The following principles, standards and requirements shall be
applied by the Board of Supervisors and Planning Commission to evaluate
plans for proposed subdivision or land development and any other new
development or redevelopment of a site upon which such improvements
do not currently exist. The standards and requirements outlined below
shall be considered minimum standards and requirements for the promotion
of the public health, safety, morals, and general welfare. Where literal
compliance with the standards specified is clearly impractical, the
Board of Supervisors may modify or adjust the standards to permit
reasonable utilization of property while securing substantial conformance
with the objectives of this chapter. Required improvements shall be
installed by the applicant for subdivision or land development. The
final plan shall not be approved until final detailed design and improvements
are approved and the improvements are installed or financial security
is provided to the Township to ensure installation.
A.
Land shall be suited to the purposes for which it is to be subdivided
or developed.
B.
Land which is unsuitable for development because of hazards to life,
safety, health or property shall not be subdivided or developed until
such hazards have been eliminated or unless adequate safeguards against
such hazards are provided in the subdivision or land development plan.
Land considered to have unsuitable characteristics shall include the
following:
(1)
Land subject to flooding or which has a high groundwater table;
(2)
Land which, if developed, will create or aggravate a flooding condition
upon other land;
(3)
Land subject to subsidence;
(4)
Land subject to underground fires;
(5)
Land containing significant areas of slope greater than 12%;
(6)
Land which, because of topography or means of access, is considered
hazardous by the Board of Supervisors;
(7)
Land that is subject to ground pollution or contamination.
C.
Proposed subdivisions or land developments shall be coordinated with
existing nearby neighborhoods so that the community as a whole may
develop harmoniously.
A.
Proposed street shall be properly related to such street plans or
parts thereof as have been officially prepared and adopted by the
Township and shall be coordinated with existing or proposed streets
in adjoining subdivisions or land developments. Proposed streets shall
further conform to such county and state road and highway plans as
have been prepared, adopted or filed as prescribed by law.
B.
Streets shall be related to the topography so as to produce usable
lots and acceptable grades. Access shall be given to all lots and
portions of the tract in the subdivision or land development unless
the topography clearly indicates that such connection is not feasible.
Streets giving such access shall not be required to be improved until
such time as the future property is developed.
C.
Streets shall be laid out to preserve the integrity of their design.
Local access streets shall be laid out to discourage their use by
through traffic and, where possible, arterial streets shall be designed
for use by through traffic.
D.
Where the proposed subdivision or land development contains or is
adjacent to an existing or proposed arterial street or a highway designated
as a limited access highway by the appropriate highway authorities,
provision shall be made for marginal access streets at a distance
acceptable for the appropriate use of the land between the arterial
street or limited access highway and the marginal access streets.
The Board of Supervisors may also require rear service areas, double
frontage lots, or such other treatment as will provide protection
for abutting properties, reduction in the number of intersections
with primary streets, and separation of local and through traffic.
E.
Half or partial streets are prohibited in new subdivisions or land
developments except where essential for reasonable development of
a tract in conformance with other requirements of this chapter and
where satisfactory assurance for dedication of the remaining part
of the street can be secured.
F.
Where a tract to be subdivided or developed borders an existing half
or partial street or alley, the remainder of the street or alley,
to the prescribed width, shall be platted within the proposed subdivision
or land development.
G.
Dead-end streets shall be prohibited, except as stubs (with adequate
turning capability) to permit future street extension into adjoining
tracts, or when designed as culs-de-sac.
H.
New reserve strips, including those controlling access to streets,
are not permitted, unless a waiver is granted by the Township Supervisors.
I.
Where adjoining areas are not subdivided, the arrangement of streets
in a proposed subdivision or land development may be made to provide
for the projection of streets into the unsubdivided land.
J.
Street names shall be coordinated with existing or platted street
names, and if a new street is a continuation of or is aligned with
an existing or platted street, it shall bear the same name as the
existing or platted street.
K.
No street shall be laid out or opened which extends to or crosses
any boundary between the Township and any other municipality except
with the specific approval of the Board of Supervisors and upon such
conditions that the Board may impose. If the street is proposed to
serve a commercial or industrial area or a residential area of 50
dwelling units or more located in another municipality, the street
shall not be approved unless the area is also served by a street in
the other municipality and unless the relevant traffic facilities
of the Township are adequate to handle the anticipated volume.
L.
All streets shall have a uniform width throughout their respective
lengths except where otherwise required by the Board of Supervisors
pursuant to § 210-18B(2)below.
A.
Street design. Three functional classifications are hereby established
for the streets and roads within the Township:
(1)
Arterials. This classification includes highways which provide intracounty
or intermunicipal traffic of substantial volumes where the average
trip lengths are either five miles or greater. Generally, these highways
should accommodate operating speeds of 35 to 55 miles per hour.
(2)
Collectors. This classification is intended to include those highways
that connect local access roads to arterial highways. They may serve
intracounty and intra-Township traffic, and as corridors connecting
residential areas with industrial, shopping and other service. They
may penetrate residential areas. Generally, these highways will accommodate
operating speeds of 35 miles per hour.
(3)
Local access. This classification is intended to include streets
and roads that provide direct access to abutting land and connections
to higher classes of roadways. Traffic volumes will be low and travel
distances generally short. These streets and roads should be designed
for operating speeds of 25 miles per hour and below.
B.
Right-of-way widths.
(1)
Minimum widths for each type of public street shall be as follows:
|
Type of Street
|
Right-of-Way Width
(feet)
|
Cartway Width
(including curbs)
(feet)
| |
|---|---|---|---|
|
Arterial
|
80 to 120
|
46
| |
|
Collector
|
60
|
24
| |
|
Local access
|
50
|
22
|
(2)
Additional right-of-way and cartway widths may be required by the
Board of Supervisors to promote public safety and convenience when
special conditions require it and to provide parking space in areas
of intensive use.
C.
Cul-de-sac streets.
(1)
Cul-de-sac streets, whether permanent or temporary, shall be provided
at the closed end with a turnaround having a minimum radius to the
edge of the finished street or curbline of not less than 40 feet.
(2)
Unless future extension is clearly impractical or undesirable and,
at the option of the subdivider or developer, a turnaround right-of-way
may be placed at a distance from a property line and a right-of-way
the same width as the street may be carried to the property line in
such a way as to permit future extension of the street into the adjoining
tract. At such time as such a street is extended, the overage created
by the turnaround outside the boundaries of the extended street shall
revert in ownership to the property owners fronting on the cul-de-sac
turnaround, providing that the affected property owner pays any associated
costs to acquire the overage abutting their property. Until such time
as a street is extended, the owner/developer shall be responsible
for ownership and maintenance of this parcel, unless deeded over to
an association or another individual, who shall then be responsible
for ownership and maintenance.
(3)
Commercial and industrial culs-de-sac shall be reviewed for adequacy
by the Township Engineer. His recommendations shall be given to the
Board of Supervisors, who shall have final authority.
(4)
Permanent cul-de-sac streets shall be kept to a minimum and shall
not exceed 1,600 feet in length.
(5)
Permanent
cul-de-sac streets that are intended to become dedicated to the Township
and become a public roadway must have an easement for snow removal
in the turnaround.
[Added 12-3-2018 by Ord.
No. 1-2018]
(6)
The
Township may, at its discretion, require the installation of culs-de-sac
that abut adjoining properties for the future extension of streets.
[Added 12-3-2018 by Ord.
No. 1-2018]
D.
Street alignment.
(1)
Whenever street lines are deflected by more than 5°, connection
shall be made by horizontal curves.
(2)
The minimum radius at the center line for horizontal curves on collector
and arterial streets shall be 300 feet; and for local access streets,
the minimum radius shall be 100 feet.
(3)
On collector and arterial streets, the minimum tangent between reverse
curves shall be at least 250 feet; and for local access streets, the
minimum tangent shall be at least 100 feet.
(4)
Minimum vertical sight distance measured four feet above grade shall
be 300 feet for collector and arterial streets and 200 feet for local
access streets.
E.
Street grades.
(1)
The minimum grade on all streets shall be 1.0%.
(2)
The maximum grade on collector and arterial streets shall be 7%;
on local access streets, the maximum grade shall be 12%.
(3)
Vertical curves shall be used in changes of grade exceeding 1% and
shall provide proper sight distances as specified below.
F.
Street intersections.
(1)
Local streets shall not intersect with collector or arterial streets
on the same side at intervals of less than 800 feet, as measured from
center line to center line.
(2)
The distance between the center lines of streets opening onto the
opposite side of a proposed or existing street shall not be less than
150 feet unless the streets are directly opposite each other.
(3)
Multiple intersections involving the junction of more than two streets
shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicle
safety.
(4)
Streets shall be laid out to intersect as nearly as possible at right
angles. Local streets shall intersect collector or arterial streets
at an angle of not less than 75°. Local streets shall intersect
other local streets at an angle of not less than 60°.
(5)
Minimum curb radius at the intersection of two local streets, or
at an intersection of a local street and a collector or arterial street,
shall be at least 25 feet.
(6)
There shall be provided and maintained, at all intersections, clear
sight triangles of 75 feet in all directions, measured along the center
line from the point of intersection. Nothing that obstructs the vision
of a motorist shall be permitted in this area.
(7)
Intersections shall be designed with a flat grade wherever practical.
Where the grade of any street at the approach to an intersection exceeds
7%, a leveling area shall be provided having a grade of not greater
than 4% for a distance of 25 feet, measured from the nearest right-of-way
line of the intersecting street.
G.
Excavation.
(1)
The base for local access streets shall be a minimum of 23 feet in
width; the base for collector streets shall be a minimum of 25 feet
in width.
(2)
All original topsoil shall be removed and the road brought back to
existing grade with a suitable base material.
(3)
All wet and/or soft spots shall be removed and replaced with a suitable
base material approved by the Township Engineer.
(4)
The subbase shall be rolled and compacted.
(5)
No asphalt shall be laid until the subbase is inspected and approved
by the Township Engineer or such inspector as may be designated by
the Board of Supervisors.
H.
Storm drainage and sanitary lines.
(1)
A plan must be submitted showing inlets and storm drainage. The type
of inlets and storm drainage used shall be in compliance with the
Basic Standard Plan and Specifications, subject to the approval of
the Township Engineer and the Board of Supervisors.[1] All backfilling shall be thoroughly compacted in not more
than one-foot lifts.
[1]
Editor's Note: Street design specifications are on file in
the Township office.
(2)
All sanitary sewers and storm sewers must be installed prior to road
construction.
(3)
Manholes shall be of precast or poured concrete, as per the Basic
Standard Plan and Specifications, and installed as directed by the
Township Engineer or such inspector as may be designated by the Board
of Supervisors.
(4)
All cross culverts shall be of reinforced concrete pipe of a minimum
diameter of 15 inches. The Township Engineer or the Board of Supervisors
may require larger diameter pipe where necessary.
I.
Pavement design.
[Amended 6-6-2016 by Ord. No. 6-2016]
(1)
All components of the pavement structure shall be designed and constructed
in accordance with Pennsylvania Department of Transportation Specifications
Form 408, unless otherwise herein modified.
(2)
Road construction standards for local roads (asphalt).
(a)
The cartway shall be paved to a minimum width of 20 feet for
local streets and 22 feet for collector streets.
(b)
Every road shall have a minimum center crown of four inches
and shall be constructed in lifts as follows:
[1]
A geotextile fabric with a minimum weight of six ounces per
square yard shall be placed directly on the compacted earth base.
[2]
Four inches of 2A Modified limestone shall be compacted on top
of the geotextile fabric.
[3]
The first lift of asphalt shall consist of compacted 25mm Superpave
base course to a minimum depth of four inches and a minimum width
of 23 feet.
[4]
The second lift of asphalt shall consist of compacted 19mm Superpave
binder course to a minimum depth of 2 1/2 inches. Asphalt wedge
curbing (12 inches by six inches) shall be installed with the second
lift, as per the drawing included with the specifications provided
by the Township.
[5]
The third lift of asphalt shall consist of one inch of 9.5mm
Superpave wearing compacted to a minimum depth of one inch.
[6]
The fourth lift of asphalt shall consist of compacted 9.5mm
fine graded Superpave wearing surface to a minimum depth of 1 1/2
inches. This fourth and final lift shall not be installed until the
developer has completed at least 75% of all building construction
in the plan (Standard Drawing C-100 in Appendix B[3]), or within two year's elapsed since installation.
If developer fails to install this final lift within forty (45) days
of written demand by the Township, the Township may contract any responsible
paving company to complete the work. The Township will have no obligation
to solicit multiple, competitive bids. This contractor shall be paid
from any escrow funds or bonds held by the Township, which were put
up by the owner/developer.
[3]
Editor's Note: Said appendix is on file in the Township
offices.
(c)
Developers and builders shall be held responsible for all road
damage due to building construction. All necessary repairs shall be
made in accordance with the Cecil Township Basic Standard Plan and
Specifications, subject to final approval by the Township Engineer
or such other inspector as may be designated by the Board of Supervisors.
(d)
Excess surface and sub-surface water control shall be achieved
by installation of a pipe foundation underdrain on both sides of the
road, in conformance with the Basic Standard Plan and Specifications.
(e)
Should any lift become contaminated, a tack coat shall be applied
to a new bituminous base course when, in the opinion of the Township
Engineer, the condition is unsatisfactory for the direct placement
of the succeeding operation.
(f)
The temperature of the binder or wearing course mixture, when
laid, shall not vary more than 15º F. from the temperature of
the completed mixture at the plant.
(g)
Vehicular traffic or loads shall not be permitted on the newly
completed surface course until adequate stability and adhesion have
been attained and the material has cooled sufficiently to prevent
distortion.
(h)
The Township shall require core samples prior to placing the
third lift. Acceptable tolerances shall be 1/4 inch. Three holes for
each 500 square yards for each lift shall be required. If deficiencies
exist in three or more adjoining sections, the contractor shall remove,
replace, or otherwise satisfactorily correct the deficient areas.
Cutting of test holes, refilling and compacting with hot mix or acceptable
materials shall be done by and at the expense of the contractor.
(i)
The developer shall notify the Township three working days prior
to the contemplated installation or performance of any work requiring
Township inspection. All inspection fees are to be borne by the developer.
(j)
The collector street standard shall be in accordance with all requirements of this Subsection I(2)(b) above with the exception that the thicknesses of base material shall be as follows: Four (10) inches of AASHTO No. 1 limestone shall be compacted on top of the geotextile fabric followed by two inches of PADOT 2A limestone.
J.
Alleys. Alleys shall be prohibited in residential developments.
A.
Public sewer systems. When the subdivision or land development is
to be provided with a complete sanitary sewer system connected to
a public sanitary sewer system, a statement of approval from the engineer
of the sewerage system to which it will be connected shall be submitted
to the Board of Supervisors. Where required, planning module approval
from the Department of Environmental Protection shall also be obtained
for final plan approval.
B.
Private sewer systems. When a complete private sanitary sewer system
using a treatment plant is to be provided, a statement shall be submitted
to the Board of Supervisors from the Department of Environmental Protection,
certifying that a permit has been issued by the appropriate agency
approving the proposed facilities. Adequate financial security as
determined by the Township for the operation and maintenance of such
plant shall be furnished to the Township.
C.
On-lot sewage disposal. In subdivisions where public sewers are not
available and a complete private sanitary sewer system is not required,
on-lot sewage disposal systems, subject to the Pennsylvania Department
of Environmental Protection, shall be provided.
D.
Capped sewer system. Where the sanitary sewer system is not yet accessible,
but is planned for extension to the subdivision or land development,
the subdivider shall install sewer lines, including lateral connections,
in order to provide service to each lot. The sewer mains shall be
suitably capped at the limits of the subdivision, and laterals shall
be capped at the street right-of-way line when not extended to houses
or other structures. When laterals are extended to houses or other
structures, the internal plumbing system shall be constructed to accommodate
the laterals as well as any septic system required. At such time that
any planned construction of extensions to the existing sanitary sewer
system is under contract, the subdivider may reduce the size of any
required septic system drain fields or septic tank by 50%.
A.
Provision of system The subdivision or land development shall be
provided with a complete water main supply system, which shall be
connected to the municipal water supply or to a community water supply
approved by the engineer of the applicable water utility company and
the Department of Environmental Protection, with satisfactory provision
for the maintenance thereof. When such municipal or community water
supply system is not available, each lot in a subdivision shall be
capable of being provided with an individual water supply system,
owned and maintained by the lot owner, in accordance with minimum
standards set forth by the PADEP.
B.
Plans. The plans for the installation of the mains of a water supply
system shall be prepared for the subdivision or land development with
the cooperation of the applicable water supply agency. A copy of a
certificate of public convenience from the Pennsylvania Public Utility
Commission, or an application for such certificate, a cooperative
agreement or agreement to serve the area in question, whichever is
appropriate, shall be submitted to the Planning Commission and Board
of Supervisors. Upon the installation of a water supply system, one
copy of the as-built plans for such system shall be submitted to the
Township.
C.
Fire hydrants shall be provided as an integral part of any public
water supply system. A duly authorized representative authorized by
the Board of Supervisors shall be consulted to determine the location
of proposed fire hydrants. The minimum number and spacing of fire
hydrants shall be as specified in Appendix C of the most current edition
of the International Fire Code, and shall have an average spacing
of 500 feet. Fire hydrants shall not be located in the bulb of a cul-de-sac.
[Amended 6-6-2016 by Ord. No. 6-2016]
D.
Fire hydrant assessment. Annual assessments for fire hydrant service
shall be guaranteed by the developer upon the lot owners in the form
of a covenant running with the land. If the developer forms a homeowners'
association, the association charter and/or bylaws shall contain language
that requires the association to be liable for the total assessment.
If no homeowners' association is created, the developer shall be responsible
for the payment of the prorated assessment for unsold lots. Individual
lot owners shall be responsible for their prorated share. The prorated
share shall be computed by dividing the bill by the number of lots
benefiting or being serviced by said fire hydrant. In the event of
nonpayment, the Township may collect the assessment as permitted by
law.
A.
Easements for utilities shall have a minimum width of 15 feet.
B.
To the fullest extent possible, easements for public utilities shall
be centered on or adjacent to front, rear or side lot lines.
C.
Telephone, electric, cable television and such other utilities shall
be installed underground and shall be provided within the street right-of-way
or easements to be dedicated for such utilities and in accordance
with plans approved by the Board of Supervisors and the applicable
utility company. Underground installation of the utility distribution
and service lines shall be completed prior to street paving and gutter,
curbing and sidewalk installation.
B.
Sidewalks.
(1)
Sidewalks shall be provided on all streets and parking compounds
located within multifamily and apartment building developments. Sidewalks
shall also be required along new streets in subdivisions or land developments
in which the average lot width of interior lots at the required building
setback line is 100 feet or less. The requirement to install sidewalks
may be waived at the discretion of the Board of Supervisors.
(2)
Minimum widths for sidewalks along each type of public street shall
be four feet and shall follow PennDOT specifications where applicable.
C.
Driveways.
(1)
Location.
(a)
Commercial or industrial driveway entrances or exits shall be
located at least 25 feet from an adjoining residential property line,
10 feet from an adjoining nonresidential property line, and at least
100 feet from the cartway of an intersection. In the event that the
property is less than 100 feet in frontage, the driveway shall be
at the furthest extremity from the intersection cartway that is feasible.
Such drives shall intersect the street at an angle of between 75°
and 105°. Highway occupancy permits must be obtained for access
onto state roads.
(b)
Commercial and industrial driveways, but not including those
driveways within multifamily developments which serve individual residential
uses, shall be limited to one per street frontage, with a width of
no less than 20 feet and no more than 30 feet, exclusive of a required
curb return radius. Two driveways, not exceeding 30 feet in width
each, may constitute a single entrance-divider-exit designed driveway,
provided such entrances/exits shall be limited to one per street frontage
and shall be approved by the Township Engineer. In such cases, the
divider shall be at least five feet in width and consist of a raised
physical separation of the entrance drive and exit drive. The Township
may, through site plan review, approve one additional drive cut per
street frontage where the length of lot frontage warrants. Driveways
intended for oversize vehicles may exceed the maximum width specified
in this paragraph through approval from the Township and upon review
of the Township Engineer.
(c)
Combined (shared) driveways of two or more uses are specifically
encouraged. Owners of adjoining commercial and/or industrial properties
shall provide combined (shared) driveways wherever practical. These
shared driveways will remain private, and maintenance will be by agreement
between the users or property owners involved. In conjunction with
approval of a development, Cecil Township may require a property owner
to provide an access and circulation easement to an abutting owner
where joint access is reasonable to serve future development where
safety issues regarding traffic flow may be involved.
(d)
Single-family and two-family residential driveways, including
those driveways within multifamily developments which serve individual
residential uses, shall be limited to two per street frontage and
a width of no less than 11 feet and no greater than 22 feet at the
right-of-way line. Such drives shall be located as far away as possible
from the nearest intersection curbline and shall intersect the street
at an angle of between 75° and 105°. The Township may prohibit
any driveway within 50 feet of the nearest intersection curbline if
a dangerous or hazardous condition may be created or has the potential
to develop.
(e)
Driveways shall be located, designed, constructed and maintained
in such a manner as not to interfere or be inconsistent with the design,
maintenance and drainage of the roadway.
(f)
Driveways shall be permitted in locations for which sight distance
is adequate to safely allow movement into or out of the driveway and
where the driveway will not create a hazard or area of undue traffic
congestion.
(g)
Driveways shall not be permitted in locations that would interfere
with the placement and proper functioning of roadway signs, signals,
detectors, lighting devices or other devices that affect traffic control.
(2)
Improvement within right-of-way.
(a)
Driveway installation within the right-of-way shall require
acquisition of a road encroachment permit from the Township and shall
be completed in such a manner as will be consistent with the safety
of the public and shall conform to all requirements and standards
of the Pennsylvania Department of Transportation, including Form 408.
(b)
The permittee shall pay all fees, costs and expenses incident
to or arising from the installation, including the cost of related
roadway improvements necessitated by increased traffic or surface
drainage.
(c)
All disturbed portions of the right-of-way, including pavement,
shoulder, slope and all structures, such as guide rails or drain pipes,
shall be restored by the permittee to a condition at least equal to
that which existed before the start of any work performed. This includes
providing appropriate end treatments on guide rail systems where an
existing guide rail is being broken by a driveway.
(d)
A traffic control plan shall be submitted and approved by the
Township Department of Public Works before closing any portion of
a lane to vehicular traffic.
(e)
All driveways within the road right-of-way shall be continuously
maintained by the property owner so as not to interfere with the function,
design, maintenance and drainage of the roadway or the safe passage
of traffic upon the roadway. Snow and any other debris shall not be
discharged onto a roadway or right-of-way from a private driveway.
A.
Monuments. Monuments shall be of concrete or stone at least six inches
by six inches by 30 inches and marked on top with a copper or brass
dowel. They shall be set at the intersection of lines forming angles
in the boundaries of the subdivision and at the intersection of street
lines. In minor subdivisions there shall be a minimum of one monument.
In all other subdivisions there shall be a minimum of four monuments.
The Township Engineer may require additional monuments in any minor
or other subdivision if, in its judgment, circumstances warrant placement
of additional monuments.
B.
Markers. Changes in direction of property lines on the perimeter
of the subdivision may be indicated by markers rather than monuments
if approved by the Township. Markers shall consist of a one-inch reinforcing
rod or iron pipe with an acceptable cap with the point of intersection
marked on the cap and shall be set at all points where lines and/or
curves intersect.
C.
Offsetting of monuments and markers. Where it is not feasible or
practical to set monuments or markers at the intersection of property
lines, as required, because of the location of underground utilities,
subsurface conditions, or the need to trespass on adjacent property,
the required monument or marker may be offset, provided the exact
location and the offset distance and bearings are shown on the plan.
When property lines intersect the center line of a street, corners
of lots may be indicated by placing a marker at the intersection of
the lot line with the street right-of-way, provided the exact location
is shown on the plan.
D.
Replacement of monuments and markers. Monuments and markers that
are removed for any reason must be replaced by a registered land surveyor
at the expense of the subdivider.
Street name signs and stop signs conforming to Township specifications
shall be provided and installed by the subdivider or developer at
all street intersections.
A.
A stormwater management plan shall be required for all subdivisions
and land developments, except minor subdivisions. The Board of Supervisors
may require a stormwater management plan for individual lots, indicating
a buildable area within each lot for which positive drainage is assured.
The Board of Supervisors may require a stormwater management plan
for minor subdivisions if a history of water problems or flooding
events is known or recognized.
B.
No person, corporation or other entity shall block, impede the flow
of, alter, erect any structure, deposit any material or thing, or
commit any act which will affect normal or flood flow in any communal
stream or watercourse without having obtained prior approval from
the Township or the Department of Environmental Protection, whichever
is applicable.
C.
Where a subdivision or land development is traversed by a natural
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.
D.
The Township shall ensure that all permanent streams not under the
jurisdiction of other official agencies are maintained open and free-flowing.
E.
The subdivider or developer, and each person, corporation or other
entity which makes any surface changes shall be required to:
(1)
Collect on-site surface runoff and dispose of it to the point of
discharge into the common natural watercourse of the drainage area.
(2)
Design drainage facilities to handle runoff from upstream areas,
assuming full development of those areas, based upon the Comprehensive
Plan for the Township.
(3)
Design, construct and/or install such drainage structures and facilities
as are necessary to prevent erosion damage to the subdivision or land
development or adjacent or downstream property. Such structures and
facilities shall satisfactorily convey such surface waters to the
nearest practical street, storm drain, detention pond, or natural
watercourse.
F.
Storm sewers, culverts and related installations shall be provided
to permit unimpeded flow of natural watercourses, to drain all low
points along streets, and to interrupt stormwater runoff along streets
at intervals reasonably related to the extent and grade of the area
drained.
G.
Storm sewers, as required, shall be placed in front of the curb or
curbline when located within a street right-of-way. When located in
undedicated land, they shall be placed within an easement not less
than 15 feet wide, as approved by the Township Engineer, who may require
additional easement width, as circumstances warrant.
H.
Street drainage shall not cross intersections or the crown of the
road, and installations designed to achieve these ends shall conform
to the following:
(1)
Maximum spacing of street inlets shall not exceed 600 feet.
(4)
Minimum pipe size diameter shall be 15 inches.
(5)
When material for storm drain systems is not specified, PennDOT specifications
shall govern, except that, if corrugated metal pipe is used, the pipe
shall be polymer coated. For corrugated smooth HDPE pipe meeting AASHTO
M-294 Type S, joints shall be bell-and-spigot design with a gasket
meeting the requirements of ASTM-F477.
(6)
All pipe crossings under Township roads shall be reinforced concrete
or an equivalent approved by the Township Engineer.
I.
All springs and sump pump discharges shall be collected so as not
to flow in the streets and directed through a pipe system to a suitable
area, such as a roadway storm inlet or cross drain.
J.
Stormwater roof drains shall not discharge water directly over a
sidewalk or public roadway.
K.
Stabilized outlets shall be provided for footer drains, floor drains
and downspouts.
M.
The Rational Method shall be used for analysis of storm sewer systems.
N.
Where the estimated runoff based on the above methods is doubtful,
several recognized methods should be studied and compared.
O.
The minimum design criteria shall be based on a twenty-five-year
storm.
P.
Control facilities.
(1)
If detention or control facilities are proposed for the development
site, the facilities shall be designed so that the post-development
peak runoff rates from the developed site are controlled to those
rates calculated for predevelopment runoff for the two-year and twenty-five-year
design storm.
(2)
Control facilities shall be designed to meet, as a minimum, the design
standards and specifications of the Erosion and Sedimentation Control
Handbook for Washington County.
(a)
Detention ponds may be waived by the Board of Supervisors, on
the recommendation of the Township Engineer, at sites in close proximity
to major streams to facilitate drainage prior to stream flooding.
(b)
In areas underlain with limestone geology, ponds shall be limited
to the detention (dry) type unless the developer can show a special
need for a retention pond, in which case it shall have a lining. Detention
ponds shall be prohibited in areas of known sinkholes unless the pond
is lined. If a sinkhole develops in a pond or channel before inspection
by the Township, a lining shall be required.
(c)
Any ponds with slopes steeper than three to one shall be fenced
with a six-foot fence of a type subject to the approval of the Township.
(3)
A permanent maintenance program, acceptable to the Township, shall
be provided by the subdivider/owner/developer for control facilities
and shall be submitted with and included as part of the stormwater
management plan.
(a)
Maintenance during development activities of a project shall
be the responsibility of the contractor/developer/owner.
(b)
Arrangement for maintenance of permanent control facilities
after completion of development activities shall be made before approval
of final plans is given by the Board of Supervisors. In cases where
permanent control facilities are assigned to or owned by an entity
(such as a homeowners' association) it shall be the responsibility
of that entity to maintain control facilities. In such cases, a legally
binding agreement between the owner/developer and that entity, acceptable
to the Township to ensure adequate maintenance, shall be made providing
for permanent maintenance of all control facilities and erosion control
facilities, including allowance for inspection by the Township.
Q.
Prohibited discharges.
(1)
No person shall allow or cause to allow stormwater discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except as provided in Subsection Q(2) below and discharges allowed under a state or federal permit.
(2)
Discharges which may be allowed, based on a finding by the Township
that the discharge(s) do not significantly contribute to pollution
of surface waters of the commonwealth, are:
(a)
Discharges from firefighting activities.
(b)
Uncontaminated water from foundation or footer drains.
(c)
Potable water sources, including dechlorinated waterline and
fire hydrant flushings.
(d)
Flows from riparian habitats and wetlands.
(e)
Irrigation drainage.
(f)
Lawn watering.
(g)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(h)
Routine external building wash down (which does not include
detergents or other compounds).
(i)
Air-conditioning condensate.
(j)
Water from individual residential car washing.
(k)
Dechlorinated swimming pool discharges.
(l)
Springs.
(m)
Uncontaminated groundwater.
(n)
Water from crawl space pumps.
(3)
In the event that the Township determines that any of the discharges identified in Subsection Q(2) significantly contribute to pollution of waters of the commonwealth, or is so notified by PADEP, the Township will notify the responsible person to cease the discharge.
(4)
Upon notice provided by the Township under Subsection Q(3), the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
(5)
Nothing in this section shall affect a discharger's responsibilities
under state law.
R.
The following connections are prohibited, except as provided in Subsection Q(2) above:
(1)
Any drain or conveyance, whether on the surface or subsurface, which
allows any nonstormwater discharge including sewage, process wastewater,
and wash water to enter the separate storm sewer system, and any connections
to the storm drain system from indoor drains and sinks; and
(2)
Any drain or conveyance connected from a commercial or industrial
land use to the separate storm sewer system, which has not been documented
in plans, maps or equivalent records and approved by the Township.
S.
Roof drains
and sump pumps shall discharge to infiltration areas, vegetative BMPs,
or pervious areas where reasonably practicable; otherwise to the public
storm sewer system.
[Added 12-3-2018 by Ord.
No. 1-2018]
(1)
Stormwater
from roof or area drains shall not drain into any sanitary sewer in
a concentrated manner.
(2)
Open
stormwater pipes shall not be intentionally directed onto adjoining
properties without controls such as sumps, level spreaders, vegetated
swales, etc. The controls shall be designed based upon the volume
of water and be set back a minimum of 10 feet from any property line.
A.
Blocks and lots shall be graded to provide proper drainage away from
buildings and to prevent the collection of stormwater in pools. A
minimum two-percent slope away from buildings shall be required.
B.
Lot grading shall be of such design as to carry surface waters to
the nearest practical street, storm drain or natural watercourse.
Where drainage swales are used to deliver surface waters away from
buildings, their grade shall not be less than 1% nor more than 4%.
These swales shall be sodded, planted or lined as required.
C.
No final grading shall be permitted with a cut face steeper in slope
than two horizontal to one vertical except under one or more of the
following conditions:
(1)
When the material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than two horizontal to one vertical,
and a written statement to that effect is submitted by a civil engineer,
licensed by the Commonwealth of Pennsylvania and experienced in erosion
control, and approved by the Township Engineer.
(2)
When a concrete or stone masonry wall is constructed according to
sound engineering standards, after review and approval by the Township
Engineer.
(3)
When a written statement from a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, is submitted to
and approved by the Township Engineer, certifying that the site has
been inspected and that the proposed deviation from the slope specified
above will not endanger adjoining property, streets or buildings or
result in property damage.
D.
The top or bottom edge of slopes shall be a minimum of three feet
from the property lines or right-of-way lines of streets or alleys
in order to permit the normal rounding of the edge without encroaching
on the abutting property. All property lines where walls or slopes
are steeper than one horizontal to one vertical and five feet or more
in height shall be protected by a fence approved by the Township Engineer
of no less than three feet in height.
A.
The length, width, shape and design of blocks shall be determined
with due regard to the provision of adequate sites for buildings of
the type proposed, the land use and/or zoning requirements of the
Township, the topography of the land being subdivided, and the requirements
for safe and convenient vehicular and pedestrian circulation.
B.
Unless the topography of the land being subdivided or the existing
pattern of development in the immediately adjacent area shall be otherwise
than herein required, the following minimum standards for the design
and size of blocks and lots shall prevail:
(1)
Blocks shall not exceed 1,600 feet in length, nor be less than 500
feet in length.
(2)
Residential blocks shall generally be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots bordering an
arterial or collector street are used or where, due to the contour
of the land or the necessary layout of the subdivision, there is insufficient
depth between intersecting streets for such two-tier design.
(3)
Crosswalks or interior pedestrian walks shall be required in blocks
exceeding 1,000 feet in length to provide for pedestrian circulation
or access to community facilities. Such walks shall be paved to a
width of not less than four feet, shall be located within easements
not less than 10 feet in width, and shall, insofar as possible, be
located in the center of any such block.
(4)
Blocks for commercial and industrial areas may vary from the elements
of design contained in this section if the nature of the use requires
other treatment. In such cases, off-street parking for employees and
customers shall be provided, along with safe and convenient limited
access to the street system. Space for off-street loading shall also
be provided with limited access to the street system. Extension of
streets, railroads access rights-of-way, and utilities shall be provided
as necessary.
(5)
Lot lines intersecting street lines shall be substantially at right
angles or radial to street lines.
(6)
Lots shall front on a street which has already been dedicated to
the Township or which the subdivider or developer proposes to dedicate
to the Township in connection with approval of the final plan. In
commercial or industrial subdivisions or land developments where access
is proposed by private streets within the subdivision or land development,
the Board of Supervisors may waive this requirement.
(7)
Remnants of land, smaller than required for a lot, shall not be permitted
within any subdivision. Provisions shall be made through notation
on plan that such remnants shall be incorporated to be part of existing
or proposed lots or dedicated to public use if acceptable to the Board
of Supervisors.
(9)
Whenever a major subdivision borders on or contains an existing or proposed arterial or collector street, as defined by § 210-18A above and the Township Comprehensive Plan, no direct driveway access may be provided from the lots within this subdivision onto this street.
(10)
Flag lots shall be permitted in order to allow development of
back land while maintaining rural character. The following requirements
shall pertain to flag lots:
(a)
In order to prohibit further subdivision of flag lots, the maximum
lot area shall be less than twice the area of the standard minimum
lot size in the zoning district, exclusive of the staff (flagpole)
connecting the lot to the public road. This provision shall not affect
flag lots approved prior to November 1999. As an alternative, the
Township will allow a lot larger than the size specified above if
a note is placed on the recorded plan that prohibits further subdivision
of subject lot.
(b)
The front building setback line shall be measured from the edge
of the lot line on which the front of the structure will face.
(c)
The minimum distance between flag lot rights-of-way shall be
at least equal to the minimum lot width in the zoning district.
(d)
Structure location and required setback distances shall conform
to the district in which the lot is located as if the lot was situated
with standard frontage on the road, exclusive of the staff (flagpole).
 |
(e)
The minimum width for a staff (flagpole) shall be 20 feet.
A.
It is the policy of this Township that all residential lots have
immediate access to a public street. However, because of unique property
configuration, topography, suitability and location, the Township
recognizes the need for limited exceptions to this policy. Therefore,
subdivisions of up to four residential lots may be approved under
certain circumstances. No subdivision will be approved on a private
street or road if more than four residential lots already front on
such street or road or if, after subdivision, more than four residential
lots will front on such private street or road. Commercial and industrial
developments are exempt from this limit and are encouraged to share
use and maintenance of private streets.
B.
Recognizing that some maintenance is necessary and desirable on private
streets and recognizing the need for property owners to share in this
maintenance, the Township shall require that a notation be placed
on the recorded subdivision plan or land development plan that notifies
the lot owners of the following: 1) any streets shown in this plan
accessing the lots are private streets and will not be maintained
by Cecil Township and will never be taken over by Cecil Township;
2) the individual lot owners will be responsible for all costs to
maintain the street; and 3) a clause will be placed in the lot sales
agreement and deed, detailing the terms for shared maintenance among
the lot owners. Building permits will be denied for any individual
lot fronting on a private street if maintenance terms per clause 3)
above fail to appear on either the lot sales agreement or deed.
C.
In addition to the above three notations being placed on all residential,
commercial and industrial subdivisions, the final plat of a residential
subdivision shall contain this additional notation: "Further subdivision
of any lot shown on this plat, as served by a private road, is prohibited
by the Cecil Township Subdivision and Land Development Ordinance."
D.
Private streets for more than two lots shall not be extended from within the boundaries of an approved subdivision plan to any property outside of said boundaries, except in the case of phased subdivisions. Residual property shall not be included in the two-lot limit above. Requirements of Subsections B and C above apply.
In order to promote the highest environmental quality possible,
the degree to which a subdivision or land development plan proposes
preserving existing salient natural features and landforms intrinsic
to the site shall be assessed. Terms of approval of a plat may be
subject to the manner in which the layout or design of the plan has
preserved existing natural features, such as, but not limited to,
trees, wooded areas, and watercourses.
A.
Open space.
(1)
Where the applicant is offering for dedication a reservation of open
space or is required by ordinance to preserve an area of scenic or
historic importance, a "limit of work," which will confine excavation,
earthmoving procedures, and other changes to the landscape, may be
required to ensure preservation and prevent despoliation of the character
of the open space.
(2)
Final ownership of open spaces shall be determined before final plan
approval.
B.
Tree preservation. Whenever possible, trees shall not be removed
unless they are located within the proposed street right-of-way, within
the proposed building area, or within utility locations and equipment
access areas. More specifically, with the exception of individual
single-family dwellings in unplatted subdivisions, every development
shall retain all existing trees 18 inches or more in diameter unless
the retention of such trees would unreasonably burden the development.
In such cases of claims of unreasonable burden, the developer may
be required to replace a similar number of trees elsewhere on the
site. No excavation or other subsurface disturbance may be undertaken
within the dripline of any tree 18 inches or more in diameter, and
no impervious surface may be located within 12 1/2 feet (measured
from the center of the trunk of any tree 18 inches or more in diameter)
unless compliance with this subsection would unreasonably burden the
development. For purposes of this subsection, a dripline is defined
as a perimeter formed by the points farthest away from the trunk of
a tree where precipitation falling from the branches of that tree
lands on the ground. A claim of an "unreasonable burden" shall be
presented to the Township for determination. Where trees are required
to be retained, the developer shall establish a Township-acceptable
barrier around retained trees or tree stands during construction,
and the original grade level shall be maintained so as not to disturb
the trees. Guidelines for protecting existing trees are as follows:
(1)
Protect trees with fencing and armoring during the entire construction
period. The fence should enclose an area 10 feet square with the tree
at the center.
(2)
Avoid compaction of the soil around existing trees due to heavy equipment.
Do not pile dirt or other materials beneath the crown of the tree.
(3)
Keep fires or other sources of extreme heat well clear of existing
trees.
(4)
Repair damaged roots and branches immediately. Exposed roots should
be covered with topsoil. Severed roots and limbs should be painted.
Whenever roots are destroyed, a proportional amount of branches must
be pruned so that the tree does not transpire more water than it takes
in.
(5)
Prune all existing trees that will be surrounded by paving to prevent
dehydration.
C.
Topsoil preservation. All of the topsoil from areas where cuts and
fills have been made should be stockpiled and distributed uniformly
after grading. All areas of the site shall be stabilized by seeding
or planting on slopes of less than 10% and shall be stabilized by
sodding on slopes of 10% or more and planted in ground cover on slopes
of 20% or greater.
D.
Landscaping. For all multifamily, apartment, office, commercial or industrial subdivisions or land developments, a landscaping plan shall be provided and shall include sufficient plantings for the required open space, planting strips, screenings, formal gardens, shade trees, and natural barriers. Buffer landscaping shall be as required by §§ 240-85 and 240-86 in the Zoning chapter.
E.
Preserved landscaping. When there is a conscientious effort to preserve
the existing natural character and integrity of a site and where such
preservation affects areas of woodland and trees comparable to required
landscaping and buffer screening, the preservation of growth may be
approved in exchange for a reduction of additional landscaping requirements.
A conservation easement will be required to maintain in perpetuity
any existing vegetation which is approved in lieu of required landscaping.
F.
Tree planting. The planting of trees within the street right-of-way
line shall not be permitted. The planting of trees within the private
property of each residential lot shall be at the discretion of the
property owner or developer.
A.
General purpose.
(1)
The Board of Supervisors finds that the minimization of erosion and
control of sedimentation in connection with subdivision and land development
are in the public interest and that regulations governing erosion
control and sedimentation control are necessary to protect the public
health, safety and welfare.
(2)
No changes shall be made in the contour of the land, and no grading,
excavating, removal or destruction to the topsoil, trees or other
vegetative cover of the land shall be commenced until such time that
a plan for minimizing erosion and sedimentation has been reviewed
by the Township Engineer and/or the Washington County Soil and Water
Conservation District, or there has been a determination by the above
entities that such a plan is not necessary.
(3)
No subdivision or land development plan shall be approved unless
there has been an erosion and sedimentation control plan approved
by the Board of Supervisors that provides for minimizing erosion and
sedimentation consistent with this section and an improvement bond
or other acceptable security is deposited with the Township in the
form of an escrow guarantee that will ensure installation and completion
of the required improvements; or there has been a determination by
the Board of Supervisors that a plan for minimizing erosion and sedimentation
is not necessary.
(4)
Where not specified in this chapter, measures used to control erosion
and reduce sedimentation shall, as a minimum, meet the standards and
specifications of the Washington County Soil and Water Conservation
District. The Township Engineer, or other officials as designated,
shall ensure compliance with the appropriate specifications, copies
of which are available from the Soil and Water Conservation District
office.
B.
Performance principles.
(1)
Stripping of vegetation, regrading or other development shall be
done in such a way that will prevent all but minor erosion.
(2)
Development plans shall preserve salient natural features, keep cut
and fill operations to a minimum, and ensure conformity with topography
so as to create the least erosion potential and adequately handle
the volume and velocity of surface water runoff.
(3)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(4)
The disturbed area and duration of exposure shall be kept to a practical
minimum. Disturbed soils shall be stabilized as quickly as practicable.
(5)
Temporary vegetation and/or mulching shall be used to protect exposed
critical areas during development.
(6)
The permanent final vegetation and structural erosion control and
drainage measures shall be installed as soon as practical in the development.
(7)
Provisions shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary, the rate of surface water runoff shall
be structurally retarded.
(8)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basins, silt
traps, and similar measures.
C.
Grading for erosion and other environmental controls. In order to
provide suitable sites for building and other uses, improve surface
drainage and control erosion, the following requirements shall be
met:
(1)
Streets shall be improved to a mud-free or otherwise permanently
passable condition as one of the first items of work completed in
a subdivision. The location, grading and placement of subgrade (base)
material of all driveway and parking areas shall constitute the first
work completed in a land development.
(2)
Provisions shall be made to prevent surface water from damaging the
cut face of excavations or the sloping surfaces of fills by installation
of temporary or permanent drainage across or above these areas.
(3)
Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
(4)
Fill placed adjacent to watercourses shall have suitable protection
against erosion during periods of flooding.
(5)
During grading operations, necessary measures for dust control shall
be exercised.
(6)
Grading equipment shall not enter flowing streams. Provisions shall
be made for the installation of temporary or permanent culverts or
bridges.
D.
Responsibility for erosion damage.
(1)
Whenever sedimentation damage is caused by stripping of vegetation,
grading or other development processes, it shall be the collective
responsibility of the land developer and subdivider and of the contractor,
person, corporation or other entity causing such sedimentation to
remove it from all adjoining surfaces, drainage systems and watercourses,
and to repair any damage at his expense as quickly as possible.
(2)
Maintenance of all erosion and sedimentation control facilities during
the construction and development period is the responsibility of the
subdivider or land developer.
(3)
It is the responsibility of any subdivider or developer, and any
person, corporation or other entity conducting any act on or across
a communal stream, watercourse or swale, or within a floodplain or
right-of-way, to maintain as nearly as possible in its present state
the stream, watercourse, swale, floodplain or right-of-way during
the course of the activity and to return it to its original or equal
condition after such activity is completed.
(4)
The subdivider or land developer shall provide and install, at his
expense, in accordance with Township requirements, all drainage and
erosion control improvements (temporary and permanent) shown on the
erosion and sedimentation control plan.
E.
Compliance with regulations and procedures.
(1)
No regulated earth disturbance activities within the Township shall
commence until approval by the Township of an erosion and sediment
control plan for construction activities.
(2)
The Pennsylvania Department of Environmental Protection (PADEP) has
regulations that require an erosion and sediment control plan for
any earth disturbance activity of 5,000 square feet or more, under
25 Pa. Code § 102.4(b).
(3)
In addition, under 25 Pa. Code Chapter 92,[1] a PADEP "NPDES construction activities" permit is required
for any earth disturbance one acre or more with a point source discharge
to surface waters or the Township's storm sewer system or five acres
or more regardless of the planned runoff (hereinafter collectively
referred to as "regulated earth disturbance activities"). This includes
earth disturbance on any portion of, part of, or during any stage
of a larger common plan of development.
[1]
Editor’s Note: Former 25 Pa. Code Ch. 92 was repealed
effective 10-9-2010. See now 25 Pa. Code Ch. 92a.
(4)
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate PADEP regional office or the Washington County Conservation District must be provided to the Township. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection A.
(5)
A copy of the erosion and sediment control plan and any required
permits, as required by PADEP regulations, shall be available at the
project site at all times.
F.
Stream channel construction. Stream channel construction in watersheds
with drainage areas in excess of 1/2 square mile, or in those cases
where downstream hazards exist, shall conform to criteria established
by the Pennsylvania Department of Environmental Protection.
A.
General.
(1)
Where not prohibited by this or any other laws or ordinances, land
located in any designated floodplain area may be platted for development
with the provision that the developer construct all buildings and
structures to preclude flood damage in accordance with this and any
other laws and ordinances regulating such development.
(2)
No subdivision or land development, or part thereof, shall be approved
if the proposed development or improvements will, individually or
collectively, increase the one-hundred-year flood elevation more than
one foot at any point.
(3)
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area in a floodplain area if the lowest floor (including basement) is elevated to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend laterally for a distance of at least 15 feet beyond the limits of the proposed structures and access shall meet the requirements of § 210-31C below.
(4)
Building sites for structures or buildings other than for residential uses shall not be permitted in any floodway area. Sites for such structures and buildings outside the floodway in a floodplain area shall be protected as provided in § 210-31A(3) above. However, the Board of Supervisors may allow the subdivision or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed to the regulatory flood elevation.
(5)
If the Board of Supervisors determines that only a part of a proposed
plat can be safely developed, it shall limit development to that part
and shall require that development proceed consistent with this determination.
(6)
When a developer does not intend to develop the plat himself and
the Board of Supervisors determines that additional controls are required
to ensure safe development, it may require the developer to impose
appropriate deed restrictions on the land. Such deed restrictions
shall be inserted in every deed and noted on every recorded plat.
B.
Drainage facilities.
(1)
Storm drainage facilities shall be designed to convey the flow of
surface waters without damage to persons or property. The system shall
provide for drainage at all points along streets and provide positive
drainage away from buildings and on-site waste disposal sites.
(2)
Plans shall be subject to the approval of the Board of Supervisors.
The Board may require a primary underground system to accommodate
frequent floods and a secondary surface system to accommodate larger,
less frequent floods. Stormwater management plans shall be consistent
with local, county and regional drainage plans. The facilities shall
be designed to prevent the discharge of excess runoff onto adjacent
properties.
C.
Streets and driveways. The finished elevation of proposed streets
and driveways shall be not more than one foot below the regulatory
flood elevation. Profiles and elevations of streets and driveways
shall be submitted with the final plan to determine compliance with
this requirement and other provisions of this chapter. Drainage openings
shall be sufficient to discharge flood flows without unduly increasing
flood heights.
D.
Sewer and water facilities and other utilities. All public or private
sanitary sewer systems, water systems, gas and electric utilities,
and other utilities and facilities located in any designated floodplain
area shall be floodproofed up to the regulatory flood elevation.
A.
Exceptions. A grading permit shall not be required for any of the
following:
(1)
Farms, including plowing, clearing, grading and grubbing.
(2)
An excavation which does not exceed three feet in vertical depth at its deepest point measured from the natural ground surface and covering a surface area of less than 5,000 square feet, provided that the surfaces of such excavation do not have slope at any point steeper than four horizontal to one vertical. However, this subsection shall not be deemed to nullify the application of this article or any requirement for obtaining a grading permit with respect to any fill made with material from such an excavation, unless otherwise excepted by Subsection A(2) and (3) of this section.
(3)
A fill which does not exceed 500 cubic yards of material on any one site and does not violate the conditions of Subsection A(2).
(4)
Soil excavated under the authorization of a properly issued building
permit which is temporarily stockpiled on the same site as the excavation.
If, however, excavated material is stockpiled on a site for a period
of longer than 120 days, then a permit shall be necessary when disposing
of the fill material.
(5)
Exploratory excavations under the direction of a soils engineer or
engineering geologist.
(6)
Excavations for wells, tunnels, public utilities or cemetery graves.
(7)
A permit shall not be required for work performed by the Township
or of contractors employed by the Township in a public street or alley,
Township park, playground or recreation area or on other Township
property.
B.
General standards for grading, excavating and filling.
(1)
Administrator. For the purposes of this section, the "Administrator"
shall be the Township Zoning Officer or, in his/her absence, the Assistant
Zoning Officer or such other person designated by the Board of Supervisors.
(2)
Public protection.
(a)
Dust control. During grading operations, necessary measures
for dust control will be exercised.
(b)
Cleanup. All soil washed or carried onto public streets during
grading operations shall be cleaned up every day. Temporary driveway
or road surfaces shall be provided as soon as possible. The owner
of property being graded shall be responsible to protect and clean
up lower properties of silt and debris which have washed down onto
the lower properties as a result of the grading work on the higher
property.
(c)
Fencing. At the top of all cut or fill slopes which are to be
steeper than two horizontal to one vertical and 10 or more feet in
total height, a fence not less than four feet in height and of a design
meeting the approval of the Township Engineer shall be erected prior
to the commencement of grading operations.
(d)
Hazard conditions. Whenever the Township Engineer determines that any existing excavation, embankment or fill has become a hazard, as defined in § 210-7 of this chapter, the owner of the property upon which the excavation, embankment or fill is located or other person or agent in control of said property, upon receipt of notice from the Township Engineer, shall within 24 hours or other reasonable period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
If after such notification the property owner or his agent has
not made the necessary repairs within the time specified, then the
Supervisors may direct Township employees or hired personnel to make
the required repairs, and the cost thereof shall be borne by the property
owner, said costs to be collected in the manner provided by law, including
the imposition of a lien against the property.
(e)
Work days. None of the work or activity covered by a grading
permit shall be conducted on a Sunday or legal holiday without the
approval of the Township or the Township's designated representative.
(f)
Work hours. All of the work and activity covered by a grading
permit shall be conducted between the hours of 7:00 a.m. and 6:00
p.m. unless these time limits are extended, excused or otherwise modified
by the Supervisors or their designated representative.
(g)
Diversion of water. Grading will not be done in such a way as
to divert water onto the property of another landowner, except into
a natural watercourse, without the written consent of that landowner
and in accordance with the approved plan for managing stormwater runoff
on the grading site.
(3)
Environmental protection.
(a)
Conservation of natural features. In order to prevent the denuding
of the landscape, large trees and other natural features constituting
important physical, aesthetic and economic assets to existing or impending
development work shall be preserved, when possible. All grading shall
be kept to the absolute minimum.
(b)
Erosion and sedimentation control. Compliance with regulations
and procedures.
[1]
No regulated earth disturbance activities within the Township
shall commence until approval by the Township of an erosion and sediment
control plan for construction activities.
[2]
The Pennsylvania Department of Environmental Protection (PADEP)
has regulations that require an erosion and sediment control plan
for any earth disturbance activity of 5,000 square feet or more, under
25 Pa. Code § 102.4(b).
[3]
In addition, under 25 Pa. Code Chapter 92,[1] a PADEP "NPDES construction activities" permit is required
for any earth disturbance one acre or more with a point source discharge
to surface waters or the Township's storm sewer system or five acres
or more regardless of the planned runoff (hereinafter collectively
referred to as "regulated earth disturbance activities"). This includes
earth disturbance on any portion of, part of or during any stage of
a larger common plan of development.
[1]
Editor’s Note: Former 25 Pa. Code Ch. 92 was repealed
effective 10-9-2010. See now 25 Pa. Code Ch. 92a.
[4]
Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate PADEP regional office or the Washington County Conservation District must be provided to the Township. The issuance of an NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] satisfies the requirements of Subsection A.
[5]
A copy of the erosion and sediment control plan and any required
permits, as required by PADEP regulations, shall be available at the
project site at all times.
(4)
Stormwater management. Adequate provisions shall be made to manage
stormwater runoff safely on the grading site. Stormwater management
controls shall be designed so that the peak rate of runoff (discharge)
from all stormwater outfalls on the site conforms to the applicable
stormwater management performance standards for the stormwater management
district in which the site is located.
(a)
All stormwater management plans for activities within the township
shall demonstrate post-construction compliance with state water quality
standards.
(b)
To control post-construction stormwater impacts from regulated
earth disturbance activities, state water quality requirements can
be met by best management practices (BMPs), including site design,
which provide for replication of preconstruction stormwater infiltration
and runoff conditions so that post-construction stormwater discharges
do not degrade the physical, chemical or biological characteristics
of the receiving waters. As described in the DEP Comprehensive Stormwater
Management Policy (#392-0300-002, September 28, 2002), this may be
achieved by the following:
[1]
Infiltration: replication of preconstruction stormwater infiltration
conditions;
[2]
Treatment: use of water quality treatment BMPs to ensure filtering
out of chemical and physical pollutants from the stormwater runoff;
and
[3]
Stream bank and streambed protection: management of volume and
rate of post-construction stormwater discharges to prevent physical
degradation of receiving waters (e.g., from scouring and erosion).
(c)
The best management practices must be designed to protect and
maintain existing uses (e.g., drinking water use, cold water fishery
use) and maintain the level of water quality necessary to protect
those uses in all streams and to protect and maintain water quality
in "special protection" streams, as required by statewide regulations
at 25 Pa. Code Chapter 93 (collectively referred to as "state water
quality requirements").
(d)
DEP has regulations that require municipalities to ensure design,
implementation and maintenance of best management practices (BMPs)
that control runoff from new development and redevelopment (hereinafter
"development") after regulated earth disturbance activities are complete.
These requirements include the need to implement post-construction
stormwater BMPs with assurance of long-term operations and maintenance
of those BMPs.
(5)
Vegetation and revegetation. In addition to the erosion and sedimentation
controls required for the protection of the land during construction,
the following standards shall be complied with:
(a)
Vegetation shall be removed only when absolutely necessary,
e.g., for buildings, filled areas, roads.
(b)
Every effort shall be made to conserve topsoil which is removed
during construction for later use on areas requiring vegetation or
landscaping, e.g., cut and fill slopes.
(c)
Vegetation sufficient to stabilize the soil shall be established
on all disturbed areas as each stage of grading is completed.
(e)
All disturbed soil surfaces shall be stabilized or covered prior
to the first day of November. If the planned impervious surfaces (e.g.,
roads, driveways, parking lots, etc.) cannot be established prior
to November, a temporary treatment adequate to prevent erosion shall
be installed on those surfaces.
(f)
The property owner shall be fully responsible for any destruction
of native vegetation proposed for retention. He shall carry the responsibility
both of his own employees and for all subcontractors from the first
day of grading until release by the ownership. The developer shall
be responsible for replacing such destroyed vegetation. The use of
qualified personnel experienced and knowledgeable in the practice
of revegetation shall be required.
(6)
Maintenance.
(a)
The owner of any property upon which an excavation or fill has
been made shall maintain in good condition and repair the excavation
or fill constructed and also all retaining walls, cribbing, drainage
structures, fences, ground cover, and any other protective devices
as may be a part of the permit requirements.
(b)
If at any time subsequent to the completion of the grading work
the cut face or fill slope shall evidence signs of deterioration,
erosion or other evidence which might be detrimental to the properties
above and below the graded sites, the Township Engineer may direct
the property owner to take necessary remedial steps in accordance
with sound engineering practice to restore the grading to a safe condition
and to do so in a reasonable period of time.
C.
Specific standards for excavation.
(1)
Recommended maximum slope steepness of a cut shall be two horizontal
to one vertical for minimizing erosion and landslide hazard. This
maximum limitation is most desirable as it can be maintained as lawn
area. However, a government review agency, professional engineer or
engineering geologist may recognize the types of soil on other sites
to be graded from the soil survey or a more detailed professional
field analysis. Maximum slopes can then be determined as follows:
(a)
Cut slopes which are steeper than 2:1 may also be allowed under
a grading permit through the utilization of retaining walls, with
the approval of the Township Engineer and the Planning Commission.
The developer must show that the slope-wall combination is absolutely
necessary to develop the property.
(2)
The top or bottom edge of slopes shall generally be set back three
feet from the adjacent property lines in order to permit the normal
rounding of the edge.
(3)
All blasting which is conducted in the Township shall be in conformity
with state requirements and shall be in compliance with the Act of
1957, July 10, P.L. 685, 73 P.S. §§ 164 to 168, as
amended, and the Department of Labor and Industry rules and regulations
promulgated pursuant to the aforesaid statute.
D.
Specific standards for fill.
(1)
All topsoil shall be removed from the area to be graded and stockpiled
and preserved for possible reuse on the site.
(2)
The site shall be prepared by cutting toe benches and other keyways
so as to provide a firm base on which to place the fill. No fill or
embankment shall be made on landslide-prone soils without adequate
engineering preparation and drainage of the area to be filled.
(3)
No fill shall be made which creates any exposed surface steeper in
slope than two horizontal to one vertical, except under one or more
of the following conditions:
(a)
The fill, in the judgment of the Administrator, is located so
that settlement, sliding or erosion of the fill material will not
result in property damage or be a hazard to adjoining property, streets,
alleys, buildings, storm drains or drainageways.
(b)
Soils capability and geological report, signed and sealed by
a professional engineer experienced in erosion control and soils analysis
or landscape architect, certifying that he has inspected the site
and that the proposed deviation from the slope specified above will
not endanger any property or result in property damage and that creation
of a hazard will be minimal, shall be submitted to and may be approved
by the Administrator.
(4)
The Administrator may require that an embankment or fill be constructed
with an exposed surface flatter than two horizontal to one vertical
if he finds that under the particular conditions such flatter surface
is necessary for stability and safety.
(5)
Fills, embankments and finish grading shall be designed in accordance
with the following:
(a)
Where fills are located so that earth movement may result in
personal injury or damage to adjacent property, streets, alleys or
buildings, the bearing value and stability of the material under proposed
fills and embankments shall be determined by subsurface investigation
performed by a soils engineer or engineering geologist.
(b)
The type of fill material available in each stage of the grading
operation shall be determined in order to plan proper filling procedures.
[1]
Rock may be incorporated in fills and embankments but only in
layers 24 inches thick, maximum, as per the Specifications Publication
408, with voids filled and a blanket of compacted fill separating
one layer of rock from the next. Rock fill shall not be placed near
the bottom of proposed foundations, building caissons and subsurface
utility installations. Suitable earth shall be reserved or provided
to cover rock fill under proposed seeded or planted areas.
[2]
No unsuitable material, such as coal, boney, red-dog, expansive
shale and cinders, shall be placed in fill areas.
[3]
Wood or other solid waste material shall not be placed in fill
areas.
(c)
No fill of any kind shall be placed over topsoil, trees, stumps
or other material that would create a nuisance, potential fire hazard,
or sanitation problem, which would attract rodents, termites or other
pests.
(d)
On major fills or embankments, a toe bench shall be constructed
below mantle on bedrock under the toe of fill.
(e)
Benching of the existing surface shall be required and indicated
on the cross sections.
(f)
A porous drain shall be installed on the bottom and back wall
of the toe bench, together with a drain pipe and suitable discharge
pipe to the existing nonerosive surface beyond and below the toe of
the proposed fill.
(g)
Overfilling of slopes is desirable to permit final shaping of
surface to proposed grade without the addition of loose fill over
the surface of the slope, provided that no fill shall be higher than
10 feet vertically before the slope is shaped to proper grade.
(h)
At the end of each workday, the horizontal surface of the fill
shall be shaped, compacted and rolled to provide for drainage.
(i)
All fills shall be compacted to provide stability of materials
and to prevent undesirable settlement. The fill (excepting rock) shall
be spread in a series of layers, each not exceeding 12 inches in thickness,
and shall be compacted by a sheep's-foot roller or other approved
method after each layer is spread. Fill shall be placed at the optimum
moisture content for the specified degree of compaction. The Administrator
may require tests or other information if, in his opinion, the conditions
or materials are such that additional information is needed. Where
fills are to have streets, structures or public utilities placed in
or on them, a Modified Proctor Density of 95% shall be achieved (ASTM
test designation D 1557).
(j)
The top or bottom edge of final slopes shall be set back five
feet from adjacent property lines or street right-of-way lines in
order to permit the normal rounding of the edge without encroaching
on the abutting property or street and to allow for location of proper
drainage facilities and protective devices.
E.
Specific standards for retaining walls.
(1)
When the topography and natural condition of the property is such
that a ground slope of two horizontal to one vertical is not feasible,
the Township Engineer and Planning Commission may consider the submission
of a grading plan showing a retaining wall and ground slope combination
that would be aesthetically acceptable and will be subject to approval
of the Board of Supervisors.
(2)
Criteria for the acceptance of such a combination shall, as a minimum,
provide:
(a)
That the retaining walls not exceed a height of six feet.
(b)
That if the plan incorporates terracing, that the gradient of
the slope between retaining walls not exceed two horizontal to one
vertical and that the diagonal distance between walls be at least
equal to the height of the retaining wall.
(c)
When a stable natural rock ledge is existing as established
by a written statement from a soils engineer, a similar design of
rock ledge and ground slope combination may be considered by the Township
Engineer and Planning Commission.
(3)
When a retaining wall is proposed to satisfy a requirement of this
chapter, a wall detail must be submitted reflecting sound engineering
practices bearing the seal of a professional engineer, architect or
surveyor. A permit is required unless the wall detail is shown on
a site plan or similar construction plan which has been reviewed by
the Township Engineer.
(5)
In general, where a wall is replacing an exposed slope, the vertical
face of the wall shall be set back a minimum of three feet from the
adjoining property.
(a)
An exception to this requirement may be applied for and granted
by the Township Engineer if it can be satisfactorily demonstrated
that such an exception is necessary to permit normal use of the property,
i.e., for a side-line driveway or other reasonable consideration.
(b)
The requirement of this paragraph may also be set aside when
the proposed retaining wall is a joint venture between adjacent property
owners, and appropriate documents so stating are filed with the application
permit.
F.
Grading plans.
(1)
Every applicant for a grading permit shall file a written application
therefor with the Township, such application shall describe the land
on which the proposed work is to be done by lot, block, tract or street
address, or similar description which will readily identify and definitely
locate the proposed work.
(2)
Be accompanied by plans and specifications prepared, signed and sealed
by a professional engineer or surveyor or landscape architect and
include the items enumerated below. The stormwater management plan
for the grading site shall be prepared according to the provisions
of this chapter. Applicants for site plan review may incorporate their
grading plan in the site plan with the permission of the Township
Engineer. Applicants for subdivisions or land developments shall incorporate
the requirements for a grading plan in the preliminary plat. Such
plans shall be at the scale of one inch equals 20 feet, except with
the permission of the Township Engineer, and shall include:
(a)
A description of the site proposed for grading.
(b)
Accurate location by lot, block, tract, street address, a location
map, or other similar information.
(c)
A contour map showing the present contours of the land and the
proposed contours of the land after completion of the proposed grading
at intervals of not less than two feet or as permitted by the Township
Engineer.
(d)
A plan showing cross sections of the proposed cut or fill which
show the method of benching both cut and/or fill.
(e)
In addition, a plot plan shall show the location of the grading
boundaries, lot lines, neighboring streets or ways, buildings, surface
and subsurface utilities, and waterways.
(f)
In addition, plans shall include a description of the type and
classification of the soil from the Soil Survey or better.
(g)
Details and location of any stormwater management facilities
or drainage control structures, pipes, walls and cribbing.
(h)
Seeding and/or planting locations and schedules, debris, basins,
diversion channels.
(i)
Nature of the fill material; and such other information as the
Township Engineer may need to carry out the purpose of this chapter.
(j)
Quantity of cut and/or fill in cubic yards.
(4)
Eight copies of the plan shall be submitted (except for grading on
a single-family lot), one of which shall be reproducible in nature.
(5)
State the estimated dates for the commencement and completion of
grading work.
(6)
State the purpose for which the grading application is filed.
(7)
State whether excavated material is to used as on-site fill or if it is to be removed from the site. If material is to be removed from the site, the location and quantity of such disposal must be stated in the application. A separate grading permit may be required for each such off-site fill, as herein required in Subsection H of this section.
(8)
The Township Engineer may require from the applicant, or the applicant's
engineer, information and reports from governmental agencies and scientific
and/or engineering journals, if available, and professional engineers
and/or engineering geologists, if necessary. This information and
these reports must be of sufficient detail to ensure that proposed
grading will not create a hazard and that there will be a minimum
of soil erosion on the site to be graded.
(9)
To be adequate, a geological report shall include a detailed description
of the geological conditions of the site; include conclusions and
recommendations that will demonstrate the relationship of the geological
conditions to the proposed development, including hazardous conditions,
water resources, mineral resources, and environmental impact. A soil
conservation report shall include existing site description as to
topography, drainage, cover and soils, major resource problems as
to soil limitations, erosion and sediment potential and surface runoff
changes, and recommendations to minimize soil limitations, erosion
and sediment, and surface water disposal problems.
G.
Plan review. All grading plans shall be submitted to the Code Enforcement
Officer for his review within the same time limits prescribed for
the review of site plans. The Township Engineer shall make a written
report. The stormwater management plan for the grading site shall
be reviewed and approved according to the provisions of this chapter.
H.
Permits. A grading permit must be obtained from the Township for
new grading, excavations, fills, changes, additions or alterations
made to existing excavations or fills, all of which shall conform
to the provisions of this chapter. A permit without the required permit
fee shall also be required for grading which has already been initiated
prior to the effective date of this chapter but for which there has
been a cessation of actual grading. The administration shall determine
whether or not there has been a cessation of the grading such that
an application and a permit is required. A separate grading permit
shall be required for each site. One permit may cover the grading,
excavation and fill made on the same site. If excavated material is
to be removed from a grading site, it shall be noted on the application.
Such off-site disposal may require the securing of a separate permit
as noted below.
(1)
Expiration of permit. Every grading 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, acting
upon the recommendation of the Township Engineer may, if the permit
holder presents satisfactory evidence that unusual difficulties have
prevented work being started or completed within the specified time
limits, grant a reasonable extension of time; and provided, further,
that the application for the extension of time is made before the
date of expiration of the permit.
(2)
Denial of permit, appeal.
(a)
A grading permit can be denied for the following reasons:
[1]
When in the opinion of the Township Engineer work proposed by
the applicant does not comply with the provisions of this chapter
or other Township ordinance or is likely to endanger any property
or person, or any street or alley, or create hazardous conditions.
In determining whether the proposed work is likely to endanger any
property or any street or alley or create hazardous conditions, the
Township Engineer shall give due consideration to: possible saturation
by rains, earth movements, runoff surface waters, and subsurface conditions
such as the stratification and faulting for rock, springs, and the
nature and type of the soil or rock.
(b)
The Board of Supervisors shall, within 45 days, consider appeals
from the decision of the Code Enforcement Officer and shall consider
alternate methods, standards or materials proposed by the developer
when, in its opinion, strict compliance with the provisions of this
chapter is unwarranted or creates a hardship. Any modifications of
the applicable stormwater management standards, particularly the standards
governing allowable peak rate of runoff, shall be determined to be
consistent with the overall stormwater ordinance. Any applicant or
permit holder shall have the right to appeal to any court of competent
jurisdiction from any decision of the Board within 30 days of its
decision.
I.
Fees and completion and performance guarantees.
(1)
The Administrator shall receive the applications and shall collect
all fees, escrows and required bonds.
(2)
Grading fees will be based on the volume of materials to be graded
in accordance with the schedule of fees as adopted by the Board of
Supervisors by resolution from time to time. The applicant shall also
be responsible for engineering and legal fees, costs and expenses
associated with additional review for the determination as to adherence
to the provisions of this chapter and for enforcement of this chapter.
(3)
Before issuance of a grading permit, the Administrator shall require the applicant to post an escrow established by an estimate from the Township Engineer to cover inspection costs in cash, plus a performance bond, corporate surety, or other approved security in the amount of 20% of the estimated cost of grading work and other control facilities proposed, to guarantee that said work and facilities will be completed in a satisfactory manner and meet the requirements of this § 210-32 of this chapter. No bond shall be required if another bond or other approved security is posted for construction and/or site improvements which covers the cost of the grading and other control facilities. When all requirements of this permit have been met, and the work, has been completed in a satisfactory manner, the security shall be replaced with a maintenance bond guaranteeing the work for a period of two years after completion thereof.
(4)
No grading permit shall be issued for the filling of materials other
than clean soil or earth until a faithful performance bond in the
amount of at least 20% more than the Township Engineer's estimated
cost of adequately covering such fill with clean soil or earth has
been furnished to the Township. Such bond shall be executed by a corporate
surety, as well as by the principal, and shall be subject to the approval
of the Township Solicitor as to form. The bond shall inure to the
benefit of the Township and be conditioned upon the faithful performance
of the work required under the terms and conditions of the grading
permit to the satisfaction of the Township Engineer. In lieu of such
bond, a cash deposit or a certified check in the same amount may be
made with the Township Treasurer.
J.
Grading inspection and supervision.
(1)
Plans for grading work and other control facilities, bearing the
stamp of approval of the Township Engineer, and a copy of the approved
permit, shall be maintained at the site during the progress of the
grading work and until the work has been completed.
(2)
Grading work at the various stages, or at any other time, will be
subject to spot inspections at the discretion of the Township Engineer
to determine that work is being performed in compliance with this
section. The permit holder shall notify the Township Engineer 48 hours
prior to the following schedule of required inspections.
(a)
Initial inspection: when work on the excavation or fill is to
be commenced.
(b)
Rough grading: when all the rough grading has been completed.
(c)
Drainage facilities: when drainage facilities are to be installed
and before such facilities are backfilled.
(d)
Special structures: when excavations are complete for retaining
and crib walls and when reinforcing steel is in place and before concrete
is poured.
(e)
Final inspection: when all work, including the installation
of all drainage facilities and other structures as described in the
application, has been completed.
(3)
Any physical changes in the site, such as surface water drainage,
soil and bedrock dislocations, alteration of groundwater discharge,
or any other natural or man-made modification which would cause a
doubt to be cast upon the feasibility of the contents of the original
permit approval, must be reported to the Township Engineer within
24 hours of discovery of such condition. Failure to do so is deemed
as just reason for revocation of permit and forfeiture of security.
(4)
In special cases when grading occurs in areas of landslide-prone
soil as recognized by the Soil Survey or better, the Township Engineer
may require special precautions and/or soil tests from the owner.
The results of all soil tests and core borings made relating to the
site being graded shall be submitted to the Township Engineer; cost
of such tests and reports are to be borne by the permittee.
K.
Liability.
(1)
Neither the issuance of a permit under the provisions of Subsection H of this section, nor the compliance with the provisions hereto or with any condition imposed by the Township official hereunder, shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Township for damages to persons or property.
(2)
Compliance with the requirements of this chapter shall be incumbent
upon the person performing any grading; presence or absence of an
inspector notwithstanding.
L.
Violations and penalties.
(2)
When notice of any violation of, or noncompliance with, the provisions
of this chapter has been given by the Administrator or his representative
to any person, such violation shall be discontinued immediately or
within a reasonable time limit specified in such notice. If such violation
is not discontinued or extends beyond the specified time limit, the
Administrator shall revoke the grading permit, and the violator shall
be subject to the applicable penalty.
(3)
Any person violating any provision of this section shall be liable, upon conviction thereof, to the penalty set forth in § 210-40 of this chapter. Whenever such person shall have been notified by the Administrator by service of summons in a prosecution, or in any way, that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now, by law, collected and/or by civil action and/or judgment enforcement, at the discretion of the Township, which may use any or all of these manners of collection.
(4)
Any violation of the provisions of this chapter, when certified in writing by the Administrator, shall incur the automatic forfeiture of the two-hundred-dollar cash bond required to be deposited under Subsection I of this section. This automatic forfeiture is also applicable to partially satisfy costs incurred as referred to in Subsection I of this chapter.
(5)
In addition to the above-stated violations and penalties, the Township
may also seek remedies and penalties under the applicable Pennsylvania
statutes or regulations of any violation relating to an erosion/sedimentation
plan or permit (25 Pa. Code Chapter 102), dam, water obstruction or
encroachment permit granted by the Pennsylvania Department of Environmental
Protection (Storm Water Management Act, 32 P.S. § 680.1
et seq.).
M.
Remedies. In case any work is performed by any person in violation
of any of the provisions of this chapter, the proper officer of the
Township of Cecil, in addition to other remedies, may institute in
the name of the Township of Cecil an appropriate action or proceeding,
whether by legal process or otherwise, to prevent such unlawful work
and to restrain or abate such violation.
N.
Validity. The provisions of this chapter are severable and if any
of its provisions or any provision shall be held unconstitutional,
the decision of the court shall not affect or impair any of the remaining
provisions. It is hereby declared to be the intent of the Board of
Supervisors of Cecil Township that this chapter would have been enacted
and such unconstitutional provisions or parts thereof not been included
herein.
O.
Variances. The Board shall hear requests for variances to the provisions
of this chapter where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant after a review and
recommendation from the Township Engineer and Planning Commission.
The Board's action on the request shall be by a motion.
A.
All stormwater management plans for activities within the Township
shall demonstrate post-construction compliance with state water quality
standards.
B.
To control post-construction stormwater impacts from regulated earth
disturbance activities, state water quality requirements can be met
by best management practices (BMPs), including site design, which
provide for replication of preconstruction stormwater infiltration
and runoff conditions so that post-construction stormwater discharges
do not degrade the physical, chemical or biological characteristics
of the receiving waters. As described in the DEP Comprehensive Stormwater
Management Policy (#392-0300-002, September 28, 2002), this may be
achieved by the following:
(1)
Infiltration: replication of preconstruction stormwater infiltration
conditions;
(2)
Treatment: use of water quality treatment BMPs to ensure filtering
out of chemical and physical pollutants from the stormwater runoff;
and
(3)
Stream bank and streambed protection: management of volume and rate
of post-construction stormwater discharges to prevent physical degradation
of receiving waters (e.g., from scouring and erosion).
C.
The best management practices must be designed to protect and maintain
existing uses (e.g., drinking water use, cold water fishery use) and
maintain the level of water quality necessary to protect those uses
in all streams, and to protect and maintain water quality in "special
protection" streams, as required by statewide regulations at 25 Pa.
Code Chapter 93 (collectively referred to as "State Water Quality
Requirements").
D.
The DEP has regulations that require municipalities to ensure design,
implementation and maintenance of best management practices (BMPs)
that control runoff from new development and redevelopment (hereinafter
"development") after regulated earth disturbance activities are complete.
These requirements include the need to implement post-construction
stormwater BMPs with assurance of long-term operation and maintenance
of those BMPs.
[Added 6-6-2016 by Ord.
No. 6-2016]
A.
Requirements.
(1)
Pursuant to USPS policy, all new subdivisions and new phases
of existing subdivisions may be required to provide cluster mailbox
units (CBU) for regular mail service delivery. The local post master
will work with builders and developers to determine the best mode
for mail delivery for the area, prior to extending or establishing
delivery service. If central mail delivery service is the option chosen
by the postal master in the form of CBU then the arrangement and location
of the CBUs shall be in accordance with the USPS Standard Specifications
and Details Manual.
(2)
Location: CBUs must be located on a lot or area dedicated for
open space or public access easement obtained by the developer. CBUs
may not be placed in the right-of-way (ROW) of any road. CBUs shall
not be located within the areas 75 feet from an intersection. Cluster-style
mailbox kiosks shall be located away from the intersection of any
street and in no case closer than 75 feet measured from the street
centerline in order to prevent obstruction of free and clear vision.
(3)
Parking access: Off-street parking must be provided in accordance
with the following ratio table. Parking shall allow for adequate turnaround
for vehicles entering and exiting.
|
Number of Mailboxes
|
Number of Spaces Provided
|
|---|---|
|
50 or less
|
2
|
|
51-80
|
3*
|
|
80-110
|
4*
|
|
111 or more
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4* plus 1 per each additional 25 mailboxes
|
|
* At least one parking space must be handicap accessible.
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(4)
Maintenance: CBUs are to be maintained by the Homeowners Association
(HOA) or managing entity. The developer shall be responsible for confirming
the logistics of regular mail delivery to CBUs with the USPS. As such,
CBU design shall be subject to the approval by the USPS.
(5)
Signs: Signs shall be permitted on CBUs for the sole purpose
of official mail delivery to a subdivision.
(6)
Lighting: Adequate lighting shall be provided by the HOA or
managing entity. Lighting shall be such that it is not directed onto
any adjacent properties or rights-of-way.
