[Ord. 105, 12/13/1993, § 800; as amended by Ord.
169, 10/11/1999, § VI; and by Ord. 292, 4/12/2010]
The following minimum subdivision principles and land development standards and requirements shall be applied by Township officials in evaluating any application for subdivision and/or land development approval, except as otherwise specified. In addition, compliance with exhibits numbered 1 through 7 for the identification, design and construction of public improvements, attached to this chapter as the Jefferson Township Standard Details, is required.[1]
[1]
Editor's Note: The Standard Details are included at the
end of this chapter.
[Ord. 105, 12/13/1993, § 801]
1.
Land shall be suited for the purpose for which it is to be subdivided.
2.
Land subject to hazards of life, health and safety, such as strip
mine land, quarry land, open ditches and land subject to flooding
or subsidence, shall not be subdivided for residential purposes. All
such hazards shall be identified and eliminated by the owner or developer,
and guarantees shall be provided to the Township that adequate safeguards
against such hazards have been provided.
3.
No land shall be subdivided in a manner that landlocks or compromises
the use or future development of contiguous or adjacent land areas.
[Ord. 105, 12/13/1993, § 802; as amended by Ord.
169, 10/11/1999, § VII; by Ord. 220, 11/8/2004; and by Ord.
292, 4/12/2010]
1.
Proposed streets shall be properly related to Township, county and
state road and highway plans that have been prepared and officially
adopted and/or filed as prescribed by law.
2.
Streets shall be logically related to the topography to achieve usable
lots and reasonable grades.
3.
Internal subdivision streets shall be laid out to discourage unnecessary
through traffic, but provision to coordinate adjacent area streets
will be generally required.
4.
Where a subdivision plan abuts or contains an existing or proposed
arterial street, the Board of Supervisors may require local access
streets, reverse-frontage lots or such other treatment that will provide
protection for abutting properties, reduction in the number of intersections
with arterial streets, and separation of local and through traffic.
5.
New half or partial streets will not be permitted, except where essential
to reasonable subdivision of a tract in conformance with the other
requirements and standards of this Part, and where, in addition, satisfactory
assurances for dedication of the remaining part of the street is secured.
6.
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.
7.
Dead-end streets shall be prohibited except when designed as culs-de-sac.
Permanent cul-de-sac streets may be permitted when it is clear that
through traffic at such a street end is not essential to the existing
or future street system in that district or to the development of
adjacent properties in the area.
A.
Such streets, when permitted, shall be at least 250 linear feet and
shall not exceed 500 linear feet, including the culs-de-sac. Permanent
cul-de-sac streets may be permitted when it is clear that through
traffic at such a street end is not essential to the existing or future
street system in that district or to the development of adjacent properties
in the area.
B.
The turnaround shall have an outside roadway diameter of not less
than 90 feet and a right-of-way diameter of not less than 100 feet.
C.
The minimum grade of the turnaround portion of the cul-de-sac shall
be 1%.
D.
The maximum grade of the turnaround portion of the cul-de-sac shall
be 3%.
E.
The minimum width of all lots abutting a cul-de-sac shall be 50 feet
at the right-of-way line.
8.
If lots resulting from original subdivision are large enough to permit
additional subdivision, or if a portion of the tract is not subdivided,
adequate street rights-of-way shall be provided as necessary to allow
for future development activity.
9.
Reserve strips, restricting or controlling access to adjacent streets
or properties, shall be prohibited. This requirement shall apply equally
where the point of a cul-de-sac touches portions of an adjacent tract
or land parcel. In such situations, a fifty-foot right-of-way shall
be recorded on the plan to provide for future street extension.
11.
12.
Street Intersections.
A.
Multiple intersections involving junction of more than two streets
shall be prohibited. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular
safety.
B.
Streets shall be laid out to intersect as nearly as possible at right
angles. No street shall intersect another at an angle of less than
60°.
C.
Streets entering opposite sides of another street shall be laid out
either directly opposite one another or with a minimum offset of 150
feet between their center lines.
D.
A clear sight triangle with additional public road right-of-way shall
be maintained at all intersections within an area formed by the intersecting
street lines and a line joining points on the street lines 75 feet
from the corner.
E.
Intersections of local streets with collector and arterial streets
shall be kept to a minimum, consistent with topography and other local
conditions. All subdivision intersections of less than 150 feet shall
be avoided. To the fullest extent possible, intersections with collector
and arterial streets shall be located not less than 800 feet apart,
measured from center line to center line.
13.
Alleys shall not be permitted in any subdivision.
14.
Private Streets.
A.
Vehicular rights-of-way not dedicated for public use shall not be
accepted by the Township as public streets, nor shall layout and improvements
to lots abutting private streets be approved for more than a maximum
total of three lots. At least one of the lot owners on such a proposed
and authorized private street must own the private street, with the
other (one or two) lot owners having recorded easements to use the
private street. A shared maintenance agreement for permitted private
streets, in a form acceptable to the Township, is required to be signed
by all property owners with access to the proposed and authorized
private street, and such shared maintenance agreement shall be recorded
in the Butler County Office of the Recorder of Deeds at the time of
final plat/plan recording and prior to the transfer of any lot abutting
said public street. The shared maintenance agreement must be in the
chain of title for all properties on the plat/plan.
B.
The final plat/plan must contain a written notation that Jefferson
Township has no jurisdiction to enforce and will not enforce the obligations
of the property owners in the plan under the shared maintenance agreement.
C.
The final plat/plan must contain a reference to the recording information
for the shared maintenance agreement for the plat/plan.
D.
When such private streets are proposed and authorized, they shall comply with all requirements set forth for the design and construction to Township standards for acceptance as a public right-of-way by the Township, including but not limited to the requirements and standards referred to in § 22-903 hereinabove and hereinbelow and Exhibits 1 through 24 for the design and construction of public improvements,[1] with the exception that: (i) such private streets need
not be paved; and (ii) such private streets are not to be dedicated
and accepted as public roads. All other requirements for public streets
shall be complied with in the design and construction of the private
street, including but not limited to base requirements, right-of-way
and cartway width, cul-de-sac provisions and other regulations regarding
the requirements for public streets.
[1]
Editor's Note: The Exhibits are included at the end of
this chapter.
E.
No private street shall be extended or created until and unless the
segment of roadway or street with which the private street intersects
is designed and constructed to Township standards and accepted as
a public right-of-way by the Township.
F.
Private streets shall not be maintained, repaired or serviced by
the Township.
15.
Streets proposed for commercial or industrial land development purposes
shall, if possible, be laid out to intersect directly with arterial
and collector streets. Insofar as possible, traffic circulation systems
for commercial and industrial subdivisions shall be designed in a
manner to eliminate or discourage traffic flow through residential
areas.
16.
Driveways (Site Ingress and Egress).
A.
Commercial and industrial ingress and egress (driveways) shall be
designed to provide optimum visibility and to minimize traffic congestion
in the vicinity of the development parcel. Traffic access design shall
conform to the following requirements:
(1)
(2)
Separate defined ingress—egress points shall be required
for all commercial and industrial development parcels.
B.
All driveways shall be constructed so as not to interfere with roadway
drainage. Cross drains shall be constructed beneath the driveway where
required to provide adequate drainage.
[Ord. 105, 12/13/1993, § 803; as amended by Ord.
169, 10/11/1999, § VIII; and by Ord. 292, 4/12/2010]
1.
The following general provisions shall apply to all subdivisions
of land:
A.
All lot area requirements and specified minimum yard and setback
designations shall be dimensioned from public rights-of-way where
applicable. No lot area requirement or setback shall be computed from
within a public right-of-way.
C.
All lot lines shall be set perpendicular or radial to the center
line of the street whenever possible.
D.
Lots abutting local streets shall front on the streets that parallel
the long dimension of the block, if possible.
F.
No land shall be graded, cut or filled so as to create a slope exceeding
a vertical rise of one foot for each two feet of horizontal distance
between abutting lots, unless a retaining structure is installed in
accordance with specifications approved by the Township Engineer and
the Board of Supervisors.
G.
The literal application of front yard setback requirements for single-family
dwellings may be relaxed by the Board of Supervisors in predominantly
developed areas, provided that:
(1)
Seventy-five percent or more of the established structures on
the same side of the street in the immediate vicinity have front yard
areas less than required by this chapter.
(2)
For purposes of this setback relaxation, immediate vicinity
shall be interpreted as a block area not exceeding 800 linear feet
which is between either two intersecting streets or an intersecting
street and a cul-de-sac.
(3)
In the absence of typical block development in open or rural
areas, the immediate vicinity shall be determined as developed parcels
within 500 linear feet of the subject property.
(4)
Where setback relaxations are granted, the front yard setback
requirements shall be established as the average setback of all existing
structures in the immediate vicinity.
2.
Lots laid out for residential purposes shall be subdivided in accordance
with the following minimum dimensional provisions:
A.
Minimum Lot Area.
C.
Flag Lots.
(1)
All flag lots shall have a minimum fifty-foot frontage on a
street or roadway. The "pole" segment of a flag lot must consist of
a right-of-way not less than 50 feet in width running to the "flag"
portion of such a lot.
(2)
The lot line at the base of the "flag" portion of the lot shall
be a minimum of 125 feet.
(4)
Where no further subdivision of land or extension of streets
or access roads can occur on a residual parcel due to topography or
other conditions, the required width and frontage on a street or roadway
of the flag portion of a flag lot may be reduced to a twenty-foot
minimum when a single parcel or lot is being accessed.
3.
Lots and tracts of land laid out for commercial and industrial purposes
shall be subdivided in accordance with the following provisions:
B.
The Planning Commission may recommend, and the Board of Supervisors
may authorize, block platting in place of lot platting for nonresidential
purposes to provide the developer maximum flexibility, provided that
no block shall be subdivided in such a way that any subsequent lots
would be smaller than the minimum size authorized by this chapter.
C.
The developer shall demonstrate every effort to protect adjacent
existing or potential residential development sites through the provision
of guarantees or other appropriate procedures or amenities designed
and established for the purpose of mitigating adverse influences resulting
from business activities.
E.
Minimum Lot Dimensions.
[Ord. 105, 12/13/1993, § 804]
1.
Utility and public utility easements shall have a minimum width of
20 feet and be placed at the side or rear of lots if possible. When
the Board of Supervisors determines that conditions are suitable for
utilities and/or public utilities, an easement reservation will be
required.
2.
Where a subdivision is traversed by a watercourse, there shall be
provided a drainage easement or right-of-way conforming substantially
with the line of such watercourse and of such width as will be adequate
to preserve natural drainage and provide sufficient width for maintenance
by adjacent property owners, but not less than 20 feet. Where applicable,
federal, state and local flood maps and data shall be employed to
determine the location of easements or rights-of-way required by this
Part.
[Ord. 105, 12/13/1993, § 805]
Sidewalks and crosswalks shall be installed by the subdivider
or developer along public streets or at other locations deemed necessary
for public safety if determined necessary by the Board of Supervisors
because of safety or relationship to contiguous development.
[Ord. 105, 12/13/1993, § 806]
Reserve strips surrounding property, or areas reserved for any
purpose that shall make any area unprofitable for regular or special
assessments, or that may revert to an untended nuisance area, shall
not be approved by the Board of Supervisors.
[Ord. 105, 12/13/1993, § 807]
1.
The subdivider may choose his street names, subject to the approval
of the Board of Supervisors. No street, other than an extension, may
be given the name of an existing street in the Township's postal
service area.
2.
A street laid out opposite another street shall be given the same
name or number as the opposite street.
3.
All house-numbering systems shall be coordinated with the numbering
of existing development in the area and approved by the Planning Commission
and the Board of Supervisors.
[Ord. 105, 12/13/1993, § 808]
Subdividing land shall be done in a manner that will not bar
adjacent property owners from access to streets and ways of alignment
or otherwise preclude the development of surrounding land areas.
[Ord. 105, 12/13/1993, § 809]
1.
Provisions for improvement and maintenance of any open space and
recreation areas set aside as common space shall be guaranteed by
appropriate bonds or (similar/other) provisions satisfactory to the
Board of Supervisors.
2.
Recreation and community facilities developed totally or in part
on land provided by a developer shall be established consistent with
the following criteria:
A.
Facilities and areas shall be located in a manner to best serve both
the Township and the future inhabitants of the development or subdivision.
B.
Facilities and areas shall be located on land that is topographically
suitable and safe from traffic and other safety hazards and readily
accessible to the general public.
[Ord. 105, 12/13/1993, § 810]
1.
Trees, shrubbery and similar vegetation shall not be established
within a road right-of-way.
2.
Trees, shrubbery and similar vegetation shall not be established
in proximity to a road right-of-way in a manner that interferes with
clear site access from the road cartway.
3.
In wooded areas or where other natural conditions exist in such a
manner that their presence adds to the desirability of a subdivision,
the Board of Supervisors shall require that the subdivider preserve
as much of the original vegetation and natural conditions as is economically
feasible, and require that a minimum of grading be done other than
the grading and excavating that is required in the construction of
the improvements, in accordance with the standards included herein.
4.
All development and earthmoving activities subject to applicable
law under the Pennsylvania Department of Environmental Resources,
Title 25, Chapter 102, Erosion and Control, shall be complied with.
[Ord. 105, 12/13/1993, § 811; as added by Ord.
169, 10/11/1999, § IX]
1.
Environmental Impact Statement Requirements. Where a combination
of two or more of the following site characteristics are present,
the Planning Commission may recommend to Board of Supervisors that
an environmental impact statement be submitted as part of the application.
Where indicated, all information submitted shall comply with standards
established by the Pennsylvania Department of Environmental Protection
and shall be received by the Jefferson Township Planning Commission
at least 10 days prior to a scheduled review.
A.
Construction activity in undermined areas with less than 100 feet
of overburden, as designated by the Bureau of Mining and Reclamation.
B.
Construction activity or encroachment involving a natural stream,
watercourse or wetland.
C.
Construction activity within a landslide-prone area as delineated
on landslide susceptibility maps as maintained by the Pennsylvania
Geological Survey or as prepared by recognized experts acceptable
to the Township Engineer.
D.
Construction activity involving the removal of 10,000 square feet
or more of forest or construction activity involving the removal of
natural vegetation of three acres or more in area.
E.
Construction activity within 100 feet of any wetland.
2.
Environmental Impact Statement Content.
A.
A description of the project. A map indicating:
B.
An assessment of the environmental impact of the proposed development with particular attention paid to those items as outlined in Subsection 2A.
C.
A list of all licenses, permits and other approvals required by municipal,
county, state and federal law and the status of each shall be required
before final consideration of the land development plan. Where applicable,
the applicant shall submit at the time of consideration of final approval
stream encroachment or relocation, wetlands mitigation, dams or any
other permit or permit waiver necessary for construction of the development.
D.
A list of steps proposed to minimize environmental damage to the
site and region during construction and operation. The consideration
of soil erosion, preservation of trees, protection of watercourses,
protection of air resources and noise control are some factors to
be considered.
E.
Evidence that the environmental impact statement was prepared by
a professional, competent in the field of concern, i.e., a soils engineer
for excavation or soils problems, a geologist or geotechnical consultant
for undermining and landsliding problems, etc.
3.
Waiver of Environmental Report Requirement. The Planning Commission
may waive the requirement for an environmental impact statement if
an applicant requests said waiver in writing and, further provided,
said development meets all the standards of the Zoning Ordinance,
does not involve the relocation, improvement or alteration of any
streamway and no portion of the site is located within a flood hazard
or flood-prone area as delineated on the FEMA Map for Jefferson Township.
