A.
Traffic study required.
(1)
All developments that do not meet the criteria in § 160-61A(2) or (3) shall, as a minimum, identify the amount of traffic generated by the site for daily and the three peak hour conditions (a.m., p.m. and site generated). The trip generation rates shall be justified and documented to the satisfaction of the Township.
(2)
Abbreviated traffic impact study. Whenever a proposed project will
generate 50 to 99 new vehicle trips in the peak direction (inbound
or outbound) during the site peak traffic hour, the applicant shall
perform an abbreviated traffic impact study. Based on this study,
certain improvements may be identified as necessary to provide safe
and efficient access to the development. The abbreviated traffic impact
study shall include:
(3)
Comprehensive traffic impact study. Whenever a proposed project will
generate 100 or more new vehicle trips in the peak direction (inbound
or outbound) during the site peak traffic hour, the applicant shall
perform a comprehensive traffic impact study. Based on this study,
certain improvements may be identified as necessary to provide safe
and efficient access to the development.
(a)
Transportation demand management measures such as staggered
start and end work times, telecommuting, utilization of transit, greenway
or trail linkages, park and ride lots, etc., may be used to reduce
trip generation for the proposed development. If such measures will
reduce the new vehicle trips in the peak direction during the peak
traffic hour to less than 100, then an abbreviated traffic impact
study may be performed in lieu of a comprehensive study. When such
trip reduction measures are used to justify performance of an abbreviated
study as permitted by this section, the developer and successors shall
be bound by a recorded agreement to implement such measures. The terms
and form of agreement shall be as mutually agreed upon by the Township
and the applicant.
(b)
A comprehensive traffic impact study shall be prepared whenever
either of the following conditions exists within the impact study
area:
[1]
Current traffic problems exist in the local area, such as a
high crash location, confusing intersection, or a congested intersection
that directly affects access to the development.
[2]
The ability of the existing roadway system to handle increased
traffic or the feasibility of improving the roadway system to handle
increased traffic is limited.
B.
Traffic impact study requirements.
(1)
Area of traffic impact study. The traffic impact study area shall
be based on the characteristics of the surrounding area. The intersections
to be included in the study shall be adjacent to the site or have
direct impact upon the access to the site. The intersections shall
be mutually agreed upon by the Township and the transportation engineer
preparing the study. The County Planning Commission shall be called
upon to resolve any disputes between the Township and the transportation
engineer.
(2)
Preparation by transportation engineer required. Traffic impact studies
shall be prepared by or under the supervision of qualified and experienced
transportation engineers with specific training in traffic and transportation
engineering and at least two years of experience related to preparing
traffic studies for existing or proposed developments.
(3)
Horizon year. The traffic forecasts shall be prepared for the anticipated
opening year of the development, assuming full build out and occupancy.
This year shall be referred to as the "Horizon Year."
(4)
Nonsite traffic estimates. Estimates of nonsite traffic shall be
made, and will consist of through motorized and nonmotorized traffic
and motorized and nonmotorized traffic generated by all other developments
within the study area for which preliminary or final plans have been
approved. Nonsite traffic may be estimated using any one of the following
three methods: "build-up" technique, area transportation plan data
or modeled volumes, and trends or growth rates.
(5)
Trip generation reports required. The traffic impact study shall
include a table showing the land use categories and quantities, with
the corresponding trip generation rates or equations (with justification
for selection of one or the other), and resulting number of trips.
The trip generation rates used must be either from the latest edition
of Trip Generation by ITE, or from a local study of corresponding
land uses and quantities. All sources must be referenced in the study.
(6)
Consideration of pass-by trips. If pass-by trips or shared trips
are a major consideration for the land use in question, studies should
be referenced and interviews should be conducted and documented at
similar land uses.
(7)
Rate sums. Any significant difference between the sums of single-use
rates and proposed mixed-use estimates must be justified and explained
in the study.
(8)
Explanations required. The reasoning and data used in developing
a trip generation rate for special/unusual generators must be justified
and explained in the report.
(9)
Definition of influence area. Prior to trip distribution of site-generated
trips, an influence area must be defined which contains 80% or more
of the trip ends that will be attracted to the development. A market
study can be used to establish the limits of an influence area, if
available. If no market study is available, an influence area should
be estimated based on a reasonable documented estimate. The influence
area can also be based on a reasonable maximum convenient travel time
to the site, or delineating area boundaries based on locations of
competing developments. Other methods, such as using trip data from
an existing development with similar characteristics or using an existing
origin-destination survey of trips within the area, can be used in
place of the influence area to delineate the boundaries of the impact.
(10)
Estimates of trip distribution required.
(b)
Whichever method is used, trip distribution must be estimated
and analyzed for the horizon year. A mixed-use development may require
more than one distribution and coinciding assignment for each phase
(for example, residential and retail phases on the same site). Consideration
shall also be given to whether inbound and outbound trips will have
similar distributions.
(11)
Trip assignments.
(a)
Assignments be made considering logical routings, available
roadway capacities, left turns at critical intersections, and projected
(and perceived) minimum travel times. In addition, multiple paths
should often be assigned between origins and destinations to achieve
realistic estimates rather than assigning all of the trips to the
route with the shortest travel time. The assignments must be carried
through the external site access points and in large projects (those
producing 500 or more additional peak direction to or from the site
during the development's peak hour) through the internal roadways.
When the site has more than one access driveway, logical routing and
possible multiple paths should be used to obtain realistic driveway
volumes. The assignment should reflect conditions at the time of the
analysis. Assignments can be accomplished either manually or with
applicable computer models. If a thorough analysis is required to
account for pass-by trips, the following procedure should be used:
(b)
Upon completion of the initial site traffic assignment, the
results should be reviewed to see if the volumes appear logical given
characteristics of the road system and trip distribution. Adjustments
should be made if the initial results do not appear to be logical
or reasonable.
(12)
Total traffic impacts. Motorized and nonmotorized traffic estimates
for any site with current traffic activity must reflect not only new
traffic associated with the site's redevelopment, but also the trips
subtracted from the traffic stream because of the removal of a land
use. The traffic impact study should clearly depict the total traffic
estimate and its components.
(13)
Capacity analysis. Capacity analysis shall be performed at each
of the major street and project site access intersection locations
(signalized and unsignalized) within the study area. In addition,
analyses must be completed for roadway segments deemed sensitive to
site traffic within the study area as determined by the Township.
These may include such segments as weaving sections, ramps, internal
site roadways, parking facility access points, and reservoirs for
vehicles queuing on- and off-site. Other locations may be deemed appropriate
depending on the situation.
(a)
The recommended level-of-service analysis procedures detailed
in the most recent edition of the Highway Capacity Manual must be
followed.
(b)
The operational analyses in the Highway Capacity Manual should
be used for analyzing existing conditions, traffic impacts, access
requirements, or other future conditions for which traffic, geometric,
and control parameters can be established.
(14)
Required levels of service. The recommendations of the traffic
impact study shall provide safe and efficient movement of traffic
to and from and within and past the proposed development, while minimizing
the impact to nonsite trips. The current levels-of-service must be
maintained if they are Levels C or D, not allowed to deteriorate to
worse than Level C if they are currently Levels A or B, and improved
to Level D if they are Levels E or F.
(15)
Documentation required. A traffic impact study report shall
be prepared to document the purpose, procedures, findings, conclusions,
and recommendations of the study.
(a)
The documentation for a traffic impact study shall include,
at a minimum:
[1]
Study purpose and objectives.
[2]
Description of the site and study area.
[3]
Existing roadway conditions in the area of the development.
[4]
Recorded or approved development(s) within the traffic impact
study area.
[5]
Trip generation, trip distribution, and modal split.
[6]
Projected future motorized and nonmotorized traffic volumes.
[7]
An assessment of the change in roadway operating conditions
resulting from the development traffic.
[8]
Recommendations for site access and transportation improvements
needed to maintain and/or improve motorized and nonmotorized traffic
flow to, from, within, and past the site at an acceptable and safe
level-of-service. This shall include transit location, availability
of bike routes, connection to a park and/or trail system.
(b)
The analysis shall be presented in a straight forward and logical
sequence. It shall lead the reader step-by-step through the various
stages of the process and resulting conclusions and recommendations.
(c)
The recommendations shall specify the time period within which
the improvements should be made (particularly if the improvements
are associated with various phases of the development construction),
and any monitoring of operating conditions and improvements that may
be required. The recommendations shall also identify who will be responsible
for making the improvements.
(d)
Data shall be presented in tables, graphs, maps, and diagrams
wherever possible for clarity and ease of review.
(e)
To facilitate examination by the Township, an executive summary
of one or two pages shall be provided, concisely summarizing the purpose,
conclusions, and recommendations.
(f)
The study documentation outlined above provides a framework
for site traffic access/impact study reports. Some studies will be
easily documented using this outline. However, the specific issues
to be addressed, local study requirements, and the study results may
warrant additional sections.
C.
Improvements.
(1)
Responsibility. The applicant shall be responsible for the improvements
required to provide safe and convenient ingress and egress to the
development site.
(2)
Coordination. The applicant shall be responsible for other improvements
related to the results of the traffic impact study as may be agreed
to with the Township.
A.
Archaeological investigations. Specific state and federal guidelines
and procedures for review procedures as well as pertinent legislation
may be obtained by contacting the Bureau for Historic Preservation
(BHP) and Pennsylvania Historical and Museum Commission (PHMC). Specific
state and federal guidelines and procedures are outlined in detail
in A Summary of Major Relevant Federal and State Legislation and Regulations,
Appendix A, and Procedures for Compliance with Federal and Commonwealth
Preservation Law, Appendix H.[1] Projects affecting or potentially affecting historical
and archaeological properties are subject to review by the PHMC, BHP
under the provisions of both Section 106 of the National Historic
Preservation Act of 1966 and Section 10 of the 1978 Pennsylvania Historic
Preservation Act. No project shall be developed on a site identified
by the PHMC as containing or likely to contain features of archaeological
or historic significance until procedures for compliance with federal
and state regulations have been realized and the review process has
been completed. All subdivisions and/or land development plans which
meet the abovementioned requirements shall provide a letter of determination
and/or report from PHMC, BHP addressing the following:
(1)
The BHP letter of determination.
[1]
Editor's Note: These appendixes are included in the online
version of the Code of the (Township of Elizabeth) (eCode360®).
Said appendixes are also on file in the Township offices.
B.
Preservation of historic features.
(1)
Subdivisions and land developments shall be designed to preserve,
adaptively reuse, or otherwise provide for the historic features of
Elizabeth Township.
(a)
Historic features that are retained and preserved within the
project area shall be situated on a lot of sufficient size to retain
its integrity of setting.
(b)
After the lot area of the historic feature is determined, the
remaining number of buildable lots that would be allowed on the subject
tract may each be reduced in area, if necessary, to accommodate the
same number of buildable lots on the subject tract, to not smaller
than 3/4 acre.
(2)
Modifications or exterior alterations to historic features or sites,
or new construction contiguous to historic properties. New construction
should be visually compatible with the character of historic features
in the vicinity in terms of size, scale, mass, shape, proportion,
materials and textures, rhythm and patterns, orientation and location,
cornice and floor to floor heights, arrangement and size of windows
on the facade, etc. See Appendix F.[2]
[2]
Editor's Note: This appendix is included in the online version
of the Code of the (Township of Elizabeth) (eCode360®). Said appendix
is also on file in the Township offices.
(3)
A landscape plan shall be provided that provides buffering, using
vegetative materials, walls or fencing as appropriate, between new
construction and historic features to help mitigate adverse visual
or auditory impacts and to help the historic feature retain its integrity
of setting.
C.
Demolition restricted. Applicants whose applications for demolition,
removal, or relocation are approved may be subject to conditions that
include but may not be limited to the following. (The applicant will
be informed at the conclusion of the review process regarding any
conditions that must be satisfied. Refusal to comply with the conditions
will be deemed a violation.)
(1)
A complete set of exterior and interior photographs of the building
or proposed for all demolition, removal, or relocation which includes
all exterior elevations, interior spaces, and all significant architectural
features.
(2)
A historic structure report which may include any or all of the following:
(a)
Physical description including a site plan with North arrow,
showing all buildings on the parcel, nearby roads, landmarks, streams,
etc., a written description of the general area, a written description
of the lot or parcel with relationships of buildings one to another,
and a written description of each building with exterior and interior
word pictures.
(b)
Historic narrative telling the story of the property and including
a bibliography.
(c)
Chain of title including documentation of the source of the
information such as the deed or will book, volume, page number, etc.
(d)
Photo documentation including general photos of property showing
relationships of buildings and detailed photos (interior and exterior)
of all buildings.
(e)
Measured drawings labeled and cross-referenced to photographs
of the same detail.
(f)
Appendices including copies of deeds and wills, maps, and other
supporting materials.
(3)
A plan for the salvage of architectural features and/or building
materials.
D.
Retention of local names. Applicants are encouraged to perpetuate
historic names or geographic references that are traditionally associated
with the area in which a project is located, rather than proposing
project names that are not consistent with Elizabeth Township or Lancaster
County traditions or culture.
A.
Dedication. All plans for residential subdivision of land or residential
land developments shall provide for the dedication of land for park
and open space uses, and/or, upon agreement by the applicant, the
construction of recreation facilities, the payment of fees in lieu
thereof, the private reservation of land, or any combination thereof.
All dedications of land for park and open space purposes shall be
consistent with standards contained within the Comprehensive Plan.
B.
General requirements. The applicant shall designate areas of residential
subdivisions or residential land developments for parks, playgrounds,
or other public open space and recreational uses in accordance with
the provisions of such plans. The applicant shall make an irrevocable
offer of dedication for such land to the Township, as required by
the Board of Supervisors, title to such land shall be good and marketable,
free of liens or other defects, and acceptable to the Township Solicitor.
The Board of Supervisors may, upon agreement of the applicant, authorize
the transfer of the land to a homeowner's association or to a nonprofit
corporation whose purpose is the conservation or preservation of land.
C.
Land requirements for proposed recreation areas. Land required to
be provided for recreation area for residential subdivisions or land
development plans not exempted from the provisions of this section
shall comply with the following requirements:
(1)
The minimum lot area which shall be dedicated shall be 0.04 acre
per lot or dwelling unit.
(2)
Such land set aside shall be suitable to serve the purpose of active
and/or passive recreation by reason of its size, shape, location and
topography and shall be subject to the approval of the Board of Supervisors.
(3)
In no event will the amount of land to be dedicated for recreation
be less than the minimum lot size for the zoning district in which
the subdivision or land development is located.
(4)
The developer may request that the Township not require the dedication of land, and any such request shall be accompanied by an offer to pay a fee in lieu of dedication of the land, computed in accordance with the regulations under § 160-63D, an offer to construct recreation facilities and/or an offer to privately reserve land for park or recreation purposes.
D.
Fee in lieu of dedication. The applicant may, with the consent and
approval of the Board of Supervisors, elect to pay a fee to the Township
in lieu of the park and open space dedication and so note on the plans.
(1)
The amount of any fee to be paid in lieu of dedication of land shall
be equal to the average fair market value of the land (based on the
unimproved land value) otherwise required by this section or shall
be in accordance with the Township's adopted flat fee-in-lieu schedule
which establishes a fixed price per lot, unit, or acre. If the applicant
does not desire to pay the fixed fee established by resolution, the
applicant shall provide evidence of the fair market value of the amount
of land required to be dedicated as follows:
|
N x (average FMV of one acre) = fee.
|
|
Where: N = the number of acres required to be dedicated for park and open space purposed, calculated in accordance with § 160-63C and FMV = fair market value based on the unimproved land value.
| ||||
(2)
Determination of market value.
(a)
The applicant shall provide the Board of Supervisors with all
information necessary to determine the fair market value of the land,
including, but not limited to, the following:
[1]
If the applicant is the equitable owner, or purchased the land
in fee simple less than two years prior to the preliminary or final
plan submission, a copy of the agreement of sale or real estate transfer
tax affidavit of value.
[2]
If the applicant is the equitable owner, or purchased the land
in fee simple more than two years prior to the preliminary or final
plan submission, an opinion of value of the property by a state certified
appraiser acceptable to the Board of Supervisors.
(b)
Any applicant aggrieved by the fee established shall have the
right to secure a second opinion of value of the property by a state
certified appraiser acceptable to the Board of Supervisors. The two
estimated values shall be averaged, with the result being the amount
upon which the fee will be based.
(3)
The applicant shall pay the fee prior to the recording of each phase
of the final plan and shall be in an amount equal to the percentage
of the total number of dwelling units in the phase.
E.
Park fund. All fees paid to the Township by the developer in lieu
of dedication of park and open space land shall be deposited in a
separate interest-bearing account. Fees deposited to this account
shall be administered as required by the MPC.
F.
General design criteria. Except as provided in § 160-63G and H, the type of areas to be dedicated for park and open space land within a subdivision or land development plan shall principally involve neighborhood parks which are defined as "those parks providing primarily active outdoor recreational opportunities located within half-mile radius from a majority of the residences to be served thereby." Exceptions to this will be when dedications are made to a community park which serves the subdivision and is located within a two-mile radius of the majority of the residences to be served, or a county park which serves residences located within a ten-mile radius. The land set aside for park and open space uses shall meet the following design criteria:
(1)
The park and open space land shall be reasonably located so as to
serve all of the residents of the subdivision or land development.
(2)
The park and open space land shall be accessible from a street either
directly or by pedestrian connection or shall adjoin and become a
part of an already existing public park or open space area that is
accessible from a street. Where access to the park is by public road,
the width of the frontage shall be a minimum length deemed necessary
by the Township for access, visibility of the site, and public safety.
(3)
No more than 25% of the park and open space land shall contain detention
basins or other stormwater management facilities, or be located within
a floodplain or wetland unless such area is part of a linear trail
or green way along an existing watercourse. In all cases, land containing
a detention basin or other stormwater management facilities, floodplains,
or wetlands must be suitable for public recreation use without compromising
the function of these areas.
(4)
The park and open space land shall be compact and contiguous unless
the land is located adjacent to and combined with existing park and
open space land, or specific topographic features require a different
configuration. An example of such topographic features would be the
provision of linear public open space along a scenic creek.
(5)
When public park and open space land exists adjacent to the subject
tract, the park and open space land shall be located to adjoin and
enlarge the presently existing park and open space land.
(6)
The park and open space land shall be accessible to utilities such
as sewer, water, and power that are provided within the subdivision,
and if so, the developer shall extend such utilities to the park and
open space land.
(7)
If the developer is planning to construct facilities for recreation
on the dedicated property as an amenity for the development, such
facilities shall be constructed in accordance with current standards
established by the National Recreation and Park Association. Where
applicable, facilities constructed shall also comply with the accessibility
guidelines of the Americans with Disabilities Act of 1990. Playground
equipment constructed or placed on parkland shall be in compliance
with guidelines from the Consumer Products Safety Commission.
G.
Existing trails.
(1)
When a subdivision or land development is traversed by or abuts an
existing public trail, customarily used by pedestrians and/or equestrians,
the applicant shall make provision for the continued recreational
use of the trail, subject to alterations of the course of the trail
within the boundaries of the development under the following conditions:
(a)
The points at which the trail enters and exits the tract shall
remain unchanged.
(b)
The proposed alteration exhibits quality trail design according
to the generally accepted principles of landscape architecture.
(c)
The proposed alteration does not run coincidentally with the
paved road intended for use by motorized vehicles.
(2)
The land set aside for the continuation of such existing trail shall
be counted towards the amount of park and open space land.
H.
Trails and linear parks. The trail or linear park shall conform to
the Comprehensive and any County-wide trail and recreation master
plan, and appropriate County Comprehensive Plan. The Board of Supervisors
may require, as a condition of final plan approval, the dedication
and improvement of trails and linear parks, which may be credited
toward the park and open space land requirement. Trails and linear
parks developed and dedicated for public use may be credited toward
the park and open space land requirement.
I.
Additional recreation reservations. The provisions of this section
are minimum standards and shall not be construed as prohibiting a
developer, with the approval of the Board of Supervisors, from dedicating
or reserving other land for recreation purposes in addition to the
requirements of this chapter.
J.
Private reservation of land. Notwithstanding anything contained in
this section, the applicant may, with the consent and approval of
the Board of Supervisors, elect to fulfill the open space requirements
through the private reservation of a recreation area.
(1)
Any project that proposes the private reservation of land shall be
accompanied by an agreement, which shall be acceptable to the Township,
and which shall be recorded prior to or concurrent with the preliminary
plan approval. Such agreement shall stipulate:
(a)
That maintenance of the designated open space is the responsibility
of the applicant, a homeowners' association, a condominium unit owners'
association, or other recognized conservation organization.
(b)
The availability of such private open space to nonresidents
of the development.
(c)
The method by which the private reservation may be offered for
public dedication.
(d)
That the land cannot be developed for anything other than open
space purposes.
(e)
That the land cannot be sold or disposed of by the association
except to another organization formed to own and maintain said open
space and without first offering to dedicate the land and improvements
to the Township.
(2)
If such lands are to become common elements of a homeowners' or condominium
unit owners' association of any type, then such association's organizational
by-laws must conform to the requirements of applicable state law.
K.
Construction or recreation facilities. Notwithstanding anything contained
in this section, the applicant may, with the consent and approval
of the Board of Supervisors, elect to fulfill the open space requirements
through the construction of recreational facilities. All approved
recreation facilities constructed in lieu of land dedication shall
be included within the cost estimate for the financial security.
When there is a reasonable probability that a project will affect or be affected by carbonate geologic hazards, the Board of Supervisors shall require submission of a hydrogeologic report. In reaching a determination of whether a project will affect or be affected by carbonate geologic hazards, the Board of Supervisors shall consider the presence or absence of carbonate features in the vicinity of the project, the testimony of qualified expert witnesses, and such other reasonable information as may be available. When a hydrogeologic report is required, an aquifer test (see § 160-65) shall also be required. All hydrogeologic reports shall be prepared at the applicant's expense by a licensed geologist qualified in such matters. Each hydrogeologic report shall contain:
A.
A map showing all sinkholes, depressions, lineaments, faults, outcrops,
springs, drainage entering the ground, water table, soil mottling
and ghost lakes, and all features that may relate to the quality and
availability of groundwater within 200 feet in all directions from
the subject tract.
B.
A map outlining all private wells within a radius of 200 feet of
the subject tract and all public water supplies, associated pipes,
hydrants, and future service areas within 200 feet in all directions
of the subject tract provided such information is available from public
sources or documents.
C.
A listing of all referenced data, published and otherwise.
D.
A topographic site map with the site clearly outlined.
E.
A map indicating the location and design of all on site wastewater
disposal systems and secondary systems.
F.
A description of anticipated water quality impacts to areas located
downgradient and areas located along the geologic strike.
G.
A description of on site mitigation measures that could be applied
to minimize impacts of the project or to correct existing problems.
All applicants proposing the creation of lots which would be served by individual wells or new community water systems shall meet all requirements of Chapter 181, Water.
