to 90° shall be subject to review and approval
by the Township Engineer.
(5) The minimum radii of the cartway edge at intersections shall be 50
feet for collector streets and 35 feet for local streets. Supplemental
design radius information, based upon the turning movements of the
largest design vehicle anticipated to utilize the roadway, may be
required at the discretion of the Township Engineer. The right-of-way
radii at intersections shall be concentric with the cartway edge,
where possible.
(6) Clear sight triangles shall be maintained at all street intersections
and shall be so indicated on all plans. Plans shall contain the following
restriction: "No proposed vision obstructing object shall be permitted
which obscures vision above the height of 30 inches and below the
height of 10 feet within the clear sight triangle." All areas within
the clear sight triangle shall become an easement or be incorporated
into the public right-of-way, and shall be so designated on the plan,
to allow the removal of any object that may be an obstruction to clear
sight. Clear sight triangles shall be sized as follows:
|
Table V-3: Clear Sight Triangle Requirements
|
---|
|
Classification of 1 or More Intersecting Streets
|
Side of Clear Sight Triangle
(feet)
|
---|
|
Left
|
Right
|
Back
|
---|
|
Arterial
|
150
|
150
|
150
|
|
Collector
|
150
|
150
|
75
|
|
Local
|
75
|
75
|
50
|
(7) Safe sight stopping distance, decision stopping distance, and intersection
sight distance at all controlled intersections shall be designed to
meet the requirements of the Pennsylvania Department of Transportation
Code, Title 67, Chapter 441, as amended. The actual and required sight distance for all intersections
shall be clearly labeled on the plan. The speed limit of the roadway
and the slope of the roadway in each direction shall also be listed
on the plans. Controlled intersections shall include those with stop
signs and/or traffic signals.
F. Improvement specifications.
(1) All streets shall be designed and constructed in accordance with PennDOT Publication 408 and Chapter
105, Construction and Materials Specifications, of the Code of the Township of West Manheim, as amended.
(2) Lots abutting arterial and collector roads. In a subdivision or land
development abutting an arterial or major collector street, the following
shall be required:
(a)
The frontage shall be reversed so that the lots contiguous to
such roadways will front on a new street or an existing local street,
with an additional lot depth of 15 feet as an easement exclusively
for planting and screening to be provided by the developer along the
existing street.
All single-family dwelling driveways shall conform to the following:
A. The number of driveways may not exceed two per lot (along any frontage
or combined frontage).
B. Either edge of a driveway may be no closer than:
(1) Fifty feet to the right-of-way line of an intersecting street on
the same side of the street;
(2) Five feet to an existing or proposed fire hydrant;
(3) Five feet to a side property line.
(4) Within 100 feet of a driveway on the same property.
C. Driveways accessing a state highway are allowed only by virtue of
a permit issued by the Pennsylvania Department of Transportation.
(1) Issuance of a PennDOT Highway Occupancy Permit (HOP) does not guarantee
site plan approval by the Township, nor does it deem the plan in conformance
with this chapter. The HOP submission to PennDOT should not occur
without consent to do so by the Township. In the case of a preexisting
driveway, a change in the use on the property may require a revised
HOP if the proposed use will generate daily trips in excess of the
PennDOT trip thresholds.
(2) For properties that have frontage along an arterial, the Township
may prohibit access to the arterial if all movements can be efficiently
and safely accommodated on the other street or streets, based on design
standards contained within this chapter. Access may be restricted
to the Township street despite the ability to receive a highway occupancy
permit (HOP) from PennDOT.
D. Driveways may not exceed 24 feet in width at the right-of-way line.
E. Driveways must be located in a safe relationship to sight distance
and barriers to vision. The drive may not exceed a slope of 5% within
25 feet of the street right-of-way line. Driveways shall not exceed
15% slope. Where a drive enters a bank through a cut, the shoulders
of the cut may not exceed 50% in slope within 25 feet of the point
the drive intersects the right-of-way. The safe sight distance at
each driveway shall not be less than the distances found in Chapter
441 of Title 67 of the Pennsylvania Code, as amended.
[Amended 8-16-2016 by Ord. No. 4-2016]
F. A fifty-foot clear sight triangle in conformance with §
235-46E(6) of this chapter shall be provided for driveways.
Utility line installation. In developments of four or more lots,
electric, telephone and all other utility facilities shall be installed
underground. The developer shall be required, prior to final plan
approval, to obtain a letter from the appropriate utility company
confirming that the developer has entered into an agreement to provide
for an underground electric and telephone system in accordance with
the Pennsylvania Public Utility Commission Investigation Docket No.
99, as amended, or has obtained a waiver from said Pennsylvania Public
Utility Commission to allow overhead electric and telephone facilities.
In large-scale land developments, the dedication of sites for
other appropriate public uses, such as but not limited to schools,
library, and public service buildings, may be required. Such areas
or sites must be of a character, extent, and location as to be clearly
related to the local and neighborhood needs of the residents of the
development. No land may be required for dedication which would primarily
serve the need of the Township as a whole as distinguished from the
development or neighborhood.
The standards for resource conservation, as set forth in this article, shall apply to all subdivision and land developments in the Township. Chapter
270, Zoning, Part
6, §
270-74, Open space and greenway design standards, shall apply to all subdivision and land developments within the Conservation Subdivision Overlay District. (See Part
6, Article
XII, of Chapter
270, Zoning.) In addition to the design and construction standards described in the Article
V above, the following requirements shall be met when engineering a subdivision or land development plan for a conservation subdivision as defined in §
235-7.
A. General standards to minimize adverse impacts. All subdivisions and
land developments shall avoid or minimize adverse impacts on the Township's
natural, cultural and historic resources, as defined below.
B. Groundwater resources. This section is intended to ensure that the
Township's limited groundwater resources are protected for purposes
of providing water supplies for its residents and businesses, and
to protect the base flow of the Township's surface waters. These
regulations shall be applied in conjunction with those provided for
in other sections of this chapter, dealing with groundwater conservation
and replenishment.
(1) The proposed subdivision and land development of any tract shall
be designed to cause the least practicable disturbance to natural
infiltration and percolation of precipitation to the groundwater table,
through careful planning of vegetation and land disturbance activities,
and the placement of streets, buildings and other impervious surfaces
in locations other than those identified on the existing resources
and site analysis plan as having the greatest permeability where precipitation
is most likely to infiltrate and recharge the groundwater.
C. Stream valleys, swales, springs, and other lowland areas. The Township's
Open Space Plan describes and maps stream valleys (which include stream
channels and floodplains), swales, springs and other lowland areas
as resources that warrant restrictive land use controls because of
flooding hazards to human life and property, their groundwater recharge
functions, their importance to water quality and the health of aquatic
communities, and their wildlife habitats. They are generally poorly
suited for on-site subsurface sewage disposal systems.
(1) The following activities shall be minimized:
(a)
Disturbance to streams and drainage swales.
(b)
Disturbance to year-round wetlands, areas with seasonally high-water
tables, and areas of surface water concentration.
(c)
Because of their extreme limitations, stream valleys, swales
and other lowland areas warrant designation as greenway lands. They
may also require adjoining buffer lands to be included in the greenway,
to be determined by an analysis of the protection requirements of
such areas on a case-by-case basis. In certain instances, seasonal
high-water table soils may be excluded from the greenway where it
can be demonstrated that they are suitable for low-density residential
uses and conventional on-site sewage systems.
D. Woodlands. Woodlands occur extensively throughout the Township, often
in association with stream valleys and wet areas, poor and erodible
agricultural soils, and moderate-to-steep slopes.
(1) Woodland conditions within the Township vary with respect to species
composition, age, stocking, and health. They range from relatively
recent post-agricultural young stands to mature mixed-age forests.
Most woodland in the Township represents one or more of the following
resource values:
(a)
As soil stabilizers, particularly on moderate-to-steep slopes,
thereby controlling erosion into nearby streams, ponds, impoundments
and roads. A closely related function is their enhancement of groundwater
recharge.
(b)
As a means of ameliorating harsh microclimatic conditions, in
both summer and winter.
(c)
As a source of wood products, i.e., poles, saw timber, veneer
and firewood.
(d)
As habitats for woodland birds, mammals and other wildlife.
(e)
As recreation resources for walkers, equestrians, picnickers
and other related outdoor activities.
(f)
As visual buffers between areas of development and adjacent
roads and properties.
(2) Because of their resource values, all woodlands on any tract proposed
for subdivision or land development shall be evaluated by the applicant
to determine the extent to which such woodlands should be designated
partly or entirely as greenway or development lands. Evaluation criteria
shall include:
(b)
Present conditions, i.e., stocking, health and species composition.
(c)
Site potential, i.e., the site's capabilities to support
woodlands, based upon its topographic, soil and hydrologic characteristics.
(d)
Ecological functions: i.e., in protecting steep slopes, erodible
soils, maintaining stream quality and providing for wildlife habitats.
(e)
Relationship to woodlands on adjoining and nearby properties
and the potential for maintaining continuous woodland areas.
(3) The evaluation of the tract's woodlands shall be undertaken by a forester, landscape architect, horticulturist or another qualified professional acceptable to the Township. This evaluation shall be submitted as a report and made a part of the application for a preliminary plan. At a minimum, that report shall include one or more maps indicating boundaries and conditions of woodland areas accompanied by a report addressing the criteria in Subsection
D(1) above.
(4) In designing a subdivision and land development plan for any tract,
the applicant shall be guided by the following standards:
(a)
Healthy woodlands exceeding one acre shall be preserved and
designated as greenway areas, to the maximum extent possible. Proposed
site improvements shall be located, designed and constructed to minimize
the loss or degradation of woodland areas.
(b)
Subdivisions shall be designed to preserve woodlands along roadways,
property lines and lines occurring within a site such as streams,
swales, stone fences and hedgerows. Such lines and the native vegetation
associated with them shall be preserved as buffers between adjacent
properties and between areas being subdivided within a property. Preservation
shall include ground, shrub, understory and canopy vegetation.
(c)
Disturbance or removal of woodlands occupying environmentally
sensitive areas shall be undertaken only when approved by the Board
and on a limited, selective basis to minimize the adverse impacts
of such actions. This shall include but not necessarily be limited
to, vegetation performing important soil stabilizing functions on
wet soils, stream banks and sloping lands.
(d)
No clearing or earth disturbance (except for soil analysis for
proposed sewage disposal systems) shall be permitted on a site before
the completion of subdivision and land development agreements. The
determination of sight distance clearances along roadways shall be
made graphically and not by clearing on-site prior to plan approval.
E. Upland rural-agricultural areas. These areas comprise fields, pastures,
meadows, and former agricultural areas in early stages of woodlands
succession, with fences, stone walls, tree copses and hedgerows, typically
bordered by stream valleys and upland woodlands. These comprise the
Township's historic working landscape, dotted with historic houses,
barns and other structures. They give the Township much of its rural
character. They also contain the greatest concentration of prime agricultural
soils. Because of their openness and high visibility, development
in these areas is likely to be most readily seen and disruptive to
the historic landscape. They sometimes provide habitat for wildlife,
in conjunction with nearby woodlands and stream valleys. However,
it is recognized that these areas also frequently offer the fewest
constraints for development.
(1) Several elements of these working landscapes lend themselves to incorporation
into the Township's greenway network. These include prime agricultural
soils and natural features which visually punctuate the landscape,
such as hedgerows, tree copses, stone walls, and visually prominent
places such as knolls and hilltops.
(2) These areas can also accommodate development, with preferred locations
being the nonprime agricultural soils and lower topographic settings
where development will be visually less obtrusive. Compact clustered
residential designs, with coordinated architectural and landscape
architectural themes, are encouraged in highly visible locations where
future development cannot be avoided (such as at the far edge of open
fields).
F. Slopes. Moderately sloping lands (12% to 25%) and steeply sloping
lands (over 25%) are prone to severe erosion if disturbed. Erosion
and the resulting overland flow of soil sediments into streams, ponds
and public roads, are detrimental to water quality and aquatic life,
and a potential hazard to public safety.
(1) Areas of steep slope shall be preserved in accordance with §
270-58 of Chapter
270, Zoning, and as required below.
(2) All grading and earthmoving on slopes exceeding 12% shall be minimized.
(3) No site disturbance shall be allowed on slopes exceeding 25% except
grading for a portion of a driveway accessing a single-family dwelling
when it can be demonstrated that no other routing which avoids slopes
exceeding 25% is feasible.
(4) On slopes of 12% to 25%, the only permitted grading beyond the terms
described above shall be in conjunction with the placement of a single-family
dwelling, its access driveway and the septic system (which should
typically be designed with a long, narrow drainage field following
the land contours.
(5) Grading or earthmoving on all sloping lands of 12% or greater shall
not result in earth cuts or fills whose highest vertical dimension
exceeds six feet, except where in the judgment of the Board no reasonable
alternatives exist for construction of roads, drainage structures
and other public improvements, in which case such vertical dimensions
shall not exceed 12 feet. Roads and driveways shall follow the line
of existing topography to minimize the required cut and fill. Finished
slopes of all cuts and fills shall be as required to minimize disturbance
of natural grades.
G. Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance exist throughout the Township. Some of these have been carefully documented, e.g., by the Statewide Natural Diversity Inventory, whereas, for others, only their general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the Township's Map of Potential Conservation Lands or by the applicant's existing resources and site analysis plan (as required in §
235-38) by incorporating them into proposed greenway areas or avoiding their disturbance in areas proposed for development.
H. Historic structures and sites. When the presence of historic sites
is suspected within the development area by the West Manheim Township
Board of Supervisors, the developer shall contact Historic York, Inc.,
and the Pennsylvania Historic and Museum Commission (PHMC). A copy
of all correspondence from Historic York, Inc., and the PHMC, shall
be provided to the Township along with a description of any architectural
and nonstructural site improvements that will be used to protect the
integrity of the historic site.
(1) All subdivisions and land developments shall comply with the historic preservation standards of Chapter
270, Zoning.
(2) Plans requiring subdivision and land development approval shall be
designed to protect existing historic resources of all classes. The
protection of an existing historic resource shall include the conservation
of the landscape immediately associated with and significant to that
resource, to preserve its historic context. Where, in the opinion
of the Board of Supervisors, a plan will have an impact upon an historic
resource, the developer shall mitigate that impact to the satisfaction
of the Board by modifying the design, relocating proposed lot lines,
providing landscape buffers, or other approved means.
(3) Township participation, review and approval of the applicant's
interaction with the State Historical and Museum Commission with regard
to the preservation of historic resources, as required for DEP approval
of proposed sewage disposal systems, shall be required prior to plan
approval.
I. Historic rural road corridors and scenic viewsheds. All applications
for subdivision and land development shall attempt to preserve the
scenic visual corridors along such roads by incorporating them into
greenway areas or otherwise providing for building setbacks and architectural
designs to minimize their intrusion. In instances, where such designs
fail to satisfactorily protect corridors, applicants will be required
to provide naturalistic landscape buffers to minimize their adverse
visual impacts. The species specified for such buffers shall be selected
on the basis of an inventory of tree and shrub species found in existing
hedgerows and along wooded roadside edges in the vicinity of the development
proposal.
J. Trails.
(1) When a subdivision or land development proposal is traversed by or
abuts an existing trail customarily used by pedestrians and/or equestrians,
the governing body may require the applicant to make provisions for
continued recreational use of the trail.
(2) The applicant may alter the course of the trail within the tract
for which development is proposed under the following conditions:
(a)
The points at which the trail enters and exits the tract remain
unchanged.
(b)
The proposed alteration exhibits quality trail design according
to generally accepted principles of landscape architecture (For example:
Bureau of State Parks publication Non-Motorized Trails).
(c)
The proposed alteration does not coincide with a paved road
intended for use by motorized vehicles.
(3) When trails are intended for public or private use, they shall be
protected by a permanent conservation easement on the properties on
which they are located. The width of the protected area in which the
trail is located should be a minimum of 10 feet. The language of the
conservation easement shall be to the satisfaction of the governing
body upon recommendation of the Municipal Solicitor.
(4) The land area permanently designated for trails for public use may be credited toward the greenway land requirement described in Chapter
270, Zoning.
(5) An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the open space requirement described in Part
6 of Chapter
270, Zoning.
(6) Trail improvements shall demonstrate adherence to principles of quality
trail design.
(7) Trails shall have a vertical clearance of no less than 10 feet.
(8) Width of the trail surface shall comply with the requirements of §
235-62.
(9) No trail shall be designed with the intent to accommodate motorized
vehicles.
Land set aside for public recreational use and the "fee-in-lieu"
alternative. The following standards shall apply to new subdivisions.
All actions by the governing body under this section must also be
consistent with the provisions of the state enabling legislation.
A. Applicants for new residential developments involving 10 or more
dwelling units shall be required to set aside 5% of their gross tract
acreage as undivided recreational land designated for public usage.
Such land shall be suitable for active and/or passive recreation,
with at least half the land suitable for active sports, where such
facilities are required by the governing body.
B. In lieu of a setting aside for public usage, two alternatives exist
for the applicant proposing subdivision involving 10 or more dwellings:
(1) The applicant may offer a set-aside land limited to recreational
usage by the residents of the proposed subdivision. If land is set
aside in this manner for private recreational use, it shall also be
permanently protected through a conservation easement enforceable
by the Township and/or a land trust, prohibiting future nonrecreational
(or commercial recreational) uses.
(2) The applicant may offer to pay a fee to the Township in lieu of any
recreational land set aside. Situations in which it would be appropriate
for the Township to accept such offers include cases where the land
would not provide a particular public benefit because of its small
size or location. Exceptions to this rule, where public use of relatively
small land areas would still be appropriate, include situations in
which the land could be used to buffer or extend public parks or public
school grounds, or could provide potential linkage in a future Township
trail network.
C. The decision whether to accept a fee-in-lieu offer by the applicant
shall lie with the Board, which shall also establish the amount of
the fee in lieu, based upon the Township's estimated cost of
acquiring land that is similar in area and attributes, which would
better serve public recreational needs. In appraising alternative
sites, the Township shall be guided by the site selection criteria
contained in its Open Space Plan. Such estimates shall be based on
discussions with realtors or appraisers familiar with land values
in the locality. All such fees collected shall be deposited in an
interest-bearing account earmarked for recreational land or facility
provision by the Township, and the applicant shall be informed of
the use to which the fee will be put. Alternatively, the Board may
establish a flat fee (based on discussions with realtors or appraisers
familiar with land values in the area) for general use with subdivision
applicants.
D. In subdivisions involving fewer than five dwelling units where, in
the judgment of the governing body, there would be no particular public
benefit accruing from a public dedication (as described above), or
from a set aside for shared private recreational usage among the subdivision
lot owners, the applicant may offer to place a conservation easement
on certain areas of land within individual house lots where certain
environmentally sensitive features are present, without conferring
common access rights or privileges for the subdivision residents or
the broader public. The percentage of land that is thus protected
shall generally be not less than 20% of the gross land area of the
subdivision. This land may be access-restricted not only from the
public but also from other residents in the subdivision.
E. In subdivisions with fewer than 10 dwelling units, where there would
be no particular benefit accruing from a public dedication (as described
above), the recreational land that is part of the requirement for
undivided open space shall be designated for private shared recreational
usage among the subdivision lot owners.