Township of Millcreek, PA Article VIII General Development Standards

§ 125-49 Application of general standards.

The standards, regulations and requirements of this article shall apply to and govern all developments. All plans of a subdivision, land development or other development subject to this chapter shall conform to the standards established in this article, all regulations of Chapter 145, Zoning, and Chapter 116, Stormwater Management, the regulations established elsewhere in this chapter, regulations and construction standards set forth in Chapter 29, Part 2, Public and Private Improvements, and all other federal state and local laws and regulations, all of which shall be enforced in addition to these general standards.

§ 125-50 Prerequisites for approval.

No land shall be developed and the Board of Supervisors shall not approve a development plan application unless it shall find that the application complies with all regulations of this and other Township ordinances and meets all of the following requirements as are applicable:

A. Adequate access to the land over streets or thoroughfares exists or will be assured by the developer in the plan.

B. Such land is suitable for the proposed use, land being considered unsuitable for development by reason of flooding, improper drainage which cannot be rectified by a stormwater management plan, objectionable earth and/or rock formation, topography, other physical features or existing easements found to be such that development of the land would injure or be detrimental to the health or safety of residents and/or occupants of the proposed development and/or to the community as a whole or a section of the Township.

C. All streets shall be of the required width, grade and construction, and shall be so located as to accommodate the probable volume of traffic thereon.

D. The proposed development shall afford adequate light and air.

E. The proposed development shall facilitate and not impede fire protection and emergency services and provide adequate access by firefighting and other emergency services to the development and buildings therein.

F. The proposed development does not violate the Township's Transportation Plan and/or Official Map or adversely affect proposed streets or extensions of streets set forth on the Transportation Plan and/or Official Map.

G. The land subject to the development is, as of the date of action on the plan application, zoned to allow the proposed use and the development complies with all regulations in Chapter 145, Zoning.

H. The proposed development shall provide a coordinated system of streets conforming to the Township's existing or plan of streets.

I. The proposed development shall not abut or have access upon a street, all or any portion of which is deemed by the Board of Supervisors to be of insufficient or inadequate width, grade or condition to accommodate the proposed development and/or additional traffic to be generated therefrom or where access would have inadequate sight distance clearance, and no such development shall be approved. These standards shall apply as to streets or state highways upon which the proposed development would access directly and those to which its direct access necessarily would have further access. The Board of Supervisors shall not authorize access to a Township street in such circumstances and issuance by PennDOT of a highway occupancy permit shall not deprive the Board of its obligations under this subsection.

J. The proposed development meets all requirements established for grant of a permit for access to Township streets and all conditions for grant of such permit have been met.

K. In the case of developments for business, industrial and public purposes, no access upon a major street shall be located nearer than 500 feet from another driveway access or public or private street along the same side of such street.

L. A proposed residential development meets all density of development and design regulations established in this chapter and Chapter 145, Zoning.

M. The proposed development does not provide for construction upon and, as applicable, ensures preservation of lands defined in this chapter and other applicable laws, ordinances and regulations as not being developable;

N. The proposed development complies with regulations established in Chapter 116, Stormwater Management, and the developer has submitted a proposed stormwater management plan which has been certified to the Board as meeting requirements of that chapter;

O. The developer is offering dedication for public use of all required improvements intended to be public upon their completion;

P. Easements will be granted under and pursuant to the plan to allow proper maintenance and inspection of storm drainage facilities, access by the Township and/or the public to watercourses, preservation of open space and otherwise as is deemed necessary to ensure compliance with the recreation and open space plan, the official plan and applicable regulations; and

Q. Developer has submitted with the application or will pursuant to approval of the plan enter into all required agreements and grant to the Township all deeds, declarations of easement and other documents necessary to effectuate the provisions of this chapter, other applicable laws, ordinances and regulations and/or any conditions imposed on plan approval.

§ 125-51 General standards.

A. Unless determined by the Board of Supervisors to be impossible or impracticable in the circumstances, all developments shall:

(1) Preserve existing wetlands, watercourses, lands within the one-hundred-year floodplain, slopes exceeding that allowed for developable land and soils subject to slumping, all of which generally shall be deemed nondevelopable lands;

(2) Preserve mature woodlands, aquifer recharge areas, areas with highly permeable soil, significant wildlife habitat areas, sites listed on the Pennsylvania Natural Diversity Inventory, prime farmland, historic, archaeological or culture features listed or eligible for listing on national, state or county inventories and scenic views into the property from existing public streets;

(3) Include a greenway buffer along all bodies of water and watercourses and along wetlands soils classified as "very poorly drained" in the medium-intensity county soil study of the USDA Natural Resources Conservation Service;

(4) Connect streets, sidewalks, paths, trails and open space with adjacent developments or to adjacent undeveloped land;

(5) Where deemed necessary by the Board of Supervisors, provide a natural buffer along boundaries with adjacent developed lands;

(6) Provide for installation of underground utility lines;

(7) Provide public water and sewer service; and

(8) Grant to Millcreek Township easements ensuring access for ingress to, egress from and work upon watercourses, storm drainage facilities and, as applicable, open space.

B. All applications for developments shall identify primary and secondary conservation resources as defined in this chapter or the Township's recreation and open space plan which exist upon and about the land proposed for development.

C. Density of development as authorized in this chapter and/or Chapter 145, Zoning, shall be calculated after exclusion of all lands defined in the ordinances or other applicable laws as being nondevelopable.

§ 125-52 Easements and access.

A. Easements shall be granted to Millcreek Township to ensure Township access to stormwater management and storm drainage facilities, drainage swales, wetlands, watercourses, public lands, access for inspections and maintenance required under this chapter, Chapter 116, Stormwater Management, and/or the plan and otherwise as the Board of Supervisors, in its discretion, shall require.

B. All lands within a proposed development which are subject to grant of easements to the Township shall be identified as such on the plan.

C. General easements shall be granted to Millcreek Township to enter upon and perform inspections and/or maintenance as required under this chapter or any other applicable law, ordinance or regulation.

D. Easement areas granted with respect to utilities and stormwater management or drainage facilities must be at least 20 feet in width, and those pertaining to drainage swales must be at least 15 feet in width. The Board of Supervisors may require additional widths if it believes them to be necessary or appropriate in the circumstances.

E. Easements granted under a development plan which are intended to set aside and/or preserve open space, establish natural buffers or for other purpose intended to run with the land shall be clearly identified on the plan, and shall be confirmed and detailed as may be required by the Board of Supervisors.

F. The owner's plat certificate required to be set forth on the final plan shall declare all easements shown upon the plan and/or otherwise required as a condition of plan approval.

G. Prior to release of the final plan for recording, the developer shall submit to the Township a Declaration of Easement in a form as then adopted by the Board of Supervisors, granting to the Township all required easements. Such declaration of easement shall be recorded immediately after recording of the final plan and before sale of any lot(s) in the development, and upon recording shall be returned to and retained by the Township.

H. All easements granted to the Township shall run with the land unless expressly stated otherwise in the plan, and shall bind the developer and all subsequent owners and/or occupants of the premises. It shall be unlawful and constitute a violation of this chapter for any person to modify, alter or limit in any way rights expressly granted under an easement.

§ 125-53 Stormwater management and grading plans.

A. No changes in grading shall be made, nor shall any excavation of land be done prior to submission and approval of a sedimentation and erosion control plan.

B. Grading and other stormwater management or storm drainage facilities and swales effected in accordance with an approved stormwater management or grading plan shall be permanent improvements to the land. It shall be unlawful and constitute a violation of this chapter for any person to alter, modify or in any way change the grading or facilities without the prior written approval of the Board of Supervisors.

(1) The developer of a subdivision or land development shall be responsible for implementation of the approved stormwater management or grading plan and for ensuring compliance with such plan by lot purchasers, builders and others engaged in development or construction on the subject premises.

(2) Any person desiring to develop, construct improvements or alter grading on land subject to an approved stormwater management or grading plan shall perform all such work in accordance with the approved plan.

§ 125-54 Access to Township streets.

A. Access permit required. No street, driveway, drive, parking lot or other access shall be constructed, extended, opened or altered, connect with and/or have access to and upon a Township street absent prior issuance by the Township of a permit authorizing such connection or access in accordance with the standards established in this chapter.

(1) No access permit shall be granted unless all standards for access and regulations governing permits have been complied with.

(2) The Board of Supervisors shall deny an application for connection or access to a Township street where it finds that the street or any portion or length of the street to which connection or access is proposed and which the proposed development would abut is of insufficient width, grade or condition to accommodate the proposed development, street, driveway and/or additional traffic to be generated therefrom.

(3) The Board of Supervisors may, in its discretion, deny an application for access permit should it find that the proposed connection or access:

(a) Is situated at a point where, by virtue of the condition of the existing street, traffic flow on the existing street, topography and/or other physical condition, would not meet necessary sight distance clearance or expose traffic on the existing and/or proposed street to undue risk of disruption or accident;

(b) Will generate additional traffic flow which cannot be accommodated safely by the existing street as a consequence of its nature, present traffic volume, established speed limit or other existing factor;

(c) Would utilize a local residential Township street for nonresidential and/or non-local traffic and/or impose upon the existing street traffic in excess of that intended for the existing street's classification or construction; or

(d) Otherwise fails to comply with regulations in this chapter, and/or other applicable laws, ordinances and regulations.

(4) The Board of Supervisors may enter into such agreements with a developer as would provide for improvements deemed necessary.

(5) A traffic study and analysis shall be submitted for all major subdivision and all land development applications as defined in § 125-6 and required in Article V.

B. Traffic volume classifications and definitions.

(1) Drives and streets are defined, and shall for purposes of access to Township streets, be regulated in accordance with the following classifications, based upon estimated number of vehicles entering and exiting therefrom in a given day:

(a) Minimum use: less than 25 vehicles per day;

(b) Low volume: 25 to 200 vehicles per day;

(c) Medium volume: 200 to 500 vehicles per day;

(d) High volume: over 500 vehicles per day.

(2) A joint-use driveway is one which serves two or more properties.

C. Applications for and issuance of permits.

(1) Minimum use; no development. Applications for access permits with respect to minimum use driveways only may be submitted and considered by the Zoning Officer in connection with an application for a zoning permit, where no development or stormwater management plan is required under this or other ordinance.

(a) The Zoning Officer, after consultation with the Township Engineer, is authorized to issue access permits only in connection with action upon applications for permits in the case of minimum use drive access only, and only where all requirements for a minimum access drive permit established herein and in Chapter 145, Zoning, have been complied with.

(b) The Zoning Officer shall not consider or issue access permits where a development or stormwater management plan is required, or in absence of a proper application for building or zoning permit.

(c) Delegation to the Zoning Officer of authority to issue access permits in connection with building permits is intended solely to expedite application processes in such instances. No appeal or request for variance from minimum volume access regulations to the Zoning Hearing Board is authorized, and no building permit shall be issued until all requirements for the required access to a Township street have been met.

(2) In connection with development. Where an access permit is requested in connection with a development subject to regulation under this chapter, such request shall be made as a part of any plan application submitted to the Township, and shall be acted upon by the Board of Supervisors as being included in the plan application. Approval of a plan shall constitute approval of the access(es) to Township streets as shown on the approved plan, subject to such conditions as may be imposed on plan approval.

(3) Other circumstances. Where access to a Township street is desired in circumstances which do not require issuance of a zoning permit or plan approval, or where the Zoning Officer, in consideration of a building permit application, cannot issue an access permit because: all requirements therefor are not complied with; or greater than a minimum use access is requested, the applicant shall apply to the Board of Supervisors for grant of an access permit.

(a) Such application shall be submitted to the Township Engineer on such form(s) as the Board of Supervisors may adopt.

(b) The application shall be accompanied by such traffic analysis or projection as is required under this chapter or other regulation adopted by the Board of Supervisors to establish estimates of traffic volume, access classification, location of proposed access and such other data as is necessary to evaluate the application.

(c) The Township Engineer shall review such application and, in writing, certify to the Board of Supervisors whether all applicable requirements for an access permit have been met with recommendation as to whether the permit should be granted.

(d) The Board of Supervisors shall act on such application at a regular meeting of the Board, and notice of the Board's decision shall be communicated to the applicant by the Township Engineer. If the application is denied, reasons for denial shall be set forth in writing.

D. Street/road bond. A street or road bond in a form acceptable to Millcreek Township shall be required in all cases where:

(1) A development or minor subdivision involves driveway or drive access and estimated traffic volume in excess of minimum use; or

(2) The Board of Supervisors finds that the proposed access would involve potential health, safety or welfare considerations which warrant such bond.

§ 125-55 Private streets.

Millcreek Township, as a policy, expresses a strong preference that streets in developments be public, so as to ensure compliance with established specifications, the Transportation Plan and general planning objectives, and to ensure proper maintenance and removal of snow and ice. Private streets are prohibited generally, except in multiple dwelling residential, business and industrial developments under single ownership in which the single owner shall be responsible for their maintenance and for removal of snow and ice therefrom. The Board of Supervisors shall not approve any development plan application providing for private streets, except in accordance with the requirements of this section:

A. Private streets are authorized in business, industrial, manufactured home park and multiple dwelling developments, where the developer ensures that such streets shall be maintained and that snow and ice shall be removed from said streets by the single owner of the property.

B. No subdivision or development shall be allowed which would increase the number of lots abutting or having their access onto an existing private street.

C. The Board of Supervisors may approve a residential development not meeting the definition of multiple dwelling development which includes private streets upon application and where the Board finds that:

(1) The development is intended and designed, and will be maintained as private to lots located within it, and will not be connected with adjacent developments;

(2) All lots in the development are at least one acre in size;

(3) The development does not conflict with planning purposes of this chapter and/or provisions of the Comprehensive Plan, the Transportation Plan, the Official Map or any other applicable law or ordinance;

(4) The proposed development does not constitute an improper attempt to evade construction or development regulations;

(5) The development would include measures limiting entry thereto to owners, their invitees and police, firefighting, emergency medical and public service staff and equipment;

(6) The proposed development is not conducive to public maintenance, operation, ingress or egress;

(7) The application is not made for financial reasons; and

(8) Adequate provision for maintenance of the streets will be assured.

D. Approval by the Board of Supervisors of private streets in such residential development shall be subject to the following conditions, which shall run with the land:

(1) Design and construction standards for public streets established in this chapter and in Chapter 29, Part 2, Public and Private Improvements, shall otherwise be complied with, the Board of Supervisors having authority to authorize reasonable modifications deemed appropriate in the circumstances;

(2) No future subdivision of any lot within the development shall be allowed;

(3) The development shall not be eligible for creation of a streetlighting district or other improvement which can be effected by the Township only on public streets and rights-of-way;

(4) The developer shall, contemporaneously with recording of a final plan, create by recorded declarations or other document(s) after prior review and approval by the Township a property owners', condominium or like association to own, hold, maintain and oversee all privately owned streets and other common facilities, such governing documents to comply with the requirements of § 125-36G of this chapter and provide, at a minimum, that:

(a) Ownership of a lot in the development constitutes membership in such association and gives rise to a mandatory obligation to pay assessments sufficient to adequately fund the association or other entity;

(b) Streets and other specified common facilities are privately owned and shall be owned, held, maintained and improved solely by such association or entity;

(c) Upon the specific request of the developer, Millcreek Township shall not be obligated to maintain or improve such streets, facilities and property; cannot and will not enforce traffic regulations upon such streets and/or establish or assist improvements to such streets and facilities; and shall have no responsibility or liability for the said streets, facilities and lands and/or their maintenance and condition;

(d) The development at all times shall be maintained as a private community, with ingress and egress limited to owners, their invitees and firefighting, emergency medical, service, public service and other public personnel and equipment;

(e) No lot within the development may in the future be subdivided;

(f) No private street in the development will be accepted by the Township as a public street unless it should be constructed or improved in accordance with then existing Township specifications and the Board of Supervisors should in its discretion agree to open and accept the same upon receipt of a petition to open public street signed by all owners of lots abutting such street(s); and

(g) Such other provisions as required by the Board of Supervisors to confirm all conditions on approval.

(5) The plat as approved shall identify the development as a private community and specify that streets and other common facilities shown thereon are intended to be and remain private, and are not to be held, maintained or improved by Millcreek Township; and

(6) The developer shall construct and install, and the successor owner(s) of all privately owned streets and common facilities shall at all times maintain:

(a) Security gate(s) or equivalent measures ensuring restricted access to the community and entry to invitees and others identified above whose entry is to be authorized;

(b) Signage approved by the Township at all entrances to the development which identifies the development as a private community; and

(c) Such private traffic regulation signage and enforcement thereof as developer or the successor owner of such streets determines to be appropriate, the Board of Supervisors being authorized to require such signage and enforcement if deemed necessary for the safety of residents in the development.

§ 125-56 Exterior lighting.

All exterior lighting of a premises shall adhere to the following standards:

A. Such lighting shall not create a traffic hazard by glare, direction, extent of illumination or other factor which disturbs vehicular traffic or motorists.

B. Where the premises abuts or is located in a residential use district, such lighting shall be directed toward the buildings on the subject property and shall be shaded or otherwise controlled so as not to direct glare toward surrounding uses.

C. In any district, such lighting shall not interfere with the reasonable quiet enjoyment of surrounding properties and uses.

D. Illumination of exterior lighting outside the owner or occupant's normal business hours shall be reduced to that required for security purposes.

E. Illumination shall be reduced after 9:00 p.m. daily to a level that protects adjacent and nearby properties and uses.

F. Where the premises abuts or is located in a residential use district or, by virtue of topography, exterior lighting would affect nonabutting residential properties, the Board of Supervisors shall have authority to impose limitations on number of lights, degree of illumination and hours of lighting operation as it deems necessary to protect interests of nearby properties.

§ 125-57 Landscaping and greenspace in nonresidential developments.

A. All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the right-of-way line of a Township street or state highway by a planting strip at least 10 feet in depth, unless adjoining property owners mutually agree to common facilities subject to greater setbacks as may be authorized in Chapter 145, Zoning.

B. In parking areas of 1/2 acre or larger, at least 5% of the total parking area shall be devoted to landscaping.

§ 125-58 Open space.

A. Generally, open space required to be set aside and preserved in a residential development shall preserve primary conservation areas and natural resources, including wetlands, streams, scenic views, woodlands and historic areas.

B. Open space areas must be in the form of large contiguous tracts, with linear trails or paths connecting larger tracts or parks adjacent to the open space in the parcel being developed, in accordance with an open space master plan which includes the development, or in such other suitable configuration as is approved by the Board of Supervisors.

C. Open space to be preserved and set aside in a residential development in calculating density of development must be developable land. Nondevelopable land can be set aside and preserved as open space, but shall not be counted in calculating allowed density of development.

D. Open space required in a residential development plan shall not include streets, private yards, required spacing between buildings, stormwater management facilities or any required improvements to be dedicated for public use.

E. All open space must be accessible to those intended to benefit from it, from a public street or a public pedestrian sidewalk or path.

F. The developer must submit, with the development plan application, a detailed statement, including covenants, agreements and other specific documents defining the intended ownership of the open space and method of maintenance and utilization of the open space within the development. Such covenants and agreement shall be perpetual in effect and must be recorded prior to or contemporaneously with the plan as approved.

G. The plan must identify the open space, specify that it is not to be developed and identify the intended type of open space (i.e., common, private, public).

§ 125-59 Outside storage.

A. Storage of any outside materials on property which abuts any public right-of-way and/or any residential zoning district must be screened at all times.

B. On any nonresidential premises which abuts a residential zoning district and/or a public right-of-way, receptacles for storage of municipal waste, recyclable materials, leaf waste or other materials shall be entirely screened or enclosed by a complete visual barrier type of fence at least as high from ground level as the receptacle with its top lid open.