Township of Lower Macungie, PA Part 7 DESIGN STANDARDS

§ 22A-701 Application.

[Ord. 1998-12, 12/17/1998, § 700; as amended by Ord. 2010-07, 7/1/2010, Art. II]

1. The design standards and requirements outlined in this section will be utilized in determining the adequacy of all plans for proposed subdivisions and land developments, except for those located in the H1-SC, C-SC, UO, and APO Zoning Districts to which Part 8 shall apply.

2. Development shall be planned, reviewed and carried out in conformance with all Township, county, state, federal and other applicable laws and regulations.

3. Whenever other ordinances and regulations impose more restrictive standards and requirements than those contained herein, the more restrictive standards and regulations shall apply. Whenever the standards and requirements contained herein are more restrictive than those imposed in other ordinances and regulations, the more restrictive standards and regulations herein shall apply.

§ 22A-702 General Standards.

[Ord. 1998-12, 12/17/1998, § 710]

1. Land shall be suited for the purpose for which it is to be subdivided. Land with unsafe, environmentally sensitive, or hazardous conditions such as may have been identified in the Lower Macungie Township Comprehensive Plan, though not limited to those features or mapping therein shall not be subdivided unless adequate mitigation measures eliminate or protect against these conditions.

2. Consideration shall be given to applicable provisions of the Township and County Comprehensive Plans, emphasizing future school sites, recreation sites, water supply and sewage treatment systems, highway alignments, and other public facilities. However, consideration must be given to the need for the facilities and utilities mentioned above whether or not they are proposed as part of a comprehensive plan.

§ 22A-703 Block Design Standards.

[Ord. 1998-12, 12/17/1998, § 720; as amended by Ord. No. 2020-05, 10/1/2020]

1. Block Layout.

A. The length, width and shape of blocks shall be determined taking the following factors into account:

(1) Provision of adequate sites for buildings of the type proposed.

(2) Township zoning requirements.

(3) Topography.

(4) Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial streets.

B. Residential blocks shall be no less than 500 feet in length or no more than 1,600 feet in length.

C. In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.

D. Where practicable, blocks along arterial and collector streets shall not be less than 1,000 feet long.

2. Block Depth.

A. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:

(1) Where reverse frontage lots are required.

(2) Where prevented by the size, topographical conditions or other inherent conditions of the property.

(3) Where the proposed block abuts the following highways or bypass roads: US Route 78, PA Turnpike Northeast Extension, PA Route 222.

3. Postal Service.

A. All blocks within a proposed subdivision shall adhere to the most recent and applicable United States Postal Service delivery standards as confirmed by the Postmaster in the jurisdiction where the proposed subdivision is located. Plans shall reflect adherence to these requirements for postal service to the users/residents of the proposed subdivision.

4. Commercial, Industrial and Planned Cluster Development Blocks.

A. Blocks in commercial, industrial and planned cluster developments may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provision shall be made for traffic circulation, movement of emergency vehicles, off-street parking and loading areas.

§ 22A-704 Lot Design Standards.

[Ord. 1998-12, 12/17/1998, § 730; as amended by Ord. 2004-3, 2/5/2004; by Ord. 2006-2, 8/17/2006; by Ord. 2012-04, 7/19/2012, Arts. V–IX; by Ord. 2017-02, 1/19/2017; and by Ord. No. 2020-05, 10/1/2020]

1. General Standards.

A. The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated, and in compliance with the Township Zoning Code (Chapter 27).

B. Side lot lines shall be at right angles to street lines or radial to curved street lines.

C. Lot lines shall follow municipal boundaries rather than cross them to avoid jurisdictional problems or conflicts.

D. Except for single-family attached and semi-detached dwellings, the depth of residential lots shall be neither less than one nor more than three times their width.

E. Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, movement of emergency vehicles, loading and unloading, setbacks, green space, landscaping, etc.

F. If, after subdividing, there exist remnants of land, they shall be either:

(1) Incorporated in existing or proposed lots; or

(2) Legally dedicated to public use, if acceptable to the Township.

G. No utility, stormwater or any other easement or right-of-way may transect a subdivided residential lot. All such easements or rights-of-way shall run directly parallel to side, rear or front lot line.

H. No residential subdivision of three or more residential lots shall design or propose vertical retention walls. Existing topography shall be respected during the subdivision process in the creation of buildable residential lots.

I. No residential lot in a subdivision of three or more lots shall directly abut US Route 78, PA Turnpike Northeast Extension or PA Route 222. A residual open space buffer lot not less than 100 feet in depth shall separate any residential lot in a subdivision of three or more lots from the aforementioned roadways' right-of-way line. This lot shall include a Class C Buffer in compliance with the Township Zoning Code and its design guidelines (Chapter 27), which buffer may be credited against the Township's open space dedication requirements.

J. In accordance with Township's Stormwater Management Codes (Chapters 22A, 23A and 23B), stormwater best management practices (BMPs) are required within certain watersheds and subdivisions.

(1) The following stormwater and/or water quality BMPs are prohibited on residential lots in subdivisions of three or more lots:

(a) Rain gardens and bioretention facilities.

(b) Vegetated filter strips.

(c) Spray or drip irrigation.

(d) Infiltration berms or basins.

(e) Seepage pits and dry wells.

(f) Subsurface infiltration beds.

(g) Amended soils in any yard except the front yard.

(h) Dry or wet retention and detention basins.

(i) Trees for stormwater or reforestation credits outside the public street right-of-way of a residential lot.

(2) All required stormwater and water quality BMPs shall be located on separate lots owned and maintained by a homeowners or community association, or on lots offered for dedication to the Township, and accepted by the Township.

K. Any new subdivided residential lot shall include at least 20% additional total impervious cover in site design calculations for future additional permitted impervious surface on the lot to accommodate sheds, patios, decks, additions, pools, etc. Such additional impervious coverage allowance shall be calculated and designed in accordance with the Township Stormwater Management Codes (Chapters 23A, 23B and 23C) and all commonwealth and county requirements.

2. Lot Frontage.

A. All buildings designed or constructed for human occupancy or use shall have direct access to a public street or to a private street which is built to the street standards of this chapter.

B. Double or reverse frontage lots shall provide adequate separation of residential development building envelopes from collector or arterial streets and overcome or compensate for disadvantages due to site topography and other natural features of the proposed subdivision tract.

C. All residential reverse frontage lots (and all corner lots with a lot line along a street where reverse frontage is required) shall have a yard with a minimum depth of 75 feet, measured along the shortest distance from the proposed dwelling unit to the ultimate right-of-way and shall, within such yard and immediately adjacent to the right-of-way, have a planting screen easement of at least 10 feet in width, across which there shall be no right of access.

3. Bollards shall be provided at public building entrances and exits along the interface where pedestrian traffic enters or exits driveways or parking areas designated for vehicular traffic. Outdoor eating and gathering areas shall also include installation of bollards along vehicular access driveways and parking areas. Such bollards are intended to provide for clear separation of vehicular and pedestrian traffic as well as vehicle impact resistance. Bollards shall be required where no curbing or depressed curbing is proposed and at outdoor eating and gathering areas and shall comply with the following requirements:

A. Constructed of steel not less than four inches and not greater than eight inches in diameter and concrete filled;

B. With a minimum clear spacing between bollards of four feet and maximum clear spacing of five feet;

C. Set not less than 42 inches deep in a concrete footing of not less than 18 inches in diameter;

D. Set with the top of the posts not less than three feet above the ground;

E. Aligned so as not to obstruct pedestrian travel in designated crosswalks or on sidewalks;

F. Of color and design consistent with individual sites and other developments across the Township, and as approved by the Township Planning Director; and

G. Properly maintained with no visible rust or corrosion and kept in uniform alignment.

§ 22A-705 Street Design Standards.

[Ord. 1998-12, 12/17/1998, § 740; as amended by Ord. 1999-17, 12/16/1999; by Ord. 2001-8, 11/15/2001; by Ord. 2006-2, 8/17/2006; by Ord. 2010-08, 9/2/2010, Art. XLV, XLVI and XLVII; and by Ord. 2011-12, 10/6/2011]

1. General Requirements.

A. Proposed streets shall be properly related to the road and highway plans of PennDOT and the Township Transportation Plan. Streets shall be designed to provide adequate vehicular access to all lots or parcels and with regard for topographic conditions, projected volumes of traffic, and further subdivision possibilities in the area.

B. The street system of a proposed subdivision or land development shall be designed to create a hierarchy of street functions which includes collector and local streets.

C. The street system of a proposed subdivision or land development shall be designed so as to minimize street intersections and pedestrian-vehicular conflict points.

D. Proposed local streets shall be designed so as to discourage through traffic and excessive speeds. However, the developer shall give adequate consideration to provision for the extension and continuation of arterial and collector streets into and from adjoining properties.

E. Future Street Access.

(1) Where it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property. The streets shall meet the requirements of Subsection 7B.

(2) If the lots in the development are large enough for re-subdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided. The openings shall be at intervals consistent with the block length standards of § 22A-703, Subsection 2.

F. Where a subdivision or land development abuts an existing road with a right-of-way and/or cartway width not meeting the requirements of Subsection 2A, sufficient right-of-way shall be dedicated so that the distance between the edge of the right-of-way and the road center line equals 1/2 of the required width, and/or the cartway will be widened as per the specifications of this chapter so that the distance between the edge of the cartway and the road center line equals 1/2 of the required width. Where a subdivision or land development abuts an existing road not meeting the requirements of Subsection 3 or 6, sufficient right-of-way to correct the alignment deficiency shall be dedicated. A deed covering the land to be dedicated shall be provided along with an opinion of title from a title insurance company or an attorney which indicates that clear title exists for the land being dedicated.

G. Where a subdivision or land development abuts or contains an arterial road, the use of marginal access streets, reverse frontage lots, or other such treatment as will provide protection for abutting properties, reduction in the number of intersections with the arterial street, and separation of local and through traffic shall be required.

H. Private streets (streets not to be offered for dedication) shall meet the street design and improvement standards set forth in this chapter. In addition, when a private street is proposed, the developer shall provide the Township with proposed deed covenants, in a form satisfactory to the Township, obligating the owners of all lots to be served by the street to provide, at their expense, perpetual street maintenance including timely snow removal.

I. Traffic Signs. All traffic signs shall conform to the details and designs found in PennDOT Publication 236M, which is given legal authority under 67 Pa.Code, Chapter 211. All traffic signs shall be made of high intensity or high performance sheeting. (Type III or Type IV). See specifications in PennDOT Publication 408M.

2. Street Right-Of-Way and Cartway Width.

A. Street right-of-way and cartway width in proposed subdivisions shall conform to the standards in the following table:

Type of Road	Local		Collector	Arterials and Expressways
Land Use	Single-Family Detached Dwellings	All Other Uses	All Uses	All Uses
Right-of-Way Width	50 feet	60 feet	80 feet	100 feet (greater widths as per American Association of State Highway Transportation Officials (AASHTO) and PennDOT design standards may be required.)
Cartway Width	30 feet	36 feet	38 feet

B. If a local road serves a mixture of single-family detached dwellings and other uses, the standards for the other uses above will be applicable.

3. Horizontal Curves.

A. Whenever street center lines are deflected more than 5° within 500 feet, connection shall be made by horizontal curves.

B. Horizontal curves shall have the following minimum center-line radii:

(1) Local streets: 200 feet.

(2) Collector streets: 300 feet.

(3) Arterial streets and expressways: as per current American Association of State Highway and Transportation Officials (AASHTO) standards.

C. A minimum tangent of 100 feet shall be required between reverse curves on all streets. A minimum tangent of 75 feet shall separate horizontal curves from intersections, as measured from the point of intersecting center lines.

4. Street Grades.

A. There shall be a minimum center-line grade on all streets of 0.75%.

B. Center-line grades shall not exceed the following:

(1) Local streets: 10%.

(2) Collector streets: 7%.

(3) Arterial streets: as per current AASHTO standards.

C. Intersections shall be approached on all sides by leveling areas. Such leveling areas shall have a minimum length of 75 feet (measured from the intersection of the center lines), within which no grade shall exceed a maximum of 4%.

D. Cross-slopes for roadways and parking lanes shall be 3% and cross-slopes for shoulders shall be 6%.

5. Vertical Curves.

A. Vertical curves shall be used in changes of grade exceeding 1%.

B. Vertical curves shall be designed to produce the following minimum sight distances:

(1) Local streets: 200 feet.

(2) Collector streets: 400 feet.

(3) Arterial streets and expressways: as per current AASHTO standards.

6. Street Intersections.

A. Streets shall intersect at right angles whenever practicable. Where intersections involve collector or arterial streets, the angle of intersection at the street center lines shall in no case be less than 75°. No two streets shall intersect with an angle of intersection at the center line of less than 60°.

B. Intersections involving the junction of more than two streets shall be prohibited.

C. Two streets intersecting a third street from opposite sides shall either intersect with a common center line or their center lines shall be offset according to the following standards:

(1) The two streets shall be separated by a distance of 150 feet between center lines measured along the center line of the street being intersected when all three streets involved are local streets.

(2) The two streets shall be separated by a distance of 400 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is a collector street.

(3) The two streets shall be separated by a distance of 800 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is an arterial street.

D. Street curb intersections shall be rounded by a tangential arch with a minimum radius of:

(1) Twenty feet for intersections involving only local streets.

(2) Twenty-five feet for all intersections involving a collector street.

(3) Forty feet for all intersections involving an arterial street.

(4) Fifty-five feet for all intersections involving an expressway.

E. Street right-of-way lines, whenever possible, shall be parallel to (concentric with) curb arcs at intersections.

(1) Street right-of-way lines at intersections shall be rounded by a tangential arch with a minimum radius of 15 feet.

F. In addition to the clear sight triangle requirements found in the Zoning Ordinance [Chapter 27] of Lower Macungie Township, PennDOT sight triangles shall be provided for all Township roads, PennDOT roads, and private driveways, including driveways within mixed-use developments. Such clear sight triangles shall be in accordance with PennDOT's sight distance requirements as specified in the latest edition of PennDOT's Publication 13M, "Design Manual, Part 2, Highway Design. "Within such triangles, no object greater than two feet in height and no other object that would obscure the vision of the motorist shall be permitted.

[Amended by Ord. 2017-02, 1/19/2017]

G. Wherever a portion of the line of such triangles occurs within the proposed building setback line, such portion shall be shown on the final plan of the subdivision, and shall be considered a building setback line. Signs and landscaping which would obscure vision shall not be placed within the clear sight triangle area.

7. Culs-de-sac, Dead-End Streets and Stub Streets.

A. Dead-end streets are prohibited except those meeting the standards of Subsection 7B.

B. Stub streets may be constructed for future access to an adjoining property or a subsequent section of the development. Stub streets shall be built to the standards of Subsection 2A. The length of stub streets shall not exceed the depth of one lot. No more than one lot shall front on each side of the stub street. These lots shall also have full frontage along another public street.

C. Culs-de-sac (temporary and permanent), loop roads, and other street networks which have a single point of access to the surrounding road network shall not serve more than 25 dwelling units and shall not exceed a total length of more than 1,000 feet as measured from the center line of the intersection at the single point of access to the farthest point served. Permanent culs-de-sac shall be limited to one per subdivision.

D. All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround. The turnaround may be offset to the left, but turnarounds offset to the right shall be prohibited.

(1) The minimum radius to the pavement edge or curb line shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.

(2) The radius of the right-of-way line return between the bulb and stem of culs-de-sac shall be a minimum of 150 feet. The curb line or pavement edge radius shall be a minimum of 160 feet.

E. Islands, whether containing plantings or not, shall be prohibited within the bulb of the cul-de-sac.

F. The grade of the cul-de-sac bulb shall not exceed 5% as measured from the center of the cul-de-sac bulb to any perimeter point of the bulb.

G. Temporary culs-de-sac may be permitted to allow connection to an adjoining property or a subsequent section. Temporary culs-de-sac shall meet the following standards.

(1) The lots along the bulb of the cul-de-sac shall meet the lot width and lot size requirements of the Zoning Ordinance [Chapter 27], after the bulb has been removed and the road has been extended.

(2) The temporary cul-de-sac shall extend to the edge of the adjoining property to which future access is to be provided.

H. No driveway shall access any stub street (see, Subsection 7B).

8. Street Names.

A. Proposed streets which are in alignment with others already existing and named shall bear the names of existing streets.

B. In no case shall the name of a proposed street duplicate an existing street name in the Township and in the postal district, irrespective of the use of a suffix such as street, road, avenue, boulevard, driveway, place, court, lane, etc.

C. All street names shall be subject to the approval of the Township Commissioners.

D. Street Thoroughfare Name Signs.

(1) Lettering. The standard height for lettering on post-mounted street name signs shall be six inches. The capital letters shall be used. The maximum length of the street name sign shall be 36 inches. The minimum height shall be eight inches. (See street sign, Figure 22A-7-1).

Figure 22A-7-1

(2) Color. The legend and border on a street name sign shall be in reflectorized white on a reflectorized green background. All street name signs shall be made of high intensity or high performance sheeting. (Type III or Type IV). See specifications in PennDOT Publication 408M.

(3) Placement.

(a) Street name signs shall be placed on diagonal corners on streets with nonresidential uses and along all collector and arterial status roads on at least one corner on residential streets.

(b) In commercial zones, the signs should be placed on the far right corners of intersections as seen from the major approaches. At any corner where street name signs are erected, a sign naming each street that intersects the corner shall be included. Each sign shall be placed with its face parallel to the street it names, as close to the corner as practical, but with its face and side edge at least one foot, preferably two feet, back from the nearest curb line. The bottom edge of the lower sign on the post shall be at least seven feet above the top of the curb at locations where there may be pedestrian activity. Street name signs shall not be installed on posts used for stop or yield signs.

(4) Street Name Signs on Traffic Signal Mounts. Street name signs shall be placed overhead on traffic signal mounts at new and redesigned signal installations. Street name sign lettering shall be as per current PennDOT standards.

(5) Acronyms. Only the following acronyms are approved for street name signs:

(a) AVE–Avenue.

(b) CIR–Circle.

(c) CT–Court.

(d) DR–Drive.

(e) LN–Lane.

(f) PL–Place.

(g) RD–Road.

(h) ST–Street.

(i) WAY–Way.

(6) Compliance. All material data sheets shall be submitted to the Township Engineer demonstrating compliance with this paragraph.

9. Sidewalks, Curbs and Bikeways.

A. Sidewalks (or bikeways in accordance with Subsection 9E, below) and curbs shall be required on both sides of all streets. Sidewalks (or bikeways in accordance with Subsection 9E below) and curbs shall be required adjacent to parking areas in multi-family developments.

B. Sidewalks shall be in the street right-of-way. There shall be a grass strip of a minimum of five feet between the back face of the curb and the sidewalk. Sidewalks shall be a minimum of four feet wide, except along collector and arterial streets, and adjacent to shopping centers, schools, recreation areas, other community facilities, and multi-family dwellings, where they shall be a minimum of five feet wide.

C. A comprehensive interior walkway system may substitute for sidewalks as required in this subsection. Where a separate bike path is constructed pursuant to Subsection 9E, no sidewalk will be required.

D. Bikeways shall be provided for all subdivisions or land developments which (a) front on a bicycle path route or through which a bicycle pathway passes, according to the Lower Macungie Township Bicycle and Pedestrian Pathway Plan, December 1998 (attached to the Zoning Ordinance of 1998 [Chapter 27]), or (b) the Board of Commissioners deem more appropriate than sidewalks in a particular case.

Bikeways shall be provided according to the following standards:

(1) Bikeways shall be separated from the cartway, though contained in the right-of-way.

(2) Bikeways shall be six feet in width.

(3) The outer edge of the bikeway shall be located one foot from the edge of the right-of-way.

(4) The area separating the bikeway from the road cartway shall be maintained in grass.

(5) Pedestrian walkways, sidewalks, and bikeways shall be established before the issuance of any occupancy permit for the structures situate on the lot encumbered by such pedestrian walkways, sidewalks, and/or bikeways.

(6) When a bikeway ends at a property line or at any structure, hill, or other physical obstruction to bicycle or pedestrian travel, the end of the bikeway surface shall be constructed to directly connect to the adjacent road cartway surface in a manner safe for pedestrians or cyclists (such as including a road- or hill-cut if necessary).

§ 22A-706 Sanitary Sewage Disposal Standards.

[Ord. 1998-12, 12/17/1998, § 750; as amended by Ord. 2011-12, 10/6/2011]

1. Each proposed building lot or proposed land development shall be provided with sanitary sewage disposal in accordance with the following requirements:

A. Public Sanitary Sewage Systems.

(1) Existing Public Sanitary Sewage Systems.

(a) Each subdivision which is within 1,000 feet of an existing public sanitary sewage system shall be connected by the developer to such system, unless such connection is not technically feasible, or the subdivision is located in the Agricultural Zoning District or the Rural Zoning District to the west of Route 100.

(b) Any such connection shall be in accordance with the provisions of:

1) The subdivision improvements agreement (see Part 10 of this chapter).

2) Subsection 1C of this section.

3) Section 22-403, Subsection 5H, of this chapter.

4) The sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection.

(c) In the event a public sewer connection is not required under Subsection 1A(1)(a), each proposed building lot shall instead be provided with an on-lot sewage disposal system in accordance with Subsection 1B of this section.

(2) Proposed Public Sanitary Sewage Systems.

(a) Each proposed subdivision or proposed land development any portion of which is within 1,000 feet of:

1) Any proposed public sanitary sewage system for which Lower Macungie Township has indicated in writing to the developer its intention to extend any portion thereof to within 1,000 feet of any lot or portion thereof within five years.

2) Any portion of any proposed public sanitary sewage system in the Lower Macungie Township Comprehensive Plan.

3) Any portion of any other public sanitary sewage system proposed by the Lower Macungie Township Board of Commissioners to be constructed within five years.

(b) Shall, unless ultimate connection to the proposed public sanitary sewage system would be technically unfeasible, be connected to a "dry" sanitary sewage system, including lateral connectors as will be necessary to provide service to each lot, suitably capped until connection to the public sanitary sewage system can be made, unless it is located in the Agricultural Zoning District or the Rural Zoning District to the west of Route 100.

(c) Any such connection shall be in accordance with the standards of:

1) The subdivision improvements agreement (see Part 10 of this chapter).

2) Subsection 1C of this section.

3) Section 22-403, Subsection 5H, of this chapter.

4) The sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection.

(d) In the event a "dry" sewer connection is required under Subsection 1A(2)(b), each proposed building lot shall, until ultimate public sewer connection, be provided with an on-lot sewage disposal system in accordance with Subsection 1B of this section.

B. On-Lot Sewage Disposal Systems.

(1) An on-lot sewage disposal system shall be provided only for each lot that:

(a) Is not required to be connected to an existing public sanitary sewage system under Subsection 1A(1)(a) or to a proposed sanitary sewage system under Subsection 1A(2)(b).

(b) Will be connected to a "dry capped" sanitary sewage system under Subsection 1A(2)(b), but only until connection to the public sanitary sewage system can be made.

(2) Any such on-site sewage disposal system shall be in accordance with the standards of:

(a) The subdivision improvements agreement (see Part 10 of this chapter).

(b) This section of this chapter.

(c) Section 22-403, Subsection 5G(2), of this chapter.

(d) The sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection.

(3) Certification of a percolation test for each proposed building lot, satisfying the requirements of the Pennsylvania Department of Environmental Protection for the on-lot sewage disposal system, shall be submitted as part of the preliminary plan. [See also § 22A-403, Subsection 5G(2).]

(4) Each preliminary and final plan shall include an annotation expressly imposing a covenant running with the land, respecting each proposed building lot for which an on-lot sewage disposal system is proposed, stating that:

(a) Lower Macungie Township makes no warranty or representation that on-lot sewage disposal will be available for such lots.

(b) No construction upon the property or occupancy of the property will be permitted until sewage disposal facilities complying with Subsections 1A and B of this section are provided to such lots.

(5) Each new lot using an on-lot sewage disposal system shall include a tested replacement area meeting all DEP regulations which shall be kept available for use, if needed.

[Added by Ord. 2014-09, 8/21/2014]

C. Sanitary Sewer Design Criteria.

(1) All sewer lines shall be located in public streets, generally parallel to curb lines, and a minimum of eight feet from the face of curb.

(2) Where sewer lines must be located within easements, the following provisions shall apply:

(a) Minimum easement width shall be 25 feet for the sewer line and 30 feet if the easement area is shared with another utility.

(b) Sewer lines shall be a minimum of 10 feet from easement line.

(c) Sewer lines shall be ductile iron pipe.

(d) Deeds of easement shall include provisions that easement area will remain level and free of fences, trees, shrubs, and other obstructions.

(e) Service lateral connections will not be permitted within the easement area.

(3) Sewer lines shall be extended along existing public streets for the full frontage of the property being developed.

(4) Sewer lines shall not be located within detention basin areas.

(5) Sewer lines shall be deep enough to serve basements of proposed residences. Basement elevations must be indicated on the sewer line profile.

(6) Wherever possible, utility line crossings shall be avoided. Where crossings are required, the following provisions shall apply:

(a) Minimum vertical separation between sewer lines and utilities other than water lines shall be 12 inches.

(b) Where sewer lines cross beneath water mains with less than 18 inches of vertical separation, the sewer line shall not be encased in concrete.

(7) Manholes less than seven feet deep shall be designed with a precast flat slab top in lieu of a cone section.

(8) Manholes shall not exceed 14 feet in depth.

(9) Sewer lines in excess of 14 feet deep shall be ductile iron pipe.

(10) The following minimum vertical drop shall be provided through sewer manholes:

(a) Zero to 25° change in direction–0.10 of a foot.

(b) Twenty-five to 75° change in direction–0.15 of a foot.

(c) Greater than 75° change in direction–0.25 of a foot.

(11) Sewer lines shall be designed with vertical drops through manholes less than 0.5 of a foot or greater than three feet. Drop connections shall be provided for vertical drops greater than three feet.

(12) Sewer laterals shall not be connected directly to manholes.

(13) Sewage pumping stations shall be avoided wherever possible.

(14) In the event a pumping station is required, the developer shall establish an escrow fund, acceptable to the Township Solicitor and Board Commissioners, regarding maintenance for the life of the station.

(15) Manholes shall be numbered in accordance with the Township standardized numbering system.

§ 22A-707 Water Supply Systems.

[Ord. 1998-12, 12/17/1998, § 760; as amended by Ord. 2006-2, 8/17/2006]

1. Each proposed building lot or proposed land development shall be provided with water supply in accordance with the following requirements:

A. Public Water Supply Systems.

(1) Each subdivision which is within 1,000 feet of an existing public water supply system shall be connected by the developer to such system, unless such connection is not technically feasible, or is located in the Agricultural Zoning District or the Rural Zoning District to the west of Route 100.

(2) Any such connection shall be in accordance with the provisions of:

(a) The subdivision improvements agreement (see Part 10 of this chapter).

(b) Lower Macungie Township Ord. 81-83, incorporating the agreement between the Township and the Lehigh County Authority dated February 10, 1981, as thereafter amended.

(c) Section 22-403, Subsection 5F, of this chapter.

(d) The water quality regulations of the Pennsylvania Department of Environmental Protection.

(3) In the event a public water supply connection is not required under Subsection 1A(1), each proposed building lot shall instead be provided with an on-lot water supply system in accordance with Subsection 1B of this section.

(4) Fire hydrants with water supply for fire protection shall be provided in all subdivisions and land developments connected to a public water supply system. No portion of any structure shall be located more than 600 feet from a fire hydrant (measured along the edge of right-of-way from the hydrant to the structure), and each part of each structure shall be located within the service area of at least one fire hydrant. For purposes of the preceding sentence, the service area of a fire hydrant shall man the area (considering all three dimensions) which can be serviced from the fire hydrant by the primary fire company or department providing protection to the structure, considering topography, location of structures. Fire company equipment, and all other relevant factors. In addition to the foregoing requirements, no portion of a structure shall be located further from a fire hydrant than required under the then-current standards of the national codes issued by the National Fire Protection Association and by the Building Officials and Code Administrators, International, Inc.

(5) All proposed building lots for and all multi-family residential, commercial and industrial uses shall be provided by the developer with an adequate public water supply. Reference is made to applicable codes adopted by the Township that are in effect.

B. On-Lot Water Supply Systems (Wells).

(1) An on-lot water supply system or well shall be provided only for each lot that cannot feasibly be connected to an existing public water supply system under Subsection 1A(1).

(2) Any such on-site water supply system shall be in accordance with the standards of:

(a) The subdivision improvements agreement (see Part 10 of this chapter).

(b) Lower Macungie Township Ord. 81-83, incorporating the agreement between the Township and the Lehigh County Authority dated February 10, 1981, as thereafter amended.

(c) Section 22-403, Subsection 5F, of this chapter.

(d) Any water quality regulations of the Pennsylvania Department of Environmental Protection.

(3) No proposed building lot for and no proposed multi-family residential, commercial or industrial uses shall be served by an on-lot water supply system or well.

(4) Each preliminary and final plan shall include an annotation expressly imposing a covenant running with the land, respecting each proposed building lot for which an on-lot water supply system is proposed, stating that:

(a) Lower Macungie Township makes no warranty or representation that on-lot water supply will be available for such lots.

(b) No construction upon the property or occupancy of the property will be permitted until water supply facilities complying with Subsection 1A and B of this section are provided to such lots.

§ 22A-708 Storm Drainage Systems.

[Ord. 1998-12, 12/17/1998, § 770; as amended by Ord. 1999-17, 12/16/1999; by Ord. 2006-2, 8/17/2006; and by Ord. 2011-12, 10/6/2011]

1. Storm drainage systems shall be provided in order to:

A. Permit unimpeded flow of natural watercourses, except as may be modified by stormwater detention pond requirements in Subsection 4 or open channels pursuant to Subsection 2G.

B. Ensure adequate drainage of all low points along the line of streets.

C. Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.

D. Provide positive drainage away from on-site sewage disposal systems.

E. Take surface water from the bottom of vertical grades, to lead water from springs and to avoid excessive use of cross-gutters at street intersections and elsewhere.

F. Prevent overloading of downstream drainage systems and watercourses as a result of increased rate of runoff caused by the proposed development.

2. General Requirements.

A. A site drainage plan for the proposed subdivision or land development tract shall be prepared which illustrates the following information:

(1) Mapping of the watershed area or areas in which the proposed subdivision or land development is located.

(2) Calculations of runoff for all points of runoff concentration.

(3) Complete drainage systems for the subdivision. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision or land development is to be developed in stages, a general plan for the entire subdivision shall be presented with the first stage and appropriate development stages for the drainage system shall be indicated.

B. The existing points of natural drainage discharge and the mode of drainage discharge and the mode of drainage conduct onto adjacent property shall not be altered, unless:

(1) Written consent of affected landowner is obtained by the applicant with agreement filed on record plan.

C. No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands.

D. Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided on the subdivision plan, a drainage easement conforming substantially with the line of such watercourse which shall be offered to the Township for dedication. The width of the easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Subsection 3 and to provide a freeboard allowance of 1/2 foot above the design water surface level. Periodic cutting and maintenance of the vegetation by the landowner and the alteration, obstruction or encroachment of any kind is prohibited with easements.

E. Drainage structures that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation and a letter from that office indicating such approval shall be included with the preliminary plan application.

F. All streets shall be so designed as to provide for the discharge of surface water from their rights-of-way.

G. When natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities shall be calculated using the Manning equation as explained in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site.

H. Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge.

I. Developers shall demonstrate, with design detail, a means of safely transporting stormwater to the nearest watercourse. This demonstration shall include an analysis of pipe, culvert, and swale capacities, taking into account current flows in two-, five-, twenty-five-, and one-hundred-year storm events.

3. Calculation of Storm Runoff and Design Storm Frequency.

A. Storm drainage systems required by this chapter shall be designed to provide protection from a two to one-hundred-year storm as determined by the Township. If the site of the subdivision or land development is within a watershed with an approved Stormwater Management Plan enacted pursuant to Act 167, the criteria in the applicable plan shall be used.

(1) A ten-year design storm is appropriate where a storm in excess of the design storm will have minor impact such as inconvenience to traffic on local streets.

(2) A twenty-five-year design storm is appropriate where a storm in excess of the design storm will cause major inconvenience to people and traffic in high use areas such as business districts and along collector or arterial roads.

(3) A one-hundred-year design storm is appropriate where a storm in excess of the design storm will cause damage to existing or future structures or their contents.

(4) Any downstream analysis conducted to determine adequacy for accepting increased rates of runoff shall consider the one-hundred-year storm event.

(5) The design or analysis of all natural or man-made overland drainage systems shall have adequate capacity for the ten- to one-hundred-year return storm as indicated above and shall further consider the two-year storm event for velocity. Permissible velocities are indicated in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site.

B. Stormwater runoff from watersheds of 200 or less acres shall be calculated by the rational method as described in Manual Number 37 of the American Society of Civil Engineers, except as the watershed size criteria may be modified by an approved Act 167 Stormwater Management Plan. The rational method of runoff calculation is explained in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site.

C. Stormwater runoff from watersheds of more than 200 acres shall be calculated using the soil cover complex method developed by the Soil Conservation Service or other appropriate method acceptable to the Township Engineer.

D. The design of any detention facility shall be verified by routing the proposed post-development hydrograph through the basin using a storage indication technique.

E. The Manning equation, as described in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site, shall be used in calculating capacities of watercourses and storm sewers, except culverts which shall be designed using methods acceptable to the Township Engineer.

F. Complete detailed drainage calculations and applicable charts and nomographs certified by the design engineer shall be submitted to the Township Engineer.

4. Stormwater Detention.

A. Stormwater detention facilities shall be used for all subdivisions and/or land development proposals unless the following three criteria have been met:

(1) The proposed rate and volume of runoff can be accommodated by all downstream fixed pipe or surface drainage systems in accordance with Subsection 3A(4).

(2) Written permission has been granted by the adjoining downstream tenant where runoff discharges onto the adjoiner overland, via a surface drainage system.

(3) The development must fall within a provisional no-detention area as defined in the Stormwater Management Ordinances [Chapters 23A and 23B], as currently amended, applicable to the site.

B. Whenever stormwater detention facilities are required under Subsection 4A, the maximum post-development peak rates of flow shall be governed by the following provisions:

(1) Post-development rates of runoff for the one- through one-hundred-year storm events shall not exceed pre-development rates.

(2) Within watersheds for which there is an approved Act 167 Stormwater Management Plan, the detention facilities shall at minimum be designed to discharge post-development peak runoff rates consistent with the plan criteria except in the instance of off-site detention facilities implemented as per Subsection 4B(4).

(3) Within watersheds for which there is not an approved Act 167 Stormwater Management Plan, the detention facilities shall be designed to provide that the peak rate of runoff at all points of discharge from the site, when developed, will not exceed the peak rate of runoff at each of those points prior to development, with the exception of the instance of off-site detention facilities implemented as per Subsection 4B(4).

(4) In certain instances, regional detention facilities to provide runoff control for multiple development sites may be implemented in lieu of individual development site detention basins. Peak runoff rates of discharge from a regional detention basin shall be based upon maintaining existing peak runoff rates for the tributary area, except that other criteria for discharge may apply for regional detention facilities located within a watershed with an approved Act 167 Stormwater Management Plan. Any developer relying upon regional detention facilities in lieu of on-site controls shall pay a fee to the owner of the regional facility (presumably the Township) in proportion to the share of total storage volume required by the development and provided by the basin.

C. Where detention facilities are included as part of the storm drainage system, the following provisions will apply:

[Amended by Ord. 2016-05, 3/17/2016; by Ord. 2017-02, 1/19/2017; and by Ord. No. 2020-05, 10/1/2020]

(1) All retention and detention ponds, except for those incorporating an infiltration function, spray irrigation system or a wet pond, shall be designed so that they return to normal conditions within 12 hours after the termination of the storm, unless the Township Engineer finds that downstream conditions may warrant other design criteria for stormwater release.

(2) The developer shall demonstrate that such ponds are designed, protected and located to assure that public safety is maximized and health problems minimized. The following minimum criteria shall apply:

(a) Top berm width shall be a minimum of 10 feet.

(b) Side slopes shall be six horizontal to one vertical or flatter. If the retention or detention facility is to be privately owned and have a permanent wet bottom pond with naturalized low growing vegetation, then the maximum slope shall be 4 1/2 horizontal to one vertical or flatter.

(c) Any pond that may, as designed, impound water to a depth in excess of 48 inches (as measured to the water surface elevation during the 100-year storm) shall be enclosed with:

1) A four-foot-high durable chain-link fence, high grade black vinyl clad with high grade black painted posts, cross-members, black bottom rail and hardware.

2) In Commercial or Industrial Zoning Districts identified in the Township Zoning Code (Chapter 27), a four-foot-high high-quality post-and-rail lumber, Trex or equivalent material fence of an acceptable earth-tone color with high grade durable black vinyl coated mesh barrier and bottom rail along the mesh.

3) A fence approved by the Board of Commissioners as equivalent.

(d) All ponds shall be naturalized as required by the Township Zoning Code and Design Guidelines (Chapter 27). Plantings shall include attractive vegetation placed throughout the basin and appropriately chosen for wet areas, slopes or at berms with appropriate Ernst seed mixes. The Board of Commissioners may require vegetative buffers to residential areas or other uses where deemed necessary and recommended by the Township Planning Director in consultation with the Township Engineer and Township Zoning Officer.

(e) All ponds which are designed with a permanent water level shall incorporate one or more of the following fly and mosquito control provisions:

1) Aeration, such as fountains, may be proposed as a means of reducing stagnant conditions necessary for flies and mosquitos to breed.

2) Fish may be stocked in ponds with a permanent water level of sufficient surface area and depth to support a healthy fish population. A fish stocking and management plan shall be submitted with the application for approval.

(f) All detention and retention ponds, except those that incorporate an infiltration function, shall incorporate an impervious clay liner or a synthetic liner with maximum permeability rates as outlined for clay liners in this chapter and as approved by the Township Engineer.

(g) Fencing and screening of retention and detention ponds shall be in place before the issuance of any occupancy permit for a land development or subdivision utilizing such retention or detention ponds.

(h) Whenever a retention or detention pond is located on lands open space or recreation land (as defined in § 22A-202 of this chapter), the retention or detention pond area and the open space/recreation area(s) shall be located on separate lots such that the retention or detention pond area and the open space/recreation land area(s) can each be separately offered for dedication to the Township.

(3) The developer shall verify that the operation of the retention or detention facility will not increase potential downstream peak conditions.

(4) Emergency overflow facilities shall be provided for retention and detention facilities to handle runoff in excess of design flows.

(5) If the lands of the proposed land development will remain in common ownership, the developer shall provide an annotation on the record plan imposing a covenant running with the land requiring perpetual maintenance of the retention or detention pond by either a community or homeowners association or by the owner of the development.

(6) If the lands of the proposed land development will be conveyed to two or more separate owners, the developer shall, at the option of the Township, either provide an annotation on the record plan imposing a covenant running with the land requiring perpetual maintenance of the retention or detention pond by either a community or homeowners association, or by the lot owners, or shall dedicate the land on which the retention or detention ponds are located to the Township which shall then be responsible for maintaining the retention or detention ponds.

(7) All retention and detention ponds shall provide for access for maintenance and repair, appropriate gates, stable access drives with materials approved by the Township Engineer such as geo-grid or equivalent materials. All such proposed access drives shall be reviewed and approved by the Township Engineer.

§ 22A-709 Underground Utilities and Easements.

[Ord. 1998-12, 12/17/1998, § 780; as amended by Ord. 2006-2, 8/17/2006; and by Ord. 2011-12, 10/6/2011]

1. Electric Utility Easement Lines. In accordance with a Pennsylvania Public Utility Commission order of July 8, 1970, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. In addition, the following design standards shall be observed:

A. Whenever practicable, telephone and cable TV utilities shall also be installed underground.

B. Whenever practicable, trenches through utility easements shall be occupied jointly by electric, gas, water, sewage and communication utilities.

C. All utility lines servicing commercial and industrial developments shall be installed underground.

2. Utility Easements.

A. Utility easements shall be provided for wire, conduits, sanitary sewers, gas and water mains and/or other utility lines intended to service the abutting lots. No structures shall be placed within such easements, except structures associated with the utilities.

B. Utility easements shall be located either:

(1) Abutting the street right-of-way. In this case, a minimum easement width of 10 feet shall be required.

(2) Along rear or side lot lines. In this case, a minimum easement width of 20 feet, 10 feet on each side of the lot line, shall be provided. Where the lot line coincides with the subdivision or land development boundary, a minimum easement width of 10 feet is required.

(3) A twenty-foot wide construction easement shall be required adjacent to the right-of-way (or anticipated right-of-way) of any flag lot (see, § 22A-704, Subsection 1, of this chapter) or any lot or portion thereof which, in the opinion of the Township, could possibly serve future subdivision of the property.

(4) Each record plan for a subdivision or land development shall include the following note:

"In accordance with Lower Macungie Township Ord. 2003-13, the developer/applicant, upon notifying public or private utilities of the opportunity to serve such subdivision/land development, shall also notify all cable operators licensed to operate a cable system in the Township of the opportunity to install cable facilities to serve that subdivision or land development."

3. Petroleum Transmission Lines.

A. No company intending to install any petroleum, petroleum products or natural gas transmission lines shall be allowed to construct the line on less than a fifty-foot right-of-way, such line to be installed in the center of the right-of-way, and shall comply with the applicable standards imposed by state and federal laws and regulations.

B. There shall be a minimum distance of 25 feet between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission right-of-way line which traverses the subdivision, but in no event less than 50 feet from any petroleum or natural gas transmission line.

4. Easement Maintenance. All surface and subsurface easements required by this chapter or shown on the record plan shall be kept clear of any and all structures and obstructions including, but not limited to, buildings, fences, trees, shrubs, driveways and berms. Grades, once established on the approved plan, shall not be altered without approval by the Board of Commissioners.

5. Easements Located on Township Recreation and Open Space Land.

A. The following note shall appear on the preliminary plan and the record plan of all subdivisions and land developments which contain land to be dedicated to the Township:

"With respect to any land of a subdivision or land development to be conveyed or granted by deed of dedication or deed of easement to Lower Macungie Township for any detention pond, or for any recreation or open space areas, no easements or rights of way of any kind, including those required by public or private utilities, shall be granted by the landowner or applicant to any person or entity other than Lower Macungie Township. Any grants of easements or other rights of land or any modifications to the quality of title of the land made subsequent to the Board Commissioners' approval of such preliminary plan shall be null and void."

B. The quality of title of such land shall be demonstrated in the preliminary plan [see § 22A-403, Subsection 4J(14), above] and such quality of title shall not be altered subsequent to the approval of the preliminary plan by the Board of Commissioners of the preliminary plan, except as provided below.

C. Modifications or waivers of the prohibitions of Subsection 5A.

(1) Any modification or waiver (pursuant to § 22A-1106 below) of the prohibitions stated in Subsection 5A, above, that is granted by the Board Commissioners subsequent to the approval of a preliminary plan, shall be made by request to and resolution by the Board and need not require a resubmission of the plan (unless the Board finds that granting such a waiver would constitute a substantial change to the original plan and therefore directs that the plan must be resubmitted and re-reviewed, in the usual manner provided in this chapter, before the waiver can be considered).

(2) Any easements or rights-of-way that are permitted by the Board granting such a waiver under Subsection 5C(1) after the approval of the preliminary plan, shall be reflected in (as is applicable) either:

(a) A revised preliminary plan to be filed with the Township within 30 days of the grant of such waiver, which plan shall include a note making reference to the specific resolution of the Board that granted the waiver.

(b) A revised record plan to be filed of record within 30 days of the grant of such waiver, which plan shall include a note making reference to the specific resolution of the Board that granted the waiver.

§ 22A-710 Environmental Protection.

[Ord. 1998-12, 12/17/1998, § 790; as amended by Ord. 1999-17, 12/16/1999; by Ord. 2000-5, 5/4/2000; by Ord. 2006-2, 8/17/2006; by Ord. 2010-08, 9/2/2010, Art. XLIX; and by Ord. 2011-12, 10/6/2011]

1. Erosion and Sediment Control.

A. General Standards.

(1) No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced within a proposed subdivision or land development tract until such time that a plan for sedimentation control and minimizing erosion has been reviewed and found satisfactory by the Lehigh County Conservation District and reviewed and approved by the Township, or there has been a determination by the Township, upon recommendation by the Lehigh County Conservation District, that such plans are not necessary.

(2) Measures used to control erosion and reduce sedimentation shall meet the standards and specifications of the Lehigh County Conservation District as set forth in the County Erosion and Sediment Control Handbook. The Township Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the District.

B. Performance Principles.

(1) The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:

(a) Stripping of vegetation and grading shall be kept to a minimum.

(b) Development plans shall preserve significant natural feature, 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.

(c) Whenever feasible, natural vegetation shall be retained, protected and supplemented.

(d) The disturbed area and the duration of exposure shall be kept to a practical minimum.

(e) Disturbed soils shall be stabilized by permanent vegetation and/or by mechanical erosion control and drainage measures as soon as practicable in the development process.

(f) Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

(g) Provisions shall be made to effectively accommodate in the increased runoff caused by soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be mechanically retarded.

(h) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basin, silt traps, or similar measures.

C. Grading for Drainage.

(1) In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirement shall be met:

(a) All lots, tracts or parcels within a proposed subdivision or land development shall provide proper drainage away from buildings and dispose of surface water without ponding, except where an alternative drainage system drainage patterns shall be preserved wherever possible.

(b) Cut and fill slopes shall not be steeper than 3:1 unless stabilized by a retaining wall or cribbing.

(c) Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

(d) Cut and fills shall not endanger adjoining property.

(e) Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

(f) Fills shall comply with the requirements of Flood Prone Area Regulations of Lower Macungie Township [Chapter 27, Appendix 27A], and any amendments thereto.

(g) Fills placed adjacent to natural water courses or constructed channels shall have suitable protection against erosion during periods of flooding.

(h) Grading will not be done in such a way as to divert water onto the property of other landowners without the written consent of the landowners.

(i) During grading operations, necessary measures for dust control will be exercised.

(j) No equipment shall alter or damage the bed and banks of any stream, unless approved by the Department of Environmental Protection.

(k) Equipment shall cross streams only at approved crossings utilizing culverts or bridges.

2. Natural Feature Preservation. The design and development of subdivisions and land developments shall be in harmony with the natural features of the site and shall respect the development limitations of the natural features. Subdivisions and land development design shall be integrated with the natural terrain of the site, wooded areas, large trees, natural watercourses, wetlands, rock outcroppings and scenic views.

A. Areas with Development Limitations.

(1) Subdivisions and land developments shall minimize the disturbance of steeply sloping areas; that is, areas with slopes in excess of 15%. Development shall be directed to the less sloping portions of the site to the greatest degree possible. The subdivision/land development shall comply with the steep slope requirements of the Zoning Ordinance [Chapter 27].

(2) Subdivisions and land developments shall conform to the requirements of the Lower Macungie Township Flood Hazard Area (Overlay District) Regulations [Chapter 27, Appendix 27A].

(3) The filling or development of wetlands and areas of hydric soils shall conform to the hydric soil regulations of the Zoning Ordinance [Chapter 27], and shall not proceed until relevant U.S. Army Corps of Engineers and Pennsylvania Department of Environmental Protection permits have been granted.

(4) Subdivisions, land developments and grading involving Karst areas shall meet the requirements of Subsection 4 of this section.

B. Tree Preservation and Planting.

(1) Trees six inches or more in diameter (measured at a height of four feet above grade) shall not be removed unless they are located within the proposed cartway, bikeway or sidewalk portion of a street right-of-way, or within 15 feet of the foundation area of a new building. Areas in which trees are retained shall remain at original grade level and undisturbed wherever possible.

(2) Where no existing trees are retained along existing or proposed street rights-of-way, or the existing trees are more than 50 feet apart, trees shall be planted at intervals of 50 feet on each side of the street. The trees shall measure 2 1/2-inch caliper at a height of six inches above grade. If the required number of street trees is greater than 10, a mix of no less than two species of trees shall be provided. If the required number of street trees is greater than 20, a mix of no less than three species shall be provided.

(3) Where sidewalks are installed, street trees shall be located in the planter strip between the back face of the curb and the sidewalk Where bike paths are permitted, the bike path shall be located one foot from the street right-of-way line and street trees shall be planted between the bike path and the cartway.

(4) Street trees shall be of the variety listed, and located as directed, on the attached document entitled "Street Trees by Location/Typical Tree Planting Detail." Street trees shall be pruned or "limbed" to a height of eight feet above the ground.

(5) All planting strips within street rights-of-way shall be finished, graded, properly prepared and seeded or sodded with lawn grass in conformance with good nursery practice.

(6) For all land developments and for all subdivisions not a minor subdivision, a landscape plan shall be developed. The plan shall show the plant cover which exists, and on the same or separate sheet, that which will exist when the landscaping is completed.

(7) The landscape plan shall include trees in addition to those required along the street rights-of-way. The following standards are to be used as a guide to the number, not the spacing or location, of additional trees required.

(a) One tree per dwelling unit or one tree per 50 lineal feet of interior street.

(b) The trees shall be of the types referenced in Subsections 2B(5) and (6) and shall measure 2 1/2 inch caliper at a height of four feet above grade.

C. Topsoil Protection.

[Amended by Ord. No. 2020-05, 10/1/2020]

(1) Topsoil shall not be removed from any site or property without an approved grading plan or other written approval from the Township.

(2) Unless otherwise approved in writing by the Township, all final site grading shall maintain a minimum depth of six inches of topsoil upon completion of any new construction or land development.

D. Stream Frontage Maintenance. An easement for maintenance purposes, a minimum of 20 feet in width, but in all cases of sufficient width to allow proper maintenance, shall be provided along all stream banks.

3. Recreation Areas. Lower Macungie Township adopts the Comprehensive Plan of Lower Macungie Township, Community Facilities Plan–Parks, Recreation and Open Space (pp. 91-100)," adopted April 13, 1988, and the Parks, Recreation and Open Space Plan for Lower Macungie Township, adopted by the Board of Commissioners on January 20, 2000, pursuant to Res. 2000-16, as the "Recreation Plan for Lower Macungie Township," as amended thereafter.

The open space and recreation needs of subdivisions and land developments shall be met as follows:

A. Recreation Land, Passive.

(1) Undeveloped areas within the one-hundred-year and five-hundred-year floodplain, power line or pipeline rights-of-way, and areas characterized by wetland, hydric soils, woodlands, or slopes in excess of 5% may be designated by an applicant as recreation land, passive and offered for dedication to the Township, subject to approval of the Board of Commissioners at its sole discretion. If, and only if, such recreation land, passive, is within the five-hundred-, or one-hundred-year floodplain of the Little Lehigh Creek or the Swabia Creek, a credit of one square foot per each four square feet of such floodplain area offered for dedication to the Township shall be applied to the recreation land, active dedication requirements of Subsection 3B. The credit may also be applied to cash in lieu of recreation land, active, as provided in Subsection 3A(3) at the same above-noted ratio. However, in no event shall such land credit or cash-in-lieu credit satisfy more than one-half of an applicant's recreation land, active dedication requirement under Subsection 3A.

The Board of Commissioners shall consider dedication of recreation land, passive, relative to the following factors:

(a) Relationship to the recreation land recommendations of the Comprehensive Plan.

(b) Accessibility of the land to be dedicated.

(c) Present use of the land to be dedicated.

(d) The potential for connection to or integration with other Township recreation lands.

(e) Preservation of natural features.

(2) Access to recreation land, passive dedicated to the Township shall be provided as follows:

(a) A right-of-way directly connecting the recreation land, passive, with a public street shall be provided at intervals not less than one access right-of-way every 1/2 mile. At least one access right-of-way shall be provided for each distinct recreation land, passive area.

(b) The access right-of-way shall have a minimum width of 50 feet. The area of the access right-of-way shall be part of the dedicated recreation land, passive, area.

B. Recreation Land, Active.

(1) Land meeting the criteria for recreation land, active, as set forth in Part 2, Definitions, "recreation land, active," shall be offered for dedication to the Township, subject to the approval of the Board of Commissioners at their sole discretion. A minimum of 3,400 square feet per lot or dwelling unit shall be offered for dedication (the land required for recreation space per dwelling unit under the Lower Macungie Township Parks, Recreation and Open Space Plan; see this section). The Board of Commissioners shall consider the offer of dedication for recreation land, active, relative to the following factors:

[Amended by Ord. 2017-02, 1/19/2017]

(a) The suitability of the size, shape and landform of the tract for appropriate recreation land, active facilities, such as playing fields. No recreation land, active area shall be less than two acres in size.

(b) Accessibility of the land offered for dedication.

(c) Conformity with the Parks and Recreation elements of the Township's Parks and Open Space Recreation Plan.

(d) The ability of nearby Township recreation lands to provide reasonably-accessible recreational use for residents of the proposed subdivision.

(2) Access to Recreation Land. Recreation land, active lands dedicated to the Township pursuant to Subsection 3B(1) shall be as follows:

(a) At least one side of the recreation land, active land shall front on a public street. Frontage on two or more public streets is preferred. Minimum frontage on said public street(s) shall be 300 feet.

(b) Additional access may be provided by rights-of-way connecting the recreation land, active land with public streets.

(c) Rights-of-way providing access to recreation land, active land shall have a minimum width of 50 feet. Each right-of-way shall be part of the land dedicated as recreation land, active and shall contain at least one eight-foot wide asphalt path, constructed to Township bicycle path standards, connecting the recreation land, active land to the public street(s).

(d) Recreation land, active land shall be dedicated to the Township within 24 months of the start of construction of the subdivision, regardless of the location of the recreation land, active land with respect to any phases of the land development. Recreation land, active land shall be graded and stabilized to the requirements of § 22C-109, Subsection 4B, of Chapter 22C within 90 days after completion of the base course of the subdivision's streets.

(3) Cash in lieu of dedication of recreation land, active, or a combination of dedicated recreation land, active, land and cash in lieu of dedicated land, subject to the approval of the Board of Commissioners at their sole discretion, may be offered as follows:

(a) The cash in-lieu of recreation land, active land dedication shall be $3,800 per dwelling unit, payable prior to the recording of the final plan. Alternatively, if remittance is not made prior to final plan recording, the cash in lieu of recreation land, active dedication shall be $3,800 per dwelling unit, plus an additional charge to the applicant of 5% per year compounded annually from the date of final plan approval, payable at the time of issuance of individual building permits for the subdivision lots. If the alternative payment plan is used, all unremitted sums shall be secured as an improvement of the subdivision, pursuant to § 509 of the Municipalities Planning Code, as amended, 53 P.S. § 10509.

(b) The use of monies from cash in lieu of recreation land, active dedication shall be restricted to the purchase of lands for recreation use that are reasonably accessible to the residents of the subdivision or land development, the improvement of such recreation lands, or other related capital expenditures.

(c) The aforesaid monies shall be deposited in a separate Township interest bearing trust account setup for this purpose by the Board Commissioners, which account identifies the specific recreation district for which the cash in lieu of dedication was received.

(4) For each residential subdivision or land development, there shall be one lot or dwelling unit exemption for the cash in lieu of dedication requirement.

(5) If an applicant includes in its preliminary plan or final plan one or more areas of land or facilities which are intended and suitable for active recreational uses of the residents of the subdivision or land development, or of the Township's residents, but such recreational land or facilities are not dedicated to the Township under this chapter, then the applicant shall include on the plan a note:

(a) Creating, or incorporating by reference another document to be filed of record that creates such an entity, a homeowners association or other similar entity approved by the Township, which shall assume the legal responsibility for such recreational land or facilities.

(b) Providing for a covenant to run with the land for the benefit of all successors in interest to the applicant's record owner, granting an easement to enter upon, use and enjoy such recreational lands or facilities or covenanting that the aforesaid entity shall maintain in perpetuity such lands or facilities for recreational uses as set forth in the plan.

(c) Such covenant and grant shall be included in all conveyances of land, leases, or condominium declarations within nor with respect to the subdivision or land development.

4. Karst Hazards.

A. Purpose. The purpose of this subsection is to recognize the potential for damage to public and private improvements, human injury or death, and the disruption of vital public services which may arise by the potential for sinkholes and/or subsidence with areas of carbonate geology. A further purpose of this subsection is to minimize the potential for such sinkhole and/or subsidence occurrence and to protect the ground water resource. Should the regulations of this and other applicable regulations conflict, the most stringent regulations shall apply.

B. Disclaimer of Liability. Whereas the exact occurrence of sinkholes and/or subsidence is not predictable, the administration of these regulations shall create no liability on behalf of the Township, the Township Engineer, Township employees, or Township agencies as to damages which may be associated with the formation of sinkholes or subsidence. That is, compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The Township, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity.

C. Karst Hazard Indicator Map. Areas of the Township in which Karst features are believed more likely to be present are shown on the Karst Hazard Indicator Map at the end of this chapter. These areas are the "carbonate" areas shown on the map. The sinkholes, solution pans, kettle holes, quarries and limonite excavations delineated on the Karst Hazard Indicator Map were taken from two sources: (1) Sinkhole Occurrence and Geologic Maps prepared by VFC, Engineering & Construction Services as part of the Lehigh-Northampton Sinkhole Study; (2) the Little Lehigh Creek Basin Carbonate Prototype Area Closed Depression Map prepared by R. E. Wright Associates, Inc. The Karst Hazard Indicator Map is intended as a tool to assist applicants and the Township in identifying Karst hazard areas. However, the Karst Hazard Indicator Map is not the exclusive tool for locating Karst features: the Township shall also utilize generally accepted geological techniques to locate such features.

D. Procedures.

(1) As part of the preliminary plan requirements for all subdivisions and land developments, the applicant shall engage a licensed geologist to review the existing aerial photos, soils, geological and related data available to him as it may pertain to the subject property and to make a site inspection of the property.

(2) A site inspection by the applicant's geologist, using all available data and with such assistance as is needed, shall determine the presence or absence of Karst surface features of the site, and locate the same if present on a site plan at a scale no smaller than one inch equals 100 feet. In particular, the following features shall be located, if present, on the site:

(a) Closed depressions.

(b) Open sinkholes.

(c) Seasonal high water table indicators.

(d) Unplowed areas in plowed fields.

(e) Surface drainage into ground.

(f) Limonite excavations and quarries.

(g) Any Karst feature shown on the Karst Hazard Indicator Map.

(3) The applicant must provide the Township with a map at a scale of one inch equals 100 feet that shows the Karst features listed in Subsection 4E(2).

(4) Based upon the site inspection, the applicant's geologist shall determine what further testing should be done by the applicant to ensure compliance with the performance standards set forth in Subsection 4E. Testing methodology shall be reasonable under the circumstances, including (a) the scale of the proposed development; and (b) the hazards revealed by examination of available data and site inspection.

(5) The applicant shall cause the additional testing, if any, to be effected and shall submit test results to the Township Engineer.

(6) The Township Engineer shall report to the Planning Commission, with a copy to the applicant, his opinion concerning the adequacy of the report submitted based upon the scale of the development and the hazards revealed by the report, and shall make recommendations to the Planning Commission based upon the report submitted concerning site development, including stormwater management, the layout of utility lines, and building location. The Township Engineer may require the applicant to perform such additional testing as may be appropriate.

E. Performance Standards.

(1) All applicants for subdivisions or land developments shall comply with the requirements of this chapter regarding Karst hazards.

(2) No stormwater detention facility shall be placed within 100 feet of the features listed in Subsection 4D(2), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

(3) No stormwater swale with design flows in excess of 10 cubic feet per second for the ten-year flood may be constructed within 100 feet of the features listed in Subsection 4D(2), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

(4) No stormwater pipe shall be constructed within 100 feet of the features listed in Subsection 4D(2) unless it is concrete pipe utilizing O-ring joints.

(5) No principal or accessory building, no structure, and no impervious surface shall be located closer than 100 feet from the edge of the features listed in Subsection 4D(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

(6) No septic system or tile field, no swimming pool, no solid waste disposal area, transfer area or facility, no oil, gasoline, salt or chemical storage area, and no blasting for quarrying or well enhancement activities shall occur within 100 feet of the features listed in Subsection 4D(2) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

(7) Soil conservation plans filed with the Lehigh County Conservation District shall detail safeguards to protect identified Karst features.

(8) All utility lines located in a Karst hazard area shall be so constructed as to not permit the flow of water along the utility line trench, and shall be imperviously diked at thirty foot intervals.

(9) When a proposed utility line is located in an identified Karst hazard area, the applicant shall demonstrate to the Township that the appropriate utility authority has been notified of this fact and that the applicant will comply with the authority's recommendations concerning provisions to prevent the flow of water along the utility line trench.